1/20/1939 · WILL · book 27 page 502 doc 8@27/502

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 and for 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, 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, SAMUEL R. AVERY, as and for HIS LAST WILL AND TESTAMENT, in our presence, who, have, 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 Avenue Westerly, R. I. Oliver H. Williams Westerly, R. I. STATE OF RHODE ISLAND, WESTERLY, County of Washington, So 7th (seventh) day of March, 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 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 unto the Mortgagee, his 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 Book 138 page 103, filed in the office of the Town Clerk of said Town of Charlestown, hereafter referred to as the "Remeke Map", being a part of the land out of Charlestown, hereafter referred to as the "Remeke Map", beginning at a stone bound set inductance [?] at the southeasterly corner of Sea Lea Avenue and First Street and running thence bound and marked by a stone bound set inductance [?] (15) feet easterly on the line of the stone bound set fifteen (15) feet easterly on the southeasterly line of the Charlestown bound and marked by a stone bound set inductance [?] (15) feet easterly on the line of the stone bound set fifteen (15) feet easterly on the southeasterly line hour the southeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of the hereby conveyed tract. Commencing at the northeasterly corner of

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 [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 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 as Charlestown and South Kingston, property of E. H. Remeke, surveyed and plated in 1935" Map Book 138 page 150 of the Town Clerk of said Town of Charlestown, hereafter referred to as the "Plat" and in the said Map Book 138 page 150 of the Town Clerk of Charlestown, referred to as Lot No. 116, bounded on the north by the east line of Lot 115 situated at the southeasternmost corner of Sea Lea Avenue and First Street and east line of said Lot 115 and in the said Plat and in the said Map Book 138 page 150 of the Town Clerk of Charlestown, referred to as Lot 115, then easterly one hundred (100) feet to a stone bound set fifteen (15) feet easterly of the easterly line of the Charles- town bound and in the said Plat and in the said Map Book 138 page 150 of the Town Clerk of Charlestown, referred to as Lot 116, then southerly one hundred (100) feet then easterly along the southerly line of Sea Lea Avenue, two hundred twenty-five (225) feet to the northwesterly corner of the hereby conveyed tract; Conveying at the northeasterly line of the said Lot 116, along the easterly line of Sea Lea Avenue, one hundred (100) feet then southerly then easterly along the southerly line of Sea Lea Avenue, two hundred twenty-five (225) feet then southerly along the easterly line of the said Lot 116, one hundred (100) feet then westerly 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 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 business or trade shall be conducted thereon toilet structure erected thereon; no building shall be erected upon said tract of land or any part thereof, with the exception of the west by the easterly boundary line, nor within 15 feet of the northerly boundary line, 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 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 unto 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 as Charlestown and South Kingston, property of E. H. Remeke, surveyed and plated in 1935" Map Book 138 page 150 of the Town Clerk of said Town of Charlestown, hereafter referred to as the "Plat", being bounded on the north by a stone wall and lot of Samuel R. Avery, and on the east by a stone wall and lot of Charlestown, however described, and on the south by a stone wall and lot of the situated land at the southeasterly corner of Sea Lea Avenue and First Street being bounded on the north by a stone wall and lot of Samuel R. Avery, and on the east by a stone wall situated fifteen (15) feet easterly of the southeasterly line of the Charlestown boundary and on the south by a stone wall and lot of the situated land 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 hereby conveyed tract, then running easterly along the southerly line of Sea Lea Avenue then southerly a right angle a distance of fifty (50) feet then westerly along the easterly line of First Street then northerly along the southerly line of Sea Lea Avenue then southerly 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 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 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 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.

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 [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 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 Book 103 page 103, filed in the office of the Town Clerk of said Town of Charlestown, hereafter referred to as the "Remeke Map", described as beginning at the point of intersection of the easterly line of the southernmost street corner of Sea Lea Avenue and First Street and running thence north forty-five degrees zero minutes east, one hundred (100) feet to a stone bound set fifteen (15) feet easterly of the easterly line of the Charlestown boundary line and running thence north forty-five degrees zero minutes east, one hundred (100) feet easterly along the southerly line of Sea Lea Avenue, two hundred twenty-five (225) feet south to the northwesterly corner of the hereby conveyed tract; commencing at this northwesterly point and running thence south forty-five degrees zero minutes east, eighty-five (85) feet southerly line of Sea Lea Avenue thence southerly a right angle a distance of fifty (50) feet thence northwesterly a right angle a distance of eighty-five (85) feet to the easterly line of Sea Lea Avenue thence northerly 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 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 and any part thereof; no business shall be conducted thereon toilet structure erected thereon; no building shall be erected upon said tract of land within fifty (50) feet of the northerly line of the west by the westerly boundary line nor within 15 feet of the southerly boundary line, nor within 5 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 condemnation, 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.

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 [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 parcel or tract of 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 138 page 150 of the Town Clerk of said Town of Charlestown, hereafter referred to as the "Plat" and in the said Map Book 138 page 150 of Charlestown, there is indicated a line of sight from the southeasterly corner of Sea Lea Avenue and First Street running south east and in a line perpendicular to the said First Street, a distance of one hundred (100) feet from the southeasterly corner of Sea Lea Avenue and First Street to a stone bound set seventeen (17) feet easterly of the southeasterly line of the Charlestown road and in a line perpendicular to the said road, thence running south east one hundred (100) feet easterly along the southeasterly line of Sea Lea Avenue, a hundred twenty-five (125) feet to the northeasterly corner of the hereby conveyed tract; commencing at the northeasterly corner of the hereby conveyed tract, thence running north east one hundred (100) feet southerly line of Sea Lea Avenue thence southerly at a right angle a distance of fifty (50) feet thence running west easterly 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 and no other building shall be constructed upon said tract of land, including with the exception that a stone wall of the westerly boundary line, no within 15 feet of the southerly boundary nor within 5 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 condemnation, 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.

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 [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 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 Book 138 page 100, in the office of the Town Clerk of said Town of Charlestown, hereafter referred to as the "Remeke Map", being a part of the land of the said Remeke, beginning at a stone bound set thirteen (13) feet easterly of the southeasterly corner of Sea Lea Avenue and First Street and running south 41 degrees 30 minutes east 110 feet to a stone bound set fifteen (15) feet easterly of the southeasterly line of the Charles- town bound and running thence north 48 degrees 30 minutes west 110 feet to a stone bound set easterly along the southeasterly line about the northwesterly 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. Commencing at this northeasterly corner of the hereby conveyed

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 [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 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 as Charlestown and South Kingston, property of E. H. Remeke, surveyed and plated in 1935" Made by E. H. Remeke, Civil Engineer, of "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 southeasterly corner of Sea Lea Avenue and First Street and bounded and described as follows: Beginning at a stone post at the southeasterly stone bound set fifteen (15) feet easterly of the southeasterly line of the Charlestown, Rhode Island and Providence, Rhode Island turnpike, then running north forty (40) degrees easterly along the southeasterly line of Sea Lea Avenue, two hundred twenty-five (225) feet to the northeasterly corner of the hereby conveyed tract; Conveying southeasterly from this northeasterly corner along the northeasterly line of First Street, one hundred fifty (150) feet thence running south forty (40) degrees westerly along the southerly line of Sea Lea Avenue; thence southerly a at right angle a distance of fifty (50) feet thence running north forty (40) degrees westerly 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 business or industry shall be conducted thereon 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 condemnation, 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.

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 [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, in the office of the Town Clerk of said Town of Charlestown, hereafter referred to as the "Remeke Map", being a part of the land of the first situated at the southeasternmost corner of Sea Lea Avenue and First Street and bounded and described as follows: Beginning at a stone bound set stone (15) feet easterly from the southeasterly line of the Charlestown, Rhode Island, and Providence, Rhode Island, turnpike, and running thence easterly along the southerly line of Sea Lea Avenue, a course twenty-three one-half (23 1/2) feet to the northeasterly corner of the hereby conveyed tract; Conveying thence southeasterly a course twenty-three one-half (23 1/2) feet to a stone bound set fifty (50) feet thence southerly along the easterly line of First Street a course twenty-three one-half (23 1/2) feet thence westerly along the southerly line of Sea Lea Avenue a course twenty-three one-half (23 1/2) 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 business or trade shall be conducted thereto 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 line, nor within 5 feet of the southerly and easterly boundary line. 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 purchase 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 [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 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. 103, filed in the office of the Town Clerk of said Town of Charlestown, hereafter referred to as the "Remeke Map", and recorded in the land evidence book 230 of Charlestown, hereafter referred to as the "Land Evidence Book" at page 180, being situated at the southeasternmost corner of Sea Lea Avenue and First Street and bounded and described as follows: Beginning at a stone bound set thirteen (13) feet from the stone bound set fifteen (15) feet easterly from the easterly line of the Charlestown beach road and in the intersection of Sea Lea Avenue and First Street; thence running easterly along the southerly line of Sea Lea Avenue, a hundred twenty-five (125) feet to the northeasterly corner of the hereby conveyed tract; commencing at this northeasterly corner and running southerly along the easterly line of First Street, southerly line of Sea Lea Avenue thence southerly a at right angle a distance of fifty (50) feet thence running westerly 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 and any part thereof; no business shall be conducted thereon toilet structure erected thereon; no building shall be erected upon said tract of land without the consent in writing of the Mortgagee of the westerly boundary line, nor within 15 feet of the southerly boundary line, nor within 5 feet of the southerly and easterly boundary 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 compulsory sale or condemnation said Grantor shall be given thirty days' notice in writing and shall 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.