Quitclaim Deed: Catherine Smith, Lucy Colburn, Orson Smith, and Elizabeth Holbrook to Anson Smith; Chautauqua co., New York Copyright 2006 by Sarah Gates Sully (sarah_sully at sbcglobal.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm ************************************************ Transcribed from the original, in posesson of Sarah Gates Sully Parties of the first part and party of the second part are heirs of Melancthon W. Smith This indenture, made this Sixth day of March in the year of our Lord one thousand eight hundred and seventy three, between Catherine Smith of Poland, in the County of Chautauqua, State of New York, Lucy Colburn, of the same place, Orson Smith of Fort Wayne, Allen County, State of Indiana, and Elizabeth Holbrook of the town of Randolph, Cattaraugus County, New York of the first part and Anson Smith of the town of Salamanca in the County of Cattaraugus in the State of New York of the second part, Witnesseth That the said party of the first part, in consideration of the sum of One Dollar to them in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, have bargained, sold, remised and Quit=claimed, and by These Presents do bargain, sell, remise and Quit-Claim unto the said part of the second part, Anson Smith and to his heirs and assigns forever, all that part of Lot number Eight in said town of Poland which is Bounded as follows, viz: Commencing at the South East corner of said Lot and running North along the East bounds thereof sixty chains and seven links to the center of the Connewanga Creek; thence by various angles down the center of said creek to the point where the center line of said creek intersects the center line of the Randolph Road at the Waterboro Bridge; thence Southerly down the center of said creek to Lot number fifteen in said town; thence East in a straight line along the North bounds of Lot number seven in said town to the place of beginning containing two hundred & seventy eight acres of land be the same more or less; Excepting and reserving from the above described premises the right of way for the Atlantic Great Western Railroad as heretofore conveyed by former owners: The above description is intended to include all the lands of Melancthon W. Smith, held by him in his lifetime, situate in the Town of Poland aforesaid, to wit; two hundred acres of land conveyed to said Melancthon W. Smith by Lawrence S. Bartlett and wife by deed bearing date April 13th 1850 recorded in Chautauqua County Clerk's Office April 17th 1850 in Liber 49 of Deeds Page 228; seventy acres of land conveyed to the same party by the same parties March 8th 1860; seventy-seven rods of land conveyed to the same party by Lawrence S. Bartlett and wife and Warren Grover July 29th 1858 and seven and eighty-eight one hundredths acres conveyed to the same party by Sylvia Holbrook April 4th 1855. This conveyance to the party of the second part is also subject to a certain lease of about six acres of land of the premises above described, made by said Melancthon W. Smith in his lifetime, to wit: May 20th 1872 to William S. Day and Daniel S. Swan for the term of twelve years. The said Orson Smith, Anson Smith, Elizabeth Holbrook, and Lucy Colburn are the children and only heirs at law of said Melancthon W. Smith who died intestate and said Catherine Smith is the widow of said deceased. Together with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appurtaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, claim and demand whatever, of the said party of the first part, either in law or equity, of, in and to the above bargained Premises, with the said hereditaments and appurtenances, to Have and to Hold the said premises to the said party of the second part, his heirs and assigns, to the sole and only proper benefit and behoof of the said party of the second part, his heirs and assigns forever. In Witness Whereof, The parties of the first part have hereunto set their hands and seals the day and year first above written. Sealed and delivered by Orson Smith in Presence of Jay E. Graham (signature) Horace Granger (signature) Rodney R. Crowley, withness to Signature of Catherine Smith her Catherine X Smith (and seal) mark Mrs. Lucy Colburn (signature and seal) Orson Smith (signature and seal) Elizabeth Holbrook (signature and seal) State of Indiana, Allen County } ss. On the 14th day of March in the year one thousand eight hundred and seventy-three before me, the subscriber, personally appeared Orson Smith to me known to be the same person described in and who executed the within instrument, and acknowledged that he executed the same. Jas. E. Graham, J,P. (seal) State of New York, Cattaraugus County,} ss. On this 22nd day of March in the year one thousand eight hundred and seventy-three before me, the subscriber, personally appeared Catherine Smith, Lucy Colburn and Elizabeth Holbrook (wife of Wales Holbrook) to me known to be the same persons described in and who executed the within instrument, and severally acknowledged that they executed the same; and the said Elizabeth Holbrook on a private examination by me, apart from her said husband; acknowledged that she executed the same freely, and without any fear or compulsion of her said husband. Rodney R. Crowley Justice of the Peace State of New York Cattaraugus County Clerk's office} ss. I, William W. Welch, Clerk of said County and of the Courts thereof, being Courts of Record, do certify that Rodney R. Crowley before whom the annexed instrument in writing was proved or acknowledged, was, at the time of taking such proof or acknowledgement, a Justice of the Peace in and for said County, and duly authorized to take the same, and that I am well acquainted with his handwriting, and verily believe that the signature to such proof or acknowledgement is genuine, and that said instrument is executed and acknowledged according to the laws of the State of New York. In testimony whereof I have hereunto subscribed my name and affixed the seal of said County, at Little Valley, this 15th day of May 1878. William W. Welch, Clerk.