USA > Maine > York County > York deeds, Book X 1719-1722 > Part 9
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To all People to whom these presents shall come Lois Curtice c Evnice Curtice Single Women, Two of ye
Lols
& Eunice Daughters c Coheirs of Mr Joseph Curtice Late of
Curtis Kittery in ye County of York in the Province of ye to Jos : Massachuttes Bay in New England Deceased Send Greeting &ct Know ye that ye sd Lois Curtice c Evnice Curtice for c in Consideration of ye Sum of Three hundred c Nine pounds c fifteen shillings in Currant Money of New England them in hand well c Truly paid or Secured in ye Law to be paid at and before ye Ensealing c delivery hereof by their Brother Joseph Curtice Ktty aforesaid Gen- tleman ye Receipt whereof they ye sd Lois c Evnice Curtice do by these presents acknowledge c themselves therewith to be fully Satisfied Contented c paid c thereof do acquit c discharge ye sª Joseph Curtice his Heirs Execrs c Administrs for ever by these presents, Have given granted bargained Sold Aliened Enfeoffed Assigned Set over c Confirmed unto him ye sª Jos : Curtice his Heirs c Assignes for Ever Eighty Eight Acres c an halfe of Land Being Two full seventh parts of ye Lands of their sª Deceased Father in ye Town of Kit- tery or York wch to him at ye time of his Death did Apper-
BOOK X, FOL. 32.
tain Excepting one Acre of Land wch ye sd Lois c Evnice do reserve to themselves Joyning to ye Dwelling house of their sª Father deceased being in ye Pasture next ye Doower Set out to their Mother Mrs. Sarah Curtice To Have c to hold ve sd Eighty Eight Acres c an halfe of Land Together with all c Singular ye benefits profits previledges c appurtenances thereof unto him ye sª Joseph Curtice his Heirs c Assigns to his c their only proper nse benefit c behoofe for Ever, And ye sª Lois Curtice c Evnice Curtice for themselves their Heirs Executrs c Administra do hereby Covenant grant c Agree to c with ye sª Joseph Curtice his Heirs c Assigns - in manner ffollowing yt is to Say yt they ye sª Lois c Evnice Curtice at c untill ye Ensealing c delivery of these present are ye true c Lawfull owners of ye sd Eighty Eight Acres c an halfe of Land c premisses, c Stand Lawfully Siezed thereof in their own proper right as a good perfect c abso- lute Estate of Inheritance in fee Simple without any maner of Condition reversion or Limitation of use or uses whatso- ever so as to alter Change defeat or make void ye same, c have full power good right c Lawfull authority to grant Sell C Assure ye sd Land c premisses in manner as aforesaid c yt ye same c every part thereof is free c clear c clearly Ac- quited c discharged of c from all former c other Gifts grants bargains Sales Leases Mortgages Wills Entails Judgments Executions Titles Troubles Charges c Incumbrances What- soever, And further that they ye sd Lois Curtice c Evnice Curtice their Heirs Execu's c Adminis's shall c will Warrant c defend ye sd Eighty Eight Acres c an halfe of Land c make good ye full Quantity thereof wthin ye Boundaries of their said Deceased fathers Land unto ye sd Joseph Curtice his Heirs c Assigns for ever Against ye Lawfull Claims c demands of all c every person c persons Whatsoever In witness whereof they ye sd Lowis Lois Curtice c Evnice . Curtice have hereunto Set their hands c Seals this Seven- teent day of May Anno Domini c 1720 Annoq Domini Regni Regis Georgis Magna Brittania &e Sexto
Signed Sealed and
delivered in prence of us Jos : Hammond JJun' Hannah Hamond
Lois Curtice ( seal )
Evnice Curtice ( seal )
York ss/ May 17th 1720
Lois Curtice c Evnice above named Curtice psonally appear- ing Acknowledged ye foregoing In- strumt in writing to be their Vol- luntary Act c deed
Coram Jos Hamond J : peace
BOOK X, FOL. 32.
Recorded According to ye Original May : 17th 1720 p Jos : Hamond Regr
Know all men by these prsents That I Joseph Curtice of Kittery in ye County of York in New England
Jos. Gent for c in Consideration of ye Sum of two
Curtice to His Sisters hundred and ffifty pounds Currant money of New England to me in hand paid by my Sisters Lois c Evnice Curtice of ye Same Kittery aforesaid Single women
Have given granted bargained c Sold c made over c Con- This Mortgage is Discharged Lib. xi fol 160 firmed unto them ye sd Lois and Evnice Curtice their Heirs C Assignes all that my part share portion or devidend Either in posession or deversion of yt Tract of Land wych was allotted to our Mother Mrs Sarah Curtice Together wth my Share of ye Lands of our Brother Thomas Curtice de- ceased Together wth Twenty-two acres of Lands set out c allotted unto ye sd Lois c Eunice Curtice c by them Con- veyed to me by one Instrument in Writing under their hands c Seals bareing Even date wth these psents with all ye previlidges c Appurtenances thereto belonging or any way appartaining To have and to hold to them ye sd Lois c Evnice Curtice their Heirs c Assigns for ever ye peace- able c quiet possession thereof to Warrant c Defend from all persons Claiming ye Same or any part thereof from by or under me - - - Provided always c upon Conditions - Nevertheless yt if ye sd Joseph Curtice his Heirs Execurs or Adm's shall and do well c Truly pay or Cause to be paid unto ye sª Lois Curtice ye Sum of one hundred c fifty pounds c to ye said Evnice Curtice ye Sum of one hundred pounds with ye Lawfull Interest thereon at or before ye 17th Day of May which shall be in ye year of our Lord 1722 According to an obligation given to each of them bareing also even date with these presents then this present deed of Mortgage c Every Grant Article c Clause therein shall Cease Determine be void c of none effect otherwise to remain c be in full force force Strength c virtue to all Intents Constructions c purposes in ye Law Whatsoever, The Severall Traets of Land afore mentioned and Described are Seittuate in ye Town of Kittery, and are part of ye Estate of our Father Mr Joseph Curtice of Said Kittery deceased In wittness and for Confir- mation of all above Written I ye sd Joseph Curtice have hereunto Sett my hand c Seal this Seventeenth day of May
BOOK X, FOL. 33.
Anno Domini [33] Seventeen hundred c Twenty Annoq" Regi Regis Georgis Magna Brittania &cª Sexto
Signed Sealed c delivered
In the presence of us Jos Hammond Jun" Hannah Hammond
Jos : Curtice ( seal ) York ss/ May 17th 1720
Mr Jos Curtice above named
personally appearing acknowl-
edged ye foregoing Instrument in Writing to be his Volluntary Act c Deed Coram Jos : Hamond J peace
Recorded According to ye Original May 17th 1720 p Jos : Hamond Regr
Know all men by these presents That I ffoxwell Curtice of ye Town of Kittery in ye County of York in New
England Marriner have Constituted ordained and
Foxll Curtis to made c in my stead c place put c by these presents Jos: do Constitute ordain c make c in my stead c place put my trusty c well beloved friend Jos : Curtice of ye same place Gent to be my true Sufficient c Lawfull Attorney for me c in my name c stead c to my use, to ask demand Levy, Require Recover and receive of c from all c every pson c c psons whomsoever ye same shall c may concern all c Sin- gular Sum c Sums of money debts, Goods wares merchan- dize Effects c things Whatsoever c wheresoever they shall and may be found due owing payable belonging c Comeing unto me ye Constitutant by any ways c means whatsoever, nothing Excepted or reserved giving c hereby granting unto my sª Attorney my full and whole strength power c au- thority in c about ye premises c to take use all due means Course c process in ye Law for ye obtainnig c recovering ye Same c of recoveries c Receipts thereof in my name to make Seal c Execute due acquittances c discharges : c for ye pre.nisses to appear c ye psons of me Constitutant to represent before any Governour Judges Justices officers c ministers of ye Law whatsoever in any Court or Courts of Judicature c there on my behalf to answer, Defend c Reply unto all actions Causes matters c things whatsoever relate- ing to ye premises with full power to make c Substitude one or more attorneys under him my said Attorney c ye Same again at pleasure to revoke c generally to Say do act trans- act determine accomplish c finish all matters c things what- soever relateing to ye premisses, as fully amply c effectually to all intents c purposes as I ye sd Constituant myself ought or might personally, altho ye matter should require more
BOOK X, FOL. 33.
special authority then is herein Comprised I ye sª Constitu- ant Ratifying allowing c holding firm c valid all c whatso- ever my sd Attorney or his Substitutes shall Lawfully Do or cause to be done in c about ye premises by virtue of these presents In Wittness whereof I have hereunto Set my hand c Seal the Twenty Seventh day of July Annoq" Domini one Thousand Seven hundred c nineteen In ye fifth year of his Majesties King Georges Reign
Signed Sealed and
York ss/ York July the 28th 1719
of us
Nicholas Morrel
Richard Rice
this above and this Instrument to be his free Act and deed
before me Abrem Preble J : peace
Recorded According to ye Original May 17th 1720 p Jos Hamond Regr
To all People to whome these Presents shall come Greet- ing Know ye yt I Jos : Curtis of Kittery in ye
J Curtis to
County of York c in ye Province of ye Massa-
Rodgers chuttes Bay in New England Gent1 for c in Con- sideration of ye Sum of Ninety Six pounds Money to him in hand paid c Secured to be paid by William Rogers of the above sd County Town c Province ye Receipt whereof I do hereby Acknowledge c my Self therewith fully Sattis- fyed c contented c thereof c of every part c percel thereof do Exonerate Acquit c discharge ye sª William Rogers his heirs Execurs Admin's for ever by these p'sents Have given granted bargainª Sold Aliened Conveyed c Confirmed c by these presents do freely fully c absolutely Give grant bar- gain Sell Aliene Convey c confirm unto him ye sd Wm Rogers c his Heirs c Assigns for ever Thirty two Acres of Land lying within ye Township of Kittery in ye County of York aforesaid Butted c bounded - as ffolloweth vizt Twenty Acres pcell thereof being granted to Thomas Rice of Kittery aforesaid May 16th 1694 c laid out c bounded to him on ye 27th day of Decembr 1698 c begins at a Great Rock in ye woods behind Mr Curtises in ye way going to Maj' Frosts near a little stoney Brook c runs from that Rock on an East line one hundred c Twenty pole c from thence South Twenty Seven pole c from thence West one hundred c Twenty pole c from thence Twenty Seven pole north to our first station at ye great Rock aforesaid which sª Twenty Acres of Land was by ye sª Thomas Rice Sold c Conveyed to Mr Joseph Curtice of Kittery aforesaid deceased on ye fourteenth day
ffox" Curtis ( seal )
delivered in psence
The above named ffoxwell Curtice
personally appeared c acknowleded
BOOK X, FOL. 33.
of February 1704 Twelve Aeres ye other pereell thereof be- ing part of a Grant of Twenty five acres Granted by ye Town of Kittery to M' Jos Curtice deceased on ye 16 day of May 1694 Takes his begining at a great Rock in ye way to Stur- geon Creeck where stands a Beach Markt on four sides wth E C c from thence North by Edmond Hammond's line eighty five pole then east Twenty four pole c from yt Extent south Eighty five pole c from thence West to ye first Station ye whole of both percells contains Thirty c two Acres together with all ye previlidges c Appurtenances thereunto belonging or in any wise appertaining To have c to hold unto him ye sd Wm Rogers his Heirs c Assignes to his c their own proper use benefit c behoofe from henceforth c for ever Exeepting c re- serveing ye fire wood growing upon ye above mentioned Twelve Acres so much as ye sª Curtice shall take of in Three Years c not afterwards c I ye sª Jos : Curtis for my self my Heirs Execut's c Administrs do Covenant c promise to c with ye sd Wm Rogers his Heirs c Assigns yt at c untill ye Ensealing c delivery of these prsents I am ye true c Lawfull owner of ye above granted premisses c have in my self full power good right c lawful Authority to grant c Convey ye Same in manner as aforesaid c that ye same c every part thereof is free c elear and freely c clearly acquitted Exonerated c discharged of c from all c all manner of former c other Gifts Grants. bargians sales or any other Incumbranees Whatso- ever ye peaceable c quiet possession thereof To warrant c defend against all persons whatsoever Laying Claim there- to or any part thereof c Sarah ye wife of me ye sd Jos : Cur- tice doth hereby also freely c willingly give yield up c Sur- rendr all her right of Dower c power of thirds of in c to ye above Granted premisses c every part thereof In Wittness whereof I ye sd Jos : Curtice c Sarah my wife hath hereunto Set our hands c Seals this Twentieth day of May in ye Sixth year of ye Reign of our Soverigne Lord George King of Great Brittain &c Annog Domini one Thousand Seven hundred c Twenty
Jos : Curtis ( seal ) her
Signed Sealed and
delivered in ye p'sence of us John Gowen Nath" Freeman Jos : Hamond Jun"
Sarah Curtis ( seal )
mark York ss/ May 20th 1720
M' Jos : Curtis c Sarah his Wife above named personally Appearing acknowledged yo forgoing Instrumt in Writing to be their Volluntary Aet c deed Coram Jos : Hamond J peace
BOOK X, FOL. 34.
Recorded According to ye Original May 20th 1720/ p Jos Hamond Regr
[34] The deposition of Mrs. Deborah Finiex of about Seventy years of age Testifyeth c saith yt shee this deponant hath known Thomas Rice formerly of Kit-
Fenix for
Rice tery deceased c Mary his Wife lived c dwelt c were in ye actuall posession of yt part c halfe of Mr Thomas Weathers formerly of Kittery deceased his home Lott next unto Robert Mendums between three c four c fourty years before ye date hereof and further saith yt ye above sd weathers daughter Mary hath been Married unto ye above Said Thomas Rice deceased between three c four c fourty Years c saith yt when Thos Rice c Mary his Wife first Dwelt upon that Land it was a Wild ness Land
York ss : / Kittery Nouembr ye 17th 1716 Deborrah Fenix above named personally appeared before Uss ye Subscribers c made oath to ye truth of ye above Written
Wm Pepperell J : peace Abra Preble
Recorded According to ye Original which Came Sealed to my hand May 17th 1720 p Jos Hammond Reg"
The deposition of John Ball c his Wife Joannah ye one about Eighty years of of age c ye other about Seventy
Ball Years of Age or thereabouts Testifieth c saith yt they for Rice ye deponants hath known Thomas Rice formerly of Kittery deceased c Mary his Wife ye Daughter of Mr Thomas Weathers of ye Same place deceased hath lived c were into ye Actuall possession of yt part c halfe of Mr Thomas Weathers home Lott on ye North East side of Pes- cattaqua River next unto Robert Mendums between three c four c fourty years before ye date hereof and further saith that Thomas Rice above sd Deceased was married un to Mr Thomas Withers daughter Mary between three c four c fourty years before ye date hereof c further saith yt they these deponants heard Mr Thoms Weathers say yt he had given ye above sd Land unto Thomas Rice c Mary his Wife for their portion c further saith yt ye above said Land was a wilderness Land when ye above sd Thomas Rice c Mary his Wife first dwelt on ye said Land
York ss/ Kittery Nouem" ye 17th 1716 ye above named
BOOK X, FOL. 34.
John Ball c Joannah his Wife Parsonally appeared before us ye Subscribers Justices of ye peace for ye sª County of York c made oath unto ye above written
Wm Pepperell Abra Preble
Recorded According to ye Original which Came Sealed to my hand May 17th 1720 p Jos Hamond Regr
To all Christian People to whom these presents shall Come Samuel Wheelwright of ye Town of wells in
S Whel wright ye County of york in the Province of ye Massachu- to sets Bay in New England Gent : Sends Greeting John Know ye that whereas I Samuel Wheelwright have by an Indenture vnder my hand and Seal and vndr ye hand and Seal of Esther my wife Bareing date ye Seventeenth day of June anno : Dom : one thousand Six hundred ninety and five have given and Granted unto my well beloved Son John Weeelwright one Moiety or half part of Several par- cells and Quantityes of Lands meadow and marsh Ground as it is to me granted and Confirmed by deed of bargaine vnder ye hand and Seal of Katherine Nanny alice nailer of Boston widdow Now Know ye by these presents that I ye above sd Sam" Wheelwright for ye Natural Loue good will and affection that I have and do bare unto Dutyfull and Wellbeloved Son John Wheelwright of ye abovesd Town of wells and County of York in the Province of ye Massachu- sets bay in New England and other good Cavses and Con- siderations me thereunto moving have given granted alliened Enfeoffed Released assigned and Confirmed and by these presents do : fully freely Clearly and absolutely give grant aliene Enfeoffe assigne release and Confirm unto ye sd John Wheelwright his his heirs and assignes forever ye other full Moiety of half part of all and Every part and parcell of Lands meadows & marsh ground Lying Scittuate bounded and Described as in ye above mentioned Together with all ye buildings housing fences whether Standing Lying or being upon Said Land woods vnder woods Commons with all other profits priviledges rights Commodities heridetaments Emol- umts and appurtenances to ye Same belonging or in any way appertaining with a Saw mill belonging to and being upon ye Same and also all ye Estate rights Title Interest vse. pos- session Dower Thirds Claims properties and Demands what- soever of my heirs of in and to ye Same and Every part thereof To Have & To hold after my decease and ye decease
BOOK X, FOL. 35.
of Esther my wife all ye afore mentioned granted Infeoffed and Confirmed premises unto him yº sª John Wheelwright his heirs and assignes for ever to his and Their Sole proper vse benefit and behoofe from henceforth and forever freely peaceably and Quietly without any manner of reclaim Chal- lenge or Contradiction of any of my heirs Executors admin- istrators or assigns or of any other person or persons what- soever by their or any of their means Title or procurement in any manner or wise whatsoever and without accompt reconing or answer therefore to them or any in their names to be given rendred or done in time to Come so that Neither my heirs Executors or Assignes or any Other person or par- sons whatsoever by them or from them or in their names or in ye names of any of them at any time or times hereafter may ask Claime Challenge or demand in or to ye premises or any part thereof any right Title Interest vse possession or dower but from all and Every action of right Title Claime Interest vse possession and demand thereof they and Every of them to be vtterly Excluded and by these presents for Ever Debarred In Witness whereof the sd Sam1 Wheelwright hath Set to his hand and Seal This Six and Twentyth day of January In ye year of our Lord one Thousand Six hundred and Ninety nine Seven hundred and in ye 11th year of our Soveraign Lord William ye ye Third of England King &et Sam11 Wheelwright (seal) a
Signed Sealed and de- livered In presence of
York ss/ at his Majtys Superior
Court of Judicature held at York
Sam" Emery
Jonath™ Hamond
for ye County of york on Thirs- day ye 12th day of May Anno Dam : 1720
James Adams
[35] Mr Samuel Emery one of ye Witnesses to ye within Instrument made oath that he Saw Samvel Wheelwright Sign Seal and deliver the within Instrument as his act and Deed and that he ye Deponant Togather with Jonathan Hamond & James Adams Set their mames thereto as Wit- nesses :
Attr Sam' Tyley Cler Recorded According to ye Original May 13th 1720 p Jos Hamond Regr
To all Christian People unto whom this present Deed of gift Shall Come Samuel Wheelwright Sent of Wells in ye Province of Maine within his Majesties Terri-
Samll Wheelwrt to tory and Dominion of New England Esqr and
John
BOOK X, FOL. 35.
Hester his wife Send Greeting; Know Yee that we the sd Samnel and Hester Wheelwright in Consideration of ye Natural Love and Entire Affection which wee have and bare unto our Dutifull son John Wheelwright of ye Same wells, and for ye Setling a Convenient Estate upon our sd son for his Encouragement advantage and better Settlemt have given granted bargained Sold Alliened Enfeofed and Confirmed and by these presents Do freely fully and ah- solutely give grant bargain sell alliene Enfeoffe and Confirm unto ye sd John Wheelwright One full Quarter part of all that our farm of vpland meadow and marsh ground both for Quantity and Quallity with ye appurtenances Seittuate Lying and being in Wells abovesd which was granted To our Hond father M' John Wheelwrigh of salsbury in ye Territory and Dominion aforesª Clerk late deceased by Thomas Gorge Esq" under his hand and Seal bareing date the Seventeenth day of april : anno : 1643 : and by Mr Henery Boade and Mr Edward Rishworth as by deed vnder their hands and Seals bareing date ye Twenty fifth day Novr anno : 1651 : who ware Impowered to Convey part of sd Farm with other Lands p sª Gorge and to us by our sd Father Nevertheless it is ye True Intent and and meaning hereof that before ye sd Division of one Quarter part of ye sd farm for Quantity and quallity as is abovesª be made that There be reserved out of ye whole farm our now dwelling house in which we Now live and barns and outhouses thereunto belonging and Twenty acres of vpland which hath been already broken vp near our sd Dwelling house in which we now live Also we give unto our sd Son a new dwelling house Lately built on sª farm on ye plain near ye house and Land of Francis Littlefield Sent with ye ground whereon it Standeth also five acres of marsh ground Scituate lying c being at Maryland, within ye Pre- cinets of ye Township of Wells as also a house c ground whereon it standeth wth halfe ye Land c appurtenances there- unto belonging scituate lying c being in Wells afore sª which we lately purchased of Gustian Logindra, Together wth all and Singular ye houses buildings, arable Meadows pasture, woods, und woods Comons c all other ye previliges c appur- tenances to them or any of them belonging To have c to hold ye sd houses lands, tenements, wth all c singular ye previlidges appurtenances c premisses abovementioned in Wells, and in ye Precinct of ye Township of Wells above said unto our sd Soun John Wheelwright c to his heirs law- fully begotten of his body for ever, c for want of Such heirs, to ye heirs of me ye sd Samuell Wheelwright for ever And we ye sd Samuel c Hester Wheelwright for our selves our
BOOK X, FOL. 35.
heirs, Execu's c Admrs do covenant promise and agree by these presents that at ye time of this grant c bargain and untill ye ensealing c delivery hereof, we are true sole and Lawfull owners of ye above mentioned premisses, c every of them c of every part c percell thereof, have in our selves full power good right c lawfull authority to give grant con- vey c Assure ye same unto ye said John Wheelwright, c to ye heirs lawfully begotten of his body for ever, as a good perfect c absolute Estate of Inheritance in fee simple free c clear c clearly acquitted exonerated c discharged of c from all former c other gifts, grants, bargaines, c Sales, leases, mortgages entailes Joyntures, dowries, power of thirds, c of c from all other titles troubles, charges, c incumbrances whatsoever, And that the sd John Wheelwright, c his sd heirs, shall c may by force c virtue of these presents for ever hereafter lawfully peaceably c quietly have hold use possess c enjoy ye above given c granted premisses c every of them, c every part c percell thereof without ye least let denyall suite trouble, mollestation, or ejection of us ye sd Samuel c Hester Wheelwright our heirs Exeen's Admin's or either of us, or of any other person or persons from by or under us, or either of us by our or either of our means act consent default or procurement In Wittness whereof we ye sd Samuel c Hester Wheelwright have hereunto put our hands c seals this twenty fourth day of January Anno Dom- ini one Thousand Six hundred Eighty Eight Annoq" R Rs Jacobj Secundj Anglia zr Quarto Signed Sealed and delivered
in ye presence of us Jonathan Hamond Robert Hilton Samuel Nanney
memorandum ye words (c to us by our sd father) was in- lined between the thir-
teenth c fourteenth line before sealing and delivery hereof Sam" Wheelwright Senjr ( seai ) Hester Wheelwright ( seal )
her W mark
York ss/ Sept 6th 1704
Leivt Jonathan Hamond personally appearing before me ye Subscribr one of her Majts Justices of ye peace in sd County of York made oath that he was present c saw ye above named Samuel Wheelwright Esq' deceased Signe c Seal this Instrument as his act c deed c that he signed it as wittness c Saw Robt Hilton c Sam" Nanney Subscribe ye same as Wittnesses
Jos : Hamond
BOOK X.
8
BOOK X, FOL. 36.
Recorded According to ye Original May 13th 1720. p Jos Hammond Regr
[36] This Indenture made ye Sixth day of May Anno Domini 1720 one thousand seven hundred c Twenty
John
Wheelwrt In ye sixth year of ye Reign of our Sovereign Lord
Nath11
George, by ye grace of God of Great Brittain France
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