Deed from John Whaley to Robert Simmons
Transcribed by Patrick R. Webb of San Jose, CA.
Abstract: Deed from John Whaley and Martha his wife, of Beekman to Robert Simmons of Fishkill, for NY$1350, 103 acres in Fishkill or Beekman. Dated 7 April 1801, not recorded until 29 Sept. 1830, Dutchess Co. Deed Book 45:299-300, viewed and transcribed from FHL microfilm 565041 by Patrick R. Webb of San Jose, CA.
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This Indenture made the seventh day of April in the year of our Lord one thousand eight hundred and one Between John Whaley and Martha his wife of the town of Beekman in Dutchess County and State of New York of the first part and Robert Simmons of Fishkill town & s’d county of the second part witnesseth that the said party of the first part for and in consideration of the sum of thirteen hundred and fifty dollars lawful money of the state of New York to him in hand paid at and 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 parties of the second part therewith from acquitted and discharged Hath granted bargained and sold aliened released enfeoffed and conveyed and by these present doth grant bargain and sell alien release enfeoff and convey unto the said party of the second part in his actual possession now being and to him his heirs and assigns forever. All That Land lying or being situate in sd. Town Beginning about twenty links north of a white wood tree markd on N West corner of sd lot and runs south nineteen degrees & thirty minutes west to a black oak tree markd then south five degrees and thirty minutes East one chain to a stake and stones in the road Then south thirty four degrees and thirty ‘ west fourteen ch’n to a stake and stone standing in the edge of Meadow land then south twenty six degrees East sixteen chains fifty lin to a Walnut sapling markd Then north thirty degrees East two ch’n to a chestnut saplin markd. Then South twenty eight degrees and thirty ‘ East Eleven chain to a stone heap then South eighty nine degrees west two chn. & forty seven links to a chestnut sapling markd then south twenty six degrees East eleven chn. to a chestnut tree cornered Then East thirty two chn. six lin. To the side of a rock lot no. 12 then north nineteen chn. ninety lin. to a chestnut markd on the cor. of Thos. Doughty Still North five chn. forty three links to a chestnut tree markd. Then west four chn. fifteen links to a chestnut markd then South fifteen degrees west six chn. twenty links to a rock then south eighty eight degrees & thirty minutes west ten chn. seventy five links to a chestnut on the s’d of the Gulph then as the Gulph now runs to the place of beginning Containing Acres 103 of Land Together with all and singular the messuages buildings, privileges, profits hereditements and appurtenances to the same belonging or in in [sic] 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 claim and demand whatsoever of the said parties of the first part of in or [end of p.299] the same. To have and to hold all and singular the said piece or parcel of land and premises with the appurtenances unto the said party of the second part his heirs and assigns and to them and their only use and behoof forever And the said parties of the first part doth hereby for themselves heirs executors and administrators covenant promise and agree to and with the said party of the second part his heirs and assigns as follows to wit: That the said party of the first part now is lawfully and rightfully devised in his own right of a good use and indefeasible estate of inheritance in fee simple of in deed to the said premises with the appurtenances and now has good right lawful power and authority to grant bargain and sell alien release enfeoff and convey the same unto the said party of the second part his heirs and assigns to them and their only use and behoof in manner and form as above written: And also that the said premises with the appurtenances, now are free and clear of and from all judgments mortgages executions and other encumbrances whatsoever heretofore had obtained or issued: And also that the said party of the second part shall and may at all times hereafter quietly and peaceably have hold and enjoy the said premises with the appurtenances without the let suit or molestation of any person or persons claiming or to claim the same: And the said party of the first part and his heirs the said premises with the appurtenances unto the said party of the second part his heirs and assigns shall and will warrant and forever defend by these presents. In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written. [Marks of John Whaley and Martha Whaley]
Sealed and delivered in the presence of of struck through with a pen [signatures of Aaron Stockholm and Gilbert Livingston]
State of New York ss. I Gilbert Livingston master in Chancery do certify that on the twelfth day of May one thousand eight hundred and one before me came John Whaley and Martha his wife That I have satisfactory evidence that the said John is the person described in and who executed the within deed. by the oath of Aaron Stockholm of the town of Fishkill in Dutchess county Esquire (a person well known to me) who swears before me that he knows him and that he is such person, and having also satisfactory evidence that the said Martha is the person described in and who executed said deed by the joint declaration of the said John and Martha. That they acknowledged that they executed said deed. That the said Martha on being by me examined privately and apart from her said husband confessed that she executed the same freely without any threats or compulsion from her said husband. And that I find no [e]rasures or interlineations therein other than what is noted. [Signature of Gilbert Livingston]
Recorded the preceeding deed September twenty ninth A. D. one thousand eight hundred and thirty at fifteen minutes P. M. [Signed Henry Traver[?] Clerk]