Schoharie County NYGenWeb Site
Water Rights Transfer
Gilbert W. Dana to Joseph R. Boyce
contributed by A. G. Morris
Jacket (scanned image):
Gilbert W Dana
Joseph R. Boyce
Recorded in the Clerks
Office of Schoharie Co.
May 8th 1872 2 hrs P.M.
in Book of Deeds No. 65
on page 295 & examined
John Morrison, Clerk.
Whereas, Joseph R Boyce of the town of
Cobleskill in the county of Schoharie and the State of New York has underground
conduits or pump logs by which he leads water to his residence from a well
situated on the lands of Gilbert W Dana;the well being located about twenty rods
from the Easterly line of the premises of said Boyce.
Therefore to all to whom these presence shall come know that Gilbert W Dana in and for the consideration of twenty dollars and the covenants and agreements on the part of Joseph R Boyce hereinafter expressed do agree that said Joseph R, Boyce his heirs and assigns may continue to lead the water from said well through the conduits or logs when they are now located to the now residence of said Boyce. The said Joseph R Boyce covenanting and agreeing for himself his heirs and assigns to and with Gilbert W Dana his heirs and assigns at all times to keep said well properly covered with a good and substantial cover. And the said Joseph R Boyce further covenants and agrees for himself and his heirs and assigns not to enter upon said Danas his heirs or assigns land where the conduits or logs are located to relay or repair said conduit or pump logs at any spot or place without first obtaining the consent of said Gilbert W Dana his heirs and assigns for that purpose and if the said Joseph R Boyce or his heirs or assigns shall fail to observe keep or perform any of the covenants or agreements heretofore set forth all rights of said Joseph R Boyce his heirs and assigns to lead the water from said well shall cease and be forfeited to said Gilbert W Dana his heirs and assigns forever.
The witness whereof the said Gilbert W Dana and Joseph R Boyce have hereunto set their hands and seals this 20th day of April 1872
Gilbert W. Dana /s/
Joseph R. Boyce /s/
Signed Sealed & delivered in
the presence of
State of New York
Schoharie County, SS
On this 20th day of April in the year of our lord one thousand eight hundred and seventy two. Before me appeared Gilbert W Dana and Joseph R Boyce to me personally known to be the same persons described in and who executed the forgoing instrument and acknowledged they executed the same.
Justice of the Peace
And the said parties of the first part hereby agree that the said parties of the second part their heirs, and assigns, may have the priviledge of obtaining water for family use only; for the above described premises; from the penstock now situated on the premises where the parties of the first part now reside for and during the time said penstock is furnished with water by pipes, conduits or pump logs, as it now is, from the well of Gilbert W Dana. But at no time can said Jacob Angle, and Marcus Angle, their heirs; or assigns lead or conduct water from said penstock with pipes, conduits, or pump logs, or otherwise.
For value received I hereby sell and
assign all my right, title, and interest, in and to the water privilege
mentioned and set forth in the above contract to William Van Vaulkenburgh to
have and enjoy the same in all things as I might or could do were those presents
never made subject however to the same restrictions as in said contract
In witness whereof I have here unto set my hand and seal this First day of March 1876
Joseph R Boyce
Signed sealed and
delivered in the presence
of Tiffany Lawyer
State of New York
Schoharie County, SS
On this first day of March in the year one thousand eight hundred and seventy six before me the subscriber personally appeared Joseph R Boyce to me known to be the same person described in and who executed the above instrument and acknowledged that he executed the same
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