Indenture between William Duer and Hugh Peebles

Archive

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Historic Hudson Valley

Name/Title

Indenture between William Duer and Hugh Peebles

Entry/Object ID

HHV 007.1

Context

*Original spelling retained throughout work; content appears exactly as written.* [PAGE 1] This Indenture made the Twenty night day of / September in the year of our Lord One thousand seven hundred / eight between William Duer of the City of New York / in the State of New York Gentleman of the one part and Hugh / Peebles of the district of Argyle in the County of Washington in / the said State Gentleman of the other part Witnesseth that for / and in Consideration of the rents reservations covenants and / agreements herein after expressed and contained on the part of / the said Hugh his executors administrators or assigns to be paid / done and performed. The said William hath granted demised / set and to Farm let unto the said Hugh his executors admin - / =istrators or assigns the Grist Mill Saw Mill Store House & / dwelling House and all the buildings and edifices with the / utensils apparatus members Heriditiments and appurtenances / to the same belonging or appertaining of him the said William / Duer Situate near the Falls of Fort Miller in the said district / of Argyle in the said County of Washington (except the / mansion House of him the said William Situate near the / said Fall of Fort Miller in the said district in the said county / of Washington) together with a quantity of Land of him the / said William adjoining the said Mills and Store House / buildings and edicfices and also together with two lots of / ground of him the said William Situate near the Stony / Kill in the said district of Argyle in the said County of / Washington and the heriditaments and appurtenances to / the same belonging or appertaining which said quantity / of Land and Two lots of ground comprehend in the whole / thirty five acres of Land to have and to hold the said / Grist Mill Saw Mill Store House and dwelling House / buildings and edifices (except the Mansion House before / mentioned) with the utensils apparatus members heridita - / =ments and appertanences to the same belonging on / appertaning [END OF PAGE 1] [PAGE 2] appertaining together with the said quantity of Land and / two lots of ground above particularly mentioned and the / heriditaments and appurtenances to the same belong ing or / or appertaining Unto the said Hugh his Executors adminis= / =trators or assigns from the fifteenth day of October _ next / ensuing this date for and during the full end and term / of two years from thence next ensuing and fully to be / complete and ended yielding and paying therefor yearly / and every year during the said term until the said William / his executors administrators or assigns in the said City of / New York the rents or sum of seven hundred and fifty spanish / milled dollars that is to say the rent of sum of seven hundred / and fifty [inserted: spanish milled] dollars upon the fifteenth day of October in the year of / our lord one Thousand seven hundred and eighty nine and / the further rent or sum of seven hundred and fifty spanish / milled dollars upon the fifteenth day of October _ which will / be in the year of our lord one thousand seven hundred and / ninety, or the real true and full Value of the said several / sums of seven hundred and fifty spanish milled dollars / in the current money of the said State of New York so that / the said William Duer his executors administrators or / Assigns may not suffer or sustain any lofs by reason of / any depreciation of the said current money or of any / difference in Value between the aid Hugh Peebles for / himself his executors administrators or assigns doth / hereby Covenant and agree to and with the said William / his executors administrators or assigns in manner following / to wit that he the said High his executors administrators / or Assigns shall and will well and truly pay or cause to / be paid unto the said William his executors administrators / or assigns in the said City of New York the said several / rents of sums of seven hundred and fifty spanish milled / [END OF PAGE 2] [PAGE 3] spanish milled dollars or the Value therof [sic] in current money as / above particularly mentioned on the said several days herein / before mentioned and appointed for payment of the same / according to the several reservations thereof as aforesaid and / the true intent of these presents And also that he the said / Hugh his executors administrators or assigns shall and / will from time to time and at all times during the said / term sustain uphold maintain and keep the said Grist Mill / and Saw Mill Store House buildings and edifices hereby / demised or intended to be demised together with the Utensils / apparatus members heriditaments and appurtenances to the / same respectively belonging or appertaining. In the same / state and condition of repair in which the same Grist Mill / Saw Mill and Store House buildings and edifices and the / Utensils apparatus members heriditaments and appurtenances / to the same belonging or appertaining, Shall actually be found / to be at the time the said Hugh shall enter upon and take / possession of the said Grist Mill Saw Mill + Store House buildings / and edifices and the Utensils and apparatus members hered= / =itaments and appurtenances to the same belonging or apper = / =taining by Virtue of this demise the Casualties of Wind / Water and the common Ware and decay always excepted / and in order to ascertain with precision the state and / condition of repair in which the said Grist Mill Saw Mill / and Store House buildings edifices and the Utensials apparatus / members heriditaments and appurtenances to the same / belonging or appertaining, shall be at the time the said / Hugh shall enter upon and take possession of the same by Virtue / of this demise. It is covenanted and agreed by and between / the said Hugh and the said William severally, and their / several executors administrators or assigns that an / Inspection of the said Grist Mill Saw Mill and Store House / building [END OF PAGE 3] [PAGE 4] Buildings and edifices and the utensils apparatus members / heriditaments and appurtenances to the same belonging or / appertaining, shall be made (before the said Hugh shall enter / upon and take possession of the same by Virtue of this demise) / by two indifferent persons the one to be chosen by the said Hugh / his executors administrators or assigns and the other to be chosen / by the said William his executors administrators or assigns which / inspectors so chosen shall after inspecting the State and condition / of repairs in which the said Grist Mill Say Mill Store House / buildings and edifices and the utensils apparatus members / heriditaments and appurtenances to the same belonging / or appertaining; shall be at the time the said High his / executors administrators or assigns shall enter upon and take / possession of the same as aforesaid, Make and deliver to the / said Hugh and the said William severally and to their / several executors administrators or afsigns a report in / writing of such their Inspection, and subscribe the same / report with their names respectively, on which report the / said Grist Mill Saw Mill respectively and the utensils / apparatus members heriditaments or appurtenances to the / same belonging or appertaining and the then state and / condition thereof and also the then state and condition of the / said Store House and also the number of the other edifices / and buildings hereby demised or intended so to be and the / then state and condition thereof respectively shall be particu - / =larly mentioned and described And further that the said / report so made in writing shall hereafter be considered as / the rule for ascertaining the state and condition of the said / Grist Mill and Saw Mill respectively and the number / State and condition of the utensils apparatus members / heriditatments and appurtenances to the same respectively / belonging on appertainging And also the sate and condition of the said Store House and also the number / state and condition of the other buildings and edifice / hereby demised or intended so to be in case of any / future difference or misunderstanding between the said / [END OF PAGE 4] [PAGE 5] Hugh and William or their several executors administrators / or assigns respecting the same, And further that the said / Hugh his executors administrators or assigns shall from time / to time and at all times during the said term saw for the / said William his executors administrators or assigns all the / Logs which the said William his executors administrators or / assigns may receive for outstanding Debts now due to the said William / at and after the rate of one equal half part of the boards & planks / which shall be produced from the said Logs, which allowance shall / be and is hereby declared to bein full Satisfaction of all charges / of labour maintenance and every other kind of expence for sawing / the said logs And further that the boards and plans so sawed / shall always be divided by two indifferent persons the one to be / choses by the said High his executors administrators or / assigns and the other to be chosen by the said WIlliam his / executors administrators or assigns to the end that a fair & / equal division thereof both in quantity and quality may be / made And further that the said boards + plank so sawed / shall be delivered by the said Hugh his executors administrat= / =tors or assigns properly piled to the said William his executors / administrators or assigns or to his or their order at the said / Saw Mill hereby demised or intended so to be And further / that the said William his executors administrators or Assigns / shall always bring or cause to be brought all the logs which / he or they may received for Outstanding debts as aforesaid to / the said Saw Mill hereby demised or intended so the be, so / that the said Hugh his executors administrators or assigns / may not sustain or be put to any labour trouble charges / or expences whatsoever in bringing or causing to be brought / the said logs to the said Mill Provided always nevertheless / and these presents are upon this express condition and it is / the true intent and meaning of these presents that if it shall / happen that if the said yearly rent of seven hundred and / fifty [END OF PAGE 5] [PAGE 6] Fifty spanish milled dollars or the value thereof in current / money as aforesaid herein before reserved shall be behind and / unpaid in part or in all by the space of Thirty days next / after the said fifteenth day of October _ in the year of our lord / One thousand seven hundred and eighty nine on which the / same ought to be paid as aforesaid (being lawfully demanded) / according to the reservation thereof in manner aforesaid that / then and in such case it shall and may be lawful to and / for the said William his Heirs or assigns at any time thereafter / into and upon the said hereby demised premises or any part / thereof in the name of the whole to re-enter and the same and / every part thereof to have again re-possess and enjoy as in his / former Estate an things herein contained to the contrary not with= / =standing in any wise And the said Hugh for himself his / executors administrators or assigns doth further covenant and / agree to and with the said William his executors adminsitr= / =ators or Assigns that if the said William his Heirs or Assigns / should after such re-entry as aforesaid demise and let the said / First Mill Saw Mill Store House buildings and edifices and / the utensils apparatus members heriditaments and appurtenances / to the same belonging or appertaining together with the land / and two lots of ground hereby demised or intended so to / be during the remainder of the said terms for a less / rent than is hereby reserved and appointed to the paid as / before mentioned then and in such case the said Hugh his / executors administrators or assigns shall upon demand being / lawfully made for the same pay satisfy and make / good to the said William his executors administrators or / assigns all such damages and loses as he or they may / sustain or be out to by reason of such demise of the remain= / =der of the said term as before stated for a less rent then is / hereby reserved and appointed to be paid as aforesaid / [END OF PAGE 6] [PAGE 7] And further that he the said William Hugh his executors / administrators and Assigns shall and will at the end and expiration of the term hereby demised peaceably and quietly / leave surrender and yield up unto the said William or his / Assigns all and singular the said premises hereby demised / or intended so to be in the same state and condition of / repair in which the same shall be actually found to be / at the time the said Hugh his executors administrators / or assigns shall by virtue of this demise enter upon and / take possession of the same The Casualties of Wind Water / and the common ware and decay always excepted and / the said William for himself his Heirs and assigns doth / further covenant and agree to and with the said Hugh his / executors administrators or assigns that he the said High his / executors administrators or assigns (paying the said rent of / seven hundred and fifty spanish milled Dollars or the Value / thereof in current money aforesaid on the respective / periods as stipulated in this agreement ___________________________________________ / In manner and according to the reservation thereof as aforesaid and / also performing fulfilling and keeping all and every they Covenants / and agreements herein and hereby mentioned and contained / on his and their parts to be paind performed fulfilled and kept / according to the true intent and meaning of their presents) / Shall and may lawfully peacebaly and quietly have hold / occupy possess and enjoy all and singular the premises hereby / demised or intended so to be (except as above excepted) for an / during the said term of Two Year hereby demised without / any let suit Trouble eviction hindrance interruption or any / disturbance whatsoever of or by the said William or any / other person or persons whomsoever lawfully claiming or to / claim by from or under him or by or with his consent privity / [END OF PAGE7] [PAGE 8] Privity __ means or procurement In Witness whereof the / Parties to these presents have hereunto Interchangeably set / their hands and seals the day and year first above written / Sealed and delivered }In the presence of } Vincent Mathews Wm. DuerThomas Hicks____________ Hugh Peebles 1789 November 18th. Received from MY. Hugh Peebles by the hands of / Mifs.’ Glen + Bleekers Three HUndred Pounds being for one / Years rent due the 15th. Octo. last as pr. The within Lease, a Receipt / of this Tenor + date endorsed on the Lease in the possession of / [Corn.’] Ray by _____ [Corn’s.] RayAssignee to the EstateOf John DeWint [DeMint?] [TITLED] William Duer ToHugh Peebles Lease [END OF DOCUMENT]

Collection

Duer Manuscript Collection

Archive Items Details

Title

Indenture between William Duer and Hugh Peebles

Description

Legal document pertaining to land transaction

Date(s) of Creation

Nov 8, 1789

Search Terms

Grist Mill, Saw Mill, Store House, Mansion house, utensils, apparatus, hereditaments, apparatus, lawyer, indenture, district, state gentleman, Stony Kill, two lots of land, Spanish milled dollars, rents, utensils, executors, administrators, logs, debts, labor maintenance, labour, yearly rent, seven hundred and fifty fifty Spanish milled dollars, eviction, dollars, value, New York, Washington County

Other Names and Numbers

Other Numbers

Number Type

Former Number

Other Number

W 3100 a-e

Number Type

Former Number

Other Number

D 3100 a-e

General Notes

Note Type

Curatorial Remarks

Note

Tied together with pink ribbon.

Note Type

Department

Note

Library