Transcription
CATALOG NUMBER HHV 002.163
OBJECT NAME Indenture
DATE December 13, 1737
AUTHOR Henry Beekman & Gerturyd Beekman
RECIPIENT Joseph Purdy
MEDIUM Paper, ink
PEOPLE Obadiah Purdy, Joseph Purdy, Abraham Purdy, Elvin Purdy,
James Smith, Solomon Lane, Joseph Lane, Jonathan Purdy,
PLACES Dutchess County, New York,
KEYWORDS Indenture for farm, lady day, rent of “couple of live hens”,
This Indenture made the Thirteenth Day of Decemb’r in the Eleventh Year of the Reign of Our Sovereign Lord George the Second — by / BETWEEN Henry Beekman of Dutches County & province of Newyork Esq’r & Gertruyd his Wife of the firft part, and / Joseph Purdy of the second part, WITNESSETH, That / the party aforesaid of the firft part Doe for and in Confideration of the Rents and Covenants hereinafter mentioned, which on the Part and Behalf of the Party aforesaid of the second Part, and to be paid, done, ob- / ferved, performed, fulfilled and kept. Ha Ve granted, bargained, enfcoffed, demifed, fet, and Farm let, and by thefe Prefents DO e grant, bargain, enfcoff, demife, fet and to Farm let unto the Party aforesaid of the / fecond Part, their Executors, Adminiftrators and Affigns, ALL THAT certain Farm of Land, Fcituate, lying and being in [yearly ??] Westchester County [^ aforesaid], butted, bounded, defcribed as follows, viz. [Situating] / Lying and being in the Manor of Cortland & [^ York Town in Westchester County ?? & ?] Describ’d in the Generall [C-?? of ] [M??] : thereof in Lott three ?? [^ hereby are] Call’d [Gertrude’s??] Borrough / bring by Division Among the Heirs of Col’o Stephen Van Cortland Deceas’d the Allotment of Gertruyd one of his [^ the] Daughters [^ late] Wife of / Henry Beekman [^ deceas’d] parties to thefe prefents beginning on the South Side of the Road leading between this farm & that of [^ now or late] Joseph Lane: / thence Southward to the Exstant, through the Middle of the said Lott. No. Three which Line Also parts this Farm from [^ the one now or late] that of / of Jonathan Purdy - leaving the Same for the Westward as the Farm hereby Intended to be granted Lyes Eastward —-------
= Continuing one Hundred and fifty [^ six] Acres and three fourth of An Acre —----
TOGETHER with all and fingular the Woods, Under-woods, Trees, Ways, Paffages, Waters, Water Courfes, Profits, Feedings, Commodities, and Appurtenances whatsoever to the / said Farm, Land and Premifes, with the Appurtenaces, belonging, or in any Wife appertaining. SAVEING, RESERVING AND EXCEPTING ALWAYS, to the party aforesaid, of the firft part / Their Heirs and Affigns, all Mines, Minerals, and Oars within the above demifed Premiffes with free Ingrefs and Regrefs there unto, and with Power to fearch for, dig and turn up the Ground, and to carry / off or Manufacture the Oar thereon. With Power to rect Mills, Dams and other Erections and Buildings poper for Stamping, Melting, or otherwife manufacturing and preferving the Oars within the demifed Pre - / miffes Together with necessary Timber, Fore-wood, Stone, and all other Materials, to be found upon the Premiffes, that may be useful for the Purpofes aforesaid. BUT it is hereby PROVIDED That for / the full Proportion, or as many Acres of Land, as fhall by encumbered rendred ufelefs, to the Party aforesaid of the fecond part their Executors, Adminftrators or Affigns, by fuch Erecting, Building, Digging / and Turning up the Ground, Ingrefs and Egrefs, there fhall be fo much deducted and defalked, out of the yearly Rent hereby referred, as is in Proportion, to the Acres of the whole Farm aforesaid, during the Time / that it is so encumbred and rendred ufelefs. TO HAVE AND TO HOLD, the Farm, Land and Premiffes, herein before demifed, with their and every of the Appurtenances, (SAVING< RESERVING / AND EXCEPTING AS AFORESAID) unto the party aforesaid of the fecond part their Executors, Adminiftrators, and Affigns, for and during the Term of the Lives of Joseph Purdy & his brothers Abraham Purdy also Nathan Purdy the son of Obadiah Purdy —----
And of the Life of the longeft Liver of them, OR, until the full End and Term of Twenty One Years; from the Day before the Day of the Date of thefe prevents, OR until the full End of the said Term for / Life or Years which fhall laft happen. TO the proper Ufe, Benefit and Behoof, of the party aforesaid of the fecond part h Executors, Adminiftrators, and Affigns, during the longeft of the Terms aforesaid, YEILD - / ING AND PAYING therefore yearly, during the Term of [foure?] years, to Commence from the Day before the Day of the Date hereof, unto the party s aforesaid of the firft part, their Heirs and / Affigns the yearly rent of one couple of live Hens — on the Feaft Day of the Annunciation Commonly called Lady Day
AND ALSO YIELDING RENDRING AND PERFORMING to the Party aforesaid of the firft Part, their Heirs and Affigns, one Days Work, yearly, with a Waggon, Sled, or Plow, and an able / Man to drive, with Horses and Oxen, to perform as in such Case is reafonable; and that in fuch Manner, and at fuch Time, and Place, yearly, within Seven Miles of the demifes Premiffes / as the party aforesaid of the firft part, their Heirs of Affigns, NOT ONLY the faid one couple of fat live Hens —--- and the faid Days Work, to be performed as aforesaid / BUT ALSO an additional yearly Rent of three pounds Current money as of the Collony of New York
For every Acre the faid Farm, land and Premiffes, by thefe prevents demifed; and that upon the fifth Day of May / yearly at such Convenient place in said County & Manner as the said Henry: Beekman & Gertruyd their Heirs shall shall appoint / PROVIDED ALWAYS and thefe prefents are upon this CONDITION; that, if the faid yearly Rent of one Couple of fat live Hens + or the additional yearly Rent of / three pounds Current money aforesaid
For every Acre of the demifed Premiffes, or the One Days Work, with Waggon, Sled or Plough, as aforesaid, or any part thereof, fhall be behind and unpaid, or unperformed, in part or in all, by / the Space of Twenty Days next after any of the Days appointed, or to to be appointed as aforesaid, for rendring, paying or performing the fame as aforesaid, OR if the party aforesaid of the fecond part, or any of / them do not take Pofsefsion or [page folded, illegible] improve the Farm aforesaid, within Six Months after the Date hereof; OR if they or any of their Executors, Adminiftrators, and Affigns fhall leave the Poffe - / [page folded, illegible] …. OR if the party aforesaid of the fecond part Executors, Adminftrators, and affigns, fhall not obferve, keep and perform, the feveral /
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[page torn, first line illegible]...
Articles, Covenants, Agree-[page torn] in thefe prefents particularly expreffed, on —-- their part, to be o-[page torn]-ved, kept and performed, THAT THEN, and in any or either of their Cafes, thefe prefents, and / the Estate by theffe prefents granted or intended to be granted, are to tbe VOID DETERMINE AND CEASE, and thereupon it fhall and may be Lawful, to and for the party aforesaid of the firft part / their Heirs and Affigns, into the faid Farm, Land and Premiffes, or in any Part thereof, in the Name of the whole, to RE-ENTER and the fame to have again, RETAIN REPOSSESS AND ENJOY, / as in their firft and former Eftate, any Thing in thefe prefents contained, to the contrary thereof, notwithstanding. AND it is mutually COVENANTED and agreed between the part - / tys aforesaid and their Heirs, Executors, Adminftrators, and Affsigns, That from Time to Time, when and fo often as the said yearly Rent, or any Part thereof fhall be behind and unpaid, in part or in all, by the / fpace of Twenty Days, next after the Days and Times above appointed, for the Payment thereof, it fhall and may be Lawful, to and for the party aforesaid of the firft part their Heirs or Affigns, or any of them / into the faid Farm, Land and Premiffes hereby demifed or mentioned to be demifed or any of them, and into every part, or any part or parcel thereof, to ENTER AND DISTREIN and the Diftrefs and Di - / ftreffes, then and there found and taken, to lead, drive, chafe, take or carry away, impound, detain and keep, until the fiad Rents and all Arrearage thereof (if any fhall be) unto the party aforesaid of the firft / part their Heirs and Affigns, the Pre-emption, or Refufal of buying of all such Grains and Corn, as the party aforesaid of the fecond part their Executors, Adminiftrators, and Affigns, fhall keep and preferve for their own Ufe, and which / they or either of them fhall have mind to difpofe of PROVIDED ALWAYS, that the party aforesaid of the firft part their Heirs or Affigns, or fome Perfon or Perfons by him or them, for that / pupofe appointed, be then living or abiding within Twelve Miles of the deifed Premiffes. AND ALSO, it is COVENANTED as aforesaid, that in Cafe the part aforesaid of the second part their Exe- / cutors, Adminiftrators and Affigns, or any of them, fhall at any Time hereafter, be minded and desirous to difoase of the faid Farm, Land and Premiffes herein before demifed or any part thereof, with the Appur - / tenances, the Orchards, Fruit Trees, Stocks and Plans, in Gardens or Nurferies, Dung or dunghills, which are or fhall be deemed parcel of the faid Farm, that then the party aforesaid of the firft part, their / Executors, Adminiftrators and Affigns fhall and will firft offer and give the Pre-emption, Buying or Purchasing, or Refufal of Buying and Purchasing the fame, unto the party aforesaid of the firft part their Heirs / and Affigns, and fhall not, nor will not, fell the fame, but firft have Leave under the Hand and Seal of the party aforesaid of the firft part, Heirs and Affigns, AND fhall and will, from TIme to TIme / and at all Times hereafter, bring and GRIND all fuch Grain, as the party aforesaid of the second part Heirs Executors, Adminiftrators or Affigns, fhall ufe in their Family, at the GRIST MILL of / the party aforesaid of the firft part their Heirs and Affigns, paying the TENTH PART, for the Till of Grinding; which Time of Grinding fhall begin fo foon as the party aforesaid of the firft part their Heirs or / Affigns, and fore very of them refpectively, doth COVENANT, promife and agree, to and with the party aforesaid of the fecond part Heirs, Executors, Adminiftrators and Affigns, and to and with / every of them by thefe Prefents, That if the party aforesaid of the fecond part, Executors, Adminiftrators, Affigns or either of them, fhall within the Term of Years after the Date hereof / PAY unto the part of the firft part Heirs and Affigns, the Sum of
; then, and in the Cafe in Confideration
Of the faid Sum, the party aforesaid of the firft part Heirs Affigns will convey the above demifed Premiffes, to the party of the fecond part Heirs and Affigns, forever, RENDRING / and PAYING yearly to the party aforesaid of the firft part Heirs and Affigns, the yearly Rent of
SAVING AND RESERVING all Mines and Minerals, Neceffaries and Appurtenances for digging, working and preparing the fame as herein before is fet forth / But in cafe the said Sum of
Be not paid Years form the Date hereof, as aforesaid, THEN the above Covenant to convey, is to be VOID, and the Pre- / miffes are to stand demifed as above, for the length of the Term, for which the fame are above demifed IN WITNESS whereof the partys to thefe present Indentures have interchangeably fet their Hands and / Seals the Day and Year firft above written.
Sealed and delivered in
Prefence of
Joseph Smith }
Solomon Lane } Also it is agreed by both parties Above Said before
Sealing & Delivery of these prefents that the Days
Work yearly as above mentioned Shall not be
Accounted for Unlefs it be Demanded or required
by the Parties of the first part —- } Joseph Purdy
BE IT REMEMBERED, That on the Day and Year above Faid, SOLEMN LIVERY AND SEIZIN, of the Premiffes, was given, by the above/ to the above TO HOLD upon the Conditions, and according to the Form of the above Indenture, in the Prefence of us the Subscri - / bers hereunto.
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[LABEL]
Joseph Purddy, now
Abraham purdy —-
Ent’d in LIb’ [?] foll (24)
Sold to Alvin Purdy for
£ 400Transcriber
Kathryn AlexanderLanguage
English
