Deed from Cyrus Gage to Frederick Benjamin
Transcribed by Patrick R. Webb of San Jose, CA.
Abstract: Cyrus Gage and Mahala his wife, of Fishkill, sell the undivided half part of four parcels of land, all in Fishkill, to Frederick Benjamin, of DeRuyter in Madison Co., New York for $500. Deed dated 15 June 1818, recorded 23 June 1818. Parcels are as follows: 1) nearly one acre 2) nearly five acres 3) nearly nine acres 4) nearly eight acres. Transcribed by Patrick R. Webb of San Jose, CA from FHL film 565030, Dutchess Co., New York deeds vol. 27, pp. 13-15.
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This Indenture made the fifteenth day of June in the year of our Lord one thousand eight hundred and eighteen Between Cyrus Gage of the Town of Fishkill in the County of Dutchess and State of New York and Mahala his wife of the first part, and Frederick Benjamin of the Town of Deruyter in the County of Madison and State aforesaid of the second part Witnesseth That the said parties of the first part for and in consid-eration of the sum of Five hundred Dollars of 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 forever released and discharged from the same by these presents. Have granted bargained, sold, aliened, remised, 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 forever. All that equal and undivided half part of these several parcels of land situate in the said town of Fishkill. The first part of which is bounded as follows. Beginning at or near a post on the line of a lot of land which Joseph C. Cooper purchased of Cornelius Haight running along said line North ten degrees thirty minutes east one chain and ninety five links thence North seventy five degrees fifteen minutes West three chains & thirty links thence South fourteen degrees fifty three minutes West two chains & fifty three links to the road leading from Franklin to Fishkill landing, thence along said road North sixty six degrees East three chains & twenty three links to the place of Beginning. Containing three quarters of an acre & twenty one perches of land more or less. Also one other lot Beginning eight yards South of a barn near the road in the line of the aforesaid lot running thence along the said line North nine and a half degrees West eleven chains & ten links to a poplar tree near a bog meadow thence along the said bog meadow North eighty one and an half degrees East four chains & sixty links to a stake in the ground, thence South nine and a half degrees East eleven chains & ten links to a stake thence South eighty one and a half degrees West four chains & sixty links to the place of Beginning. Containing five acres of land more or less. Also one other lot Beginning on the west side of the road leading to Beekman town at Stephen Martins North east corner & runs from thence North twenty one degrees & forty five minutes East along said road as it runs five chains & forty two links then North thirty nine degrees East one chain forty nine links to the conjunction of the Beekman town & road leading to John Storms then along said road North, twelve degrees West, five chains & forty links then along said road North thirty four degrees forty five minutes West three chains & fifty one links to a white oak tree mark-ed on two sides, then North seventy seven degrees thirty minutes west seventy six links to a stake and stones on Isaac Storms line thence South twelve degrees & forty five minutes West two chains & ninety five links to a large with oak tree marked [on two sides stricken out] [?] one of said Storms original [?] then South seventy four degrees & forty five minutes West six chains & twenty links to a water ash stake & stones marked on two sides one rod on a course north eight and a half degrees West from a swamp white oak tree marked then south eight & half degrees East five chains & thirty five links to a stake standing by the fence in the bog meadow, then South thirty one degrees East four chains to Stephen Martins North West corner then along said Martinís line as it runs about South eighty five de-grees & thirty minutes East four chains & sixty links to the place of Beginning. Containing eight acres & an half & twenty seven perches of land more or less: Also one other lot beginning one chain from the corner of Abraham Storms lot & on the said Abraham Storms line running South thirty six degrees & thirty min-utes East. Beginning at a stake & stones running South forty nine degrees fifteen minutes West six chains & seventy links to a large rock, then South thirty six degrees thirty minutes East eleven chains & thirty links to a heap of stones North forty nine degrees fifteen minutes East six chains & seventy links to the South West corner of Abraham Storms lot, thence along the said Abraham Stormís line North thirty six degrees thirty minutes West eleven chains & thirty links to the place of Beginning. Containing seven acres two quarters & twenty three rods of land more or less. Above description is taken from a Deed from Joseph Cooper & Elizabeth his wife to Cyrus Benjamin & said Cyrus Gage dated the seventh day of April in the year one thousand eight hundred and nine. There is on above described premises a mortgage given by said Cyrus Benjamin & Cyrus Gage to Jacob Storm Nathan Bailey & Isaac T. Storm for two thousand Dollars to fall due the first day of May in the year one thousand eight hundred & twenty subject to which said mortgage the said Frederick Benjamin receives this deed. for the half part of above described premises. Together with all and singular the tenements hereditements and appurtenances whatsoever unto the said above mentioned and described premises in any wise appertaining or belonging and the reversion and reversions remainder and remainders rents issues and profits thereof: 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 of the said parties of the first part of in or 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 and behoof forever. And the said Cyrus Gage for himself his heirs executors and administrators Doth covenant grant promise and agree to and with the said party of the second part his heirs and assigns that he the said Cyrus Gage at the tie of the sealing and delivery of these presents is lawfully seized in his own right of a good abso-lute, and indefeasible estate of inheritance, in fee simple, of and in all and singular the above granted, bargained premises, with the appurtenances: And hath good right full power and law-ful 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 thereof with the appurtenances without any let suit trouble, molestation, eviction, or disturbance of the said parties of the first part their 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 incumbrances of what nature or kind soever except above said mortgage. 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 deriving any estate, right, title, or interests of in or to the herein before granted premises by from under or in trust for them or either of 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 or their counsel learned in the law, shall be reasonably devised ad-vised or required: And the said Cyrus Gage and his heirs the above described and hereby granted and released premises and every part 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 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 [Signature of] Cyrus Gage [Mark of] Mahala Gage
Sealed and delivered in the presence of Jacob Weekes Cyrenus Crosby
Dutchess County Ss: Be it remembered that on the fifteenth day of June eighteen hundred and Eighteen appeared before me Cyrenus Crosby one of the Judges of the Court of Common Pleas for the County of Dutchess Thomas Barrett whom I know he made oath that the grantors of the within Deed are known to this deponent the within Cyrus Gage and Mahala his wife appeared before me and they acknowledged that they did execute the within deed of their own free wills and voluntary act & deed for the purposes therein mentioned. I having privately examined Mahala separate and apart from her husband she acknowledged that she did execute the same of her own free will without any fear or compulsion of her husband the above testimony is satis-factory evidence to me that Cyrus Gage and Mahala his wife are the grantors of the within Deed I having examined the same and finding no Erasures nor Interlineations therein except those made before the same was executed I do allow the same to be recorded. Cyrenus Crosby
Recorded the preceding Deed this twenty third day of June in the year one thousand eight hundred and eighteen at Nine OíClock A.M. Jacob Van Ness Clerk
Recording Fees & Certificate $1.80 Recíd & Delíd