USA > Maine > York County > York deeds, Book X 1719-1722 > Part 62
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York ss October ye 6th 1721 William Bail above named personally appearing acknowl- edged the foregoing Deed of Mortgage to be his Voluntary act & Deed
Coram Joseph Hamond : J : pacs
York ss. Jan'y 5th 1721/2 : Jane the wife of William Baile abovenamed acknowledged the foregoing Instrument to be her Act & Deed Before Joseph Hamond Jus. Pacs Recorded according to the Origanall ye 22ª Feb"y 1721/2 p Abram Preble Regr
To all Christian People to whom this Present Deed of Sale Shall Come John Brown of Glocester in ye County of Essex in New England Yeamon Sendeth Greeting &c. Know ye that the Said John Brown for and in Considera- tion of Fifty pounds Current passable money of New Eng- land to him in hand paid & Secured to be paid to Sattisfac- tion before the Ensealing & Delivery of these Presents by Nathaniel Winslow now Resident in said Glocester in the County aforesaid Phisitian the Receipt whereof he ye Said John Brown doth acknowledge and himselfe there withall to be fully [264] Sattisfied Contented and paid and in Con- sideration whereof he hath given granted bargained Sold aliened assigned Enffef'd & Confirmed, and by these Pres- ents he doth fully Clearly & absolutely give grant Bargaine Sell Aliene assigne Enfiffe Convey Sett over & Confirm unto ye Said Nath" Winslow his heirs Executors administrators
BOOK X, FOL. 264.
and assignes forever a parcell of upland and Salt marsh ad- joyning Together Sittuate Lying & being in the Town of Falmouth in the Province of Maine Containing fifty Acres and which Land is butted & bounded as followeth South- eastwardly by the River North wardly by the land of Rich- ard Martaine Westwardly by the land that was formerly Nathaniel Wallises late of said falmouth Deceased and John Wallis his Son the said fifty acres to have a quarter part of the front to the River and of the marsh pertaining unto said Wallises two Hundred Acres of land formerly bought of Roger Spencer and So to Range up. Northwestwardly till ye Said fifty acres be Completed it being al that fifty Acres of land and marsh which he said John Brown bought of Thomas Blashfield of North Yarmouth. To have and to hold ye Said fifty Acres of land and marsh before mentioned and as above butted and bounded or howsomever otherways Said land may be reputed to be butted or bounded with ye woods underwoods standing Lying or being on ye Same and all quories Rocks mines and mineralls streams and water Courses Lying within ye Same and all and Singular the Rights Libertys Priviledges and appurtenances to ye Said land belonging or in any ways appertaining to him ye Said Nathaniel Winslow his heirs Executors Administrators and assignes forever. and to his and their Sole and only proper use benefitt and behoofe forever, Quietly & peacably to use occupy Possess and Injoy as a good and Indefeasable Estate of Inheritance in fee Simple and the Said John Brown for himselfe his heirs Executors and administrators do Cove- nant Promise and Ingage to and with him the said Nathaniel Winslow his Executors and assigns by these these Presents that he the said John Brown is Imediately before and at the time of the Ensealing and Delivery of these presents the true and Rightfull Owner of the Above granted and har- gained premisses and every part thereof and hath in bin- selfe good Rightfull power and lawfull authority the Same to Sell Convey and assure as is above Expressed and that the same is free and Clear and Clearly acquited and Dis- charged of and from all former and other bargains Sales Alienations Titles Troubles Charges and Incumbrances of what nature and Kind soever : and further the Said John Brown doth Covenant and Ingage that he will warrant and Defend the same to him the said Nathaniel Winslow his heirs Executors administrators and assignes against all and every person or persons Legally Claiming any Right Title or Interest therein In Wittness whereof the Said John
BOOK X, FOL. 264.
Brown and Elizabeth his wife in Testimony of her full Con- sent to the abovesaid Sale & free Relinquishment of any Right of Dowery or Power of thirds that she might have in the same have mutually sett to their hands and Seals this Ninth day of Aprill Anno Dom' Seventeen hundred & Nineteen : 1719 The Mark of Signed Sealed & Delivered John 8 Brown Sent ( Seal )
I the Presence of Mary Newman Ann Newman
The mark of
Elizabeth 8 Brown ( Seal )
Essex ss Glocester Apr11 9th 1721 Then Mr John Brown Sent and Elizabeth his wife above named both Personally appeared and ac- knowledged the above Written In- strument to be their free and Vollintary Act & Deed
Coram John Newman Just Peace Recorded According to the Originall ye 22ª Febry 1721/2 : p : Abram Preble Reg"
To all People to whom these Present shall Come Greet- ing, Know ye that I Gowen Wilson of Kittery in the County of york within his majesteys Province of the Massachusetts Bay in New England house Carpenter for & in Considera- tion of the Sum of Seventy pounds Eleven Shillings & Six pence In good & lawfull money of the Province aforesd to me in hand before the Ensealing hereof well and truly paid by William Pepperrell of Kittery in ye County aforesd Mercht the Receipt whereof I do hereby acknowledge & my selfe therewith fully Sattisfied & Contented and thereof & of every part and parcell thereof do Exonerate acquitt and Discharge ye Said William Pepperrell his heirs Executors Administra- tors for ever by these Presents, have given granted bar- gained Sold Aliened Conveyed & Confirmed & by these Presents do freely fully and absolutely give grant Bargain Sell Aliene Convey & Confirm unto him the Said William Pepperrell his heirs Executors Administrators and assigns for ever ; One Messuage or Tract of land and meadow Sit- tuate Lying and being in Kittery in ye County aforesaid Containing by Estimation Sixty Acres of land & meadow be the Same more or less being all that Tract of land that
BOOK X, FOL. 264.
Richard Endell of Kittery formerly Now Deceased, Pur- chased of Mr Elihu Gunnison it being all that land which the Said Richard Endell formerly Lived on and Possess'd, which land takes its begining att the North side of a mill formerly said Gunnisons & on the North side of sd Gunni- sons land and to run in Breadth Southeast towards John Engersons land Nineteen poles & from the Extent of Nine- teen poles In breadth to run Northeast back into the woods to the former bounds and also that Tract of land that lyes on the South Side of Said Endells former Dwelling house bound by the Creek and Ingersons laine & the old high way as it is now fenced Together with all houses Barns Orchards Trees wood water & water Courses thereunto belonging To have and to hold all the above granted and Bargained prem- isses with all the appurtenances Priviledges and Comoditys to ye Same belonging or in any ways appertaining to him ye said William Pepperrell his heirs & assigns forever to his & their only Proper use Benefitt & behalfe for ever and I ve said Gowen Willson for me my heirs Executors administra- tors do Covenant Promise and grant to & with the said William Pepperrell his heirs and assigns that before ye en- sealing hereof I am the true Sole and lawfull owner of the above bargained Premisses and am lawfully seized & Pos- sess'd of the same in mine own proper Right as a good Per- fect & absolute Estate of Inheritance in fee Simple, and have in my Selfe good Right full power & lawfull Athority to grant bargaine Sell Convey & Confirm said bargained Prem- isses in manner as abovesaid, and that ye said William Pep- perrell his heirs and assigns shall and may from time to time and at all times forever hereafter by force & vertue of these Presents Lawfully Peaceably & Quietly have hold use occupy Possess & Injoy ye above Demised Premisses with the appurtenances free and Clear from all Incumbrances whatsoever Provided Nevertheless and it is the true Intent and meaning of the grantor and Grantee in these Presents anything herein Contained to ye Contrary Notwithstand that if the above named Gowen Wilson heirs or assignes do well and Truly pay unto ye above named Wm Pepperrell or his heirs Executors administrators or assignes the above- mentioned Sum of Seventy pounds Eleven shillings 6ª with lawfull Interest paid Yearly from this date at or before this day three years which will be in the Year of our Lord One Thousand Seven Hundred and Twenty then this above Ob- ligation to be utterly Void & of none Effect or else Shall abide in full force & vertue Sealed with my Seal Dated in
BOOK X, FOL. 265.
Kittery this fifteenth day aprill Anno Domi : One Thousand Seven hundred & Seventeen
Signed Sealed & Delivered
In the Presence of Elias Farlton Sarah ffrost Wim Pepperell Jun"
Gowen Wilson ( Seal ) York ss in Kittery July 17th 1719 Then ye above named Gowen Wilson per- sonally appeared & acknowl- edged this above written In- strument to be his free act and Deed Before me Abram Preble Justice Peace
Recorded according to ye Origanall 22ª Fehry 1721/2 p Abram Preble Reg"
[265] To all People to whom this Deed of gift shall Come Know Ye that I Richard Pears of Mavillhead in ye County of Essex New England fisherman haveing a Considerable tract of lands Purchased by my Father Richard Pears of edp John summersett one of the Sagomore Indians in these parts which was by ye Indians Called Penobscott & by ye English Muscongus it going to round pond falls & So to Pemaquid River yt is to Say that I ye abovesd Richard Pears & with ye Consent of my now lawfull wife Mary Pears do now in these Presents of these Wittnesses freely give to my Brother Edwd Ewen & to his heirs Exec's Admin's & assigns for ever freely & Quietly to Possess without any Molesta- tion & free from any former Sales Mortagages or any In- cumbrances whatsoever four hundred acres of land uplands & meadows according to Division & A Priviledge of halfe a Saw mill upon the River which is my own Proper Right & Lawfull Authority to grant give Convey Ensure ye Same unto ye Said Edward Ewen his heirs Executors Administrars & assignes as a good Perfect & absolute Estate of Inherit- ance In fee Simple without any Condition Limitation or Reservation whatsoever to alter Change Defeat or make Void ye Same finally that I ye Sª Richard Pears my heirs Execu's and administrars shall & will give unto the Said Edward Ewen his heirs Executors administrators & assignes Such assureance of all ye aforesd gift & Premisses as in law or Equity Can be Desired or Required In Wittness whereof I ye Said Richard Pears have hereunto Sett my hand and .
BOOK X, FOL. 265.
Seal the thirty first of January in ye year of our Lord one Thousand Seven hundred & Seventeen
Signed Sealed & Delivered
In the Presence of
his mark
John
Lows
his mark
John Grott
Richard RP Pears (Seal )
Mary 200 Pears ( Seal )
her mark Suffolk ss Boston Febry 1 st
1717 - Richard & Mary Pears appeared and acknowl- edged ye above Instrument to be their act & Deed before Sam" Checkley : J. Peace
Recorded according to ye Origanall febur ye 27th 1721/2 p Abram Preble Reg™
To all People to whome these Presents shall Come Know Ye that I Richard Pearce and Mary my Now lawfull wife doe Give to Edward Ewen & his heirs & assigns for Euer four hundred and Eight Acres of land in the Township of Mary Town the Bounds lying as followeth that is to Say that three hundred acres Shall Joyn to the devided land : it .laying to the westerdmost side of the Pond and so frunting to the Pond one hundred and twenty Poles and So runing a North west by west Course till the three hundred acres be Compleated : and the other hundred & Eight acres to of them being the first lott upon the Northermost Point joyn- ing to ye Coue and the other hundred and Six acres joyning to the devided land begining at the bound Tree at whale Coue frunting forty Poles : and So runing north west by West Course till the Same be Compleated : and a priveledg of a Greates Part of the falls Stream for Euer : to Geather with all Such Rights liberties Proficts Priueledges and ben- ificts as in any Kinde appertaining there unto and all the Rights titles Interest Inheritance properties Possessions Clames and demands What Soeuer of Richard Pearce To have and to hold : all the a boue Granted Premises unto the a boue Said Edward Ewen his heirs and assigns and Proper Vse : from hence forth and for Euer So as that the Said lands Shall be in Equal Portion of wood land Swamps Med- ows or any other Priveledg whatsoever and ye Said Richard Pearce for him Selfe and heirs Doth hereby Couenant prom- ise Grant and Agree that at the time of the Ensealing and delivery of these Presents they the aboue Named Perties is
BOOK X, FOL. 265.
the tru Sole and lawfull owners of all the afore Granted Primeses and Stands lawfully his owne Proper Right and defeazable estate of inheritance in fee Simple haueing in him Selfe full power Good right and Lawfull authority to Give and dispose of the Same in Maner as afore Said : and that the Said Edward Ewen and his heirs and assigns shall and may hane for euer lawfully and Paceably and quiatly haue hold vse ocupie possess and Injoy the aboue Granted Premises with the appurtinances thereof : free and Clearly of and from all Maner of former and other Gifts Grants Sales Mortagages or any Incumbarancis What Soeuer and further the Said Richard Pearce doth hereby Couenant Promise bind and obblige him Selfe his heirs from hence- forth and for Euer here after to warant and defend all the aboue Granted Primises with Euery of their appurtinances unto the Said Edward Ewen and his heirs and assigns for ener : and the aboue Said Edward Ewen doo allow that there Shall be for a four Pole way Laid through his land for a high way for euer and likewise the former Im Proueed Medows at the Pond Shall not be Molisted : but Continue belonging to ye Propriatours and a Small Neck of land Lay- ing be twext the Medow and the Pond and allowing Six poles for a Priveledg to fence in Said Medow for Euer : In- testimony hereunto I do Set My hand and Seale the twenty ninth day of January in the year of our lord One thousand Seven hundred and Ninteen twenty Signed Sealed & delivered his
In the Presents of Us William Briscoe William Hilton
Richard : R:P Pearce ( Seal )
mark
her
Mary : : Pearce Seal
mark Suffolk ss Boston June ye 27th 1720 Mary Pearce as attorney to her husband and on her owne behalfe acknowledged this Instru- ment To be her act and deed Before me John Cleark, Jus : peace. Recorded according to ye originall febuary ye 27th 1721/2 p Abram Preble : Reg
To all Christaine People to whome these Presents may Come or concirn John Parker of York in the County of York in ye Prouance of the Massachusetts Bay in New Englan
BOOK X, FOL. 266.
husbanman and Sarah Parker his wife Sendeth Greeting Know Yee the Said John Parker and Sarah his wife divers good Causes and Considerations them Moueing : but More Espetially for and in Consideration of a Comfortable Main- tainance Now in their Old age so long as it shall please God they or Either of them Shall live in this World : Well Se- cured to them and Each of them by their Son in law John Harmon of Said York Yeoman as is hereafter in this Instru- ment Set forth they the Said John and Sarah Haue Given Granted Bargained aliened Enfioffed and Conuayed and doth by these Presents Giue Grant Bargain Enfioffe and Conuay and fully freely and absolutely Establish and Con- firme and Makeouer unto their Said Son in Law John Har- mon and his heirs and assigns for Euer : Their Whole Right title and Interest of all their [266] Worlly Estate Both rail and Parsonal upon Earth that they now haue or Euer ought to haue in Said York or Elce where Viz : their dwell- ing House : and land Whereon they Now live and Orchards thereon With all the Pruieledges thereof Which Said Home lott or Place doth Containe Eight Acres be it More or less the which Said land is buted and Bounded as followeth : upon the South west side by the Town Parth : That leads from the Great Bridg that lyeith ouer the Meeting house Creek in Said York So Called : and So towards the uper End of this town of york aforesaid and on the North West- ward is bounded by Said John Harmons one land and North East ward by the foot of Scituate lotts So Called or how Euer is or May be Reputed to be bounded : as also twlue acres and a halfe of land that lyeth behind the Home lott of Capt Lewis Bane: Descacd as is Set. forth in the Return of ye laying out of said land may Plainly appear with the Boundires thereof : with all ye Priveledges and appurti- nances belonging to the Same Will all ye Coman Rights : with all and any Other Land or Medow : that is now or May hereafter belonging unto them the Said John Parker or unto Sarah his wife as also all their Parsonal Estate Whatsoeuer or Wheresoeuer it is or May be found : Unto him the Said John Harmon and his heirs and assigns for Euer : To have and to hold : and quiatly and Peaceably to Vse Improve Ocupie and Injoy as a Good Clear and absolute Estate in fee Simple With out any let henderance Molis- tation disturbance or Interuption by any Ways Meins or Maner What Soever but from and after this date Do War- antise the aforesaid Said Primeses against all Person or Persons what Soeuer Claming or demanding any Part or Percell thereof from by or under them Claming by any Pro-
BOOK X, FOL. 266.
tence whatsocuer : Before or after their descaie, and that according to ye before Bargained Presises they the Said John and Sarah Will Stand to and abide by the Same this being on their Part : Nextly : Know all men by these Presents that I the beforenamed John Harmon of Said York in the County of York and Prouance aforesd Do by these Presents bind and oblige My Selfe my heirs Executors and admines- trators in the full Vallue of the before Granted and demised Premises Unto My father in law John Parker and Mother in law Sarah Parker of Said York to take Care of them to Provide for them a Sutable Maintainance from and after the date of these Presents during their Naturall life: in all Kinds and Respects Whatsoeuer : in things Proper for their Cum- fartable Subsistance : Both for Meats drinks Washings Lodg- ings Clothing Beding houseroome : attendance that May hereafter be nesesary for them in their old age or Either of them : during their Naturall life in this World: Both in Sickness and in health according to the Custumery way of lineing in these Parts of the Countiry : and I doe further Bind My Selfe My heirs Executors & Adminestrators for and in the Consideration aforesd that the Said John Parker and Sarah Parker his wife : after their Respictive deceace : Shall haue a descint Burill : Inconfirmation of this before going or writen Instrument the before Named John Park and Sarah Parker : Each on their Part and the Said John Har- mon on his Part: Each for them Selves In Confirmation hereof haue hereunto Sett their hand and Seals this first day of March in the Year of our Lord one thousand Seven hun- dred and twenty one (two) and in the Eight Yeare of the Reign of our Souereign lord George King of Great Britaine &c his
Signed Sealed & delivered in the Presents of us Edward Beale Abram Preble
John : < : Parker ( Seal )
mark
her
Sarnh : : Parker ( seal )
mark John Harmon ( seal )
York ss York March the 6th 1721/2 John Parker and Sarah Parker his wife Personally ap- peared and acknowledged this Beforegoing Instrument in Writ- ing on their Part to be their free and Uolantory act and decd before Me Abram Preble Jus : peace
BOOK X, FOL. 266.
York ss : York March the 6th 1721/2 John Harmon Par sonally appeared and acknowledged this before Going In- strument on his Part to be his free act and deed
before Me Abram Preble Jus : peace Recorded according to ye Originall March ye 8th 1721/2 p Abram Preble Reg
Know all men by these Presents yt we Sam" Harmon and John Eldredg of Wells in the County within his Majestys Prouance of the Massachusets Bay in New England Husban- men are holden and Stand firmly Bound and obliged Each unto the other in the Sum of fifty Pounds Currant Money in New England to the tru Payment whereof the Said Samuel Harmon and John Eldredg. do bind them selues their heirs Executors adminestrators and assigns Each unto the other : his heirs Executors Adminestrators and assigns firmly by these Presents Sealed with our seals Dated the first day of January Anno dominy 1721/2 and in the Seventh year of the Reign of our souereign Lord King George ouer Great Britaine france and Island &c
The Condition of this Present Obligation is Such that whereas a differance dispute and Sute at law hath bin had Moueed and is Still depending betwene the aboue Bounden Samvel Harmon Plantive on the one part and ye aboue bounden John Eldridg on the other Part relating to a Cer- tian Island of thach or thach Ground on which the Said Harmon allegeth that the Said Eldridg or Sum other Person under him and in pertence of his Right hath Trespased on the Said Harmon by Cuting and Carrying away Sundry Cocks of thach or Grass from the said Island for the ami- cable ending and Issueing of which differance dispute and law Sute and also the full determining Right and title of the Said Island to one of the Said Pertues and how the Cost and Charges of ye law Sute Shall be defrayed and Paid With ye Charge of this arbitratment the Said Perties haue agreeed to Submit and refer the Same to be heard and finaly Isened and determinated by Cor" John Wheelwright and Capt Joseph Hill of Wells afore Said they two agreeing or other waise they to Make Choice of a third Person to Joyn With them in the affaire arbitrators by the said Pertues Endiferantly Made and Elected for that purpose or by any two of them A Greeing if therefore the Said Perties Shall and doe attend the Said arbitratores at time and Place by them to be appointed and Shall Make and Give in their and Each of their Please proofs and allegations about the Prem-
BOOK X, FOL. 267.
ises and if the Said Samuel Harmon and John Eldredge : and Each of them their and Each of their heirs Executors adminestrators and assigns Shall and do well and truly obserue obay fullfill and Keep all and singuler the award arbitrament order and determination of the Said arbitratores or any two of them of for and upon the Premises so as Such award arbiterment order and determination be made and Given by the Said arbitrators or any two of them in Writing under there or any two of their hand redy to be delivered unto Either of the Sa Perties withim the Space of thirty days after the day of the date hereof and With out Coven of fraud then the within Written Obligation to be Void and of non Effect : Or Elce to abide and Remaine in full force and uertue signed sealed and delivered [267]
In the Presents of us his
Samvel Harmon ( Seale ) John Eldredg ( Seal )
Christefer 6°. Baly
York ss Wells January ye 22cd
1721/2 the above Named Sam- Phillip Hall mark uel Harmon and John Eldredg Parsonally appeared before me the Subscriber one of his Majestyses Justeses of the peace for sª County and acknowledg the aboue written Instrument to be their Act and deed John Wheelwright Recorded according to the originall March ye 8th 1721/2 p Abram Preble Reg
Whereas we the Subscribers weare nominated and Chosen by Sam" Harmon and John Eldredge arbitrators for the Ending Isueing and determinating a Contreves and law Sute Which hath arisen betwene the S' Harmon and Eldridge, relating to a Certain Island of thach or thach Ground as also to determine how the Charge of the law Sute and arbi- tration Shuld be bourn and Paid as May More at learge appeare by a bond of Arbitration under their hands and Seals bareing date the first day of Januar 1721/2 And haueing heard their and Each of theire Please proofes and allegations about the Premises and Maturely Considered the Same Do award arbitrate order and determine as followeth : viz : that the Iland of thach or thach Ground Doth of right Justly belong unto the Said Samvel Harmon : and that he the Said Harmon Shall for Euer here after peacably and quiatly Injoy the Same to him and his heirs for Euer with- out any lett henderance or Molistation from the Said John
BOOK X, FOL. 267.
Eldredg his heirs or as signs for Ener it being part of an Island of thach Sold and Conuayed formerly by Ezecill Knight ser Ezekell Knight Jur the 19 day of october 1674 : unto Natha" Masters : and is Now bounded by a flash of Watter or low Creekey Ground into Which the tide flows at a bont halfe tide deviding betwene the Said Island and the Marsh formerly Ezekell Knights down the River Neer where a small Creek Iseueth out of the Marsh formerly the Said Knights and raneth it Selfe into the main River also we award and determine that the Said John Eldredg do pay unto the Said Sam" Harmon within two Mounth from the day of this date the Court Charges as also the Charge of this arbitration : and the Recording ye Same : amounting to the Sum of three Pounds Sixteen shillings and nine pence being the whole Cost and Charges about the Primeses and that the Said Samvel Harmon Pay out to the Severall Per- sons as hereafter Mentioned that is to Jeremiah Storer an enedence two shillings to Sam" Willson an Euedance two Shillings to Capt Joseph Hill as Arbitrator Sixteen shillings to Cor" John Wheelwright as Arbitrator writing the bonds taking Euedancs and taking Care and Paying for the Record bond and award one pound Nine Shillings In Witnes whereof we haue Set our hand as Arbitrators This 27th day of January : 1721/.2
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