USA > Maine > York County > York deeds, Book XIV 1730-1732 > Part 45
USA > Maine > York County > York deeds, Book XIV 1730-1732 > Part 45
USA > Maine > York County > York deeds, Book XIV 1730-1732 > Part 45
USA > Maine > York County > York deeds, Book XIV 1730-1732 > Part 45
USA > Maine > York County > York deeds, Book XIV 1730-1732 > Part 45
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485
BOOK XIV, FOL. 163.
This Indenture made the Twenty Fifth Day of March Anno Domini One Thousand Seven Hundred
To & Thirty one & in the Fourth Year of the
Charles Frost Reign of our Sovereign Lord King George the Second over Great Britain &e Between the Proprietors of a certain Tract of Land of the contents of Eight Mile Square appointed by Maje William Phillips here- tofore of Saco in the County of York & Province of the Massachusetts Bay in New England Gent Deed to be laid out for a Township situate lying & being on the Western Side of Kennebunk River adjoyning to the Inland Head of the Township of Wells in the County & Provee aforest of the One Part & Charles Frost of Kittery in the County of York & Province aforesª Gent on the other Part Whereas the said William Phillips in his lifetime by a good Deed under his Iland & Seal bearing Date the Fifteenth Day of June Anno Domini 1676 for the Consideration therein mentioned did fully & absolutely give grant sell & confirm unto Robert Lord & Rebecca his Wife Two Thousand Acres of the abovesaid Tract of Land to his Sons Samuel Phillips William Phillips & his Daughters Mary Martha Elizabeth & Sarah & to Zechariah Gillam Peleg Sanford Ezborn Sanford Elisha Sanford Eliphal Stretton John Joylift John Woodmansey Elisha IIntchinson Theodore Atkinson John Sanford & William Hutson to each of them One Thousand Acres of the aforest Tract of Land to be taken up in the most convenient Place for the Setling a Town & in order to that Way of im- provemt every One of the Persons aforest their Heirs Excers Admin's or Assigns to have Proportional Parts for House Lots Wood Land and Meadow Lands but none to take up their Parts or Portions thereby granted or sold without the Consent of the Proprietors of the Major Part of them that so the Intent of settling a Town may not be frustrated all which aforesd grants being Summed up amount to Nineteen Thousand Acres of Land which is near the One Half of the said Eight Miles Square appointed by the said William Phil- lips to be laid out for a Township in & by the aforesaid Deed whereby it appears that the said William Phillips purchased the said Tract of Land of an Indian Sagamore commonly called & know by the Name of Fluellin formerly the true Indian Proprietor Owner & Possessor thereof and that the said Purchase was afterwards confirmed by Ferdinando Gor- ges Esq' the Heir & Successor of Sir Ferdinando Gorges Knight formerly Lord Proprietor of the whole Province of Mayne alias Yorkshire lately so called by Virtue of a Patent under the great Seal of England from the Kings most Ex-
486
Book XIV, FOL. 164.
cellent Majesty as by the aforesaid Deed from the said Wil- liam Phillips Recorded in the Third Book of Records for the said County of York on the Thirtieth Day of August 1676 Relation thereto or to the Record thereof being had will more fully and at large appear & whereat at a Meeting of the Proprietors of the aforest Tract of Land at the Royal Exchange Tavern in Boston aforest on Tuesday the Twenty Fourth Day of June Anno Domini One Thousand Seven Hundred & Twenty Nine the said Proprietors made Choice John Wheelwright of Wells Esqr Jeremiah Moulton of York Esqr & John JJones of Hopkinton Gent to be a Comtter to lay out to the Heirs or Assigns of the Donees or Grantees named in the said Deed the said Nineteen Thousand Acres of Land together in the most convenient Place for Setling a Town according to the true Intent & meaning of the said Deed and whereas the said Committee made yr Report to the Proprietors of the s' Tract of Land at their Meeting at the Royal Exchange Taverne in Boston aforest on Tuesday the Twenty Seventh Day of January 1729 [164]
Note ye Lines
"that they had laid out Nineteen Thousand
here rased out
Acres of Land in the most convenient Place
were coppied for making a Township Beginning on the East- Twice over erly Side of Mousum River & so running on a
North West Point Five Miles & Three Quart- ers to a Poplar Tree marked on the North East of a great Hill & then running South West Five Miles & a Quarter to a great Hemlock Tree Marked & then running South East Down to a Pine Tree marked on the Westerly Side of Maryland Marshes & then running on a North East Point on Wells Line to Monsom River to an Elm Tree Marked where they First began" which Report was Accepted by the said Proprietors who Unanimously Voted at the said Meet- ing (among other Things) That the said JJeremiah Moulton Esqr & John Jones with Charts Frost Gent be a Committee to lay out convenient High Ways through the said Nineteen Thousand Acres of Land & also to lay out Forty Hundred Acres thereof Including convenient Quantities of Meadow into Forty Shares in Manner following vizt Fifty Acres of Home Lott & Fifty Acres back not exceeding Five Acres of Meadow to Each Hundred Acres which is to be reckoned a Single Share & that the said Forty Hundred Acres be grant- ed to Forty able Bodied Men vizt One Hundred Acres to each of them & their Heirs and Assigns forever Provided they each of them build a House upon their Several & Re- spective Home Lotts at least Eighteen Foot long Sixteen Feet Wide & Seven Feet Stud & break up & Fence in Four
487
BOOK XIV, FOL. 164.
Acres of Land within Three Years & live upon & improve the said Lands the full Term of Ten Years the Donees Lotts to be laid out according to the best discretion of the Com- mittee as near together as may be that so the Setlers may the better defend themselves from the Indians in Case of War & whereas afterwards at a meeting of the said Proprie- tors at the Royal Exchange Tavern in Boston aforesaid on the Twenty Seventh Day of October last Past the said Pro- prietors Unanimously Voted that Sam! Tyley of sª Boston Gent Clerk of the Society be Impowred in the Name by or- der of the Proprietors to give proper Deeds to such Persons as shall agree to Settle on the said Forty Home Lotts on the conditions mentioned in the aforest Vote of the Proprietors passed the Twenty Seventh of January 1729 with this fur- ther Provision that if all or any of the Settlers should be driven or forced off from their respective Lotts by the In- dians (in Case of a War) before the said Setlers have lived Ten Years upon their Lotts then & in that Case they shall enjoy the same in Case they return to and within Twelve Months after a Peace is Concluded shall setle on their Lots & fulfill the remaining Part of the said Term according to the intent of their Grant the Time Necessarily lost by the Indian War to be reconed no breach of the Condition of their Deeds any thing contained in the former Vote to the contrary notwithstanding All which will more fully & at large appear by the Proprietors Book of Records now in the Hands of their Clerk and whereas the said Committee Pur- suant to the aforest Vote of the Proprietors have laid out the said Forty Hundred Aeres of Land. viz : Fifty Acres of Homelott & Fifty Aeres back with convenient quantitys of Meadow to each single Share which Lots are Numbered in the Plan taken thereof by the said Committee & deliverd to the said Proprietors Clerk & the before named Charles Frost hath accepted of & taken a Fifty Aere Homelott Num- ber Seven & also a Lott Number Twenty Four Containing Fifty Acres back upon the conditions mentioned in the aforest Votes Now this Indenture Witnesseth that the said Proprietors in Conformity to their Votes afore mentioned & in Consideration of Ten shillings paid to their Clerk for this Deed have given granted aliened enfeofed & confirmed & by these Presents do give grant aliene enfeoff & confirm unto the said Charles Frost the aforesaid Home lott number Seven & out Lott Number Twenty Four, with the Woods under Woods Trees Profitts Priviledges & Appurces there- unto belonging & the Reversions & Remainders thereof. To Ilave and to Hold the said given & granted Lots of Land
488
BOOK XIV, FOL. 165.
with the Appurtenances unto the said Charles Frost his Heirs and Assigns from hence forth and forever under & Subject to the Provisoes & Conditions mentioned in the said recited Votes but if he or they fail in pforming the Condi- tions before mentioned on his Part to be pformed then the sd Lotts of Land to Revert to the Proprietors & their Heirs forever as in their Former Estate anything before written to the contrary notwithstanding And the said Charles Frost for Himselve his Heirs Excers & Admin's doth hereby cove- nant Promise & agree to & with the sd Proprietors to build a Dwelling House upon the said Home Lott number Seven of at least the Dimentions aforest & break up & Fence in Four Acres of the said Land within three Years & lived up- on & Improve the same the full Term of Ten Years accord- ing to the true Intent & meaning of the afore recited Votes & Grant In Witness whereof the said Parties to these Pres- ents have hereunto Interchangeably set their Hands and Seals the Day & Year First herein before written-In the name & by order of the sª Proprietors
Samuel Tyley Clerk (Seal)
Signed Sealed & Delive in Presence of us Benjamin Bridge Richard Hubbard
Suffolk ss/Boston May 19th 1731. Mr Samuel Tyley qualified as aforesª appeared before me the Subscriber one of his Majtys Justices of the Peace for the County of Suffolk & acknowledged the aforewritten Instrumt to be his Act & Deed Anthony Stoddard Jus Paes
A true Copy of the Original Reed July 20. 1731 Attest Jos : Moody Regt
[165] This Indenture made the Twenty Fifth Day of March Anno Domini One Thousand Seven Hlun- To dred & Thirty One & in the Fourth Year of the Charles Frost Reign of our Sovereign Lord King George the Second over great Britain &e Between the Pro- prietors of a certain tract of Land of the Contents of Eight miles Square appointed by Majr William Phillips heretofore of Saco in the County of York & Province of the Massachu- setts Bay in New England Gent (Deed) to be laid out for a Township seitnate lying And being on the Western Side of Kenebunk River adjovning to the Indian Head of the Town- ship of Wells in the County & Province aforesaid of the One Part & Charles ffrost of Kittery in the County of York and Province aforesaid Gent on the other Part whereas the sª William Phillips in his Lifetime by a good Deed under
489
BOOK XVI, FOL. 165.
his Hand & Seal bearing Date the Fifteenth Day of June Anno Domini 1676 for the Consideration therein mentioned did fully and absolutely give grant sell & confirm unto Robert Lord & Rebecca his Wife Two Thousand Acres of the above said Traet of Land to his Sons Samuel. Phillips William Phillips and his Daughters Mary Martha Elisabeth & Sarah & to Zechariah Gillam Peleg Sanford Esborn San- ford Elisha Sanford Eliphal Stretton John Joyliff John Woodmansey Elisha Hutchinson Theodore Atkinson JJohn Sanford & William Hutson to each of them One Thousand Acres of the aforesd Traet of Land to be taken up in the most convenient Place for the Setling a Town & in order to that Way of Improvement every One of the Persons afores4 their Heirs Execrs Admin's or Assigns to have proportional Parts for House Lotts Wood Land & Meadow Land but none to take up their Parts or Portions thereby granted or sold with- out the Consent of the Proprietors or the Mjr Part of them that so the Intent of Settling a Town may not be frustrated all which aforest Grants being Summed up amounts to Nine- teen Thousand Acres of Land which is near the One Half of the sa Eight Miles Square appointed by the said William Phillips to be laid out for a Township in & by the aforesd Deed whereby it appears that the sd William Phillips pur- chased the said Tract of Land of an Indian Sagamore com- only called and known by the Name of Fluellin formerly the true Indian Proprietor Owner & Possessor thereof & that the said purchase was afterwards confirmed by Ferdinando Gorges Esqt the Heir & Successor of Sr Ferdinando Gorges Knight formerly Lord Proprietor of the whole Province of Mayne alias Yorkshire lately so called by virtue of a Patent under the Great Seal of England from the Kings Most Ex- cellent Majesty as by the aforesaid Deed from the said Wil- liam Phillips Recorded in the third Book of Records for the said County of York on the Thirtyeth Day of August 1676. Relation thereto or to the Record thereof being had will more fully and at large appear and whereas at a meeting of the Proprietors of the aforesd Tract of Land at the Royal Ex- change Tavern in Boston aforest on Tuesday the Twenty Fourth Day of June Anno Domini One Thousand Seven Hundred & Twenty Nine the said Proprietors made Choice of JJohn Wheelwright of Wells Esqr Jeremiah Moulton of York Esqr & John JJones of Hopkinton Gentleman to be a Committee to lay out to the Heirs or Assigns of the Donees or Grantees named in the sa Deed the sª Nineteen thousand Acres of Land together in the most convenient Place for Setling a Town according to the true Intent & meaning of
490
BOOK XIV, FOL. 166.
the sª Deed & whereas the sª Committee made their Report to the Proprietors of the said Traet of Land at their meeting at the Royal Exchange Tavern in Boston aforesaid on Tues- day the Twenty Seventh Day of January 1729 that they had laid out Nineteen thousand Acres of Land in the most Convenient Place for making a Township beginning on the Easterly side of the Mousam River & so running on a North- west Point Five Miles & three Quarters to a Poplar Tree marked on the North East of a great Hill & then running South West Five Miles & a Quarter to a great Hemlock Tree Marked & then running South East down to a Pine Tree marked on the Westerly Side of Maryland Marshes & then running on a North East Point on Wells Line to Mousam River to an Ehm Tree marked where they First began Which Report was accepted by the so Proprietors who Unani- mously Voted at the sa Meeting ( Among other Things) that the sa ,Jeremiah Moulton Esqr & John JJones with Charles Frost Gent be a Committee to lay out Convenient lligh Ways through the sª Nineteen Thousand Acres of Land & also to lay out Forty Hundred Acres theroof including con- venient Quantitys of Meadow into Forty Shares in manner following viz Fifty Acres of Homelott and Fifty Acres back not exceeding Five Aeres of Meadow to each Hundred Acres which is to be reckoned a Single Share & that the sd Forty Ilundred Aeres be granted to Forty Able Bodied Men viz : One Hundred Aeres to each of them & their Heirs & As- signs forever Provided they each of them Build a House up- on their Several & Respective Homelotts at least Eighteen Foot long Sixteen Feet wide & Seven Feet Stud & break up & Fence in Four Acres of Land within three years & live upon & Improve the sº Lands the full Term of Ten Years the Donees Lots to be laid out according to the Best disere- tion of the Committee as near together as may be that so the Setlers may the better defend themselves from the In- dians in Case of War & whereas afterwards at a Meeting of the sª Proprietors at the Royal Exchange Tavern in Boston aforest on the Twenty Seventh Day of October last Past the said Proprietors Unamiously Voted that Samuel Tyley of sd Boston Gent Clerk [166] of the Society be Impowred in the Name & by the order of the Proprietors to give proper Deeds to such Persons as shall agree to Setle on the sd For- ty Ilome Lotts on the conditions Mentioned in the aforesd Votes of the Proprietors passed the Twenty Seventh of January 1729, with this further Provision that if all or any of the Setlers should be driven or forced of from their Re- spective Lotts by the Indians (in Case of a War) before the
491
BOOK XIV, FOL. 166.
sª Setlers have lived Ten Years upon their Lots then & in that Case they shall enjoy the same in Case they return to & within Twelve Months after a Peace is concluded shall setle on their Lotts & fulfill the Remaining Part of the sd Term according to the Intent of their Grant the Time necessarily lost by the Indian War to be reckoned no breach of the con- dition of their Deeds anything contained in the former Vote to the contrary notwithstanding all which will more fully & at large appear by the Proprietors Book of Records now in the Hands of their Clerk & whereas the s' Committee Pursuant to the aforesd Vote of the Proprietors have laid out the sd Forty Hundred Acres of Land viz Fifty Acres of Home Lott & Fifty Aeres Back with convenient Quantitys of Meadow to each Single Share which Lotts are Numbered in the Plan taken thereof by the sª Committee & delivered to the sª Proprietors Clerk & the before named Charles Frost hath accepted of & taken a Fifty Acre Home Lott Number One & also a Lott Number Fourteen containing Fifty Aeres Back upon the conditions mentioned in the afores Votes Now this Indenture Witnesseth that the sd Proprietors in Conformity to their Votes afore mentioned in Consideration of Ten Shillings paid to their Clerk for this Deed have given granted aliened enfeofed & confirmed & by these Presents do give grant aliene enfeofe & confirm unto the said Charles ffrost the aforesª Homelot Number One & out Lot Number Fourteen with the Woods Under- woods Trees Profits Priviledges and Appurces thereunto be- longing & the Reversions & Remainders thereof To Have & to Hold the sa given & granted Lotts of Land with the Ap- purees unto the s4 Charles Frost his Heirs & Assigns from hence forth & forever under & subject to the Provisoes & conditions mentioned in the sd Recited Votes but if he or they fail in pforming the conditions before mentioned on his Part to be pformed then the s' Lotts of Land to Revert to the Proprietors & their Heirs forever as in their former Es- tate any Thing before written to the contrary Notwithstand- ing & the said Charles Frost for himself his Heirs Excers & Admin's doth hereby covent Promise & agree to & with the sd Proprietors to Build a dwelling House upon the $4 Home Lott Number -- - -- of at least the Dimentions aforosd & break up & Fence in Four Acres of the s' Land within Three Years & live upon & Improve the same the full Term of Ten Years according to the true Intent & meaning of the aforerecited Votes & Grant In Witness whereof the said Parties to these Presents have hereunto Interchangeably set
. Book XIV 32
492
BOOK XIV, FOL. 166.
their Hands & Seals the Day & Year first herein before Written in the Name & by order of the said Proprietors
Samuel Tyley Clerk (Seal)
Signed Sealed & Deliva in Presence of us Benj Bridge Richª IIubbard
Suffolk se /Boston May the 19th 1731 Mr Samuel Tyley Qualified as aforest appeared before me the Subscriber One of his Majtys Justices of the Peace for the Coun of Suffolk & acknowledged the afore written Instrument to be his Act & Decd -
Anthony Stoddard J Pacis
A true Copy of the Original Reed July 20 1731 Attest Jos : Moody Regt
To all People to whom these Presents shall Come I John Makmelun of Salem in the County of Essex in his
Mc Mcion Majtys Province of the Massachusetts Bay in New England House Carpenter & Sarah my wife & I Skinner Samuel Skinner of sª Salem Shoreman & Margrete To my Wife sendeth Greeting Know that I the said Flint John Makmelun & Sarah his Wife & I the sª Sam- uel Skinner & Margrett his Wife for & in Consid- eration of a Valuable Sum in Province Bills of Credit to us in Hand paid by Thomas Flint of the aforesaid Salem Coun- ty and Province Gentleman before the Sealing & Delivery of these Presents the Receipt whereof we & every of us do acknowledge and our selves therewith fully satisfied and paid have bargained & sold & do by these Presents bargain sell aliene convey and confirm unto him the said Thomas Flint his Heirs & Assigns all our Right Title & Interest in & nn- to all ye Land & Salt Marsh which was our Grandfather Thomas Shaperds late of Casco Bay De( which descends to us by our Mother Bridget Walles Daughter of said Shepard scituate lying & being on North Yarmouth at Caskobay in the County of York To Ilave and to Hold the said granted & bargained Premisses together with all our Right Title & In- terest in & unto any & all all of the common & undivided Lands at said Casco Bay with all the Appurces Priviledges & Con- odities to the same belonging or in any wise appertaining to him the st Thomas Flint his Heirs Excers Admin's and As- signs forever to his & there only proper Use Benefit & Be- hoofe forever and we the said John Makmilun & Sarah my Wife & I the sd Samt Skinner & Margrett my Wife for our selves onr Heirs Excers Admin's do covenant promise & grant to & with the sd Thomas Flint his Heirs and Assigns that before the Ensealing hereof we are the true sole & law-
193
BOOK XIV, FOL. 167.
full Owners of the above bargained Premises & have in our Selves good Right full power & lawfull Authority to grant bargain sell convey and confirm said bargained pinises in in manner as above said and that the said Thomas Flint his Heirs & Assigns shall & may from Time to Time & at all Times forever hereafter by Force & Virtue of these Pres- ents lawfully peaceably & quietly have hold use occupy pos- sess & enjoy the sa demised & bargained pmisses with the Appurces free & clear & freely & clearly acquitted [167] exonerated & discharged of from all and all manner of form- er or other Gifts Grants Bargains Sales Leases Mortgages Wills Entails Joyntures Dowries Judgments Executions In- cumbrances & Extents Furthermore we the abovesª John Makmillan & [Sarah] my Wife & Samuel Skinner & Mar- grett my Wife for our Selves our Heirs Excers Admin's do covenant & engage the above demised pinisses to him the said Thomas Flint his Heirs & Assigns against the lawfull claims or demands of any Person or Persons whatsoever lay- ing Claim thereto from by or under us & in Testimony to all the above we have hereunto affixed our Hands & Seals the Twenty Sixth Day of June 1731 & in the Fifth Year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France & Ireland King de- fender the Faith The Word [Sarah] was enterlined before Signing & Scaling of this Deed
John Mackmallin (Seal) Sarah Makmillun her mark X (Seal ) Samuel Sknor (Seal ) Margret Skinner her Mark X (Seal )
Signed Sealed & Delivered in Presence of us James Hoop- er Benja Gray
Essex ss/Salem July 12. 1731 Then John Mackmallion & Sarah Mackmallion & Margret Skiner psonally appear- ing Severally acknowledged the within Instrument to be their Free & Voluntary Act & Deed
Coram Ben: Lynde JJun' J : Pacis
A true Copy of the Original Reed July 21 1731 Attest Jos: Moody Regt
Know all Men by these psents that I John Chapman of Kittery in the County of York & Province of the
Chapman Massachusetts Bay in New England Yeoman for
To & in Consideration of One Hundred Pounds in
Westbrook Money to me in Hand paid before the enscaling hereof by Thomas Westbrook of Falmouth in the Province and County aforest Esq' the Receipt whereof I do
494
Book XIV, FOL. 167.
hereby acknowledge & my self therewith fully satisfied & contented Have given granted sold conveyed & confirmed and by these Presents do freely fully & absolutely sell con- vey & confirm unto the sa Thomas Westbrook his Heirs and Assigns forever all my Right Title & Interest of in & unto One Eighth Part of the Priviledge in Stroude Water Stream & Falls lying & being in Falmouth aforesd together with the Lands allowed for the accomodation of the Mills which may be Built or are already Built on sd Falls also Thirty Aeres of Land or One Half of Sixty Acres of Land granted to my Father in Law John Ingersoll by the Town of Falmouth & confirmed by the General Court held at Boston Octobr 13 : 1680 together with all the Liberty I have of cutting all such Timber as may be brought down conveniently on the Stream abovesd as by a grant made to my Father in Law John In- gersoll above mentioned by President Danford in the Year of our Lord 1681/2 Reference whereto being had may more fully appear To Have & To Hold the sa granted Priviledge or Premises with all the Appurees & comodities to the same belonging to him the st Thomas Westbrook his Heirs & As- signs forever. Furthermore I the said John Chapman for my self my Heirs Exeers & Admin's do covent & engage the above demised pmisses to him the said Thomas Westbrook his Heirs and Assigns against the lawfull Claims or De- mands of any Person or Persons whatsoever forever hereafter to warrant secure and Defend In Witness whereof I have hereunto set my Hand & Seal the Sixteenth Day of June Anno Dom 1731 & in the Fifth Year of his Majtys Reign Memorandum that notwithstanding the said JJohn Chapman has warranted above Bill of Sale to sd Westbrook it is to be understood that he does it no further then the grant of the President of the Province of Main wu bear
John Chapman (Seal)
Signed Sealed & Deliva in the psence of us Stephen Jones Thos Jonxson
York ss /June 16th 1731 Then John Chapman appeared and acknowledged the above Instrument to be his free Act & Deed Cor Joshua Moody Just Pacis
A true Copy of y" Original Reed July 22 1731 Attest Jos : Moody Reg
495
BOOK XIV, FOL. 168.
To all People to whom these psents shall come John Hig- ginson of Salem in the County of Essex Gent
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