Deed from Nathaniel Berry to Robert Simmons
Transcribed by Patrick R. Webb of San Jose, CA.
Abstract: Deed from Nathaniel Berry and Susan his wife of Fishkill to Robert Simmons of Fishkill, for $136.12, roughly 4.5 acres in Beekman. Deed dated 15 January 1824, not recorded until 29 Sept. 1830, Dutchess Co. Deed Book 45:304-305, viewed and transcribed from FHL microfilm 565041 by Patrick R. Webb of San Jose, CA.
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This Indenture made the fifteenth day of January in the year of our Lord one thousand eight hundred and twenty four Between Nathaniel Berry and Susan his wife of the town of Fishkill county of Dutchess and State of New York of the first part and Robert Simmons of the town county and State aforesaid aforementioned of the second part Witnesseth that the said parties of the first part for and in consideration of the sum of one hundred & thirty six dollars & twelve cents lawful money of the United States of America to them in hand paid at or before the ensealing and delivery of these presents by the said party of the second part, the receipt whereof is hereby acknowledged and the said party of the second part his heirs executors and administrators for ever released and discharged from the same by these presents have granted bargained sold aliened revised released conveyed and confirmed and by these presents do grant bargain sell alien remise release convey and confirm unto the said party of the second part, and to his heirs and assigns for ever All that certain piece or parcel of land lying in the town of Beekman Butted and bounded as follows Beginning at a stake set in the ground about sixteen links north of a large black oak tree standing in Thomas Martin Junr. Line and running in company with s’d Martins line north twenty two degrees west four chains & forty five links to a stone heap on the north side of the road thence along the road north seventy eight degrees & thirty minutes East ten chains & eighty five links to a heap of stones thence south one degree & forty five minutes west four chains & ninety five links to a stake & stones near a large gulf thence along said Simmons line south eighty two degrees west eight chains & ninety five links to the place of beginning Containing four acres two Roods & six Rods of land Together with all and singular the tenements, hereditements and appurtenances whatsoever unto the said above men-tioned and described premises in any wise appertaining or belonging and the reversion and reversions remainder and remainders rents issues and profits thereof [carat]And also all the estate right title interest dower and right of dower property possession claim and demand whatsoever as well in law as in equity by the said parties of the first part of in as to the same [?] 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 them and their [heirs stricken out] own proper use benefit and behoof for ever And the said parties of the first part for themselves and their heirs executors and administrators do covenant grant remise and agree to and with the said party of the second part his heirs and assigns that they the said parties of the first part at the time of the sealing and delivery of these presents were lawfully seized in their 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 unto the party of the second part and have 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 [?] and may at all times hereafter peaceably and quietly have hold use occupy and enjoy the above granted premises and every part and parcel thereof with the appurtenances without any let suit trouble molestation eviction or disturbance of the said parties of the first part their heirs [and stricken out] or assigns or of any other person or persons lawfully claiming or to claim [end of p.304] the same. And that the same now are free clear discharged and unincumbered of and from all former and other grants titles charges estates judgments taxes assessments and incumbrances of what nature or kind soever And also that the said parties of the first part and their heirs and all and every other person or persons whomsoever lawfully or equitably desiring any estate right title or interest of in or to the herein before granted premises by from under or[?] in trust for 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 cause to be made done and executed all any 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 parties of the first part their 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 parties of the first part, and their heirs and against all and every person or persons whomsoever lawfully claiming or to claim the same shall and will Warrant and by these presents for ever defend. In Witness whereof the parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written – [Signatures of Nathaniel Berry and Susan Berry] Sealed and delivered in the presence of Saml B. Halsey
State of New York Dutchess County ss: I Samuel B. Halsey a commissioner for taking acknowledgements of deeds &c in said County hereby certify that on the twenty sixth day of April in the year of our Lord one thousand eight hundred and twenty four personally appeared before me Nathaniel Berry and Susan his wife well known to me to be the persons described in and who executed the within deed and acknowledged the execution thereof for the uses & purposes therein mentioned and the said Susan having been by me examined privately and apart from her said husband acknowledged that she executed the said deed freely without any fear or compulsion of of [sic] her said husband for the uses [and stricken out here] therein mentioned. And that on examination I find no material alterations, interlineations or erasures therein. [Signature of Samuel B Halsey Commissioner sc[?]]
Recorded the preceeding deed September twenty ninth A. D. one thousand eight hundred and thirty at fifteen minutes P. M. five interlined in 14th line & a line & a half interlined between the 20th and 21st lines – [Signed Henry I or P Traver[?] Clerk]