The instrument's own words
page 1
Know all men by these Presents that I Henry
K. Gardner of the town of South Kingstown in the county
of Washington and state of Rhode Island, for and in
consideration of the sum of thirteen Hundred (1300) dollars
well and truly paid by Abby G. Griffin of the town of
North Kingstown county of Washington and state aforesaid the
receipt whereof I hereby acknowledge witnessed by these Presents
do sell grant bargain sell convey and confirm unto the
said Abby G. Griffin her heirs and assigns forever, a
certain tract of land with a dwelling house and other
improvements thereon standing situate lying and being
in the town of Charlestown in the county and state aforesaid
and lying on the North side of the Post Road, so called
and bounded as follows, to wit Firstly on land formerly
belonging to the heirs of Anne and Rhoda Kenyon;
Easterly on land of Eunice Kealey and land of George
Hollinston; Southerly by the Post Road and Westerly on
land of the heirs of Anne Mills, deceased, or houses
thereon bounded containing by estimation twenty acres
be the same more or less. Also a certain other tract of
land lying being and being in the said town of Charlestown
the same being a tract of small wood meadow lying
North of Charlestown Rd, and Southwest of the Berry
lot containing six acres more or less, reference
being had to the land records of said town of Charlestown
for a description of the bounds thereof. Being
the same parts of land & the said Henry K. Gardner
purchased of said Abby G. Griffin by deed bearing
even date herewith reference thereto being hereby made
and had. To have and to hold the said granted
and bargained premises with all the privileges and appurten
tenances to the same belonging, or in any wise appertaining
to the said grantee her heirs and assigns forever, And
I the said grantor for myself and my heirs executors
and administrators, do covenant, to land with the said
grantee her heirs and assigns that at all and before the
ensealing hereof I am the lawful owner of the above
bargained premises and am seized and possessed
of the same, in my own rights as good perfect and
absolute estate of inheritance in fee simple; and
have good right to sell convey and confirm the
said bargained premises in manner aforesaid.
And that the said demised and bargained Premises
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160
with the appurtenances are free from all encumbrances, of what
name or nature soever, that might in any measure or degree
obstruct or make void this present deed.
Furthermore I the said grantor for myself and my
heirs, executors and administrators do covenant and engage
the above described premises to the said grantee her heirs and
assigns against the lawful claims or demands of any
person or persons whatever, forever to warrant, defend
and defend by these Presents. And I Mary K. Gardiner wife
of said Keany K. Gardiner in consideration of the sum paid
as aforesaid, do hereby release and forever quitclaim unto the
said grantee her heirs and assigns all my right of dower in
and to the aforementioned premises.
The execution of
this deed is such, that whereas the said Keany K. Gardiner
have executed my negotiable promissory note for the sum
of fifteen hundred Dollars bearing date herewith and
made payable to the said Obadiah Griffin or order five
years after date with interest payable conventionally
in advance at the rate of five per centum per annum.
Now therefore if the said grantor or any other person for
me shall pay said note at maturity together with the
interest thereon according to the tenor thereof then this deed
shall be void, otherwise shall be and remain in full force
and effect. Furthermore are the said Keany K.
Gardiner and Mary K. Gardiner do hereby constitute and
appoint the said grantee her executors, administrators and
assigns as Attorneys irrevocable, with full power of
substitution and revocation for us and in our name or in
their name or names at any time, in case default shall
be made in the payment of said note or of the annuities
insured due thereon, and such default shall continue for
a term of ten days, to sell at public auction the premises
aforesaid, or any part thereof the first giving twenty
days notice of such sale, and to have public handbills
printed in said Newport and in our name or in
their name or names to make and deliver to the purchaser
or purchasers thereof any deed or deeds that may be
necessary to vest in such purchaser or purchase an estate
in fee simple therein, and on sale thereof hereby granting
unto our said Attorneys power to continue or adjourn
such sale from time to time) we do authorize said Attorneys
to receive the amount the same may be sold for and, after
the payment of all the expenses incident to such sale
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or sales, to apply and appropriate the residue Thereof to the
payment of the amount of principal and interest of said note
hereby secured, (we hereby agreeing that in case of a sale for
default in the payment of said semiannual interest the
principal of said note shall be deemed due and payable on
the day of such sale) according to us or our heirs and assigns
for all time over and above the amount thereof we hereby
ratifying and confirming such sale or sales as may be
made or caused to be made by virtue hereof)
Furthermore we the said Henry H. Gardiner and Mary P.
Gardiner for ourselves and for our heirs executors administrators
and assigns do hereby covenant with the said grantor her
heirs or assigns that Insurance against loss by fire
shall be kept and maintained upon the buildings on
the premises aforesaid, in a sum not less than fifteen
hundred (1500) dollars, and that the Policy or Policies of
such Insurance shall be assigned and transferred to
the said grantor her heirs and assigns as collateral
security hereto, and in default thereof we hereby agree
That the said grantor her heirs or assigns may effect
such Insurance, and the premiums or premiums paid
thereon shall be a further lien when the said estate added
to the amount of said note and secured by these presents.
In Testimony whereof we have hereunto set our hands
and seals this first day of April Ad 1890
Signed sealed and delivered
in presence of
all comes & signatures
made before execution
George Rolland Henry H. Gardiner Sel.
Wm y & Ranks Mary P. Gardiner Sel.
State of Rhode Island
Washington ss.
April Ad 1890
of April Ad 1890
Washington ss.
before me)
him signed to be his free and voluntary act and
deed. And then and there on the same day also the
above named Mary P. Gardiner wife of said Henry H.
Gardiner personally appeared before me, and being by
me examined fully and apart from her said husband
she acknowledged the within deed, which was by me
shown and explained to her to be her free act and
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162
voluntary act and deed, and declared to me that she did not wish
to retract the same,
George L. Barnes
Notary Public
Received for record May 17th 1890 at 11 oclock A.M.
and recorded by George L. Barnes Town Clerk
Having received full payment and satisfaction I hereby
cancel and discharge this mortgage deed.
In testimony whereof I have executed my hand and
seal this eighteenth day of May AD 1878
In presence of
Edward J. Joyce
Abby Lebrunner Lbr
[illegible]
discharge recorded May 17th 1890 by George Barnes
Town Clerk
Know all men that I Samuel B. Hoxie Jr of Charleston
R.I. administrator on the estate of Daniel Brines late of same
Charleston deceased by virtue of authority vested in me by
the Court of Probate of said town of Charleston and for me
in consideration of the sum of thirty five dollars one cent paid
by John B. Brannes of said Charleston the highest bidder
at a public auction of the estate hereby convey to the 7th
day of May 1890 the receipt whereof I do hereby acknowledge in my capacity sell and convey unto
the said John B. Brannes his heirs and assigns forever
all the right title and interest which said Daniel Brines
at the time of his decease had in and to a certain tract
of land in said Charleston known as the "Freeden land"
Bounded on the North by land of James N. Kenyon, East
and West by the Freeden Land and North by a highway or
however otherwise bounded, and contains eleven days
more or less To have and to hold the aforementioned premises
with all the privileges and appurtenances thereof to his
said John B. Brannes his heirs and assigns forever, to his
and their only use benefit and behalf And I do hereby
covenant and agree to land with said John B. Brannes his
heirs and assigns that I will warrant and defend the
same against the lawful claims of all persons claiming
by through or under me.
In witness whereof I have hereunto in my said capacity
set my hand and seal this 17th day of May 1890
In presence of
George L. Barnes
Samuel B. Hoxie Jr Ad
Administrator
The page as recorded
