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1769 Indenture between John Harper Jun'r
and
Four Patentee's in Connecticut
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This indenture was made between John Harper Jun'r of Cherry
Vally[sic] and Joseph Harper Junior, John Thompson, Robert Thompson and
John Thompson Junior. The reason for this document was the transfer of
4 shares (4,000 acres) from the men from Windsor, Connecticut to John
Harper Junior for the sum of 5 Shillings New York Currency each.
Since English Law mandated that an individual could purchase a maximum
of 1,000 acres each and 22 men originally signed the Hapersfield Patent,
this transfer was obviously arranged in advance between them. It was
executed only 5 days after the original aquisition of the Harpersfield
Patent
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The transcription
of this document follows. Note! Not completed |
This
Indenture made the Thirteenth day of December __
in the tenth year of the Reign of our Sovereign Lord George the third
by the Grace of God of Great
Britain France and Ireland King Defender of the Faith &'c and in
the year
of our Lord One thousand Seven hundred and Sixty nine.
Between Joseph Harper Junior John Thompson Robert Thompson and John Thompson
Junior all of the Colony of Connecticut County of Hartford and Town of Windsor
of the one part and
John Harper Junior of Cherry Vally in the County of Albany and Province of New
York Yeoman of the other part Whereas our Sovereign Lord the King by his Letters
Patent Sealed with
the Great Seal of the Colony of New York bearing date the Eigth __ day of December
_in this present year did give grant ratify and Confirm unto John Harper Junior
William Harper John
Harper Junior Joseph Harper Alexander Harper Andries Rebar William Galt Thomas
Henry John Wells Robert Campble James Scott John Wells Junior Joseph Harper Junior
John Thompson Robert Thompson John Thompson Junior
James Moore Robert Wells James Harper Thimothy McIlvaine John Rebar and Johannes
Walrad their Heirs and Assigns for Ever All that certain Tract or parcel of Land
within the Province of New York Situate lying
Called & known by the Name of Harpersfield __
and being within the County of Albany between the Cookquage Branch of the Delaware
River and the branch of the Susquehannah River Called Adequitange^ Beginning
at a Rock Maple Tree marked on four sides
with a blaze and three Notches and with the letters and figures AC 1768
Standing on ahigh point of Land at the South side of asmall pond of water caled
by the
Indians Ulstayantho, from whence the said branch
of the Delaware called by the Indians Osohquago Issuies, runs thence North thirty
degrees west five hundred and forty nine Chains then South Eighty six Degrees
west Two hundred and fifty Chains,
then South Sixty three Degrees West One hundred and Eleven Chains, then South
thirty Degrees East Seven hundred Chains to a Tract of Six thousand acres of
Land Granted in the year One thousand
Seven hundred and forty to Arent Bradt Volhert Van Veehlen and others, then along
the Northern and Eastern Bounds of the last mentioned tract North Easterly and
Westerly as they run to the said ~
branch of Delaware River called Cookquago then up the Northern Bank of the said
Branch as it winds and turns to the Rock Maple Tree where this Tract first began
Containig twenty two ~
thousand acres of Land and the usual allowance for High ways Together with all
and Singular the Tenements hereditanients and appurtenances thereunto belonging
and the Reversion and
Reversions Remainder and Remainders Rents Issues and profits thereof and of every
part and parcel thereof To hold one full and equal twenty second part of the
whole into twenty two equal
parts to be divided / of the said Tract or parcel of Land Tenements Hereditaments
and Premises by the said Letters Patent granted ratified and confirmed and every
part and parcel thereof I Except as is ~
therein before Excepted I unto each of them the said Grantees their Heirs and
Assigns respectively to their only proper and Seperate use and behoof respectively
for ever as Tenants in Common and not as joint ~
Tenants under the Quit Rent and Subject to the several Provisoes Conditions Limitations
and restrictions in the said Letters Patent reserved mentioned and Expressed
as by the said Letters Patent
or the Record thereof remaining in the Secretary's Office in the City of New
York Reference thereunto had may more fully and at large appear Now This Indenture
Witneseth ~
that the said Joseph Harper Junior John Thompson Robert Thompson and John Thompson
Junior for divers good Causes and Considerations them hereunto moving and also
for and in Consideration
of the Sum of five Shillings Current money of the Province of New York aforesaid
to each of them in hand paid by the said John Harper Junior at or before the
Sealing and delivery of these pre -
= sents, the Receipt whereof they do each of them here acknowledge and therof
do acquit and discharge the said John Harper Junior his Heirs Executors and Administrators
and every of them
by these presents Have ranted bargained Sold aliened umised released and Confirmed,
And by these presents do severally and Respectively and for their several and
respective Heirs Executors
and Administrators freely and absolutely grant Bargain all alian mmide release
andConfirmed, and confirm unto the said John Harper sdfkdjflfj his Actual possossion
now being by virtue of abargain and
sell to him thereof made for one whole year by Indenture bearing date the day
next before the day of the date of these presents and by force of the Statute
for transferring of uses into poss-
ession and to his Heirs and assigns for ever All the Estate Right Title Interest
property possession Claim and demand whatsoever of them the said Joseph Harper
Junior John Thompson
Robert Thompson and John Thompson Junior of and in all that therfore said Tract
or parcel of Land with the Hereditaments and Appurtenances thereunto belonging
in and by the said in part ~
Recited Letters Patent to them granted as aforesaid Together with all and Singular
the Buildings Woods under woods Water Advantages Immunities priviledges mines
Minerals Hereditaments and ~
appurtenances to the several and respective parts and shares of them the said
Joseph Harper Junior John Thompson Robert Thompson and John Thompson Junior in
the said Tract or parcel of Land belonging or in any
wise Appertaining and the Reversion and Reversions Remainder and Remainders Rents
Issues and profits of the same and of every part and parcel thereof with the
Appurtenances To have and to hold
all and Singular the said several and respective parts and shares of the said
Joseph Harper Junior John Thompson Robert Thompson and John Thompson Junior of
in and to the Premises above mentioned hereby release
and confirmed and every part and parcel thereof unto the said John Harper Junior
his Heirs and Assigns to the only proper use benefit and behoof of the said John
Harper Junior his Heirs and Assigns for Ever as fully
and Amply as the same hath been granted to them the said Joseph Harper Junior
John Thompson Robert Thompson and John Thompson Junior or other of them by the
Letters Patent Aforesaid Subject and liable to the ~
a yearly Quit Rent reserved and also to the several exceptions wrations provisions
limitations and restrictions mentioned Exadfds and declared in and by the said
in part Recited letters patent for and in respect of the said
hereby granted Premisses only. And they the said Joseph Harper Junior John Thompson
Robert Thompson and John Thompson Junior above mentioned do hereby severally
and respectively and for their several and re
spective Heirs Executors and Administrators and not jointly or the one for the
other Cover and grant promise and agree to and with the said John Harper Junior
his Heirs and assigns that they have not committed or done any Act mall -
or thing what so ever whereby the Remises above mentioned or any part thereof
is are or may be charged or incumbered in Title charge Estate or otherwise howsoever
And also that they the said Joseph Harper Junior John Thompson
Robert Thompson and John Thompson Junior and their Heirs and all and every other
persons and persons and his and their Heirs having or lawfully claiming any Estate
right Tille we Interest of in or to the said Premises above in and
by these presents released and confirmed or any part of thereof by from or under
him them or any of them shall and will from time to time and at all times for
Ever hereafter upon the reasonable Request and at the proper Costs
and Charges in the law of the said John Harper Junior his Heirs or assigns make
do Seal and Execute or Cause or procure to be made done sealed and Executed all
and every such further and other lawful and reasonable Act and Acts
Divice and Devices Conveyance and Conveyances Assurance and Assurances in the
Law for the more perfect granting Conveying releasing Confirming and Assuring
all and Singular the respective parts and shares of the said Joseph Harper
Junior John Thompson Robert Thompson and John Thompson Junior of in and to the
Premises above mentioned with the Appurtenances unto the said John Harper Junior
his heirs and Assigns to the only proper use benefit and behoof of the said John
Harper
Junior his Heirs or Assigns or his or their Counsel learned in the law shall
be reasonably advised devised and required And lastly that they the said Joseph
Harper Junior John Thompson Robert Thompson and John Thompson Junior dotto each
for
himself his Heirs Executors and Administrators Covenant promise grant and agree
to and with the said John Harper Junior his Heirs and Assigns that he the said
John Harper Junior his Heirs and Assigns shall and lawfully may at all times
hereafter free-
ly quitely and peaceably have hold use occupy possess and enjoy the said regadive
parts of the said Tract of Sand of them the said Joseph Harper Junior John Thompson
Robert Thompson and John Thompson Junior respectively of and in the said Tract
of Land and all other the Premises with the Afor-
= jun tenanns hereby granted and released without any lawful let Suit Trouble
molestation interruption or denial of them the said Joseph Harper Junior John
Thompson Robert Thompson and John Thompson Junior respectively or their respective
Heirs or Assigns or of or from any other forever
persons whatsoever lawfully claiming or to claim the same from by or under them
Respectively In Witness whereof the parties to these presents have hereunto Interchangeable
Set their hands and Seals the day and year first above Written./.
his
Joseph Harper Jr L.S. Seal John Thompson L.S. Seal Robert X Tomsen L.S. Seal John Thomson Jun'r L.S. Seal
mark
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