Deed from Anthony Ashby and John Carman to Robert Simmons
Transcribed by Patrick R. Webb of San Jose, CA.
Abstract: Deed from Anthony Ashby of Fishkill and John Carman of City of New York Execr’s of the last will and testament of Benjamin Snyder late of Fishkill to Robert Simmons of Fishkill, for NY$590, slightly more than 1.5 acres in Fishkill, dated 17 May 1811, not recorded until 29 Sept. 1830, Dutchess Co. Deed Book 45:302-304, viewed and transcribed from FHL microfilm 565041 by Patrick R. Webb of San Jose, CA.
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This Indenture made the seventeenth day of May in the year of our Lord one thousand eight hundred and eleven Between Anthony Ashby of Fishkill town Dutchess County Farmer and John Carman of the City and County of New York Gentleman Executors of the last Will and testament of Benjamin Snyder late of Fishkill town county of Dutchess Farmer deceased of the first part and Robert Simmons of said township of Fishkill and county of Dutchess Farmer of the second part. Whereas the said Benjamin Snyder in his life time and at the time of his death was seized in fee simple among other real estate of a certain tract piece and parcel of ground situate in the said township of Fishkill and county aforesaid herein after particularly described. And whereas the said Benjamin Snyder did in and by his said last Will and testament bearing date the thirtieth day of July in the year of our Lord one thousand seven hundred and ninety eight nominate and appoint the said Anthony Ashby and John Carman executors of his said last will and testament and did therein and thereby direct that his wife Mary Snyder should have the quiet and peaceable possession of all his real estate during her life and at the decease of his said wife did direct that the real estate should be should by his said executors at their discretion. And whereas the said Mary Snyder late widow of the said Benjamin Snyder and on whom the said life estate depended hath since departed this life And whereas the said Benjamin Snyder soon after making executing and publishing the said will departed this life without altering or revoking the same as by the said will remaining in the office of the Surrogate of the County of Dutchess relation being thereunto had may more fully and at large appear. And whereas the said Anthony Ashby and John Carman did take upon themselves the execution of the said will of the said Benjamin Snyder Now therefore this Indenture Witnesseth that the said Anthony Ashby and John Carman Executors as aforesaid in virtue of the power and authority to them granted by the before in part reated[?] last Will and testament and for and in consideration of the sum of Five hundred and Ninety dollars current money of the State of New York to them in hand paid by the said Robert [end p.302] Simmons at and immediately before the ensealing and delivery of these presents the receipt whereof is hereby [?] Have Granted Bargained and sold Aliened released enfeoffed and confirmed and by these presents do Grant Bargain and sell alien release enfeoff and confirm unto the said Robert Simmons and to his heirs and assigns All that certain piece of land situate lying and being in Fishkill township on the south side of the Fishkill Creek and on the north side of the Highlands butted and bounded as follows beginning at a certain stone lying or standing in the ground it being the easternmost corner of the farm of Gideon Baxter running from thence due west eight chains twenty five links thence north sixty degrees east eight chains twelve links, thence south seventeen degrees east four chains twenty links to the place of beginning. Containing one acre two roods and twenty four perches more or less Together with all and singular the ways passages easements profits commodities rights members hereditements and appurtenances whatsoever to the said mess[?]ages on thereunto tract of ground and premises belonging or in any wise appertaining and to every part and parcel thereof. And the reversion and reversions remainder and remainders rents issues and profits thereof belonging or in any wise appertaining and every part and parcel thereof with their and every of their appurtenances. And all the estate right title property claim and demand whatsoever both in law and equity of him the said Benjamin Snyder at the time of his death and of them the said Anthony Ashby and John Carman executors as aforesaid of the said Benjamin Snyder since his death, and since the death of the said Mary Snyder his said wife of in and to the said tract of ground and premises and every part and parcel thereof with their and every of their appurtenances. To have and to hold the said tract of ground and premises and every part and parcel thereof with their and every of their appurtenances unto the said Robert Simmons his heirs and assigns to the only proper use benefit and behoof of the said Robert Simmons his heirs and assigns forever. And the said Anthony Ashby and John Carman for themselves their heirs executors and administrators and each for himself his heirs executors and administrators doth hereby covenant and agree with the said Robert Simmons his heirs and assigns that the said tract of ground and premises and every part and parcel thereof with the appurtenances now are and forever hereafter shall be remain and continue free and clear of and from all former and other estates titles charges and incumbrances whatsoever had made done and suffered or caused to be had made done and suffered by the said Anthony Ashby and John Carman as executors as aforesaid or any other person or persons lawfully claiming or to claim by power[?] or under them as executors as aforesaid. And also that the said Robert Simmons and his heirs and assigns shall and may from time to time and at all times hereafter personally quietly and without molestation have hold occupy possess and enjoy the said tract of ground and premises and every part thereof with the appurtenances without the let suit[?] trouble hindrance or disturbance of them the said Anthony Ashby and John Carman or either of them as executors as aforesaid or any other person or persons whomsoever lawfully claiming the said tract of ground and premises or any part of parcel thereof with the appurtenances by from or under them as executors as aforesaid 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 [Signatures of Anthony Ashby and John Carman]
The word east on the 32d and part of the word Ashby in the 53? Line written are erasures before execution thereof [Signatures of Cornelius Bogert James Campbell]
Received on the day and year within mentioned the consideration money within expressed [Signatures of Anthony Ashby and John Carman] witness [Signatures of Cornelius Bogert and James Campbell, end of p.303]
State of New York ss: On the 7th day of May 1811 appeared before me Anthony Ashby and John Carman proved to my satisfaction to be the same persons described in and who executed the within deed, by the oath of Cornelius Bogert of the City of New York who swore before me that they were such persons. They severally acknowledged before me that they executed the same. There being no erasures or interlineations, I do allow the same to be recorded [Signature of James Campbell Master in chg[?]]
Recorded the preceeding deed September twenty ninth A. D. one thousand eight hundred and thirty at fifteen minutes P.M. -- [Signature of Henry P Traver[?] Clerk]