Signed Sealed & Delivered in the Presence of us Charles ffrost York ss. March 11th 1728/9 Then the abovenamed John Baker personally appearing acknowledged the above Instrument to be his free Act and Deed Corm Sam Came Just Pacs A true Copy of the Original Recd March 15. 1728 Examd by Jos: Moody Regr To [11] To all People to whom these Presents shall come Greeting Know ye that I Johnson Harmon of York Harmon in the County of York in New England Gent--for & in Consideration of the Sum of Four Hundred Pounds currt Money of New England to me in Hand before the Ensealing hereof well and truly paid by Samuel Waldo of Boston in the County of Suffolk in New England afores Merchant The Receipt whereof I Do hereby acknowledge and my self therewth fully satisfied and contented and thereof & of every Part & Parcel thereof Do exonerate acquit and discharge the sa Samuel Waldo his Heirs Execs and Admin's forever by these Presents have given granted bargained sold aliened conveyed & confirmed & by these Presents do freely fully & absolutely give grant bargain sell aliene convey & confirm unto him the sa Samuel Waldo his Heirs and Assigns forever One certain Tract or Parcel of Land lying in the Township of York whereon I now dwell containing by Estimation thirty Acres be the same more or less butted and bounded as followeth vizSouth Westerly by York River Westerly and North Westerly by Land of Capt Nathan' Donnell & Land of Nathan1 Leeman weh he bought of Sam' Clarke North Eastwardly by the New Mill Pond formerly called the Meeting House Creek and South Eastwardly by an House Lot weh I sold to Daniel Paul together wth all the Houses Wharffes Ware Houses Barns Stables & other Buildings & the Orchard thereon To have and To hold the s granted and bargained Premisses wth all the Appurces Priviledges & Comodities to the same belonging or in any wise appertaining to him the 8 Samuel Waldo his Heirs and Assigns forever To his and their only proper Use Benefit & Behoof forever And I the sd Johnson Harmon for myself my Heirs Excers and Admin do Covenant promise and grant to & with the s Samuel Waldo his Heirs and Assigns that before the Ensealing hereof I am the true sole and lawful Owner of the above bargained Premisses & am lawfully seized and possessed of the same in mine own proper Right as a good perfect and absolute Estate of Inheritance in Fee simple and have in my self good Right full Power and lawful Authority to grant bargain sell convey & confirm sa bargained Premisses in Manner as aforesd And that the sa Samuel Waldo his Heirs and Assigns shall and may from Time to Time & at all Times forever hereafter by Force and Vertue of these Presents lawfully peaceably and quietly have hold use occupy possess & enjoy the sd demised and bargained Premisses with the Appurces free and clear and freely and clearly acquitted exonerated and discharged of from all and all Manner of former or other Gifts Grants Bargains Sales Leases Mortgages Wills Entails Joyntures Dowries Judgments Executions Incumbrances and Extents Furthermore I the sa Johnson Harmon for my self my Heirs Execs & Admin's Do Covenant and engage the above demised Premisses to him the sa Sam' Waldo his Heirs and Assigns against the lawful Claims & Demands of any Person or Persons whatsoever forever hereafter to warrant secure and Defend by these Presents Provided always nevertheless anything in these Presents to the Contrary in any wise notwithstanding that if the aforenamed Johnson Harmon his Heirs Execrs or Adminrs or any of them shall & do pay or cause to be paid to the aforenamed Samuel Waldo his Heirs Execs or Admin the full & just Sum of four Hundred Pounds in currant Money of New England or good Bills of Publick Credit on the Province of the Massachusetts Bay with lawful Interest for the same in Manner following that is to say two hundred Pounds Part of sa Sum with Interest as afores at or before the twenty fifth Day of October next ensuing the Date hereof and two hundred Pounds the residue of the sd Sum with Interest as afores at or before the Twenty fifth Day of Jan' wch will be in the Year of our Lord One thousand seven hundred and thirty without Fraud Coven or further Delay then the foregoing Deed of Bargain and Sale and every Clause & Article therein to cease determine and be utterly void and of none effect or else to abide & remain in full Force & Vertue-In Witness whereof the sd Johnson Harmon hath hereunto set his Hand and Seal the Twenty fifth Day of Jan" in the Second Year of the Reign of our Sovereign Lord George the Second Anoq Domini 1728 Signed Sealed & Delivered in the Presence of us Caleb Preble John Wakefield in ye 34th Line obliterated also ye whole of yo 35 & 36th Line and four Words in the 37 Line of this Side Johnson Harmon (4) Seal Reed on the Day of the Date of the foregoing Instrument of the within named Sam1 Waldo the Sum of four hundred Pounds being the Consideration wthin expressed p Johnson Harmon York ss Febry 26th 1728. Then Colo Johnson Harmon personally appearing acknowledged the afore written Instrument to be his voluntary Act and Deed. Before me Sam' Came J. Peace A true Copy of the Original Recd Feb 26th 1728. Examd by Jos: Moody Regr Bracey To all People to whom these Presents shall come William Bracey of York in the County of York in New England Weaver sendeth Greeting: Know ye that I the sa William Bracey for & in Consideration of the natural Love & Affection which I bear unto my eldest Son Joseph Bracey of sd York Weaver and as Part of his Portion of my Estate have given and granted & by these Presents do freely fully and absolutely give grant convey & confirm unto the sd Joseph Bracey his Heirs & Assigns forever a certain Parcel of Land lying in the Township of York containing the just Quantity of two Acres (being Part of that Tract of Land on which I now dwell and wch I bought of Abial Masterson as by a Deed under her Hand and Seal Dated Septembr 4th 1702 may appear sd Deed being Recorded Libo 7 Folo 74. of York County Records for Deeds &c) Butted & Bounded as followeth viz beginning at the Southerly Corner of Jonathan Young Jun' his Land & running South East bounding on the Road that leads to Berwick forty two Poles & so to run back the same Breadth till two Acres be compleated having the High Way on the South East & South West s Jonathan Youngs Land on the North West & my own Land on the North East Together with the Trees & Fences thereon & all the Profits Priviledges & Comodities thereto belonging [12] or in anywise appertaining To have and To hold the s granted Land & Premisses wth the Appurces To him the sd Joseph Bracey his Heirs & Assigns forever as a good perfect & absolute Estate Book XIII. 4 of Inheritance in Fee simple Provided that if the s Joseph Bracey [or his Heirs] shall sell the s Land he [or they] shall give me or my Heirs the Refusal of it-In Witness whereof I have hereunto set my Hand & Seal the twenty first Day of March in the Second Year of the Reign of King George the Second Annoque Domini 1728. Signed Sealed & Delivered in Presence of us ye Words [or his Heirs] Line & a William Brasey (4) York ss/ March 22a 1728/9 Then William Bracey appearing acknowledged the above Instrument to be his free Act & Deed Before Sam Came J. Pacs A true Copy of the Original Recd March 24. 1728 Examd by Jos: Moody Regr Rice This Indenture made this Eighteenth Day of FebTM Anno Domini One thousand seven Hundred & Twenty eight Nine and in the Second Year of the Reign of our most Gracious Sovereign Lord George the Second by the Grace of God of great Brittain France & Ireland King Defender of the Faith &c : Between Daniel Rice of Kittery in the County of York within his Majesties Province of the Massachusetts Bay in New England Cordwainer on the one Part and James Fernald Jun of the same Place Yeoman on the other Part witnesseth that I the sd Daniel Rice for divers good Causes & consideration me thereunto moving have given granted bargained sold aliened conveyed & confirmed and by these Presents do freely fully & absolutely give grant bargain sell aliene convey and confirm to the said James Fernald his Heirs & Assigns forever one Messuage or Tract of Land situate lying & being in the Township of Kittery afores containing by Estimation about Thirty Acres & an half be it more or less and is Butted & Bounded as followeth vizt East North East Twenty six Poles by York Road North East sixty Eight Poles by sa York Road North West One hundred Poles by Mr Wm Godsoes Land & Diamond Sargeants Land North & South One Hundred & Twenty nine Poles to the first Station To have and To hold the s granted and bargained Premisses wth all the Appurces Priviledges & Comodities to the same belonging or in any wise appertaining to him the sd James Fernald his Heirs & Assigns forever To his & their own proper Use Benefit and Behoof forever And I the sa Jos: Moody Regr Witness York April 23. Then received of the within named Daniel Rice the full & just Sum of twenty four Pounds being the Money due on this Mortgage & the same is hereby discharged Daniel Rice for me my Heirs Execrs & Admin's Do Covenant Promise & grant to & with the sd James Fernald his Heirs & Assigns that before the Ensealing hereof I am the true sole & lawful Owner of the above bargained Premisses & am lawfully seized and possessed of the same in my own proper Right as a good perfect and absolute Estate of Inheritance in Fee simple And have in my self good Right full Power & lawful Authority to grant bargain sell convey and confirm sa bargained Premisses in Manner as afores" And that the s James Fernald his Heirs and Assigns shall and may from Time to Time and at all Times forever hereafter by Force and Vertue of these Presents lawfully peaceably and quietly have hold use occupy possess & enjoy the sd demised and bargained Premisses with the Appurces free and clear & freely and clearly acquitted exonerated & discharged of & from all & all Manner of former & other Gifts Grants Bargains Sales Leases Mortgages Wills Entails Joyntures Dowries Judgments Executions Incumbrances & Extents whatsoever Furthermore I the s Daniel Rice for my self my Heirs Exec's and Admin Do Covenant & promise at and upon the reasonable Request (& at the proper Cost & Charge in ye Law) of the sd James Fernald his Heirs Execrs Admin's [or Assigns] to make Do perform & execute any further or other lawful & reasonable Act or Acts Thing or Things Device or Devices in the Law needful or requisite for the more perfect Assurance Settling & the sure making of the Premisses as afores Provided Nevertheless & it is the true Intent and Meaning of Grantor & Grantee in these Presents anything herein contained to the Contrary notwithstanding that if the above named Daniel Rice his Heirs Execs Admin's or Assigns shall and Do well and truly pay or cause to be paid unto the abovesd James Fernald his certain Attorney Heirs Execrs Admin's or Assigns the full and just Sum of Twenty four Pounds in good currant lawful Money of the s Province of the Massachusetts Bay at or before the Eighteenth Day of Febry weh will be in the Year of our Lord One thousand seven hundred & thirty thirty one then this above written Deed of Mortgage or Obligation & every Clause & Article therein contained shall be Null void and of none effect or else shall abide stand & remain in full Force Strength & Vertue In Witness whereof I have James Fernald |