| liber 48 pp 310 - 312 |
| Mary Wurtz to James Duane Pell |
| This indenture, made the
First Day of April in the year one thousand eight hundred and thirty
seven between Mary Wurtz of the Town of New Paltz County of Ulster and
State of New York of the first part and James ‘D. Pell of the city and
county of New York of the second part. Witnesseth that the said party of the first part for and in consideration of the sum of Eight Thousand Dollars lawful money of the United States of America to her in hand paid by the said party of the second part at or before the ensealing and delivery of these presents the receipt whereof is hereby acknowledged and the said party of the second part his heirs executors and administrators forever released and discharged from the same by these presents hath granted, bargained, sold, aliened, remised, released, conveyed and confirmed and by these presents doth grant, bargain, sell, alien, remise, release, convey and confirm unto the said party of the second part and to his heirs and assigns forever All that equal North half of all that certain farm of Land being the Northerly part of the easterly half of Lotts Number Eleven one of the three mile or River Lots in the North Division of the Pattent of New Paltz. Beginning at the Hudson River in the division line of Lott Number Eleven and Lott Number twelve being the Southeasterly corner of John Beaver’s Lott and runs thence along the said division line North seventy eight degrees west one hundred and sixteen chains more or less to the Northeasterly corner of lands lately in possession of Alexander Youngs thence along a line of old marked trees south seven degrees west nineteen chains fifty links to two stones set up together in a Tamarack Swamp thence south seventy four degrees and fifty minutes east one hundred and sixteen chains to the Hudson River aforesaid thence up along the same as it runs about twenty four chains to the place of beginning containing two hundred and fifty acres be the same more or less excepting and reserving out of the same the site or ground where the barns of Samuel Donalson lately stood and also excepting and reserving to the heirs and assigns of said Donalson a Road to the westerly part of said Farm or Lott. Together with all and singular the tenements hereditaments and appurtenances thereunto belonging or in any wise appertaining and the reversion and reversions, remainder and remainders, rents issues and profits thereof. And also all the estate, right, title, interest, property, possession, claim and demand whatsoever as well in law as in equity of the said party of the first part of in and to the same and every part and parcel thereof with the appurtenances. To have and to hold the above granted, bargained and described premises with the appurtenances unto the said party of the second part, his heirs and assigns, to his and their own proper use, benefit and behoof forever. And the said Mary Wurtz for herself her heirs executors and administrators doth hereby covenant, grant and agree to and with the said party of the second part, his heirs and assigns that the said Mary Wurtz at the time of the sealing and delivery of these presents was lawfully issued in her own right of a good absolute and indefeasible estate of inheritance in fee simple of and in all and singular the above granted, bargained and described premises with the appurtenances and hath good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid. And that the said party of the second part, his heirs and assigns shall and may at all times hereafter peaceably and quietly have, hold, use, occupy, possess and enjoy the above granted premises and every part and parcel thereof, with the appurtenances without any lot, suit, trouble, molestation, eviction or disturbances of the said party of the first part, her heirs or assigns or of any other person or persons lawfully claiming or to claim the same. And that the same now are free, clear, discharged and unencumbered of and from all former and other grants, titles, charges, estates, judgments, taxes, assessments and encumbrances of what nature or kind soever. And also, that the said party of the first part and her heirs and all and every other person or persons whomsoever lawfully or equitably deriving any estate, right, title or interest of in or to the herein before granted premises by, from, under or in trust for her or them, shall and will at any time or times hereafter, upon the reasonable request and at the proper costs and charges in the law of the said party of the second part, his heirs and assigns make do and execute or cause or procure to be made done and executed all and every such further and other lawful and reasonable acts, conveyances and assurances in the law for the better and more effectually vesting and confirming the premises hereby intended to be granted in and to the said party of the second part, his heirs and assigns forever as by the said party of the second part his heirs or assigns or his counsel learned in the law, shall be reasonably devised, advised or required. And the said Mary Wurtz and her heirs the above described and hereby granted and released premises and every part and parcel thereof with the appurtenances unto the said party of the second part, his heirs and assigns against the said party of the first part and her heirs and against all and every person and persons whomsoever lawfully claiming or to claim the same shall and will Warrant and by these presents forever Defend. 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 } the words (August) erased on the second line from the beginning before the execution hereof and also the word ‘six” erased in 2nd line and “third” in first line before execution, the word “fifteen” erased and “sixteen” interlined twice in description before execution Peter R. Daeker } Mary Wurts (seal) M. Schoonmaker } Ulster County } I certify that on the Third day of April
1837 before me came Marius Schoonmaker well known to me who being by me
duly sworn deposed that he resides in Kingston in the county of Ulster,
that he saw Mary Wurts execute the within conveyance that he the said
Marius Schoonmaker subscribed his name thereto as a witness and that he
knew the said Mary Wurts to be the person described in and who executed
said conveyance, the alterations were all noted before acknowledgments. A true record entered the third day of
April 1837 at ½ past 9 o'clock a.m. |
| This is a typed transcription of a photo of a handwritten document on file with the Ulster County Clerk's Office in the Vault Room, Fair and Main Streets, Kingston, New York |
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