The instrument's own words
page 1
404
CHARLESTOWN ESTATES, INC., a corporation duly incorporated under the laws of the
State of Rhode Island for the purpose of subdividing a tract of land in the town of Westerly, County of
Washington, and State of Rhode Island; for consideration paid, grant to FRANK P. FORMER,
MADGE C. FORMER and FRANK J. TURNER, all joint tenants and residents of the City of West Hartford, County of
Hartford and Commonwealth of Connecticut, joint tenants and not Tenants in common, meaning to the survivor,
with WARRANTY CONVEYANCE:
A certain tract or parcel of land called or known as Lot #50 being the westerly side of Ringnet
Avenue, as showed on a Quonocutcong Beach map in the Town of Charlestown, County of Washington
and State of Rhode Island land and bounded and described as follows, to wit:
Lot #50 as shown and delineated on a certain plat or page on plat, entitled "Plat of
Quonocutcong Highlands at Quonocutcong Beach Rhode Island, property of S. H. Davis, Leon B.
Holland, C. E. scale 1 inch = 100 feet, surveyed and plotted June 1950," said plat being duly
filed with the Land Evidence records of State of Rhode Island town of Charlestown.
In consideration of the purchase price it is understood and agreed that the allow-
ing restrictions and covenants shall run with the land for a period of twenty five (25) calen-
dary years from January 1, 1955.
The above described premises shall be used as a site for only one residence, single
family in character of a Class to not cost less than One Thousand ($1000) Dollars to be built in
accordance with the building line indicated 15 feet from street line; no portion of the home (porch
including) shall extend beyond said building line and no portion of any accessory building
building erected on this lot shall approach the side lines of said lot nearer than three
feet. The dwelling house shall be provided with modern sanitary facilities shall be erected thereon and all
toilets must be sanitary flush toilets and all toilets and sinks must drain into an approved
or septic tank.
The grantees, their heirs, executors, administrators, assigns, licensees, servants
or agents shall have the right in common with others to cross and over all lot No. 459
as shown on said plat, for all purposes, to and from the beach and the grantees, their heirs, execu-
tors, administrators, assigns, licensees, servants or agents shall have the right in common
with others to cross and over all lots at one time and for all purposes over certain lot
No. 539 and the private road way running parallel and extending from the highway over certain lot
No. 550, as all shown on said plat.
The grantees, their heirs, executors, administrators, assigns, licensees, servants
or agents shall have the right in common with others to cross and over, across and at all
times and for all purposes, lot #50 which is the right of way to Quonocutcong Pond and the right
to cross the private road way running parallel and extending to Beach Road from the highway as
is shown on a certain plan or plat entitled, "Quonocutcong Highlands, property of Charlestown
Estates, Inc. S.H. Davis, Leon B. Holland, C.E. said plan equals 50 feet, august 1940, Rosette
& Lewis, Engrs." Said plat to be filed with the Land Evidence records of State of Rhode Island,
town of Charlestown.
In consideration of the right and privileges to cross and recross Ringnet Avenue
to the public highway and other private roads and avenues leading to the various aforesaid
right of ways the grantees, their heirs, executors, administrators, assigns, licen-
sees, servants or agents hereby hold the grantors, its successors and assigns in indemnity
blameless from any damage or liability of any kind or nature due to the use of said drives,
streets, roads, or right of ways by the grantees.
IN WITNESS WHEREOF the said Corporation has caused these presents to be duly
signed by its President and Treasurer, respectively duly authorized, and the Corporate seal to
be hereunto affixed at Westerly, Rhode Island, this 7th day of April, A. D. 1941.
(CORPORATE SEAL)
CHARLESTOWN ESTATES, INC.
Howard E. Thorp
President
Nelson H. Thorp
Treasurer
(DOCUMENTARY STAMPS, 55¢)
STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
In Westerly RI on this 7th day of April, 1941, before me personally appeared Howard
E. Thorp, to me known and known by me to be the President of said Corporation, and Nelson
H. Thorp, to me known and known by me to be the Treasurer of said Corporation; and they
acknowledged and instrument by them executed to be the free act and deed of said corporation
and as well individually.
ROGER E. TRAINER (Notarial Seal)
Notary Public.
Received for record April 8th, A. D. 1941 at 9:00 o'clock, a.m. and recorded by
[Signature]
Town Clerk
page 2
332
southerly line of said highway; thence turning an interior angle of 90° and
running southerly four (4) feet to another bound; 57.20 chains (114.40')
another cement bound; thence turning a right angle and running easterly two
hundred eight (208) feet to another cement bound; thence turning a right angle
and running northerly four (4) feet to another bound; 56.80 chains (113.60')
to the point or place of beginning, said tract being bounded on the west, south
and by east and boundary line of this mortgage and on the north by said highway.
TO HAVE AND TO HOLD, the aforementioned premises, with all the privileges and
appurtenances thereto belonging, unto and to the use of said WAKEFIELD TRUST COMPANY, its
successors and assigns, forever.
And I, the said mortgagor do hereby, for myself, and for my heirs, executors, and
administrators, covenant with said WAKEFIELD TRUST COMPANY, its successors and assigns that
I am lawfully seized in fee simple of the said granted premises; that the same are free from
all incumbrances; that i have good right, full power and lawful authority to sell and convey
the same in manner as aforesaid; that said WAKEFIELD TRUST COMPANY, its successors and assigns,
shall be these presents at all times hereafter peaceably and quietly have and enjoy the said
premises, and that I, the said mortgagor will, and my heirs, executors and administrators
shall, warrant and defend the same to said Wakefield Trust Company, its successors and assigns,
forever, against the lawful claims and demands of all persons.
And for the consideration aforesaid, I, MARION G. WILSON, wife of Gratton H. Wilson,
do hereby expressly release all my right of dower in and to the said granted premises unto
said Wakefield Trust Company, its successors and assigns, forever.
PROVIDED, HOWEVER, and this CONVEYANCE is made upon the express condition,
that if I, the said mortgagor, or my heirs, executors, administrators or assigns, shall pay
unto said Wakefield Trust Company, its successors or assigns, the sum of Two Thousand Five
Hundred ($2,500.00) Dollars, whereasfor, I, the said mortgagor have made my/promissory note
for said aggregate sum, bearing even date with these presents and made payable to the order
of the said Wakefield Trust Company, one (1) year from the date hereof with interest thereon
at the rate of six (6%) per centum per annum, payable semi-annually in advance according to
the terms thereof until said principal sum is paid, whether that or at maturity, and all in-
stallments of interest in arrears, whether before or after maturity, to bear interest the an
rate aforesaid until paid, and shall also pay all taxes and assessments of every kind levied
and assessed upon or in respect of said premise, or in respect of said mortgage, which said
Wakefield Trust Company, its successors or assigns, may be called upon to pay, whether asses-
ed under statutes now in force or that may be subsequently enacted, then this deed as also
said promissory note shall become null and be absolutely void to all intents and purposes what-
soever.
BUT IF DEFAULT shall be made in the payment of the said principal sum or of said
interest at the time or times and in the manner aforesaid, or of the taxes or assessments
aforesaid, as the same become payable, or of any either of them, or of any part thereof,
or if breach shall be made of the covenant for insurance hereinafter contained, then it shall
be lawful for said Wakefield Trust Company, its successors or assigns, to sell, together or
in part parcels, all or singlular, the premises hereby granted, or intended to be granted, or any
part or parts thereof, and the benefit and equity of redemption of the said mortgagor and
Marion G. Wilson, their executors, administrators and assigns, their estate, at public auction, and
to bid for and to become the purchaser or purchasers at any such sale, (and no other purchaser or
purchasers shall be an anniversary of the application of the purchase money), first giving notice
of the time and place of sale by publishing the same at least once each week for three suc-
cessive weeks in some newspaper published in Washington County, said State of Rhode Island, with
power to adjourn such sale from time to time, provided that the publishing of said notice shall
be continued, together with a notice of the adjournment or adjournments, at least once each
week in the same newspaper; and said sale to be upon the premises or elsewhere as specified
page 3
333
in such notice; and ini s their own name or names, or as the attorney or attorneys of
the said mortgagor and Marion G. Wilson (for that purpose by these presents duly authorized
and appointed with the full power of substitution and revocation), to make, execute and deliver
to the purchaser or purchasers at such sale or sales a good and sufficient deed or deeds of
said premises is fee simple; and to receive the proceeds of such sale or sales, and therefrom to
retain all sum hereby secured, whether then due or in the future shall due thereafter, or the part
thereof then remaining unpaid, and also the interest there due on the same, together with all
expenses incident to such sale or sales, and all counsel fees and other expenses, incurred in,
or in any way connected with the exercises of these powers, and all taxes, and assessments as
aforesaid, and all premiums for insurance, if any, either theretofore paid by said Wakefield
Trust Company, its successors or assignees, or then remaining unpaid, and rendering the paying
and supplying of said proceeds of sale, if there be any, above and over the sums to be retained
as aforesaid, together with a true and particular account of such sale, or sales, expenses and
charges, to the said mortgagor and Marion G. Wilson, their heirs, executors, administrators,
or assignees, which sale or sales as aforesaid shall forever be a perpetual bar both in law and
equity against the said mortgagor and Marion G. Wilson, their heirs, executors, administrators
and assignees, and all persons claiming said premises, so sold, by, under or from them, under, or
any of them.
AND I, the said mortgagor, for myself and for my heirs, executors, administrators
and assignees, hereby covenant with said Wakefield Trust Company, its successors and assignees
that i or my will upon request execute such deed or deeds confirming the sale of such sales or
as may be necessary or advisable.
AND FURTHERMORE, I, the said mortgagor, for myself and for my heirs, executors, administrators and assignees, that insurance against loss by fire shall be kept and maintained on the buildings on
the premises aforesaid, in such office or offices as said Wakefield Trust Company, its successors
and assignees, shall approve, in a sum not less than Two Thousand Five Hundred ($2,500.00) Dollars
that the policy and the policies of such insurance upon said buildings shall be assigned and
transferred, or made payable in case of loss, to said Wakefield Trust Company, its successors
and assignees, as collateral security hereto and, in default thereof, hereby agree that said Wake-
field Trust Company, its successors and assignees, may effect such insurance either in its or their
own name, or in the name of the said mortgagor, his heirs or assignees, and that the premi-
ums paid therefor shall be a further charge upon said granted premises, secured by these pre-
sents as aforesaid.
IN WITNESS WHEREOF we have hereto set our hands and seals this 1st day of June
A. D. one thousand nine hundred and thirty eight.
Signed, sealed and delivered } GRAFTON M. WILSON (L. S.)
in presence of } MARION G. WILSON (L. S.)
FRANKE L. CRANDALL
STATE OF RHODE ISLAND }
County of Washington,) }
In So Kingston the 1st day of June A. D. 1938 before me personally appeared the
above named Grafton M. Wilson and Marion G. Wilson to me known and known by me to be the parties
executing the foregoing instrument, and they severally acknowledged said instrument, by them
executed, to be their free act and deed.
FRANK L. CRANDALL, Estatary Public (SEAL)
Received for record June 6th, A. D. 1938 at 5:00 o'clock, p. m., and recorded by
The WAKEFIELD TRUST COMPANY in South Kingston, having received full payment of the principal and interest of the
within mortgage, does hereby cancel and discharge the same. IN TESTIMONY WHEREOF said Trust Company has
hereunto set its seal, and caused its corporate seal to be affixed to the instrument, and the same to be signed by the officer
thereof, duly authorized this 31st day of March A. D. 1950
Signed and Sealed in presence of Margaret R. Baker WAKEFIELD TRUST COMPANY (L.S.)
Leroy C. Whitford, Asst. Treas. Town Clerk
Discharge received for record April 4th, A. D. 1950 at 9:00 o'clock, a. m., and recorded by