Transcript:Massachusetts, Land Records, 1620-1986/Worcester, Rutland/Book 102 pg 173-175, Simeon and Hannah Stone to Jonas Stone

p. 173-175, view images of original records

Stone, Simeon & wife to Jonas Stone indenture

This indenture made this first day of May in the year of our Lord One Thousand Seven Hundred & Eighty by & between Simeon Stone of Rutland in the County of Worcester and State of Massachusetts Bay in New England Yeoman and Hannah his wife on the one part & Jonas Stone of Sutton in the County aforesaid Turner & Wheelman for(?) on the other part witnesseth that the said Simeon and Hannah his wife in consideration of the love and affection that they have and do bear unto their son the said Jonas & for divers other good causes and considerations them hereunto moving have & do by these presents give grant aline & convey unto him the said Jonas & unto his heirs and assigns forever the whole of the Real & personal estate of the said Simeon & Hannah lying in Rutland aforesaid in the following manner & upon the provisos conditions & reservations herein after named & no otherwise that is to say the said Simeon reserves the whole of the personal estate to occupy and dispose of as he shall see fit during his natural life & after the death of the said Simeon the whole of the personal estate to be to him the said Jonas his heirs and assigns forever the said Simeon & Hannah absolutely reserve unto themselves during their natural lives one half of the said real estate for quantity and quality and if their necessity calls for the same and not otherwise it shall and may be lawful for them to sell and dispose of any part of the whole of the said reserved half giving the refusal thereof to the said Jonas or his heirs, that the said Jonas his heirs Executors & Administrators to use & improve the whole of the said real estate during the natural lives of the said Simeon & Hannah or either of them according to the rules of good husbandry rendering & paying unto them during both their natural lives one half of the income & produce of the whole for their comfortable subsistence and maintenance during their lives as aforesaid each party to keep equal stock of creatures and pay equal taxes arising from said stock and farm and if the said Simeon shall decease before the said Hannah, then the said Hannah intituled to the profits of two good cows & three sheep & a horse to ride to meeting, and to only one quarter of the whole produce aforesaid as long as she shall remain the said Simeons widow the said Jonas with his family to live in and improve (together with the said Simeon & Hannah) one half of the buildings now standing on said real estate and the said Jonas is to provide good sound wood cut fit for the fire at their door sufficient for the life of the said Simeon & Hannah so long as either of them lives and it is agreed by the parties that if they shall mutually agree to and think it is for their interest to sell the aforesaid farm & purchase another then the farm so purchased shall be under the same provisos, considerations & reservations as the premises herein mentioned and the said Jonas may at any time with the consent of the said Simeon and Hannah or such of them as shall be living sell any part or the whole of the unreserved half of the premises and at the decease of the said Simeon and Hannah the said Jonas or his heirs shall decently enter them at his own expense. The premises are bounded as follows viz, Northerly partly on Capt Zach Gates land partly on Jesse Davis and partly on Rev Joseph Buckminster, land Westerly on a road leading from Lt. Simon Phelps to Wd Dameras Gates & Southerly on said Wd Gates land Easterly on George Bruces land till it comes to a four rod road that leads from David Henry's to the said Simeon's house then on said road till it comes to the road that leads from the said Bruces to Rutland Meeting House then on Capt Zache Gates land till it comes to the bounds first mentioned always the farm & buildings now posessed by Capt. John Phelps within the bounds above mentioned containing about fifteen acres reserving also the roads laid through the premises said farm contains one hundred & six acres by [?] be the same more or less - To have & to hold the said land & premises unto the said Jonas his heirs and assigns one half for quantity and quality of the above described premises upon the ensealing hereof as an absolute estate of inheritance [?] simple and at and upon the death of the said Simeon and Hannah the other half to be to him the said Jonas his heirs and assigns forever if the said Simeon and Hannah shall not convey the same away during their natural lives as before mentioned out of absolute necessity and the said Simeon & Hannah for themselves their heirs executors and Administrators do covenant to and with the said Jonas his heirs and assigns that they are lawfully seizd of the premises and that they have good right to convey the same as aforesaid and it shall and may be lawful for the said Jonas to enter in and take posession of the whole of said Real Estate agreeable to the foregoing provisions conditions and reservations and that upon his fulfilling said conditions they will warrant and defend the same to him the said Jonas his heirs and assigns against the lawful claims and demand of all persons whatsoever in witness whereof the said

Simeon & Hannah have hereunto set their hands and seals the day and year first written. Simeon Stone Hannah Stone signd seald & deliverd in presence of us Levi Brown Eliahim Davis Worcester August ye 23 1781 Simeon Stone & Hannah Grantors in this instrument appeared personally & acknowledged the same to be their voluntary act & deed before John Frink Jus Pacis Recd April 4th 1787 Entered & Examined Mr Danl Clap Regr