8/28/1918 · AGREEMENT · book 19 page 83 doc 7182

281 WARRANTY DEED I we, EVERETT R. GRAICHEN, of the City and County of Providence, in the State of Rhode Island, and SYDNEY COHN, of the City of Cranston, in the County of Providence and State of Rhode Island, for consideration paid, grant to Walter C. Crawford and Alice C. Crawford of New York, N. Y. as Joint Tenants with right of survivorship and not as Tenants in Common, with WARRANTY CONVEYANCE That certain lot or parcel of land situated in the Town of Charlestown, in the County of Washington and State of Rhode Island, bounded and described as follows: Lot Numbered Three (3) on that Plat entitled "Section No. 1 SHADY HARBOR in Charlestown, R. I. Belonging to Everett Graichen & Sydney Cohn. Clifford R. Stewart, Surveyor, May, 1949. Revised June 17, 1949", which said Plat is recorded in Plat Book No. 2 in the Land Records Office of the said Town of Charlestown. Said conveyance is made subject to the following restrictions: 1. No trailer, basement, Quonset Hut, shed or temporary buildings may be placed on said land. 2. The parcel hereby sold shall be used only for residential purposes. 3. No outside toilet shall be erected, on the premises, nor shall signs for advertising purposes be erected, placed, or maintained on the premises. 4. No building shall be erected, placed, maintained or altered until the plans, speci- fications and plot plans have been approved in writing by the grantors, their heirs, assigns or administrators. 5. Each house must have a full foundation, said house to be at least 22 feet by 24 feet, not including piazzas, porticoes, porches or verandas. 6. There shall be no live stock, animals or poultry kept or maintained on the premises, other than household pets. 7. Each lot is subject to an assessment of Five Dollars ($5.00) per year for the maintenance of road and general improvement of said plat. said assessment shall be paid to said Grantors until such time that the Municipality of Charlestown shall take over each function. 8. All structures must comply with state and government laws, ordinances and regulations its and any restrictions or conditions herein do not completely comply with such laws, ordinances and regulations shall be construed as a waiver by the Grantors of compliance with such laws, ordinances and regulations. 9. No fences higher than Thirty (30) inches shall be erected or maintained on the premises. And we, LUCY GRAICHEN, wife of the said Everett R. Graichen, and HELEN COHN, wife of the said Sydney Cohn, release to said Grantees all our respective rights of dower and all other interest in the aforementioned premises. WITNESS our hands this 4th day of September 1952. Executed and delivered in presence of: EVERETT R. GRAICHEN SYDNEY COHN LUCY GRAICHEN HELEN COHN (DOCUMENTARY STAMPS, $1.65) STATE OF RHODE ISLAND, ETC. COUNTY OF PROVIDENCE In Providence on the 4th day of September 1952 before me personally appeared EVERETT R. GRAICHEN and LUCY GRAICHEN, husband and wife, and SYDNEY COHN and HELEN COHN, husband and wife, each 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. CHARLES B. HAY (Notarial Seal) Notary Public Received for record September 18th, A. D. 1952 at 9:45 o'clock, a. m., and recorded by Town Clerk AHA 490

133 FIRSTLY: I direct that all my debts, funeral and testamentary expenses be paid as soon after my decease as may be practicable. SECONDLY: I give and bequeath all my household furniture, automobiles and other personal effects of every sort and description (except money and securities) unto my husband, A. LLOYD BRIGGS, absolutely. THIRDLY: I give and bequeath One thousand Dollars ($1,000) unto BARBARA L. BRIGGS and also give and devise to her my lot of land at Quonochontaug, Rhode Island, and I give and bequeath One thousand Dollars ($1,000) unto LLOYD G. BRIGGS. FOURTHLY: I direct that any and all inheritance, legacy, succession or estate taxes on the gifts in the preceding paragraphs of this will, be paid from and out of the residue of my property. FIFTHLY: All the rest, residue and remainder of my property or the proceeds of sale thereof I direct my Executors, hereinafter named, to divide into two equal parts or shares and I give, devise and bequeath unto my Trustees, hereinafter named, one of such parts or shares, in trust nevertheless, so to hold such thereof as may be real property until the same shall be sold and to invest and keep invested so much thereof as may be personal property and the proceeds of sale of any real property and to receive the rents, interest and income of such property, and, after paying therefrom all taxes, assessments, premiums of insurance and necessary expenses for repairs or otherings, to pay the nets rents, interest and income thereof unto my said husband, A. LLOYD BRIGGS, for and during his life and on his death to convey, assign, transfer and pay over the capital of such share unto such person or persons, corporations or corporations and in such shares or proportions as my said husband shall have appointed, and in default of a complete disposition by him by appointment or as herein- after provided, then on his death to convey, assign, transfer and pay over the capital of such share as follows one-sixth (1/6) each to KENNETH DYKE, FRANK DYKE, EDWARD DYKE, ROBERT KILLER and WILLIAM A. FILEY, and to their descendants if any of them shall have predeceased my said husband leaving descendants living at the time of his death, such descendants to take by representation, and if any of them predeceased my said husband without leaving descendants living at the time of his death, the share of the one so dying shall be divided equally among the survivors of my said husband's devotees DYKE, FRANK DYKE, EDWARD DYKE, ROBERT KILLER and WILLIAM A. FILEY and the issue of such as may have predeceased my said husband leaving descendants living at the time of his death, such descendants to take by representation; the remaining one-sixth (1/6) I direct my Trustees to divide into two equal parts and to convey, assign, transfer and pay over the capital of one of such parts to WESTMINSTER COLLEGE, at New Wilmington Pennsylvania, in memory of my brother, J. SCOTT KILLER, and it is my wish that this bequest be added to its endow- ment fund to provide student scholarships, and to convey, assign, transfer and pay over the other such parts to UNITED PRESBYTERIAN WOMEN'S ASSOCIATION OF NORTH AMERICA in memory of my parents, EMMOND and JENNIE SCOTT, for the benefit of its Home for Aged People at Wilmington, Pennsylvania, and it is my wish that this bequest be added to its endowment fund and the income be devoted to the general purposes of said Association in operating its Home for Aged People. My said husband shall have full power to appoint the full capital of said trust, in whole or in part, during his lifetime and also to receive payment or delivery by my said Trustees from the capital of the trust such sums of money or property as he may from time to time request, and his receipt for any such payment or delivery shall be a good and sufficient voucher for my said Trustees. The other of such equal parts or shares I give, devise and bequeath as follows: one-sixth (1/6) each to KENNETH DYKE, FRANK DYKE, EDWARD DYKE, ROBERT KILLER and WILLIAM A. FILEY and to their descendants if any of them shall have predeceased me leaving descendants living at the time of my death, such descendants to take by representation, and if any of them predeceased me without leaving descendants living at the time of my death, the share of the one so dying shall be divided equally among the survivors of my said husband's KENNETH DYKE, FRANK DYKE, EDWARD DYKE, ROBERT KILLER and WILLIAM A. FILEY and the issue of such as may have predeceased me leaving descen- dants living at the time of my death, such descendants to take by representation; the remaining one-sixth (1/6) I direct my Executors to divide into two equal parts, and to convey, assign, transfer and pay over the capital of one of such parts to WESTMINSTER COLLEGE, at New Wilmington, Pennsylvania, in memory of my brother, J. SCOTT KILLER, and it is my wish that this bequest be added to its endowment fund to provide student scholarships, and to convey, assign, transfer and deliver the other such parts to UNITED PRESBYTERIAN WOMEN'S ASSOCIATION OF NORTH

184 in memory of my parents, EDWARD and JEANNE SCOTT EYLER, for the benefit of its Home for Aged People at Wilkinsburg, Pennsylvania, and it is my wish that this bequest be added to its endowment fund and the income to the extent of One hundred fifty Dollars ($\text{150}$) per year be appropriated for its "Allowance Fund" for said Home and the excess of income above One hundred fifty Dollars ($\text{150}$) per year be appropriated to the general purposes of said Association in operating its Home for Aged People. $\text{\small{SIXTHLY:}}$ I nominate, constitute and appoint my said husband, A. LLOYD BRIDGES, his son, said LLOYD G. BRIDGES, and WASHINGTON TRUST COMPANY, of Westerly Rhode Island, the Executors of this my Will, and the Trustees of the trusts herein created. I direct that no formal bond or other security shall be required from any of my said Executors and Trustees, and I hereby expressly waive the giving by them of any bond or other security which now is or may hereafter be required by the laws of any jurisdiction wherein I may have property at the time of my death. $\text{\small{SEVENTHLY:}}$ I give unto my Executors and unto the survivors and survivors of them and unto my said Trustees and unto the survivors and survivor of them, whether acting as Executors or as Trustees, the following powers and authorities, that is to say: (1) To sell, either at public auction or by private contracts, at such time or times and upon such terms as they deem best, all or any part of the real and personal property which I may be seized all or pos- sessed at the time of my death and to execute good and valid deeds or transfers therefore unto the purchasers thereof. (2) At any time, in their discretion, to lease all or any part of the real property which I may be seized at the time of my death, for such term or terms of years as they may deem proper, notwithstanding such term or term may extend beyond the duration of the trust hereinabove created. (3) To retain, in their discretion, as part of the capital of the trust hereinabove created, any stocks, bonds or other securities belonging to me at the time of my death, and also to invest the capital of the trust estate or any portion thereof from time to time in such stocks, bonds or other securities as they may deem advisable, notwithstanding such stocks, bonds or other securities may not be of the character or descrip- tion in which trustees are by law required to invest trust funds. (4) I direct that whenever my said Trustees shall pay a premium for any stocks, bonds or other securities purchased by them for the trust hereinabove created, such premiums shall be held wholly out of the capital of such trust. (5) I further direct that any and all dividends on stocks which I may own at the time of my death and which are apportioned to the trust hereunder, or on any stocks which may be purchased for said trust, whether payable in cash or in stock or partly in cash and partly in stock, shall go to the life beneficiary of such trust at the time such dividends are declared and shall not be apportioned between capital and income or between life beneficiary and remainderman. (6) To compromise any claim, either on behalf of or against me or my estate, and to execute and de- liver such instruments as may be necessary or desirable to carry out the terms of this provision. (7) In making the divisions of the property provided for in paragraph FIFTH of this, my Will, I authorize my Executors or Trustees, as the case may be, to appraise any part of such property at such value as in their judgment may seem fair and to exercise unlimited discretion in the selection of the property which share shall be composed. (8) In any case in which my Executors or Trustees are required to divide my estate, or any part thereof, into parts or shares or to distribute the same, they are authorized and empowered to make such division or distribution in kind or in money, or partly in kind and partly in money, and for the purposes of such divi- sion or distribution the judgment of my said Executors or Trustees concerning the propriety thereof and the relative value of the property and securities so to be divided or distributed shall be binding and conclusive on all persons interested in my estate. $\text{\small{EIGHTHLY:}}$ If any person entitled to a share in my estate shall be under the age of twenty-one years at the time of distribution to him or to her, I authorize and empower my Executors or Trustees to pay or deliver

the legacy or share of such beneficiary unto he or her parent or guardian and a receipt signed by such parent or guardian shall be a good and sufficient voucher for my said Executor or Trustees. LASTLY: I revoke all wills and codicils heretofore made by me. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 18th day of May, in the year of our Lord, One Thousand Nine Hundred fifty-three. Mildred E. Briggs (L.S.) Subscribed by MILDRED E. BRIGGS, the Testator, in the presence of us and declared by her at the time of sealing subscription to be her Last Will and Testament, whereas she, all her request, in her presence and in the pres- ence of each other, she our names hereto as attesting witnesses. Ada L. Briggs residing at Ashaway, R.I. Leverett A. Briggs residing at Ashaway, R.I. Received for record October 9th A.D. 1961 at 2:15 o'clock P.M. and recorded by [Signature] Deputy Town Clerk MORTGAGE DEED KNOW ALL MEN BY THESE PRESENTS: That William J. Kenworthyand Mae Kenworthy, both of the Town of Charlestown, County of Washington and the State of Rhode Island (hereinafter called the mortgagors) in consideration of the sum of Three Thousand & no/100 ($\$3,000.00$) - Dollars to be paid by the RHODE ISLAND HOSPITAL TRUST COMPANY, a Corporation legally incorporated, and transacting business in the City of Providence in the State of Rhode Island, the receipt whereof is acknowledged, do hereby grant, bargain, sell and convey unto the said RHODE ISLAND HOSPITAL TRUST COMPANY, its Successors and Assigns, forever, that certain tract or parcel of land, together with all the buildings and appurtenances thereon, situated in the said Town of Charlestown, and bounded as described as follows: Beginning at a point in the northeasterly line of Miami Drive one hundred (100) feet northeasterly from the intersection of said Miami Drive at the intersection of line of Pomeroy Field Drive, so called, from the northeasterly line of Miami Drive running southeasterly along the line of the property of the northeasterly line of, formerly of Almenas B. Olvin and running northeasterly at a right angle with the line of Miami Drive, or formerly of Almenas B. Olvin and running northeasterly at a right angle with the northeasterly line of Miami Drive from Olvin boundary running southeasterly on said Olvin and a distance of twenty-three and fifty one hundredths (23.51) feet to a point on the line now or formerly of Clifford A. Baxter, thence turning a right angle, running northeasterly on said Baxter land, and a distance of one hundred, four feet and seven inches (104' 7") to a point on the line of Paul and running southeasterly, bounding northeasterly on said Baxter land one hundred twenty-three and fifty-one hundredths feet to Miami Drive or formerly of Almenas B. Olvin and running northwesterly along the line of the property on Miami Drive fifty (50) feet to the said Olvin land at the point of beginning said tract may be found in Rhode Island R.I. Sep. 1925 Thomas Iverson, E.E., which is recorded in Plat Book No. 1 at the Town of Charlestown, Land Evidence Records, Wednesday Plat No. 1 in the northeasterly corner of said property, however it was recorded in Book De 32 at the Land Evidence Records of the Town of Charlestown, and the boundaries of the property are’ to run now and in the future with reference to said plot of land page 301 together with the right of way in common with others to access to and from the property over and for all purposes the road known as Miami Drive in the public highway and to Charlestown and all rights and privileges appertaining thereto. together with all plumbing, heating and lighting fixture, equipment and now thereon attached or to located on said premises, and hereby also assigning to said Rhode Island Hospital Trust Company, its succes- sors and assigns, all rents due and to become due in the future from the occupation of said land or any improvements thereon now existing or which may hereafter be erected and constituting and appointing it or them the attorneys or solicitors of the mortgagees to sue for and collect the same at any and from time to time when defaults exist hereunder. TO HAVE AND TO HOLD the same, with all appurtenances, unto and to the use of the said RHODE ISLAND HOS- PITAL TRUST COMPANY its Successors and Assigns, forever. And the said mortgagors do hereby, for themselves and for their heirs, executors and administrators, cove- nant with the said RHODE ISLAND HOSPITAL TRUST COMPANY, its Successors and Assigns, that they are lawfully seized of the whole of the said premises granted and that the same are free from all incumbrances; except as a- forementioned that they have good, full power and lawful authority to sell and convey the same in the manner as aforesaid that the said RHODE ISLAND HOSPITAL TRUST COMPANY, its Successors and Assigns, shall by these premises at all times hereafter possess and peaceably quietly and heave enjoy the said premises; and that the said mortgagors will, and their heirs, executors and administrators, shall warrant and defend the same to the said RHODE ISLAND HOSPITAL TRUST COMPANY, its Successors and Assigns, forever, against the lawful acts and demands of all persons. will also pay the moneys, taxes, assessments and other expenses hereby secured as hereinafter provided.