DEED: Henry to Phynn, 1799; Saratoga Co., NY submitted 1999 by Leslie B. Potter (lbp@axs2000.net). ************************************************************************ USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ************************************************************************ This is a deed to land in Saratoga County, but the deed is recorded in the Department of State Dockets, which are now in the custody of the New York State Archives in Albany Henry, et ux, et al to Phyn and Ellice (Vley Lot in Great Lott 15 of the Saratoga Patent) Department of State Docket 35 page 347 This Indenture tripartite made the thirty first day of December in the year of our Lord one thousand seven hundred and ninety nine Between Robert R. Henry of the City of Albany and State of New York Merchant and Isabella his wife of the first part, John Vernon Henry of the same place counselor at law and Charlotte his wife of the second part and James Phyn of the city of London in the kingdom of Great Britian and Alexander Ellice of Bath in the same Kingdom Merchants of the third part. Witnesseth that the said parties of the first part for and in consideration of the sum of twelve thousand five hundred dollars to them in hand paid by the said parties of the third part at or before the sealing and delivery of these presents the receipt whereof they the said parties of the first part do hereby acknowledge and thereof do release the said parties of the third part their heirs executors, administrators and assigns forever by these presents. And also in consideration of one dollar of like Money to the said parties of the second part in hand paid by the said parties of the third part at or before the sealing and delivery of these presents the receipt whereof is also hereby acknowledge they the said parties of the first part and they the said parties of the second part at the desire and request of the said Robert R. Henry testified by his being a party to and sealing these presents have and each of them hath Granted, bargained, sold, aliened, released and confirmed and by these presents do and each of them doth grant bargain, sell, alien, release and confirm unto the said parties of the third part their heirs and assigns All that certain farm situate in the Town of Stillwater in the County of Saratoga and State of New York being part of the tract of land commonly called the Vley Bounded as follows that is to say Beginning at a point on the West bank of Hudson's river forty six chains to the Southward of the south side of the mouth of a small brook on the said bank which brook or a Stump at the mouth thereof is the Southwest corner of lot number sixteen of the Saratoga Patent the said point being in the direction of the division fence between the Farm hereby conveyed and a farm belonging to and in the actual occupation of Evert Van Den Berg and running thence as the needle now points north seventy eight degrees and thirty minutes West four chains to the northeast corner of the Barn thence Southwardly, West wardly and othwardly including the Barn to the northwest corner thereof thence north forty three degrees West sixty two links thence north eighty degrees and fifteen minutes West seven chains and sixty two links thence south forty seven degrees West twenty chains and ninety five links thence north along the fence and by old marked trees, seventy one degrees West sixty two chains and a half to a corner tree marked thence north twenty three degrees east forty eight chains to a beech tree with old marks and some new ones standing by a run of water thence South sixty degrees east crossing the said run of water six chains and thirty two links thence South seventy six degrees east fifty chains, thence south eighty degrees east twenty chains to the bank of the river to a point eleven chains and twenty five links or forty five roods distant from the Southeast Corner of Lot number sixteen aforesaid and thence Southwardly along the bank of the river thirty four chains and seventy five links to the place of beginning Containing three hundred and seventy five acres and seventy five one hundredths of an acre together with the buildings hereditaments and appurtenances to the premises belonging or appertaining and the reversion, remainder, rents issues and profits thereof and all the estate right, title, interest use trust, profit claim and demand whatsoever both at law and in equity of them the said parties of the first part and second part of in or to the same premises subject to a Mortgage executed by the late James Vernon to the loan officers of the County of Albany on which there is now due the Sum of two hundred and ten dollars and forty cents and subject also tot he conditions reservations and exception contained in the original grant or patent for the tract of land commonly called the Saratoga Patent within which the premises are included to Have and to hold the premises with their and every of their rights members and appurtenances (subject aforesaid) unto the said parties of the third part their heirs and assigns to the sole use of the said parties of the third part their heirs and assigns for ever not as tenants in common but as joint tenants. And the said Robert R. Henry and John V. Henry for themselves and each of them their and each of their heirs. Executors and administrator do covenant with the said parties of the third part their heirs and assigns as follows that is to say First that they the said Robert and John or one of them is or are now lawfully seized of an absolute and indefeasible estate of inheritance in fee simple in the premises subject as aforesaid and hath or have in himself or themselves full power to convey the same to the said parties of the third part their hers and assigns in manner aforesaid Secondly that it shall be lawful for the said parties of the third part of the Survivor of them and the heirs and assigns of such Survivor at all times forever hereafter peaceably and quietly to enter into hold and enjoy the premises and every part thereof without the lawful let suit trouble or eviction of any person or persons whomsoever and that free and clear from all estates, charges, condition or encumbrances whatsoever subject however as aforesaid. Thirdly that the said Robert and John and their heirs and all persons claiming or to claim any estate in the premises or any part thereof by from under or in trust for them or either of them shall and will at all times hereafter on the reasonable request and at the costs of the said parties of the third part of the survivors of them or the heirs and assigns of such survivor make do acknowledge levy suffer and execute such farther assurances for more completely vesting the fee simple in the premises in the said parties of the third part or the Survivor of them and the heirs and assigns of such survivor forever as by the said parties of the third part or the Survivor of them or the heirs and assigns of such Survivor or is or their counsel learned in the Law shall be devised and required (Subject however as aforesaid) In witness whereof the parties to these presents have hereunto set their hand and Seals the day and year above written R. R. Henry (SS) Sealed and delivered in presence to the word "chains" written on erasure before execution also the word “north” interlined before executor. H. Bleecker. Jeremiah Lansingh: - Be it remembered that on the twenty fourth day of January in the year of our Lord one thousand eight hundred personally appeared before me Jeremiah Lansingh one of the Masters in Chancery for the State of New York Robert T. Henry and Isabella his wife and John V. Henry and Charlotte his wife. And the said Robert and John acknowledged that they had signed sealed and delivered the within deed voluntarily for the uses therein mentioned and the said Isabella and Charlotte having been severally and privately examined by me apart from their said husbands acknowledged that they had signed, sealed and delivered the within deed freely without any threats fear or compulsion of their said husbands and Personally knowing the said Robert and Isabella, John and Charlotte to be the persons described in the within deed and having executed the same and finding therein no material erasures, interlineations orobliteration's except those noted do allow the said deed to be recorded Jeremiah Lansingh. The preceding Indenture was Recorded at the request of Barent Bleecker and agrees with the Original Compared therewith this 21st day of July 1800 by me. Daniel Hale___