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William
Brenton & the Pettequamscutt Purchase, 1740
1740 Deed of Joseph
Case
[Images 1 to 5] THIS INDENTURE made the sixteenth day of April in the seventeenth year of the reign of his Majesty George the Second by the grace of God of great Britain _____King Annog Dnv 1740 between Jonathan Law of Milford in the County of New Haven in the Colony of Connecticut Esq. of the First Part, _____ Brenton of ______in the County of Newport in the Colony of Rhode Island _____Esq. of the Second Part, Francis Boreland of Boston with County of Suffolk in the Province of the Massachusetts Bay Esq. of the Third Part, Benjamin Brenton of Newport aforesaid mariner of the Fourth Part, Job Alney of Siverton in the County of Bristol in the Province of the Massachusetts Bay aforesaid Esq., Thomas Noyes of Stonington in the County of New London in the Colony of Connecticut aforesaid. Gentleman and Ann Mason of ____ Stonington widow of the Fifth Part, Martha Church of Newport aforesaid, widow of the Sixth Part, George ______of the same Newport merchant as he is natural guardian to Martha Wanton, an infant daughter of the aforesaid George of the Seventh Part, Benjamin Church of Bristol in the County of Bristol aforesaid Gentleman of the Eighth Part and Ebenezer Brenton of South Kingston in the County of Kings County in the Colony of Rhode Island aforesaid, Gentleman of the Ninth Part Wittnesseth that whereas William Brenton formerly of Newport aforesaid Esq. deceased was in his life time seized in his _______ as of Fee of one seventh part of a certain tract of land in and being in the Narraganset Country in the Colony of Rhode Island aforesaid, called and known by the name of the Pettquamscutt Purchase and bounded by the sea from Point Judith to Pottequamscutt River and so to the head of the pond formerly called Pausakaoncanuck and from the __________land on a northwest line six miles also on a west line six miles and an half drawn from the head of the cove to the northward of Point Judith Neck, and so as freight line to the sea or southern shoar and on the south by the ocean or however otherwise the same is latter and butted and bounded or reputed to be butted and bounded and the ______ William Brenton being so seized of the one seventh part of the said tract of land in and by his Last Will and Testament in writing bearing date the ninth day of February in the Year of our Lord one thousand six hundred and seventy three did declare that whatsoever charge his executor and guardian should bear in suits of law in what respect so ever about any part of his estate either real or personal and also his funeral charges should be defrayed and paid out of his estate which was not particularly disposed of by his Last Will and the remainder of his estate whether lands, goods or chattles not so disposed of should by his overview in _______ will after mentioned be equally divided between all his children sons and daughters as will those who at the time of making said will were married as the rest, which said will was after the death of the aforesaid William Brenton was on the thirteenth day of November in the Year of our Lord one thousand ______hundred and seventy four duly proved and approved according to law. And as the said one seventh part of the aforesaid tract of land (called the Pottequamscutt Purchase as aforesaid) belonging to the aforesaid William as aforesaid was not by him particularly disposed of in his aforesaid Will _____was the same expended in defraying the charge of law suits or of the funeral of the aforesaid William or otherwise, by virtue of the aforesaid recited paragraph of the aforesaid will Jahleel Brenton late of Newport Esq. deceased one of the sons of the aforesaid William Brenton Esq., William Brenton late of Bristol in the County of Bristol aforesaid, mariner deceased another of the sons of the aforesaid William Brenton Esq., Ebenezer Brenton late aforesaid Bristol deceased the other of the sons of aforesaid William Brenton Esq., Sarah (late wife of Joseph Elliott late of Guilford in the County of New Haven aforesaid (________one of the daughters of the said William Brenton Esq. Mehitable (late wife of Joseph Brown late of Charlestown in the County of Middlesex)in the Province of the Massachusetts Bay Clerk deceased) another of the daughters of the aforesaid William Brenton Esq., Abigail (late wife of Stephen Burton late of Bristol aforesaid deceased) another of the daughters of the aforesaid William Brenton Esq. and Elizabeth (late wife of John Pool late of Boston aforesaid merchant deceased) another of the daughters of the said William Brenton Esq., became seized in fee as tenents in Comon of the aforesaid William Brenton Esq. his said one seventh part of the aforesaid tract of land called the Pottequamscutt Purchase as aforesaid. And whereas the said tract of land was partly in the life time of the aforesaid William Brenton Esq. and partly after his death laid out and divided into seven distinct shares or parts one of which said seven distinct shares or parts consisting of the following tracts of land lying and being in the aforesaid Pettaquamscutt Purchase viz. a certain farm or tract of land in South Kingstown aforesaid containing five hundred and ninety five acres in the tenure of William Robinson Esq another tract of land lying at a place in aforesaid South Kingstown called Point Judith Necks containing _____ hundred acres be the same more or less numbered 3 in the plat of the aforesaid Pettaquamscutt Purchase and in the tenure of the aforesaid William Robinson one other tract of land in aforesaid South Kingstown bounding easterly on Point Judith Ponds containing three hundred acres be the same more or less and numbered 2 on the aforesaid platt late in the tenure of Lt. Col. Christopher Allen deceased, one other tract of land lying and being in North Kingstown in the County of Kings County aforesaid and part in South Kingstown aforesaid in the northwestern part of aforesaid purchase adjoining in part to Yancoak Great Pond so called and containing one thousand acres be the same more or less numbered 2 on the aforesaid platt now in the Tenure of _________ Bloomer and ________ Draper, on other tract of land in aforesaid South Kingstown lying near or adjoining to land formerly laid out to John Shelton containing three hundred acres be the same more or less numbered 1 on aforesaid platt and now in the tenure of John Shelton, one other tract of land (adjoining to a tract of land called and known by the name of the ministerial farm) in aforesaid, one other tract of land in aforesaid South Kingstown bounding southerly on the ocean containing six hundred acres be the same more or less numbered 6 on the aforesaid platt and comonly called the Greenhill Farm now in the tenure of George Babcock, one certain island lying in Point Judith Ponds in aforesaid South Kingstown containing sixty acres be the same more or less called Ram Island now in the tenure of the widow of George Haszard Jim Esq. lately deceased one seventh part of another island in the aforesaid Point Judith Ponds called and known by the name of Mumford’s Island containing in the whole one hundred and sixty acres be the same more or less now or late in the tenure of Stephen Haszard and Robert Haszard, one other tract of land in said South Kingstown containing two hundred and sixty acres be the same more less in the tenure of Henry Knowles one other tract of land lying on the west side of Pettaquamscutt River containing eighteen acres be the same more or less in the tenure of John Watson and one share of marshes lying on the south side of Point Judith ponds, was laid out on the right of the aforesaid William Brenton Esq and rightfully belonged and appertained to the aforementioned sons and daughters of the said William Brenton Esq who thereupon became seised in the fee as Tenants in Comon of all and singular the aforesaid tracts of land and ________ which were allotted and laid out on the right of the aforesaid William Brenton Esq as aforesaid. After which the aforesaid Mehitable Brown died intestate and without _______ having never disposed of her one seventh part of all any or either of the aforesaid tracts of land and islands which were laid out on the right of the aforesaid William Brenton Esq as aforesaid whereby the aforesaid Mehitable Brown her seventh part of the said tracts of land and islands fell and descended to the said Jahleel Brenton deceased as he was the eldest son and heir of the aforesaid William Brenton Esq And Martha Burton, the only daughter of heir of the aforesaid Abigail Burton on the eleventh day of July in the year of our Lord one thousand six hundred ninety eight by one _____ in writing under her hand and seal of that date for and in consideration of the sum of two hundred and fifty pounds ______ money of New England to her paid by the aforesaid Jahleel Brenton deceased did give grant bargain sell remise release ________ and forever quitclaim and confirm unto the aforesaid Jahleel Brenton deceased his heirs and assigns for ever one seventh part of all and singular the aforementioned tracts of land and islands which were allotted and laid out on the right of the aforesaid William Brenton Esq in the aforesaid Pettaquamscutt Purchase as is aforesaid. By virtue of which said purchase from the aforesaid Martha Burton and the descent from the aforesaid Mehitable Brown and the before recited paragraph of the Will of the aforesaid William Brenton Esq the aforesaid Jahleel Brenton deceased became seised in fee as Tenent in Comon of three seventh parts of all and singular the tracts of land and islands which were allotted and laid out on the right of the said William Brenton Esq as aforesaid and thereof continued seised till on or about the eighty day of November annodiv 1732 when he died having first made his Last Will and Testament in writing bearing date the second day of July annodiv 1731 which was aforewards viz. on or about the thirteenth day of November AD 1732 duly proved and approved according to law wherein and whereby the said Jahleel Brenton deceased did amongst other things give and devise to the said Jahleel Brenton party of these presents his heirs and assigns for ever all of estate right title interest and property which he had of in and unto the aforementioned tract of land of five hundred and ninety five acres in the possession of the aforesaid William Robinson with the housing and buildings thereon and the marshes thereunto belonging by virtue of which said devise the said Jahleel part to these presents became seised in fee as Tenant in Comon of three seventh parts of the said tract of land of five hundred and ninety five acres with the housing and buildings thereon and the marshes thereunto adjoining in possession of the said William Robinson since which the said Jahleel Brenton part to these presents by one Deed of Release and Quitclaim to him made and duly executed according to law bearing date the twenty eight day of march AD 1740 by Benjamin Brenton aforesaid for a valuable consideration therein _______ is become seised in fee of one other seventh part of the said tract of land of five hundred and ninety five acres with marshes thereto adjoining so that the said Jahleel is at the date of the date hereof seised in his _______ as of fee of four sevenths parts of the said tract of land of five hundred and ninety five acres with the marshes thereto adjoining and farther the aforesaid Jahleel Brenton deceased in and by his aforesaid Last Will and Testament after having made sundry other devises and bequests to sundry persons did give bequeath to the aforesaid Jahleel Brenton party to these presents and his heirs and assigns for ever all the rest and residue of his estate both real and personal of what nature and kind so ever and wheresoever the same should or might be found that was not by him disposed of in his said Will and as the said Jahleel Brenton deceased had not in his said Will disposed of any part of his right of in or to the aforementioned tract of land called the Greenhill Farm in possession of George Babcock as aforesaid, nor of that aforementioned tract of land late in of tenure of Lt. Col. Christopher Allen deceased the said Jahleel Brenton part to these presents by virtue of the said General Devise in the said Will of the said Jahleel Brenton deceased became seised in fee of three seventh parts of the two last mentioned tracts of land and thereof remains seised at the day of the date hereof. And whereas the aforesaid Sarah Elliott did not in her life time dispose of or convey to any person or persons her aforesaid right to the one seventh part of all and singular those tracts of land and islands which were allotted and laid out on the right of the aforesaid William Brenton Esq as aforesaid but died thereof seised in __________ leaving issue four daughters only viz. Ann Mehitable Jemima and Bathshua thereby became seised in fee as Tenents in Comon of the one seventh part of all and singular the said tracts of land and islands which were laid on the right of the said William Brenton Esq as aforesaid, that is to say each of them of one fourth part of the said seventh part and being so seised the said Ann Mehitable Jemima and Bathshua married the said Ann with the aforenamed Jonathan Law by whom she had issue and died whereby the said Jonathan Law became Tenent by the Curtesy of England of her one fourth part of the said one seventh part of all and singular the said tracts of land and islands which were laid out and allotted to the right of the said William Brenton Esq and thereof is seised as Tenent by the Curtesy of England at the day of the date hereof. And the aforesaid Mehitable daughter of the said Sarah Elliott together with William Wilson her husband on the eighty day of March AD 1705/6 by one deed in writing under their hands and seals of that date did grant bargain and sell for the sum of sixty four pounds ______ money in the Colony of Connecticut aforesaid to the said Johnathan Law his heirs and assigns for ever all the right of the said Mehitable of in and unto the premises, and the aforesaid Jemima daughter to the said Sarah Elliott together with John Woodbridge her husband on the ninth day of May AD 1705 by one deed in writing under their hands and seals of the date did for the sum of sixty four pounds _____ money in the Colony of Connecticut aforesaid grant bargain and sell to the said Jonathan Law his heirs and assigns for ever all the right title and estate of the said Jemima of in and unto the premises. And the aforesaid Bathshua married with Augustus Lucas late of Newport aforesaid; Mehitable deceased under whom the said Jonathan Law claims the other fourth part of all and singular the aforesaid Sarah Elliott’s seventh part of all those tracts of land and islands which were laid out and allotted to the right of the said William Brenton Esq and whereas the aforesaid William Brenton the son on the fifth day of May AD 1686 did by one deed in writing under his hand and seal of that date mortgage unto Thomas Ward heretofore of Newport aforesaid Merchant all that his one seventh part of each and every of the aforesaid tracts of land in the Pettaquamscutt Purchase which were laid out on the right of the said William Brenton Esq as aforesaid, that is to say of what ________ that ______ divided as well as what remained undivided for the payment of thirty pounds current silver money of New England together with lawful interest _____ after which was on the third day of June AD 1702 (the said Thomas Ward being dead) Arnold Collins of Newport aforesaid Goldsmith and Amy his wife executrix of the Last Will and Testament of the said Thomas Ward Sion Arnold of said Newport and Mary his wife one of the daughters of the said Thomas Ward did by one deed in writing under their hands and seals of that date for and in consideration of the sum of fifty eight pounds and sixteen shillings current money of New England to them in hand paid by the said Jahleel Brenton deceased ______ release and forever quitclaim unto the said Jahleel Brenton deceased (in his full and peaceable possession and seis in then being) and to his heirs and assigns forever all the estate right title and interest claim and demand whatsoever which the said Arnold Collins and Amy his wife in the capacity aforesaid and Sion Arnold and Mary his wife or any of them then had or which they or any of them or any of their heirs at any time after the making of said deed might or ought to have of in or to all those lands _____ which were by the said William Brenton the son mortgaged to the said Thomas Ward as aforesaid. By virtue of which said deed from the said Arnold Collins and Amy his wife Sion Arnold and Mary his wife and according to the true intent and meaning whereof the said Jahleel Brenton deceased became the true and legal assignee of the mortgage aforesaid made by the said William Brenton the son as aforesaid to the said Thomas Ward as aforesaid and accordingly the said Jahleel Brenton deceased did in his life time on failure and for want of payment of the moneys mentioned and reserved in the said deed made to the said Thomas Ward enter into and take possession of all and singular the lands mortgaged by the said deed to the said Thomas Ward and by them the said Arnold Collins and Amy his wife Sion Arnold and Mary his wife remised released and quitclaimed to the said Jahleel Brenton deceased as aforesaid and thereof the said Jahleel Brenton deceased was seised and possessed at the time of his death since which was on the twenty seventh day of March AD 1740 the aforenamed Benjamin Brenton the only son and heir of Benjamin Brenton late of Newport aforesaid Mariner deceased who was the eldest son and heir of the aforesaid William Brenton one of the sons and devisees of the said William Brenton Esq did well and truly pay to the aforesaid Jahleel Brenton part to these presents as he is Executor of the Last Will and Testament of the said Jahleel Brenton deceased the sum of seven hundred pounds current money of New England in full discharge of and satisfaction for the mortgage aforesaid made by his grandfather as aforesaid. And thereupon the said Jahleel as Executor as aforesaid did on the said twenty seventh day of March AD 1740 by one deed under his hand and seal of that date remise release and forever quitclaim to the said Benjamin Brenton part to these presents and to his heirs and assigns for ever all and singular the estate right title interest property claim condition entry benefit and demand of every nature and kind whatsoever which the aforesaid Jahleel Brenton deceased in his life time by virtue of the deed aforesaid made by the said Arnold Collins and Amy his wife Sion Arnold and Mary his wife to him the said Jahleel deceased as aforesaid had or might or ought to have had or claimed of in and unto all and singular those lands tenements and heriditaments in Pettaquamscutt aforesaid which were by the aforesaid William Brenton the son mortgaged to the said Thomas Ward as aforesaid. By virtue of which said deed from the said Jahleel Executor as aforesaid the said Benjamin Brenton party to these presents became seised in fee as tenant in comon of one seventh part of all and singular those tracts of land and islands which were laid out and allotted to the right of the said William Brenton Esq as aforesaid and thereof is seised at the day of the date of these presents excepting only of one seventh part of the said five hundred and ninety five acres in possession of William Robinson and the marshes ____ thereunto adjoining which were by him remised released and quitclaimed to the said Jahleel part to these presents his heirs and assigns as is aforesaid. And whereas the said Jahleel Brenton deceased in and by his aforesaid Last Will and Testament gave devised to the said Benjamin Brenton party to these presents his heirs and assigns forever all his right estate and interest of in and unto the aforesaid tract of land of three hundred acres in the possession of John Shelton as aforesaid and also one fourth part of all and singular his estate right and interest of in and unto one fourth part of the said tract of land adjoining in part to Yancock Great Pond and containing one thousand acres be the same more or less as aforesaid whereby the said Benjamin Brenton party to these presents became seised as tenant in comon of three seventh parts of the said tract of land of three hundred acres in the possession of John Shelton and of three seventh parts of the one fourth part of the said tract of land adjoining in part to Yancock Great Pond containing one thousand acres be the same more or less and thereof _______ seised at the day of the date hereof. And whereas the aforesaid Ebenezer Brenton one of the sons and devisees of the said William Brenton Esq on the seventh day of April AD 1690 did by one deed in writing under his hand and seal of that date for and in consideration of the sum of thirty pounds current silver money of New England to him paid grant alien ______ bargain sell and confirm to Peleg Sanford heretofore of Newport aforesaid merchant deceased all and singular his estate in one seventh part of all the lands belonging _____ the purchase of Pettaquamscutt and Point Judith Neck which did belong to his father the aforesaid William Brenton Esq by virtue of which said deed the said Peleg Sanford became seised in fee as Tenent in Comon of one seventh part of all the right and estate the said William Brenton Esq had of in or to the said Pettaquamscutt Purchase and so of one seventh part of all and singular those tracts of land and islands which were laid out and allotted to the right of the said William Brenton Esq and thereof continued seised as aforesaid till the time of his death before which was on the eighth day of February AD 1700/1 he made his Last Will and Testament in writing which was afterwards viz. on the first day of September AD 1707 duly proved and approved according to law wherein and whereby he gave and devised to his daughter Ann one third part of one seventh part of share of land in Pettaquamscutt Purchase aforesaid which he ______ Ebenezer Brenton, to his daughter Bridget one other third part of the said share by him bought as aforesaid and to his daughter Elizabeth the other third part by virtue of which said devisees the said Bridget the wife of the said Job Almy, Elizabeth the wife of the said Thomas Noyes and the aforesaid mason his said three daughters became seised in fee as Tenents in Comon of one seventh part of all and singular those tracts of land and islands which were laid out and alotted to the right of the said William Brenton Esq and thereof _____ seised at the day of the date of these presents. And whereas the aforesaid Jahleel Brenton deceased _____ and by his aforesaid Last Will and Testament gave and devised to the said Martha Church her heirs and assigns for ever all his right interest and estate of in and unto the said tract of land in Point Judith Neck containing six hundred acres be the same more or less and also all his estate right and interest of in and to the aforesaid farm containing two hundred and sixty acres be the same more or less in the tenure of Henry Knowles and also the one fourth part of all and singular his right interest and estate of in and unto the aforesaid farm adjoiining in part to Yancoak Great Pond and aforesaid containing one thousand acres be the same more or less. By virtue of which said devisees the said Martha Church became seised in fee as Tenant in Comon of three seventh parts of the said farm containing six hundred acres be the same more or less and lying in Point Judith Neck as afaoresaid and of three seventh parts of the one fourth part of the said farm adjoining in part to Yancoak Great Pond as aforesaid and also of three seventh parts of the aforesaid tract of land of two hundred and sixty acres, and thereof is seised at the day of the date of these presents and whereas the aforesaid Jahleel Brenton deceased in and by aforesaid Last Will and Testament gave and devised to the said Martha Wanton her heirs and assigns for ever all his estate right and interest of in and unto the aforesaid island lying in Point Judith Ponds called Mumfords Island as aforesaid whereby the said Martha Wanton became seised in fee as Tenent in Comon of three seventh parts of one seventh part of the said Mumford’s Island and thereof is seised at the day of the date of these presents. And whereas the said Jahleel Brenton deceased in and by his aforesaid Last Will and Testament gave and devised unto the aforesaid Benjamin church his heirs and assigns for ever all his right interest and estate of in and unto the aforesaid island in Point Judith Ponds called Ram Island, also all his right interest and estate of in and unto one fourth part of the aforesaid tract of land containing three hundred acres be the same more or less now in the possession of the aforesaid Ebenezer Brenton and _____ one fourth part of all and singular his right interest and estate of in and unto the aforesaid tract of land adjoining in part to Yancoak Great Pond as aforesaid containing one thousand acres be the same more or less. By virtue of which said devises the said Benjamin Church became seised in fee of three seventh parts of the aforesaid Ram Island, of three seventh parts of one fourth part of the aforesaid tract of land of three hundred acres in the possession of the said Ebenezer Brenton and of three seventh parts of one fourth part of the tract of land adjoining in part to Yancoak Great Pond containing one thousand acres be the same more or less. And whereas the said Jahleel Brenton deceased in and by his aforesaid Last Will and Testament gave and devised to the said Ebenezer Brenton of South Kingstown his heirs and assigns for ever one fourth part of all his estate right and interest of in and unto the aforesaid tract of land adjoining in part to Yancoak Great Pond as aforesaid containing one thousand acres be the same more or less and also one fourth part of all and singular his estate right and interest of in and unto the said tract of land containing three hundred acres be the same more or less in the tenure of the said Ebenezer Brenton and also all his estate right and interest of in and to the aforesaid lot of land containing eighteen acres be the same more or less lying on the west side of Pettaquamscutt River as aforesaid. By virtue of which said devises the said Ebenezer Brenton of New Kingstown became seised in fee and Tenent in Comon of three seventh parts of one fourth part of the aforesaid tract of land and containing one thousand acres be the same more or less and containing one thousand acres be the same more or less and adjoining in part to Yancoak Great Pond, of three seventh parts of______ fourth part of the said tract of land containing three hundred acres be the same more or less in the tenure of the said Ebenezer Brenton and of three seventh parts of the said lot of land of eighteen acres. And whereas the aforesaid Jahleel Brenton deceased in and by his aforesaid Last Will and Testament willed and directed the said Jahleel Brenton his executor as aforesaid to sell one moiety or half part of all and singular his right interest and estate of in and unto the aforesaid tract of land containing three hundred acres be the same more or less in the tenure of the aforesaid Ebenezer Brenton and the money said half part should be sold for to put out at interest to the best advantage for the benefit and support of his cousin Martha Smith, the wife of John Smith late of Boston March, _____ which hath not yet been done so that the said executor is at the day of the date hereof possessed of three seventh parts of the said moiety of the _____ hundred acres farm in possession of said Ebenezer Brenton. And whereas the said Francis Boreland in right of his wife Jane grand daughter and only heir to the aforesaid Elizabeth Pool is at the day of the date hereof seised as Tenent in Comon of one seventh part of all those tracts of land and islands which were laid out and allotted to the right of said William Brenton Esq aforesaid.
AND WHEREAS all each and every of the aforesaid parties to these presents
are willing and desirous that all and singular of the aforesaid tracts
of land and islands which were laid out and allotted to the right of the
said William Brenton Esq in the said Pettaquamscutt Purchase as aforesaid
may be divided into parts and held in severally forever by each and every
of the respective owners or proprietors them according to their respective
rights and proportionable shares in the same. NOW that such a partition
and division may be _____ of the premises with the appertinences, it is
mutually and reciprocally covenanted granted agreed upon and concluded
by and between all and every the parties to these presents as well each
one for him or herself his or her heirs Executors ______ as for him her
or them his her or their heirs executors administrators whom he she or
they do represent and claim under that Francis Willett of North Kingstown
in the County of Kings County aforesaid Esq John Watson and William Mumford
both of South Kingstown aforesaid Yeomen shall be and they are hereby appointed
a committee fully authorized and impowered to measure and survey (with
the assistance of Mr. James Holme of South Kingstown Surveyor and if he
refuseth of such other surveyor as they shall agree upon) all each and
every of the aforesaid tracts of land and islands which were laid out and
allotted to the right of the said William Brenton Esq and the said tracts
of land and islands being so measured and surveyed to divided into seven
equal and distinct shares or parts according to the quantity of acres and
quality of land in each of the aforesaid tracts of land and islands, and
when the said tracts of land and islands are by the said Francis Willett,
John Watson and William Mumford divided into seven equal parts or shares
as aforesaid that a map or platt of each of them shall be made by the surveyor
who shall assist the said _____Watson and Mumford in measuring and surveying
the same. And the division and partition which shall be made by the said
_____ Watson and Mumford in measuring and surveying the same. And the division
and partition which shall be made by the said _____ Watson and Mumford
shall be described on the said platt or platts with proper lines _____.
Then each lot shall be numbered and drawn for the said parties to these
presents or such person or persons as legally represent them. And he or
she his or her heirs executors ______ and assigns to whom the particular
lott and lotts share and shares of the said tracdts of land and islands
do fall shall forever thereafter have hold use occupy and enjoy to the
only proper use benefit and behoof of him or her his or her heirs and assigns
all each and every the said lott and lotts share and shares of land _____
as shall so fall to him her or them in severalty without any lotts _____
molestation interruption suit or eviction of either or all of the other
party or parties to these presents their or either of their heirs executors
administrators or any other person or persons by from and under him her
or them or either of them his her or their or either of their heirs executors
administrators. And it is hereby farther covenanted granted agreed upon
and concluded between all each and every of the parties to these presents
as well for him or herself his or her heirs and administrators as for him
her or them his her or their heirs executors administrators whom he she
or they do represent or claim under that within three months after the
said tracts of land and islands are measured surveyed divided and indrafted
in manner as aforesaid that he she or they or each of them shall and will
make pass seal and execute suck proper deed and deeds instrument and instruments
devised advised and contrived by counsel learned in _____ for the more
sure and certain fixing confirming establishing and rendering perpetual
the partition division and alottment that shall be made of aforesaid so
that each and every of the party and parties to these presents his her
and their heirs and assigns shall and may from time to time _____ all times
for ever thereafter have hold use occupy possess and enjoy his her and
their particular shares dividends and alottments made as aforesaid in severalty
without any hindrance _____ molestation trouble suit or eviction from any
either or all of the other parties to these presents their or ______ of
their heirs executors administrators or from any person or persons by or
from under them or either of them. And more particularly the said Jonathan
Law for himself his executor administrator doth hereby covenant promise
and agree to and with all each and every the others parties to these presents
and their and each of their heirs executors administrators that within
three months after the sealing and executing of such deed and deeds instrument
and instruments as shall be advised devised and contrived by counsel learned
in the alw as aforesaid Samual Hall of Wallingford in the County of New
Haven aforesaid Clerk and Ann his wife the only dauther of the said Jonathan
Law by the aforesaid Ann his wife who is the only heir to the said Ann
one of daughters of the said Sarah Elliott of the aforesaid fourth part
of the one seventh part of all the said tracts of land and islands which
were laid out and alotted to the right of the said William Brenton Esq
as aforesaid and of which fourth part the said Jonathan Law is Tenent by
the curtesy of England as aforesaid shall and will make pass seal and execute
both good and such sufficient deed or deeds instrument or instruments as
shall be advised devised and contrived by counsel learned in the law for
confirmation fixing and perpetually establshing the aforesaid partition
division and alottment of the lands and premises aforesaid so far as the
same relates to the interest the said Ann Hall now hath and she or heirs
will have after the death of the said Jonathan Law of in and unto one fourth
part of the said one seventh part of all the lands and islands which were
laid out and alotted to the right of the said William Brenton Esq. And
the aforesaid Francis Boreland for himself his heirs executors administrators
doth hereby covenant promise grant and agree to and with all each and every
other of the parties to these presents their each and every of their heirs
executors administrators that the aforesaid Jane his wife (in where right
only he claimeth the one seventh part of all the tracts of land and islands
to the right of the said William Brenton Esq as aforesaid shall join with
him the said Francis Boreland and make pass seal and execute such deed
and deeds instrument and instruments as shall be advised devised and contrived
by counsel learned in the law for the ______ and certain fixing and perpetually
establishing the partition division and alottment which shall be made as
aforesaid. Another said Job Almy _____ Noyes do each of them for himself
his heirs executors administrators covenant promise and agree to and will
all each and every of the other parties to these presents their each and
every of their executors administrators and assigns that Bridget the wife
of the said Job Almy and Elizabeth the wife of said Thomas Noyes (in whose
rights only the said Job and Thomas claim two thirds of one seventh part
of all the lands alotted and laid out on the right of the said William
Brenton Esq as aforesaid) shall join with them the said Job Almy and Thomas
Noyes and severally make pass seal and execute such deed and deeds instrument
and instruments as shall be advised devised and contrived by counsel learned
in the law for ____ more sure and certain fixing and perpetually establshing
the partition division and alottment which shall be made as aforesaid.
And the said George Wanton for himself his heirs executors administrators
doth hereby covenant promise and agree to and with all each and every the
others parties to these presents each and every of their heirs executors
administrators that within three months after his aforeesaid daughter Martha
shall arrive to the age of twenty one years he will procure from the said
Martha and deliver to the other parties to these presents their heirs executors
administrators or assigns one or more good and sufficient deed or deeds
of confirmation of the partition division and alottment to be made as aforesaid.
And whereas there is adjoining to the aforementioned tract of land of five
hundred and ninety five acres a quantity of land belonging to the said
Jahleel Brenton party to these presents and a house with other buildings
thereon standing. It is covenanted granted agreed upon and concluded by
and beetween all each and every of the parties to these presents as well
for him or herself his or her heirs executors administrators as for him
her or them his her or their heirs executors administrators whom he she
or they do represent or claim under that the said land which is more and
above the said five hundred and ninety five acres and adjoining thereto
as aforesaid shall be so taken of and separated from the said five hundred
and ninety five acres (which only is subject to a division and partition
by this agreement) as that the aforementioned dwelling house with the other
out houses and buildings shall be left remain and be the said Jahleel Brenton
party to these presents his heirs and assigns for ever on that parcel of
land before mentioned which is not subject to a division by this agreement
and belongs to the said Jahleel as his own particular estate exclusive
of any right from the aforesaid William Brenton Esq. And it is farther
covenanted granted agreed upon and concluded by and between all each and
every of the parties to these presents as well for him or herself his her
or their heirs executors administrators as for him her or them his her
or their heirs executors administrators whom he she or they do represent
or claim under that if it shall at any time hereafter be discovered and
made to appear that there are other or more lands which were laid out on
and alotted to the right of the aforesaid William Brenton Esq in the Pettaquamscutt
Purchase aforesaid as his separate estate or share in the said purchase
that the same shall be subject to a division and partition in the manner
of this now agreed. And whereas there are several houses and buildings
that stand on several of the tracts of land which are to be divided as
is aforesaid. It is covenanted granted concluded and agreed upon by and
between all each and every of the parties to these presents that where
any one of the said parties shall draw a lott with an house or houses or
other buildings thereon that he she or they (who shall so draw such _____)
his her or their heirs executors administrators shall well and truly pay
the party or parties his her or their heirs executors administrators who
or whose ________ bond or m ake other reasonable satisfaction for the same
to the said party or parties his her or their heirs executors administrators
or assigns ______ ______ _____ their heirs executors administrators that
the Tenent and Tenents who have before the day ______ _____ _____ of the
party or parties to these presents shall enjoy their _____ respectively
according to their lease or leases ______ ______ _____ _____ Tenent or
Tenents shall pay to him her or them his her or their heirs executors administrators
who shall draw a lott _____ _____ the tracts of ______ leased out as aforesaid
a portionable and equal share or part of the rent or other benefits profits
and _____ _______ according to the right or rights of the party or parties
who shall so draw a lott or lotts in the farms leased out as aforesaid.
And whereas _____ of the tenents of the aforesaid farms and tracts of land
have quantities of _____ to them the said tenents belonging ____ _____
of the tenents _____ and above _____ which make up the fencing which property
belongs to the respective farms by them hired or to the party or parties
____ have leased the _____ the parties to these presents and each of them
do for themselves their and each of their heirs executors administrators
mutually agree with each other their or each of their heirs executors administrators
that such tenent and tenents shall have liberty of taking from the farms
respectively hired by them aqt the expiration ofo his or their lease or
leases all such rails as of rightfully ______ _____ to him or them without
any ____ or hindrance fromeither of the parties to these presents their
or either of their heirs executors administrators or assigns. And the parties
to these presents and each of them for themselves their heirs executors
administrators do hereby agree with each other that neither they nor their
heirs executors administrators shall ____ for require or demand any account
of the rents issues and profits of any either or all of the aforesaid tracts
of land for any time farther back than the twenty fifth day of March last
past of him her or them that have leased out the said lands and received
the _____ issues and profits thereof. _____ it is to be understood that
the aforementioned Francis Boreland is excepted out of this article so
far as the agreement made between him or the aforesaid Jahleel Brenton
party to these presents and the aforenamed Martha Church extendeth. And
it is farther agreed upon by and between all of the parties to these presents
that the aforementioned partition and division so shall be made and perfected
by the Mess. Willett Watson and Mumford within three months from the day
of the date hereof. And for the true and faithful performance of all and
every the covenants articles and agreements herein before made mentioned
and expressed each and every of the parties to these prsents doth bind
him and herself his her and their heirs executors administrators to the
other their heirs executors administrators in the sum of five hundred pounds
current money of New England to be paid on demand by him her or them his
her or their heirs executors administrators who shall fail of performing
all and every the article covenants and agreements herein before mentioned
on his her or their parts to be performed fulfilled and one, to the others
their heirs executors administrators who shall perform the same according
to the true intent and meaning hereof in wittness whereof the parties to
these presents have hereunto set their hands and seals the day and year
before written.
| Signed sealed and delivered)
In presence of us ~~ ) Samuel Webb
|
Memorandum that before the ensealing and delivery hereof
the words
"Head of the _____ to the in the first sheet were interlined as were the Words" and also of three seventh parts of the" aforesaid tract of land of two hundred and sixty acres" on the fourth sheet, together with other _____ interlineations in several parts hereof were made before sealing And delivery likewise. Ann Mason SEAL
Jonathan Law
SEAL
|
Newport _____; The above said Jonathan Law Esq,
Jahleel Brenton, Francis Boreland, Benjamin Brenton,
Thomas Noyes and Ann Mason personaly appearing
Acknowledged the above _____ and foregoing
Instrument to be their act and deed this twenty-first
Day of Aprili AD 1743, before me
Henry Bull J: P______
The above and foregoing instrument is recorded in
The book of Sand Evidence No. 4 belonging to South
Kingstown in the 275, 276, 277, 278, 279, 280, 281,
282, 283, 284, 285, 286, 287, 288, 289, 290, 291,
292, 293, 294, 295, 296 and 297 pages of said book
the 26th day of May AD 1743
Benjamin Peck_____ Town Clerk
[Images 6 & 7] THIS INDENTURE, made the twenty nineth day of October in the eighteenth year of the reign of our Sovereign Lord George the Second, King of Great Britain,_____ Annog; Domini one thousand seven hundred forty four between Joseph Case of Exeter of the County of Kings County in the Colony of Rhode Island, _____, yeoman of the one Part, and Jahleel Brenton, Thomas Richardson, Daniel Updike, Gideon Wanton, John Dexter, Edward Scott, James Arnold and george Brown, Esqs; Trustees for the said colony (appointed by an Act of the General Assembly of said Colony, made at South Kingstown on the Second Tuesday of February in the seventeeth Year of His said Majesty’s Resign, Annoq; Domini 1743 1743, whereby the said trustees were authorized to Emitt upon Loan, forty thousand pounds in Bills of Publick Credit of the New Tenor, for the space of Ten Years as said ____ expresseth) on the other Part, WITNESSETH, That the said Joseph Case for and in Consideration of the Sum of two hundred and nine pounds in Bills of Publick Credit of said Colony, and equivalent to Silver stated at six shillings and nine pence per ounce, or Gold to its proportionate Value, to him in Hand paid at the ensealing and delivery hereof by the aforenamed trustees, the Receipt whereof the said Joseph Case doth hereby acknowledge; hath granted, bargained, ________, conveyed and confirmed, and by these presents doth grant, bargain, _____, convey and confirm unto the said Trustees, to and for the Use of said Colony, a certain tract of land containing one hundred and nineteen acres situate lying and being in Exeter in of County and Colony aforesaid and is buted and bounded as followeth ____ westerly and southerly on high ways and afterly partly of land of John Reynolds and partly on land of Samuel Spencer and Northerly on granted and to extend so far northerly as to make up the aforesaid number of acres.
Together with all and singular the improvements, privileges and appurtunances
thereto belonging or in any wise appertaining; TO HAVE AND TO HOLD all
the above bargained premises unto the above named trustees and such others
as shall be appointed in their stead, to the sole use and behoof of the
Colony aforesaid for ever. And the said Joseph Case, for himself, his heirs,
executors and administrators, doth covenant and agree to and with the said
trustees and their successors in said office, that he the said Joseph Case
at the time of this grant and sale, and until the ensealing hereof, is
the true and lawful owner of the premises and stands rightly seized thereof
to his own proper use, as of a good, perfect and absolute estate of inheritance
in fee-simple, exonerated and discharged from all other grants, mortgages,
and other incumbrances whatever. And for himself, his heirs, executors
and administrators, doth further covenant and agree, to warrant and defend
for ever, unto the above named trustees and those succeeding them in said
trust, all the above bargained premises against the lawful claim, challenge
and demand of all and every person whatsoever. PROVIDED always and nevertheless,
upon condition that if the said Joseph Case, his heirs, executors or administrators,
shall and do well and truly, or cause to be paid, to the above named trustees
or their successors, or to such persons as by said General Assembly shall
be appointed to represent them or to manage said trust, the aforesaid sum
of two hundred and nine pounds in said Bills of Publick Credit of the New
Tenor, or in silver money at the rate of six shillings and nine pence per
ounc, or in gold at the rate of five pounds per ounce, as is expressed
in said _____ and in said Bills, at or before the twenty ninth day of October
in the Year of our Lord one thousand seven hundred and fifty four together
also with the interest thereof annually (in one of the aforesaid species)
at four per cent for which interest bonds are given, and also for the principal,
to be paid at ten annual payments, according to said _____, and the discharging
of which Bond or any of them, shall discharge so much of this mortgage
as said Bond is Security for; Then and in such casae this present indenture
shall be construed and deemed to be so far discharged as the aforesaid
Bonds for interest and principal shall be paid, and upon the payment of
the whole interest and principal as aforesaid, shall be rendered absolutely
null,
void and of no effect, but upon failure shall remain in full force. IN
WITNESS whereof the aforenamed Granter hath hereunto set his Hand and affixed
his Seal, the Day, Month and Year above written.
| Signed, sealed and delivered
In the presence of Providence Islance Joseph Nichols
|
Joseph Case
SEAL
The above subscriber personally appeared the day and year
above written and
Joseph Nicols Justes Peace |
This deed is recorded in the 20 page of the Book of Records
For Colony Mortgages No. 5: belonging to Exeter May the
24th AD 1745 by
Benoni Hall Town Clerk
BACK OF DEED (Joseph Case)
| Discharged | Joseph Case his
Mortgage deed for _______ Recorded |
This may certify that the within deed is discharged. I having recorded the South Kingston for seventy five pounds one of Joseph Casaae for ninety five pounds five shillings and one of Robert Morey of Exeter for thirty eight pounds fifteen shillings.
| Witness my hand and seal this 8th day of May
1747.
The above discharge is recorded on the Book of the
Benoni Hall Town Clerk
|
Jona Hichog
SEAL
|
BY THE GLORY OF THE GRAND ARCHITECT OF THE UNIVERSE.
FROM the East of the Grand Light where Reigne _____ Unity and Peace,
We the Master and Warlons of King David Lodge No. 1 regularly established
in New Port Rhode Island, being cloathed and decorated in due form and
order, do hereby certify declare and attest to all Free Accepted and Perfect
Masons enlightenment and dispersed throughout the Globe over the surface
of the two hemispheres that the Bearer here of our truly and well beloved
Brother John Waite hath been by us in due form initiated an entered Apprentice
and after duly and truly served therein we conferred on him the digree
of a Fellow Craft and having given us the most solid proof of his fervent
and zeal in the support of the Royal Craft and to recompense him for his
assiduity and the pains he hath taken to obtain our ancient and sublime
mysteries, we have cloathed him with the sublime degree of a Master Mason
and as such we entreat all the respectable brethren to receive and entertain
our said dear brother John Waite favourably therein be always, conforming
to all our ancient rules and customs. We promise to have the same attention
to all those who shall appear at our Lodge cloathed with the same authentick
______. GIVEN under our hands and the seal of our Lodge at Newport, Rhode
Island, this fifteenth day of June five thousand seven hundred and eighty
one and of the ______ ______ one thousand seven hundred eighty one.
| By Order
In Hand of ______ |
SEAL |
Nat. M. Hays Master Moses Seikassen War Pelig Clarke Jr. War |
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Click on an image to see the larger picture.
Top row is the William Brenton document. Bottom row is the Joseph Case deed. |
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The above historical documents have been photographed, read and transcribed by Kim Casey at casey@excelonline.com. They were found in a bottom drawer of a dresser purchased many years ago while the buyer was stationed in Rhode Island in the Navy.
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