The instrument's own words
page 1
368 and their heirs and assigns forever.
In witness whereof we have hereunto set our hands
and seals this said 6th day of August in the year of our
Lord one thousand eight hundred and ninety seven AD 1897
Signed and sealed:
[Signature]
by [Signature]
Albert L. Babcock L.S.
Louisa L. Babcock L.S.
State of Rhode Island
County of Washington
ss.
Before me E. Kenyon on this sixth day of
August AD 1897 personally appeared Albert
L. Babcock and Louisa L. Babcock to me known & known
and known me are to be the parties sealing the foregoing
instrument and their acknowledged said instrument by
them executed to be their act and deed.
Coram: E. Kenyon [Signature] Notary Public
Received for record August 24 1897 at 1 oclock A.M.
and recorded by George Gale word Town Clerk
To all People to whom these Presents shall come I James
Gardner of Westerly in said Washington County in the State
of Rhode Island hereinafter called the grantor, Send Greeting:
Know ye, that I the said grantor for and in consideration of the
sum of five hundred dollars to me in hand, before the executing
hereof well and truly paid by Frank E Brown of Charlestown
in said Washington County hereinafter called the grantee,
the receipt whereof I do hereby acknowledge, and then present
fully satisfied contented and paid: and therefore of and every
part and parcel thereof, do remise quit and discharge the
said grantee his heirs, executors and administrators forever by
these presents, have given, granted, bargained, sold, aliened,
enfeoffed, conveyed and confirmed, and these presents do
hereby fully and absolutely give, grant, bargain sell, alien,
enfeoff, convey and confirm unto the said grantee his heirs
and assigns forever, all the real estate situated in said county
then & the rights & privileges conveyed to me by deed of even
date herewith from said Frank E Brown, reference thereto
being hereby had and made for a more full & particular
description thereof. To have and to hold the said granted
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and bargained premises, with all the appurtenances, privileges and
commodities to the same belonging, or in any wise appertaining
to the said grantee his heirs and assigns forever to his and their
only proper use, benefit and behoof of themselves. And I the said grant-
or for myself, my heirs, executors and administrators, do covenant,
promise and grant to and with said grantee his heirs and
assigns, that at and before the sealing hereof I am the true, sole
and lawful owner of the above described premises, and am
lawfully seized and possessed of the same in my own proper
right being, and perfect and absolute estate of inheritance in
fee simple, and have in me the good right full power and
lawful authority to grant unlink sell, convey and confirm
the said bargained premises in manner as aforesaid, And
that the said grantee, his heirs and assigns, shall and may,
from time to time, and at all times forever, peaceably, free and
quietly and without molestation, amply, innocently and quietly,
have, hold use, enjoy, possess and enjoy the said devised
and bargained premises, with the appurtenances there with
clear and freely and clearly acquitted, exonerated and
discharged of and from all and every manner of former or
other gifts, grants, bargains, sales, leases, mortgages, wills,
covenants, entries, dower, priory writs, executions and exam-
brances, 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, my heirs,
executors and administrators, do covenant and engage the
above described premises to the said grantee his heirs and
assigns against the lawful claims or demands of my heirs and
person or persons whatsoever, forever to warrant secul and
defend by these presents. And I Jessie Henblay
wife of said James Henblay in consideration of the sum paid
as aforesaid, do hereby release and forever quitclaim unto the
said grantee his heirs and assigns, all my right of dower
in and to the aforementioned premises.
The condition of this deed is such that whereas the said
James Henblay has agreed to pay the said Frank B. Blihen
five hundred dollars as soon as the said Blihen has fulfilled
his covenant as to a roadway contained in said deed of
even date herewith from said Blihen to said Jessy Henblay,
there being hereby had. Now therefore if said Blihen shall
fulfill his said covenant w. said Henblay shall immediately
pay said five hundred dollars upon said fulfillment, or
in case said Blihen shall not fulfill his said covenant
then this and shall be void, otherwise it shall be and remain
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370
in hull bone and flesh.
do hereby constitute and appoint the said trustee his executors,
administrators and assigns our Attorneys irrevocable, with full
power of substitution and revocation for us and in our name
or in this name or names at any time in case default shall
be made in the payment of said debt 1894, when due as aforesaid,
and such default in breach shall continue for the term of ten
days to sell at public auction the premises hereafter described, to any
part thereof, by first giving, after the expiration of said term of
ten days, twenty days notice of such sale in some one of the
Public newspapers printed in Newedly and in our name or
their name or names, to make, execute, seal, acknowledge
and deliver to the purchaser or purchasers thereof deed
or deeds that may be necessary to vest in such purchaser
or purchasers a full and absolute estate in fee simple
therein, and in all thereof, thereby enabling said trustee and said
Attorneys however to continue or employ any such sale from time
to time, and to authorize any such attorneys to advance the
amount the same may be sold for, and after the payment
of all the expenses incident to such sale or sales, to apply
and distribute the residue thereof to the payment of the
mortgage debt however according to us our heirs and
assigns, for all sums one and above the amount thereof,
we hereby ratifying, approving and confirming such sale
or sales as may be made or caused to be made by virtue
hereof. In testimony whereof we have hereunto set
our hands and seals this 21st day of August in the year of
our Lord one thousand eight hundred and ninety seven,
Signed, sealed and delivered
in presence of
James Gonlay L.S.
Jessie Gonlay L.S.
State of Rhode Island,
County of Washington be
In Newedly this 21st day of August A.D.
1897, James Gonlay and his wife Jessie Gonlay personally known
to me and known by me to be the persons who executed the
foregoing instrument personally appeared before me and
acknowledged the foregoing instrument, they declared to be
their free and voluntary act and deed.
Albert B. Braftery
Notary Public
Received for record August 26 1897 at 11-30 oclock A.M.
and recorded by George W. Lowe Town Clerk