William Franklin to William Temple Franklin (unpublished)

This Indenture made the nineteenth day of May in the Year of our Lord One thousand seven Hundred and eighty five Between William Franklin Esquire now of the Parish of Saint Mary le bone in the County of Middlesex in the Kingdom of Great Britain late Governor of the late Province (now State) of New Jersey in North America of the one Part and William Temple Franklin of Philadelphia in North America aforesaid but now residing at Passey near the City of Paris in the Kingdom of France Esquire Secretary to the Minister Plenipotentiary from the United States of America to the Court of France of the other part Whereas his Majesty King George the Third by his Letters Patent under the Great Seal of the late Province now State of New York bearing Date the Twenty sixth Day of February one thousand seven hundred and seventy Did Give Grant Ratify and Confirm unto Thomas Wharton Reese Meredith Abel James Charles Wharton Isaac Wharton Zebulon Rudolph Cornelius Barnes Samuel Carson Joseph Galloway William Wishart Thomas Story Thomas Fisher George Roberts Israel Morris Junior Anthony Morris Junior Samuel Nicholas Peter Reeve John Morton Thomas Carpenter Joseph Bringhurst Thomas Affleck John Parrock Marian Lamar Caleb Carmalt Samuel Wallis Joseph Hillborn Adam Hubley Nathaniel Lewis Curtis Clay and John Shaw Junior their Heirs and Assigns for ever all that certain Tract or Parcel of Land situate lying and being in the County of Albany within the then province now State of New York between the Cookguago Branch of Delaware River and the Susquehanna River and a branch of the said last mentioned River called Adiquitange bounded as follows, to wit, beginning in the North West Corner of a Tract of Six thousand Acres of Land Surveyed and laid out for Thomas Lynot and other Persons associate with John Harper Senior and others and running from the said place of beginning South Sixty seven Degrees west Twenty four Chains then North Eighty one Degrees West four Hundred and fifty five Chains then South Thirty Degrees East One thousand and thirty Chains to the said Cookguago Branch of Delaware River then up the Stream of the said River as it winds and turns to the same Tract surveyed for the said Thomas Lynot and other Persons then along the western bounds of the said last mentioned Tract North Thirty Degrees West Seven Hundred and Seventy three Chains to the Place where this Tract laid out for the said Thomas Wharton Reese Meredith and Twenty eighth other Persons their associates first began containing Thirty Thousand Acres of Land and the usual allowance for Highways Which said Tract of Thirty Thousand Acres of Land was by the said Letters Patent erected into a Township by the Name of Franklin with the usual Privileges granted to other Townships in the said Province of New York To hold the same unto the said Patentees their Heirs and assigns (in equal Shares Parts and Proportions the whole into Thirty equal Parts to be divided) respectively for ever as Tenants in Common Subject to the Quit Rents Provisos Reservations Limitations Conditions and Restrictions therein contained And Whereas the said Reese Meredith and the rest of the said Patentees (the said Thomas Wharton excepted) by Indentures of Lease and Release bearing Date on or about the Twenty third and Twenty fourth Days of April in the Year of our Lord One thousand seven Hundred and Seventy severally and respectively for the consideration herein mentioned (and in Order to enable him the said Thomas Wharton to vest the said other Owners with their respective Shares of and in the same pursuant to a Division thereof made and agreed to by the said Thomas Wharton and the other Parties concerned) did grant bargain sell alien release and confirm unto the said Thomas Wharton his Heirs and assigns All their several and respective Rights Parts Shares Proportions estates and interest of in and to the said Tract of Land tenements and premises herein before described And whereas by Indenture of Release bearing Date on or about the ninth Day of October in the Year of our Lord One thousand seven Hundred and Seventy one and made or expressed to be made between the said Thomas Wharton Senior then of the City of Philadelphia in the Province of Pensylvania northeast of the one Part and the said William Franklin of the other Part It is witnessed that in Execution of the Trusts aforesaid and for the Consideration therein mentioned He the said Thomas Wharton Did grant bargain sell alien release and confirm unto the said William Franklin his Heirs and Assigns All the two Lots of Land on which his Name was wrote in the Map or Plan Protracted on the back of the said Indenture now in recital and each numbered 6 containing one equal sixth part of the Tract or Parcel of Land described and patented as aforesaid which said two Lots are situate and ascertained as in the said Map was set forth being further described and the Lines supposed to run as follows, that is to say, One of them beginning at a Swamp Maple Tree standing on the West bank of the Cookguago or Main Branch of Delaware River opposite to a small island in the said River which Tree is marked on two Sides with three Notches and a Blaze above them and with the Letters F. T. being the South West Corner on said River, Franklin Township and is also Corner of a certain Tract of Land granted to Henry White and other his Associates thence North Thirty Degrees West along the Line of the said Township Three Hundred and Twenty Chains thence North Sixty Degrees East along the Line of Division between the River and Rear Lots in the said Township Sixty one Chains and Twenty Links Thence south Thirty Degrees East Two Hundred and Ninety five Chains and Sixty Links to the aforesaid Branch of the River Delaware thence down the several Courses thereof to the Place of beginning containing One thousand eight Hundred and Sixty Acres two Roods and Twenty two square Perches of Land the other beginning at a Stone being the most North westerly Corner of Franklin Township from which Corner South Thirty five Degrees East distant six Links stands a Beech Tree marked F. T. thence South Thirty Degrees East along the South West bounds of the said Township Two Hundred and Thirty nine Chains and fifteen Links to a Corner of Lot No. 5, thence North Sixty Degrees East Two Hundred and Eighty five Chains thirty Links to a Corner of Lot No. 5 in the North West bounds of said Town-Ship thence North Eighty one Degrees West along the North West bounds of said Township to the Place of beginning containing Three Thousand four Hundred and twenty six Acres two Roods and seventeen square Perches of land strict Measure which together contain five Thousand two Hundred and Eighty seven acres and thirty nine square Perches of Land strict Measure but if on an actual Survey thereof it should appear that the Lines there given did include either more or less than one equal sixth Part of the whole Tract then in order to establish Justice and Unity the Parties the same were to be regulated marked and ascertained by such actual Survey made together with all and singular the Liberties Privileges Hereditaments and Appurtenances thereto belonging To hold the said two Lots of Land or one equal sixth Part of the whole Tract in two Lots situate as aforesaid with the appurtenances unto and to the only use and behoof of the said William Franklin his Heirs and assigns for ever Subject to the Quit Rents due and to become due to the King his Heirs and Successors for or out of the same and the conditions provisoes Limitations and Restrictions in the said Letters Patent expressed and contained As by the said Letters Patent and Indentures of Release now remaining of Record in the Secretary’s Office at New York Relation being thereunto respectively had made more fully appear And whereas the said William Temple Franklin hath contracted and agreed with the said William Franklin for the absolute Purchase of all his said two Lots of Land and Hereditaments comprized in and conveyed to him the said William Franklin by the said last recited Indenture of Release and also all the several other Lots or Tracts of Land of him the said William Franklin in the said State of New York herein after particularly mentioned or referred to and the Inheritance in Fee Simple of the same several Lots or Tracts of Land and Hereditaments respectively at or for the Price or Sum of Fifteen Hundred Pounds Sterling Money of Great Britain Now this Indenture witnesseth that in pursuance of the said agreement and for and in consideration of the sum of Fifteen Hundred Pounds Sterling Money of Great Britain to the said William Franklin and well and truly paid by the said William Temple Franklin at or before the Sealing and and Delivery of these Presents the Receipt whereof he the said William Franklin doth hereby acknowledge and thereof and of and from every Part thereof doth acquit release and discharge the said William T Franklin his Heirs Executors Administrators and assigns and every of them forever by these Presents He the said William Franklin Hath granted bargained aliened sold enfeoffed released conveyed and confirmed and by these Presents Doth fully and absolutely grant bargain Sell alien enfeoff release convey and confirm unto the said William Temple Franklin his Heirs and assigns all these the said these two Lots of Land on which the name of Governor Franklin is wrote in the first Map or Plan hereunto annexed each numbered Containing one equal Sixth part of the Tract or Parcel of Land mentioned and described in and granted or patented by the said herein before recited Letters Patent which two Lots are situate and ascertained as in the said first map or Plan hereto annexed is mentioned and are further described and the Lines supposed to run as in the said Recited Indenture of Release particularly mentioned and herein before recited containing together five Thousand two Hundred and Eighty seven acres and thirty nine square Perches of Land for the same more or less And also all the several other Lots or Tracts of Land mentioned and specified in the other or second Plan or Chart hereunto annexed and marked and distinguished in the same Plan by the Name of Governor Franklin and Numbered with the Figures 18, 47, and 68, with their Appurtenances And also all that one undivided fourth Part of him the said William Franklin (the whole into four equal Parts to be divided) of and in all those several Lots or Tracts of Land in the said last mentioned plan or Chart specified and described by the Name of Governor Franklin and Numbered with the figures 55, 56, 58, 60, 61, 62, 64, 66, and 67 and all other the part or share or parts or shares of him the said William Franklin of and in the Lots or Tracts of Land mentioned or included in the Boundaries of certain Letters Patent called or known by the Name of the Otago Patent granted to Charles Read and others on or about the third Day of February One thousand seven Hundred and Seventy and which Lands in the same Patent are supposed to contain Sixty nine Thousand Acres or thereabouts and are situate lying and being in the County of Tryon in the said State of New York together with all and singular the Messuages or Tenements Houses Outhouses Edifices Buildings Improvements Ways Liberties Privileges Profits Commodities Advantages Emoluments Hereditaments Rights Members and Appurtenances whatsoever is the said several Lots or Tracts of Land and the undivided fourth Part of the Lots in the Otago Patent described and numbered as aforesaid Hereditaments and Premises hereby granted and conveyed belonging or in any wise appertaining And the Reversion and Reversions Remainder and Remainders Yearly and other Rents Issues and Profits of all and singular the said herein before described Lots and Parts or Shares of Land Hereditaments and Premises And also all the Estate Right Title Interest Trust Property Claim and Demand whatsoever both at Law in Equity of him the said William Franklin of in to or out of the said Lots and Parts or Shares of Land Hereditaments and all the singular other the Premises hereby granted and released or expressed and intended so to be and every or any part or parcel thereof Together with all Deeds Evidences and Writings touching or concerning the said Premises now in the Custody or Power of him the said William Franklin or of any Person or Persons In Trust for him or which he can or may come by without Suit at Law or in Equity To have and to hold the said several Lots and parts or shares of Land Messuages or Tenements and Hereditaments and all and singular other the premises hereby granted and released or expressed and intended so to be with their and every of their Rights Members and Appurtenances unto the said William Temple Franklin his Heirs and Assigns For the only proper Use and Behoof of him the said William Temple Franklin his Heirs and his assigns for ever and to or for no other Use Interest or Purpose whatsoever (Subject to the Quit Rents which now are or hereafter may become due for and in Respect of all and singular the Premises hereby intended to be conveyed to any State or Power whatsoever and to the Conditions Provisoes Limitations and Restrictions in the said Letters Patent expressed and contained as before recited) And the said William Franklin for himself his Heirs Executors and Administrators doth hereby Covenant Promise and Agree to and with the said William Temple Franklin his Heirs and assigns in Manner following, that is to say, that for and notwithstanding any Act Deed Matter or Thing whatsoever made done Executed Committed Occasioned or Suffered by him the said William Franklin to the contrary He the said William Franklin is at the Time of the Sealing and Delivery of these Presents fully rightfully and absolutely seized of and in or well and Sufficiently intitled to the said several Lots Parts or Shares of land Hereditaments and Premises hereby granted and released or expressed and intended so to be and every Part and Parcel thereof with the Appurtenances of a good sure perfect absolute and indefeazible Estate of Inheritance in fee Simple (Subject to the Quit Rents and the Conditions mentioned in the Patent before recited) And that for and notwithstanding any such Act Deed Matter or Thing as aforesaid He the said William Franklin now hath in himself good right full Power and lawful and absolute Authority to Grant Bargain Sell Release and Convey the said several Lots Parts or Shares of Land Hereditaments and Premises hereby Granted and Released or expressed and intended so to be and every Part and Parcel thereof with their Appurtenances (Subject as aforesaid) unto and to the use of the said William Temple Franklin his Heirs and Assigns for ever according to the true Intent and Meaning these Presents And also it shall and May be lawful to and for the said William Temple Franklin his Heirs and Assigns from time to time and at all times hereafter Peaceably and Quickly to enter into and upon and to have hold Occupy Possess and Enjoy all and singular the said several Lots Parts or Shares Pieces or Parcels of Land Hereditaments and Premises hereby granted and released or expressed and intended so to be with the Appurtenances (Subject as aforesaid) and to receive and take the Rents Issues and Profits thereof and of every part and parcel thereof to and for his and their own Use and Benefit without any lawful Let Suit Trouble Denial Eviction Ejection or Interruption whatsoever of or by the said William Franklin or his Heirs or of or by any other Person or Persons whomsoever lawfully Claiming or to Claim any Estate Right or Interest of in to or out of the same Premises by from under or in Trust for him or them and that free and clear and freely and clearly acquitted exonerated and discharged or other wise by him the said William Franklin his Heirs Executors and Administrators well and sufficiently saved defended kept harmless and indemnified of from and against all and all Manner of former and other Gifts Grants bargains Sales Leases Mortgages Jointures Dowers and all Right and Title of Dower Uses Trusts Wills Intails Statutes Recognizances Judgments Extents Executions Annuities Legacies Payments (Quit Rents and Conditions contained in the Patent before mentioned excepted) and of and from and against all and singular other Estates Titles Troubles Charges and Incumbrances whatsoever had made done executed remitted or willingly or knowingly occasioned permitted or suffered by him the said William Franklin or any other Person or Persons lawfully Claiming or to Claim by from under or in trust for him or them And moreover that he the said William Franklin and his Heirs and every other Person and Persons having or lawfully Claiming or who shall or may have or lawfully Claim any Estate Right Title Trust or Interest of in to or out of the said Lots parts or Shares Pieces or Parcels of Land Hereditaments and Premises hereby granted and released or expressed and intended so to be or any part or parcel thereof by from through under or In Trust for him or them shall and will from time to time and at all Times hereafter during the Space or time of Twenty Years next ensuing the Date of these Presents upon every reasonable Request and at the proper Costs and Charges in the Law of the said William Temple Franklin his Heirs or Assigns make do and execute or raise and procure to be made done and Executed all and every such further and other lawful and reasonable Act and Acts Thing and Things Devices Conveyances and Assurances in the Law whatsoever for the further better more perfect Granting & Conveying Assuring and Confirming the sd Lots Parts or Shares Pieces or Parcels of Land Hereditaments and Premises hereby granted and Released or expressed and intended so to be or any part thereof with the Appurtenances unto and to the Use of the said William Temple Franklin his Heirs and Assigns for ever or as he or they shall direct or appoint as by the said William Temple Franklin his Heirs or Assigns or his or their Council in the Law shall be reasonably devised advised or required so as no such further Assurance or Assurances contain or imply any further or other warranty or Covenant than against the Person or Persons who shall be required to make and execute the same and his or their Heirs Executors and Administrators Acts and Deeds only and so as the Person or Persons who shall be required to make and Execute any such further Assurance or Assurances be not compelled or compellable for the making or doing to go or Travel from his or her or their then respective Dwelling or Dwellings or usual place or Places of abode In Witness whereof the said Parties to these Presents have here unto set their Hands and Seals the Day and Year first above written.

Received on the day of the date of the within
written Indenture of and from the within named
William Temple Franklin the Sum of Fifteen Hundred£1500:0:0
Pounds being the full Consideration Money within
mentioned to be by him paid to me
Witness: B Franklin Jona Williams Jr B. F. Bache

Wm: Franklin

Sealed and delivered in the Presence of B Franklin Jona Williams Jr B F. Bache
Notation: William Franklin Esquire to William Temple Franklin Esqr. [these names are joined by a brace] Grant or Conveyance of [?] Tracts of Land situate in the State of New York in North America.
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