8/21/1943 · DEED · book 29 page 101 doc 58@29/101

CHARLESTOWN ESTATES, INC., a corporation duly incorporated under the laws of the State of Rhode Island, and having a place of business in the Town of Westerly, County of Washington, State of Rhode Island, for Consideration paid grant to Mary A. Wilbur and Fred- erick S. Wilbur husband and wife and Anna A. Wilbur all of the Town of Stonington, County of New London and State of Connecticut as joint tenants and tenants in common, meaning to the survivor, with WARRANTY COVENANTS. Three certain tracts or parcels of real estate two of them located on the southerly side of Ocean View Avenue so called and one on the Easterly side of Highland Road so called all at Quonsetuchong Beach in the Town of Charlestown, County of Washington and State of Rhode Island bound and described as follows, to wit: Number four hundred and sixty and sixty (460) four hundred sixty-one (461) and four hundred sixty-six (466) as shown and delineated on a certain plan or plat entitled "Plat of Q. --- East Beach at Quonsetuchong Beach Rhode Island, property of S. H. Davis, Inc., L. L. Holland, C. E., Scale one inch equals 100 feet, Revised July, 1934", said plat being duly filed with the Land Evidence Records of said Town of Charlestown. In consideration of the purchase price it is understood and agreed that the follow- ing restrictions and reservations shall apply to and run with the land for a period of twenty years from January 1, 1935. The above conveyed premises shall be used as a site for only one residence on each lot hereby conveyed, said residence to be of a class to cost not less than One Thousand (1000) Dollars to be built in accordance with the building line 25 feet from street lines (no portion of the house porch included) shall approach the street nearer than said building line and no portion of any building erected on this lot shall approach the side lines of said lot nearer than three (3) feet; no detached garage or other building or buildings shall be erected there- on and all toilets must be sanitary flush toilets and all toilets and sinks must drain into cesspool or septic tank or tanks. The grantees, their heirs, executors, administrators, assigns, licensees, servants or agents shall have the right in common with others to cross over and across Lot No. 469 as shown on said plat, from Atlantic Avenue to the beach and the grantees, their heirs, executors, administrator, assigns, licensees, servants or agents shall have the right in common with others to cross and recross at all times and for all purposes over that certain Lot No. 538 on said plat and the twenty-five foot right of way leading from the highway to said lot, all as shown on said plat. IN WITNESS WHEREOF, the said Corporation has caused these presents to be signed by its President and Treasurer, hereunto duly authorized, and the corporate seal to be hereunto affixed at Westerly, Rhode Island this 17th day of January A. D. 1939. (Corporate Seal) (INTERNAL REVENUE STAMP, $1.00) CHARLESTOWN ESTATES, INC. Howard N. Thorp President Nelson H. Thorp Treasurer STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly, on this 17th day of January, 1939 before me personally appeared Howard N. 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 acknowledge said instrument to be then executed to be the free act and deed of said Corporation and as well individually. (Notarial Seal) MARY R. MILLEN, Notary Public. Received for record January 19th, A. D. 1939 at 3o5 o'clock, p. m., and recorded by [?] Town Clerk

502 STATE OF RHODE ISLAND &c County of Washington PROBATE COURT OF THE Town of Hopkinton Estate of SAMUEL R. AVERY, deceased January 13, 1939. I, [?] hereby CERTIFY that the annexed five pages is a true copy of the Last Will and Testament of Samuel R. Avery, late of the Town of Hopkinton, Rhode Island, deceased. Said Will was duly admitted to Probate in the Probate Court of the Town of Hopkinton on the 1st day of December A. D. 1938 and recorded in Probate Records of said court in Volume 18 in Book No. 23 at Pages Nos. 212, 213 and 214, in said Town of Hopkinton, Rhode Island. As witness my hand and seal of said Court the day and year first above written. EDWARD N. BOTTELS, Jr. Clerk. RECORD OF THE LAST WILL AND TESTAMENT OF SAMUEL R. AVERY I, SAMUEL R. AVERY, of Hopkinton, County of Washington, State of Rhode Island, being of sound and disposing mind and memory, do make, publish and declare this my LAST WILL AND TESTAMENT in manner and form as follows: FIRST, I hereby direct my EXECUTORS hereinafter named to pay all my just debts and funeral expenses as soon as may be after my decease. SECOND, I direct my EXECUTORS to have created on my burial lot a suitable headstone and markers. THIRD, I give and bequeath to my beloved wife, Ethel B. Avery, for and during the term of her natural life, the use, rent and income of the tenement in the house now belonging to me and occupied by my wife and me, located in the village of Hope Valley, Town of Hopkinton, County of Washington, State of Rhode Island, as said tenement is now occupied, used and employed; with the right to the use of the garage for one automobile, with all the rights and privileges of said garage for said use and purpose, with the right to the use of the driveways and approaches for their proper enjoyment for said purpose and privilege, and for during the term of her natural life. And after the decease of my beloved wife, Ethel B. Avery, I give, devise and bequeath said house and said garage to my son, Kleber R. Avery, to him, his heirs and assigns forever. FOURTH: To my beloved wife, Ethel B. Avery, I give and bequeath all household furniture and furnishings in said tenement as now used, occupied and employed by my wife and me, to her, her heirs and assigns forever. FIFTH, It is my wish and will and I hereby direct that the tenement herein given to my wife, Ethel B. Avery, and for during the term of her natural life, shall be heated and lighted and kept in repair and taxes paid and insurance maintained by my son, Kleber R. Avery. SIXTH, To my beloved wife, Ethel B. Avery, I give, devise and bequeath the house and two lots belonging to me, located in the Town of Charlestown, County of Washington, State of Rhode Island, with all the contents contained in said house, to her, her heirs and assigns forever. SEVENTH, To my beloved wife, Ethel B. Avery, I give and bequeath the automobile belonging to me at the time of my decease, to her, her heirs and assigns forever. EIGHTH, To my beloved wife, Ethel B. Avery, I give and bequeath the yearly income of eight hundred dollars per year and for during the term of her natural life; the said yearly income of eight hundred dollars per year to be paid by my sons, Elwot T. Avery and Kleber R. Avery, their heirs and assigns, to my beloved wife, Ethel B. Avery, as follows: One hundred fifty dollars per month for each and every month and for during the term of her natural life, they my said sons, to contribute equally, that is, seventy-five dollars each per month to the payment of this sum to my wife, Ethel B. Avery, each and every month; and I make this monthly payment to my wife for and during the term of her natural life, a charge upon the real and personal estate devised and bequeathed to my two sons, Elwot T. Avery and Kleber R. Avery, in this my last will and testament.

503 NINTH, - I make the provisions in this my last will for my beloved wife, Ethel B. Avery, out of my estate, in lieu of her dower and other rights in my estate. TENTH, - To my son, Kleber R. Avery, I give, devise and bequeath all the rest and residue of my estate, real, personal and mixed, located in Hope Valley, Town of Hopkinton, County of Washington, State of Rhode Island, including the business of funeral directing in which my said son is associated with me as partner, and known as S. R. Avery and Company, to him, his heirs and assigns forever. ELEVENTH, - To my son, Kleber R. Avery, I give, devise and bequeath a one-quarter interest in the personal property and funeral directing business conducted by me (Samuel R. Avery) and my son Almot T. Avery, on the Town of Westerly, County of Washington, State of Rhode Island, and known as the Charles H. Gavitt Company, located at No. 46 Granite Street in said Town of Westerly, together with the one-quarter interest in the real estate owned by me (Samuel R. Avery) and my son, Almot T. Avery, located as aforesaid in said Town of Westerly, to him, his heirs and assigns forever. TWELFTH, - To my son, Almot T. Avery, I give devise and bequeath the remaining one-quarter interest belonging to me in the real estate located as aforementioned in said Town of Westerly, together with the remaining one-quarter interest in the personal property and funeral directing business, now carried on as the Charles H. Gavitt Company in said Town of Westerly by me (Samuel R. Avery) and my son, Almot T. Avery, to him, his heirs and assigns forever. THIRTEENTH, - All the rest and residue of my estate, real, personal and mixed and wherever situate of which I may die seized, possessed or entitled, I give, devise and bequeath to my two sons, Almot T. Avery and Kleber R. Avery, to them their heirs and assigns forever, share and share alike, subject however, as herein provided, to the payment of said one hundred and fifty dollars to my beloved wife, Ethel B. Avery, each and every month for and during the term of her natural life. LASTLY, - I hereby nominate, constitute and appoint my two sons, Almot T. Avery and Kleber R. Avery, EXECUTORS, or the survivor, EXECUTOR, of this MY LAST WILL AND TESTAMENT; and hereby provide that personal bond be required of them to carry out and fulfill the provisions contained in this MY will and all further wills by me made, no dame, to make, publish and declare this and only this as and for MY LAST WILL AND TESTAMENT. IN WITNESS WHEREOF I have hereunto set my hand and seal at Westerly, County of Washington, State of Rhode Island, this seventy (7th) day of March, in the year of our Lord, one thousand nine hundred and thirty-two, (1932). Samuel R. Avery (L. S.) Signed, Sealed, published and declared by the within-named Testator, SAMMUEL R. AVERY, as and for HIS LAST WILL AND TESTAMENT, in our presence, who, at his request, in his presence and in presence of each other hereunto set our names as witnesses: Merton B. Lewis, Jr. 42 William St. Westerly, R. I. Louis J. Rossi Gast Ave. Westerly, R. I. Oliver H. Williams Westerly, R. I. STATE OF RHODE ISLAND, WESTERLY, County of Washington, So 7th March seven(ty) (7th) 1932. A. D. The within-named MERTON B. LEWIS, JR., LOUIS J. ROSSI and OLIVER H. WILLIAMS, all of Westerly, County of Washington and State of Rhode Island, being duly sworn, depose and say; That they witnessed the within-named Testator, Samuel R. Avery, and subscribed the same in his presence and at his request and in the presence of each other: That the said Samuel R. Avery at the time of the execution of said will, appeared to them to be of full age and of sound mind and memory; and that he signed said will and declared the same to be his LAST WILL AND TESTAMENT.

In their presence; And that they make this affidavit at the request of said Testator. Merton B. Lewis Jr. Louis J. Rossi Oliver H. Williams Subscribed and sworn to at the request of the witness within named Testator, Samuel R. Avery, the day and year above written. Before me, Rogers S. Trainer (L.S.) Notary Public Attest: Elmer S. Kenyon Probate Clerk. Received for record January 20th A. D. 1939 at 11:00 o'clock, a. m., and recorded by [signature] Town Clerk ---- M O R T G A G E KNOW ALL MEN BY THESE PRESENTS: That Alfred Y. Pearson and wife Ethel Pearson, of Cumberland, R. I. hereinafter called the Mortgagors in consideration of the premises and of the sum of Eighteen Hundred Seventy and 44/100 Dollars ($1879.44), paid to him by R. I. Lumber Company, a Rhode Island corporation, hereinafter called the Mortgagee, the re- ceipt whereof is hereby acknowledged, does hereby give, grant, bargain, sell and convey un- to the Mortgagee, its successors and assigns, forever, all that certain real estate located in the County of Washington, Town of Charlestown and State of Rhode Island, described as follows: DESCRIPTION OF PREMISES. That parcel or tract of land or parcel of land with all the buildings and improvements thereon, laid out and delineated as Lot No. 116 on that plat entitled "Sea Lea Colony in Charlestown and South Kingstown, property of E. H. Remeke, surveyed and plated in 1935" being a plan made by E. H. Remeke, Civil Engineers", which plat is recorded in the office of the Town Clerk of said Town of Charlestown, hereafter referred to as the "Plat", being all that piece of land situated at the southeasternmost corner of Sea Lea Avenue and First Street and bounded and described as follows: Beginning at a stone boundary marker or stone bound set thirteen feet (13) east easterly from the easterly line of the Charles- town bound and in the intersection of Sea Lea Avenue and First Street, thence easterly along the southerly line of Sea Lea Avenue, a hundred twenty-one (121) feet to the northeasterly corner of the hereby conveyed tract; commencing at this northeasterly corner and thence running south easterly along the easterly southerly line of Sea Lea Avenue thence southerly at a right angle a distance of fifty (50) feet thence westerly along the easterly line of First Street and southerly Sea Lea Avenue thence southerly along the easterly line of First Street fifty (50) feet to the point of beginning at the northeasterly corner of the hereby conveyed tract. This conveyance is made subject to the following covenants, reservations, grants/or re- strictions: 1. Only a private residence, including a private garage (not to be used as a residence), shall be erected, placed, maintained, or permitted upon said tract of land or any part thereof; no tenement house shall be constructed toilet structure erected thereon; no building shall be erected upon said tract of land or any part thereof, with the exception of the westerly boundary line, nor within 15 feet of the southerly and easterly boundary, nor within 5 feet of the southerly and easterly bounda- ry lines. The plans and specifications of all buildings erected or to be erected must be approved by the Grantor 2. Said premises, or any part thereof, shall not be used for any trade or business or commercial purpose of purposes, or for any public purpose whatsoever. 3. In case of condemnation, sale or foreclosure said Grantor shall be given thirty days' notice in writing and shall be and have the option to pur- chase the same at the highest bona fide price made and actually offered to the said Grantee, his heirs and assigns.

In their presence; And that they make this affidavit at the request of said Testator. Merton B. Lewis Jr. Louis J. Rossi Oliver H. Williams Subscribed and sworn to at the request of the witness of the within named Testator, Samuel R. Avery, the day and year above written. Before me, Rogers S. Trainer (L.S.) Notary Public Attest: Elmer S. Kenyon Probate Clerk. Received for record January 20th A. D. 1939 at 11:00 o'clock, a. m., and recorded by [signature] Town Clerk ---- M O R T G A G E KNOW ALL MEN BY THESE PRESENTS: That Alfred Y. Pearson and wife Ethel Pearson, of Cumberland, R. I. hereinafter called the Mortgagors in consideration of the premises and of the sum of Eighteen Hundred Seventy and 44/100 Dollars ($1879.44), paid to him by R. I. Lumber Company, a Rhode Island corporation, hereinafter called the Mortgagee, the re- ceipt whereof is hereby acknowledged, does hereby give, grant, bargain, sell and convey un- to the Mortgagee, its successors and assigns, forever, all that certain real estate located in the County of Washington, Town of Charlestown and State of Rhode Island, described as follows: DESCRIPTION OF PREMISES. That parcel or tract of land with all the buildings and improvements thereon, laid out and delineated as Lot No. 116 on that plat entitled "Sea Lea Colony at Charlestown and South Kingstown, property of E. H. Bemke, surveyed and plated in 1935" being a plan drawn by E. H. Bemke, Civil Engineers", which plat is recorded in the office of the Town Clerk of said Town of Charlestown, hereafter referred to as the "Plat", being all that piece of land situate at the southeasternmost corner of Sea Lea Avenue and First Street and lying bound and described as follows: Beginning at a stone boundary stone bound set seventeen (15) feet easterly from the easterly line of the Charles- ton boundary and running thence south forty degrees ten minutes east eighty easterly along the southerly line of Sea Lea Avenue, two hundred twenty-five (225) feet to the northeasterly corner of the hereby conveyed tract; commencing at this northeasterly corner and running thence south forty degrees ten minutes southerly line of Sea Lea Avenue thence southerly at a right angle a distance of fifty (50) feet thence westerly along the southerly line of First Street thence northerly along the easterly line of First Street Fifty (50) feet to the point of beginning at the northeasterly corner of the hereby conveyed tract. This conveyance is made subject to the following covenants, reservations, grants/or re- strictions: 1. Only a private residence, including a private garage (not to be used as a residence), shall be erected, placed, maintained, or permitted upon said tract of land; and further that no tenement or building shall be constructed upon said tract of land, without the consent in feet of the westerly boundary line, nor within 15 feet of the southerly and easterly bound- ary lines. The placement and construction of all buildings erected or to be erected must be approved by the Grantor 2. Said premises, or any part thereof, shall not be used for any trade or business or commercial purpose of purposes, or for any public purpose whatsoever. 3. In case of condemnation, sale or foreclosure said Grantor shall be given thirty days' notice in writing and shall have the option to pur- chase the same at the highest bona fide price made and actually offered to the said Grantee, his heirs and assigns.

In their presence; And that they make this affidavit at the request of said Testator. Merton B. Lewis Jr. Louis J. Rossi Oliver H. Williams Subscribed and sworn to at the request of the witness of the within named Testator, Samuel R. Avery, the day and year above written. Before me, Rogers S. Trainer (L.S.) Notary Public Attest: Elmer S. Kenyon Probate Clerk. Received for record January 20th, A. D. 1939 at 11:00 o'clock, a. m., and recorded by [?] Town Clerk ---- M O R T G A G E KNOW ALL MEN BY THESE PRESENTS: That Alfred Y. Pearson and wife Ethel Pearson, of Cumberland, R. I. hereinafter called the Mortgagors in consideration of the premises and of the sum of Eighteen Hundred Seventy and 44/100 Dollars ($1879.44), paid to him by R. I. Lumber Company, a Rhode Island corporation, hereinafter called the Mortgagee, the receipt hereof is hereby acknowledged, does hereby give, grant, bargain, sell and convey un- to the Mortgagee, its successors and assigns, forever, all that certain real estate located in the County of Washington, Town of Charlestown and State of Rhode Island, described as follows: DESCRIPTION OF PREMISES. That certain plot or parcel of land with all the buildings and improvements thereon, laid out and delineated as Lot No. 116 on that plat entitled "Sea Lea Colony as Charlestown and South Kingston, property of E. H. Remeke, surveyed and plated in 1935" Map No. 105 of the E. H. Remeke, Engineers", which plat is recorded in the office of the Town Clerk of said Town of Charlestown, hereafter referred to as the "Remeke Map" in Book 24 of the land records of Charlestown, Rhode Island, page 131, beginning at a stone bound set line of sights at the southeasterly corner of Sea Lea Avenue and First Street and running south and east along said First Street to a stone bound set line of sights stone bound set fifteen (15) feet easterly from the southeasterly line of the Charles- town bound and in a south easterly direction to a stone bound set one hundred (100) feet easterly along the southeasterly line corner of the hereby conveyed tract. Commencing at this northeasterly corner of the hereby conveyed tract. Commencing at this northeasterly corner of the hereby conveyed tract. Commencing at this northeasterly corner of the hereby conveyed tract. Commencing at this northeasterly corner of the hereby conveyed tract. 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In their presence; And that they make this affidavit at the request of said Testator. Merton B. Lewis Jr. Louis J. Rossi Oliver H. Williams Subscribed and sworn to at the request of the within named Testator, Samuel R. Avery, the day and year above written. Before me, Rogers S. Trainer (L.S.) Notary Public Attest: Elmer S. Kenyon Probate Clerk. Received for record January 20th, A. D. 1939 at 11:00 o'clock, a. m., and recorded by [?] Town Clerk ---- M O R T G A G E KNOW ALL MEN BY THESE PRESENTS: That Alfred Y. Pearson and wife Ethel Pearson, of Cumberland, R. I. hereinafter called the Mortgagors in consideration of the premises and of the sum of Eighteen Hundred Seventy and 44/100 Dollars ($1879.44), paid to him by R. I. Lumber Company, a Rhode Island corporation, hereinafter called the Mortgagee, the re- ceipt whereof is hereby acknowledged, does hereby give, grant, bargain, sell and convey un- to the Mortgagee, its successors and assigns, forever, all that certain real estate located in the County of Washington, Town of Charlestown and State of Rhode Island, described as follows: DESCRIPTION OF PREMISES. That parcel or tract of land or parcel of land with all the buildings and improvements thereon, laid out and delineated as Lot No. 116 on that plat entitled "Sea Lea Colony at Charlestown and South Kingstown, property of E. H. Remeke, surveyed and plated in 1935" being a plan made by E. H. Remeke, Civil Engineers", which plat is recorded in the office of the Town Clerk of said Town of Charlestown, hereafter referred to as the "Remeke Plan", being Lot Number 116 situate at the land southernmost at the southeasterly corner of Sea Lea Avenue and First Street and lying bound and described as follows: Beginning at a stone wall at the southeasterly stone bound set fifteen (15) feet easterly from the easterly line of the Charles- town beach road and in the southeasterly corner of Sea Lea Avenue and First Street, easterly along the southerly line of Sea Lea Avenue, a course two hundred twenty-five (225) feet to the northeasterly corner of the hereby conveyed tract; Conveying southeasterly from this northeasterly corner of the hereby conveyed tract, a distance of sixty (60) feet thence westerly along the southerly line of First Street and thence southerly line of Sea Lea Avenue thence southerly a at right angle a distance of fifty (50) feet thence westerly along the southerly line of First Street and thence Sea Lea Avenue thence southerly along the easterly line of First Street fifty (50) feet to the point of beginning at the northeasterly corner of the hereby conveyed tract. This conveyance is made subject to the following covenants, reservations, grants/or re- strictions: 1. Only a private residence, including a private garage (not to be used as a residence), shall be erected, placed, maintained, or permitted upon said tract of land; and further that no tenement shall be constructed toilet structure erected thereon; no building shall be erected upon said tract of land, without the consent in writing of the feet of the westerly boundary line, nor within 15 feet of the southerly boundary, nor within 5 feet of the southerly and easterly bounda- ry lines. The placement and location of all buildings erected or to be erected must be approved by the Grantor 2. Said premises, or any part thereof, shall not be used for any trade or business or commercial purpose of purposes, or for any public purpose whatsoever. 3. In case of condemnation, sale or foreclosure said Grantor shall be given thirty days' notice in writing and shall have the option to pur- chase the same at the highest bona fide price made and actually offered the said Grantee, his heirs and assigns.

In their presence; And that they make this affidavit at the request of said Testator. Merton B. Lewis Jr. Louis J. Rossi Oliver H. Williams Subscribed and sworn to at the request of the witness of the within named Testator, Samuel R. Avery, the day and year above written. Before me, Rogers S. Trainer (L.S.) Notary Public Attest: Elmer S. Kenyon Probate Clerk. Received for record January 20th A. D. 1939 at 11:00 o'clock, a. m., and recorded by [signature] Town Clerk ---- M O R T G A G E KNOW ALL MEN BY THESE PRESENTS: That Alfred Y. Pearson and wife Ethel Pearson, of Cumberland, R. I. hereinafter called the Mortgagors in consideration of the premises and of the sum of Eighteen Hundred Seventy and 44/100 Dollars ($1879.44), paid to him by R. I. Lumber Company, a Rhode Island corporation, hereinafter called the Mortgagee, the re- ceipt whereof is hereby acknowledged, does hereby give, grant, bargain, sell and convey un- to the Mortgagee, its successors and assigns, forever, all that certain real estate located in the County of Washington, Town of Charlestown and State of Rhode Island, described as follows: DESCRIPTION OF PREMISES. That parcel or tract of land or parcel of land with all the buildings and improvements thereon, laid out and delineated as Lot No. 116 on that plat entitled "Sea Lea Colony in Charlestown and South Kingstown, property of E. H. Remeke, surveyed and plated in 1935" by E. H. Remeke, Civil Engineer, a member of the "Institute of Engineers", which plat is recorded in the office of the Town Clerk of said Town of Charlestown, hereafter referred to as the "Remeke Plat" and being more particularly situate at the land situated easterly to the southeasterly corner of Sea Lea Avenue and First Street and being bounded and described as follows: Beginning at a stone post at the southeasterly stone bound set seventeen (15) feet easterly of the southeasterly line of the Charles- town beach road and in the center of Sea Lea Avenue, then running northerly one hundred (100) easterly along the southeasterly line corner of the Sea Lea Avenue, two hundred twenty-five (225) feet to the northeasterly corner of the hereby conveyed tract. Conveying at this northeasterly corner then running easterly one hundred (100) feet along the southerly line of Sea Lea Avenue thence southerly at a right angle a distance of fifty (50) feet thence westerly one hundred (100) feet along the southerly line of First Street Sea Lea Avenue thence southerly along the easterly line of First Street Fifty feet (50) feet to the point of beginning at the northeasterly corner of the hereby conveyed tract. This conveyance is made subject to the following covenants, reservations, grants/or re- strictions: 1. Only a private residence, including a private garage (not to be used as a residence), shall be erected, placed, maintained, or permitted upon said tract of land and that there shall be no to be constructed toilet structure erected thereon; no building shall be erected upon said tract of land, without the consent in writing of the feet of the westerly boundary line, nor within 15 feet of the southerly boundary, nor within 5 feet of the southerly and easterly bounda- ry lines. The placement and location of all buildings erected or to be erected must be approved by the Grantor. 2. Said premises, or any part thereof, shall not be used for any trade or business or commercial purpose of purposes, or for any public purpose whatsoever. 3. In case of condemnation, sale or foreclosure said Grantor shall be given thirty days' notice in writing and shall have the option to pur- chase the same at the highest bona fide price made and actually offered to the said Grantee, his heirs and assigns.

In their presence; And that they make this affidavit at the request of said Testator. Merton B. Lewis Jr. Louis J. Rossi Oliver H. Williams Subscribed and sworn to at the request of the witness of the within named Testator, Samuel R. Avery, the day and year above written. Before me, Rogers S. Trainer (L.S.) Notary Public Attest: Elmer S. Kenyon Probate Clerk. Received for record January 20th A. D. 1939 at 11:00 o'clock, a. m., and recorded by [signature] Town Clerk ---- M O R T G A G E KNOW ALL MEN BY THESE PRESENTS: That Alfred Y. Pearson and wife Ethel Pearson, of Cumberland, R. I. hereinafter called the Mortgagors in consideration of the premises and of the sum of Eighteen Hundred Seventy and 44/100 Dollars ($1879.44), paid to him by R. I. Lumber Company, a Rhode Island corporation, hereinafter called the Mortgagee, the re- ceipt whereof is hereby acknowledged, does hereby give, grant, bargain, sell and convey un- to the Mortgagee, its successors and assigns, forever, all that certain real estate located in the County of Washington, Town of Charlestown and State of Rhode Island, described as follows: DESCRIPTION OF PREMISES. That parcel or tract of land or parcel of land with all the buildings and improvements thereon, laid out and delineated as Lot No. 116 on that plat entitled "Sea Lea Colony in Charlestown and South Kingstown, property of E. H. Remeke, surveyed and plated in 1935" by E. H. Remeke, Civil Engineer, a member of the "Institute of Engineers", which plat is recorded in the office of the Town Clerk of said Town of Charlestown, hereafter referred to as the "Remeke Plat" and being part of the lot of Charlestown, however described in a deed dated June 1st, 1938, and recorded 100 feet of land situated at the southeasterly corner of Sea Lea Avenue and First Street being bounded and described as follows: beginning at a stone post at the southwesterly stone bound set fifteen (15) feet easterly of the southeasterly line of the Charles- town-Hope Valley road and running thence north forty-five (45) degrees east one hundred (100) easterly along the southerly line of Sea Lea Avenue, two hundred twenty-five (225) feet to the northwesterly corner of the hereby conveyed tract; commencing at this northeasterly corner of the hereby conveyed tract, running thence south forty-five (45) degrees east thence hundred (100) feet along the easterly line of First Street southerly line of Sea Lea Avenue thence southerly a straight line a distance of fifty (50) feet thence hundred (100) feet easterly along the easterly line of First Street fifty (50) feet to the point of beginning at the northwesterly corner of the hereby conveyed tract. This conveyance is made subject to the following covenants, reservations, grants/or re- strictions: 1. Only a private residence, including a private garage (not to be used as a residence), shall be erected, placed, maintained, or permitted upon said tract of land and any part thereof; no business shall be conducted there; no toilet structure erected thereon; no building shall be erected upon said tract of land, without the consent in writing of the feet of the westerly boundary line, nor within 15 feet of the southerly and easterly boundary, nor within 5 feet of the southerly and easterly bounda- ry lines. The placement and location of all buildings erected or to be erected must be approved by the Grantor 2. Said premises, or any part thereof, shall not be used for any trade or business or commercial purpose of purposes, or for any public purpose whatsoever. 3. In case of condemnation, sale or foreclosure said Grantor shall be given thirty days' notice in writing and shall be and have the option to pur- chase the same at the highest bona fide price made and actually offered to the said Grantee, his heirs and assigns.

In their presence; And that they make this affidavit at the request of said Testator. Merton B. Lewis Jr. Louis J. Rossi Oliver H. Williams Subscribed and sworn to at the request of the within named Testator, Samuel R. Avery, the day and year above written. Before me, Rogers S. Trainer (L.S.) Notary Public Attest: Elmer S. Kenyon Probate Clerk. Received for record January 20th, A. D. 1939 at 11:00 o'clock, a. m., and recorded by [?] Town Clerk ---- M O R T G A G E KNOW ALL MEN BY THESE PRESENTS: That Alfred Y. Pearson and wife Ethel Pearson, of Cumberland, R. I. hereinafter called the Mortgagors in consideration of the premises and of the sum of Eighteen Hundred Seventy and 44/100 Dollars ($1879.44), paid to him by R. I. Lumber Company, a Rhode Island corporation, hereinafter called the Mortgagee, the re- ceipt whereof is hereby acknowledged, does hereby give, grant, bargain, sell and convey un- to the Mortgagee, its successors and assigns, forever, all that certain real estate located in the County of Washington, Town of Charlestown and State of Rhode Island, described as follows: DESCRIPTION OF PREMISES. That parcel or tract of land or parcel with all the buildings and improvements thereon, laid out and delineated as Lot No. 116 on that plat entitled "Sea Lea Colony in Charlestown and South Kingstown, property of E. H. Remeke, surveyed and plated in 1935" being a plan made by E. H. Remeke, Civil Engineers", which plat is recorded in the office of the Town Clerk of said Town of Charlestown, hereafter referred to as the "Plat Book 23, page 100" of the Town of Charlestown, there being a distance of One Hundred Twenty (120) feet from the situate end of the lotwatershed southerly corner of Sea Lea Avenue and First Street and running south and east along the easterly line of said lot to a stone stone bound set seventeen (17) feet easterly of the easterly line of the Charles- town Boat Club and in a south easterly direction thence running One Hundred Twenty (120) feet easterly along the southerly line of Sea Lea Avenue, a hundred twenty-five (125) feet to the northwesterly corner of the hereby conveyed tract; Commencing at the northwesterly corner of the lot described above and running One Hundred Twenty (120) feet southerly line of Sea Lea Avenue thence southerly at a right angle a distance of fifty (50) feet thence easterly along the southerly line of the lot running One Hundred Twenty (120) feet southerly line of Sea Lea Avenue thence easterly along the easterly line of First Street fifty (50) feet to the point of beginning at the northwesterly corner of the hereby conveyed tract. This conveyance is made subject to the following covenants, reservations, grants/or re- strictions: 1. Only a private residence, including a private garage (not to be used as a residence), shall be erected, placed, maintained, or permitted upon said tract of land and any part thereof; no business shall be conducted there; no toilet structure erected thereon; no building shall be erected upon said tract of land within fifty (50) feet of the south- west of the westerly boundary line, nor within 15 feet of the south- ern boundary, nor within 5 feet of the southerly and easterly bound- ary lines. The plans and specifications of all buildings erected or to be erected must be approved by the Grantor. 2. Said premises, or any part thereof, shall not be used for any trade or business or commercial purpose of purposes, or for any public purpose whatsoever. 3. In case of condemnation, sale or foreclosure said Grantor shall be given thirty days' notice in writing and shall be and have the option to pur- chase the same at the highest bona fide price made and actually offered to the said Grantee, his heirs and assigns.

In their presence; And that they make this affidavit at the request of said Testator. Merton B. Lewis Jr. Louis J. Rossi Oliver H. Williams Subscribed and sworn to at the request of the witness of the within named Testator, Samuel R. Avery, the day and year above written. Before me, Rogers S. Trainer (L.S.) Notary Public Attest: Elmer S. Kenyon Probate Clerk. Received for record January 20th A. D. 1939 at 11:00 o'clock, a. m., and recorded by [signature] Town Clerk ---- M O R T G A G E KNOW ALL MEN BY THESE PRESENTS: That Alfred Y. Pearson and wife Ethel Pearson, of Cumberland, R. I. hereinafter called the Mortgagors in consideration of the premises and of the sum of Eighteen Hundred Seventy and 44/100 Dollars ($1879.44), paid to him by R. I. Lumber Company, a Rhode Island corporation, hereinafter called the Mortgagee, the receipt hereof is hereby acknowledged, does hereby give, grant, bargain, sell and convey un- to the Mortgagee, its successors and assigns, forever, all that certain real estate located in the County of Washington, Town of Charlestown and State of Rhode Island, described as follows: DESCRIPTION OF PREMISES. That tract or parcel of land with all the buildings and improvements thereon, laid out and delineated as Lot No. 116 on that plat entitled "Sea Lea Colony as Charlestown and South Kingston, property of E. H. Remeke, surveyed and plated in 1935" Map Book 13, page 103, filed in the office of the Town Clerk of said Town of Charlestown, Rhode Island, on November 23, 1935. Being all that piece of land situated at the southeasterly corner of Sea Lea Avenue and First Street and bounded and described as follows: Beginning at a stone post at the southeasterly corner of stone bound set fifteen (15) feet easterly of the southeasterly line of the Charlestown, Rhode Island, State Highway, and running thence south forty (40) degrees east easterly along the southerly line of Sea Lea Avenue, a hundred twenty-five (125) feet to the northeasterly corner of the hereby conveyed tract; Conveying southeasterly from this northeasterly corner of the hereby conveyed tract, running thence southeasterly along the southerly line of Sea Lea Avenue a straight line a distance of fifty (50) feet thence turning north forty (40) degrees east and running thence north forty (40) degrees east along the easterly line of First Street fifty (50) feet to the point of beginning at the northeasterly corner of the hereby conveyed tract. This conveyance is made subject to the following covenants, reservations, grants/or restrictions: 1. Only a private residence, including a private garage (not to be used as a residence), shall be erected, placed, maintained, or permitted upon said tract of land or any part thereof; no tenement house, no store shall be constructed toilet structure erected thereon; no building shall be erected upon said tract of land or any part thereof, with the exception of the westerly boundary line, nor within 15 feet of the southerly and easterly boundary lines. The placement and location of all buildings erected or to be erected must be approved by the Grantor. 2. Said premises, or any part thereof, shall not be used for any trade or business or commercial purpose of purposes, or for any public purpose whatsoever. 3. In case of contemptuous sale or foreclosure said Grantor shall be given thirty days' notice in writing and shall be and have the option to purchase the same at the highest bona fide price made and actually offered to the said Grantee, his heirs and assigns.