The instrument's own words
page 1
478 Know all men by these presents, that I John W. Sherman of
South Kingstown, County of Washington in the State of Rhode Island
for neat and valuable consideration of the sum of fifty dollars to me paid by
Benjamin A. Black of said South Kingstown the receipt of which I
do hereby acknowledge, have remised released and forever quitclaimed
unto the said Benjamin A. Black his heirs and assigns forever all the
right title, interest, property claim, & demands which I now have or
of right ought to have or claims, in and to a certain lot of land
situated and described in said County known as the downstream part
of James Benning's dwelling which passed into my hands by my wife, Elizabeth
A. W. Sherman deceased, for a more particular description of said
premises reference is made to former deeds of the same, or survey said description
To have and to hold the same with all the rights privileges and
appurtenances to the same belonging to the said Benjamin A. Black,
in his heirs and assigns forever.
And I the aforementioned John W. Sherman
for myself and for my heirs, executors and administrators, do covenant
with the said Benjamin A. Black his heirs and assigns, that I undertake
warrant to defend the aforementioned premises to the said Benjamin A.
Black his heirs and assigns forever against all persons claims and
demands of all persons claiming by through or under me.
In testimony whereof I have hereunto set my hand and seal
this 13th day of May AD 1879 John W. Sherman L.S.
In Presence of
Benja. W. Case
State of Rhode Island sc
Washington ss | On this thirteenth this 13th day of
May 1879 John W. Sherman personally appeared before me and acknowledged
the foregoing instrument by him signed to be his free and voluntary act and
deed Benja W. Case
Notary Public.
Received for Record June 18th 1879
at 15 minutes past Eleven oclock A.M.
and Recorded by Chas Cross
Town Clerk
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45
on foot and with vehicles, to and from the northerly line of the above described
premises, over and across the adjoining premises of Alvin J. Fortune, and Josephine
H. Fortune, and thence over said driveway to and from Main Street. More great
of the aforesaid right of way is made as appurtenant to said home-stead Frank J.
Capalbo land, and in consideration of the grant of this right of way by Alvin J. Fortune and Josephine
A. Fortune to said Frank J. Capalbo, which deed bears date of March 30, 1955, and is
Recorded in the Land Evidence Records of said Town of Westerly, in Book No. 63 at
Page 627.
This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER of SALE;
provided, however, that a foreclosure sale may be held upon the premises or elsewhere at the
option of the mortgagee, as specified in the notice of such sale.
This mortgage is made subject to those additional agreements and covenants contained in
that instrument entitled ADDITIONAL COVENANTS OF MORTGAGORS OF THE WASHINGTON TRUST COMPANY,
that instrument executed herewith by the mortgagor, a copy of which has this day been received by the mortgagor,
the exact terms of which are on record in said Town of Charlestown, in Land Evidence Records
Book 34 at pages 369 and 370, and in said Town of Westerly, in Land Evidence Record Book 73 at
Page 495 et seq. Said agreements and covenants are by reference made part of this mortgage, and
if default shall be made in the observance or performance of any of the same, it shall be lawful
for the mortgagees to sell the above described premises pursuant to said STATUTORY POWER of SALE.
And for the consideration aforesaid, I, Josephine H. Capalbo, wife of the mortgagor herein,
release to the mortgagee all my right of dower and all other rights, statutory and otherwise, in
the aforementioned premises. WITNESS our hands this 29th day of June 1955.
Executed in presence of
Alfred C. Baker
FRANK J. CAPALBO
JOSEPHINE H. CAPALBO
STATE OF RHODE ISLAND
County of Washington.
In Westerly, R. I. on the 29th day of June 1955, before me personally appeared the above
named Frank J. Capalbo and Josephine H. Capalbo, husband and wife, both 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.
ELEANOR B. HALL (Notarial Seal)
Notary Public
Received for record July 1st, A. D. 1955 at 9:02 o'clock, a. m., and recorded by
[Signature]
Town Clerk
DISCHARGE OF MORTGAGE
THE WASHINGTON TRUST COMPANY, of Westerly, Rhode Island, Having received full payment and
satisfaction of the within mortgage, recorded in the Land Evidence Records in the Town of Charles-
town, R. I. in Real Estate Mortgage Book Number 35 Page 44-45 does hereby cancel and discharge the
same.
IN TESTIMONY WHEREOF, said Company has caused these presents to be signed and its Corporate
Seal to be hereunto affixed by David Robertson its Treasurer duly authorized, this 17th day of
April, A. D. 1958.
THE WASHINGTON TRUST COMPANY (Corporate Seal)
Signed and sealed in
presence of:
John B. Mudge
By David Robertson
Its Treasurer
Received for record April 21st, A. D. 1958 at 9:05 o'clock, a. m., and recorded by
[Signature]
Town Clerk
The page as recorded
