BROWN: Worcester County Deeds, 1849-1872

[margin] Brown Oliver to Wm. Brown Equity Sold See B. 493, P. 241.

Know all men by these presents that I Oliver Brown of Hubbardston in the County of Worcester and Commonwealth of Massachusetts yeoman in consideration of four hundred Dollars paid by William Brown of Sutton in said County yeoman the receipt whereof I do hereby acknowledge do give grant sell and convey unto the said William Brown a certain tract of land with the buildings thereon situate in the Northerly part of said Hubbardston containing about sixty acres more or less and bounded as follows to wit: Beginning at the South westerly corner thereof on the road and at the Southeasterly corner of the widow Millecent [sic] Richardson's dower thence running by land of Austin Brown North 39 1/2° East forty five rods and six tenths to a stake and stones thence by land of said Austin Brown North 57° East [ninety seven?] rods to a corner of the [unreadable] [complete line unreadable] land of Parley Williams thence South 57 1/2° West by land of said Parley and land of Oliver Witt to a stake & stones and corner of Oliver Witt's land thence South 6° West by land of said Witt forty five rods to said road thence by said road Westerly to the first mentioned bound.

To have and to hold the aforegranted premises to the said William Brown his heirs and assigns to his and their use and behoof forever and I do for myself my heirs executors and administrators covenant with the said William Brown his heirs and assigns that I am lawfully seized in fee of the aforegranted premises that they are free of all incumbrances -^ a mortgage to Shurtleff & Selfridge of eight hundred Dollars now due thereon that I have good right to sell and convey the same to the said William Brown and that I will warrant and defend the same premises to the said William Brown his heirs and assigns forever against the lawful claims and demands of all persons excepting as aforesaid.

Provided nevertheless that if the said Oliver Brown his heirs executors or administrators pay to the said William Brown his heirs executors administrators or assigns the sum of four hundred Dollars on demand with interest then this deed as also certain note bearing date with these presents given by the said Oliver Brown to the said William Brown to pay the same sum at the time aforesaid shall be void otherwise shall remain in full force.

In witness whereof I the said Oliver Brown and Azubah Brown my wife in token of relinquishing all right to title to dower in the premises have hereunto set our hands and seals this thirteenth day of June in the year of our Lord one thousand eight hundred and forty nine.

Signed sealed and delivered in presence of William Brown -^ Oliver Brown (seal) Azubah Brown (seal)

Worcester ss June 15th 1849 then the above named Oliver Brown acknowledged the above instrument to be his free act and deed before me Alex. H. Wilder Just of Peace

Recd June 15th 1849 at 11h. 55m. A.M. Ent & Exd By Alex. H. Wilder Regr.

[margin] Brown Oliver to William Brown

Know all men by these presents that I Oliver Brown of Hubbardston in the County of Worcester and Commonwealth of Massachusetts yeoman in consideration of three hundred and tweny five dollars paid by William Brown of said Hubbardston yeoman the receipt whereof I do hereby acknowledge do hereby give grant sell and convey unto the said William Brown his heirs and assigns a certain tract of land situated in the northwest part of said Hubbardston with the buildings thereon and bounded as follows viz. beginning at a stake and stones on the northerly side of a town road thence North 6 1/2° East twenty seven rods to a stake and stones - thence North [?] West twenty three roads and twenty three links to a stake and stones on the line of land formerly Betsey Selfrydes [sic] - thence on said line South 5 1/2° West eight rods and ten links - thence on land formerly said Betseys South 6° West forty five rods to the aforesaid road - thence crossing said road South 6° East thirty nine rods to a heap of stones at Abiel Murdocks line so called - thence on said Murdocks line North 57 1/2° -^ about 56 rods to said town road - thence on said road North 80° West thirty three rods - thence crossing said road to the first mentioned bounds containing by estimation ten and one half acres more or less. Also another tract of land containing by estimation seven and one half acres more or less situated in said Hubbardston bounded as follows: beginning at a stake and stones a corner of land formerly owned by Edward Murdock and formerly Daniel Barnes' line - thence on said Barne's line North 57° East twent five rods to a stake and stones being a corner of one Capt. Mann's lands - thence on said Mann's line North 32 1/2° West about fifty nine rods to a stake and stones - thence South 17 3/4° West twenty eight rods and eighteen links to a white pine stump - thence South 26° East forty three rods and nine links to the first mentioned bound.

To have and to hold the aforegranted premises to the said William Brown his heirs and assigns to his and their use and behoof forever. And I do for myself my heirs executors and administrators covenant with the said William Brown his heirs and assigns that I am lawfully seized in fee of the aforegranted premises that they are free of all incumbrances except a mortgage to Oliver Hall [sic] given to secure the payment of three hundred and twenty fene [sic] dollars which said Grantee is to pay that I have good right to sell and convey the same to the said Wm. Brown and that I will and my heirs shall warrant and defend the same premises to the said William Brown his heirs and assigns forever against the lawful claims and demands of all persons excepting said mortgage.

In witness whereof I the said Oliver Brown have hereunto set my hand and seal this seventh day of April in the year of our Lord one thousand eight hundred and fifty two.

Signed sealed and delivered in presence of Samuel Swan George Swan Oliver Brown (seal)

Worcester ss. April 7th 1852. Then the above named Oliver Brown acknowledged the above instrument to be his free act and deed.

Before me George Swan Just. of Peace

Recd. April 9th 1852 at 11h. 10m. A.M. Entd. & Exd. By Alex. H. Wilder Regr.

[margin] Rice Carlo &c to Emeline Brown

Know all men by these presents that we Carlo Rice, Emory Rice and Lucy Rice all of Barre in the County of Worcester and Commonwealth of Massachusetts in consideration of eleven hundred dollars paid by Emeline Brown of Hubbardston in the County aforesaid, the receipt whereof we do hereby acknowledge, do give grant sell and convey unto the said Emeline Brown her heirs and assigns a certain piece of land situated in said Hubbardston near the centre of said town, containing eighty square rods be the same more or less, with the buildings thereon and bounded as follows to wit: beginning at a stake and stones on the Southerly side of the road leading from Hubbardston to Barre at a corner of land of Wm. C. Titus, then running South 28° East on said Titus' line twelve rods and eight links to a stake and stones, then North 60° East six and a half rods to a stake and stones, then North 28° West twelve rods and eight links by land of Appleton Clark to a stake and stones by the road aforesaid, then South 60° West six and a half rods by said road to the first mentioned bound. The Grantee is to build and ever keep in repair the whole of the fence on the line which separates the premises from adjoining land of Appleton Clark.

To have and to hold the aforegranted premises to the said Emeline Brown her hairs and assigns to her & their use and behoof forever. And we do for ourselves our heirs executors and administrators covenant with the said Emeline Brown her heirs and assigns that we are lawfully seized in fee of the aforegranted premises, that they are free of all incumbrances, it being the same premises that was conveyed by Appleton Clark to Nathaniel Rice late of Barre deceased by deed bearing date May 21 1850, that we have good right to sell and convey the same to the said Emeline Brown and that we will and our heirs shall warrant and defend the same premises to the said Emeline Brown her heirs and assigns forever against the lawful claims and demands of all persons. [illegible] the said Carlo Rice, Emory Rice and Lucy Rice and I Mary J. Rice wife of the said Emory in token of relinquishment to my right of dower in the aforegranted premises, have hereunto set our hands and seals this twenty seventh day of March in the year of our Lord one thousand eight hundred and fifty six.

Signed sealed and delivered in presence of Wm. Bennett Jr. wit to E. R. & C. R. Lydia A. Fay Jerusha [F.?] Rice Carlo Rice (seal) Emory Rice (seal) Lucy Rice (seal) Mary J. Rice (seal)

Worcester ss. March 27 1856. Then the above named Carlo Rice & Emory Rice acknowledged the above instrument to be their free act and deed.

Before me Wm. Bennett Jr. Just. of Peace.

Recd. Apr. 1st 1856 at 3h. 28m. P.M. Entd. & Exd. By Alex. H. Wilder, Regr.

[margin] Brown Fredk. L. &c to Chas. D. Brown

Know all men by these presents that whereas I Emeline Brown of Hubbardston in the County of Worcester and Commonwealth of Massachusetts Guardian of Fredrick [sic] L. Brown, Eliza Jane Brown, Azubah A. Brown, Oliver H. Brown, Lurah Brown & Wm. E. Brown minor children of Wm. Brown late of said Hubbardston deceased by an order of the Court of Probate held at Worcester within and for the County of Worcester on the third day of February in the year one thousand eight hundred and fifty seven, was licensed and empowered to sell and pass deeds to convey certain real estate of the said Minors, and whereas I the said Guardian having given public notice of the intended sale by causing notifications thereof to be posted up thirty days prior to the time of sale in the towns of Hubbardston, Gardner and Westminster and having first taken the oath and given the bond by law in such cases required did on the twenty fifth day of March in the year one thousand eight hundred and fifty seven pursuant to the order and notice aforesaid sell by public auction the real estate of the said Minors hereinafter described to Charles D. Brown of said Hubbardston for the sum of one hundred and fifty four dollars he being the highest bidder therefor.

Now therefore know ye, that I the said Emeline Brown Guardian as aforesaid by virtue of the power and authority in me vested as aforesaid and in consideration of the aforesaid sum of one hundred and fifty four dollars to me paid by the said Charles D. Brown the receipt whereof is hereby acknowledged do by these presents give grant sell and convey unto the said Charles D. Brown all said Minors interest in a certain tract of land with the buildings thereon situated in the Northwesterly part of said Hubbardston containing about eighteen acres be the same more or less, and is the same estate that was conveyed by Oliver Brown to the said Wm. Brown deceased by deed bearing date April 7, 1852 and recorded in the Registry of Deeds for said County Book 488 Page 602, for a more particular description reference may be had to said deed, said Minors interest therein being six undivided seventh parts thereof, subject to the right of dower of the widow of said deceased.

To have and to hold the aforegranted premises with all the privileges and appurtenances to the same belonging to him the said Charles D. Brown his heirs and assigns to his & their use and behoof forever, and I the said Emeline Brown for myself my heirs executors and administrators do hereby covenant with the said Charles D. Brown his heirs and assigns that in pursuance of the order aforesaid I gave public notice of the said intended sale in manner aforesaid and that I took the oath of law required previous to fixing on the time and place of sale and gave the bond previous to said sale.

In witness whereof I the said Emeline Brown Guardian as aforesaid have hereunto set my hand and seal this twenty fifth day of March in the year of our Lord one thousand eight hundred and fifty seven.

Signed sealed and delivered in presence of Wm. Bennett Jr. -^ Emeline Brown (seal)

Worcester ss, January 30, A.D. 1858. The personally appeared the above named Emeline Brown Guardian and acknowledge the foregoing instrument to be her free act and deed.

Before me Wm. Bennett Jr. Justice of the Peace.

Recd. Feby. 3d 1858 at 4h. P.M. Entd. & Exd. By Alex. H. Wilder Regr.

[margin] Brown Chas. D. to Shepherd Brown

Know all men by these presents that I, Charles D. Brown of Ashburnham in the County of Worcester and Commonwealth of Massachusetts in cosideration of two hundred dollars paid by Shepherd Brown -^, the receipt whereof I do hereby acknowledge, do hereby give, grant, sell and convey unto the said Shepherd Brown, his heirs and assigns, a certain tract of land situated in the Northerly part of Hubbardston, containing about eighteen acres, be the same more or less, and is the same Estate that was conveyed by Oliver Brown to William Brown by deed bearing date April 7, 1852 and recorded in the Registry -^ Deeds for said County Book 488 Page 602. For a more particular discription [sic] referance [sic] may be had to said deed.

To have and to hold the afore granted premises to the said Shepherd Brown, his heirs and assigns, to his and their use and behoof forever. And I do for mysel, [sic] my heirs, executors and administrators covenant with the said Shepherd Brown, his heirs and assigns, that I am lawfully seized in fee of the afore granted premises: that they are free of all incumbrances, that I have good right to sell and convey the same to the said Shepherd Brown and that I will and my heirs shall warrant and defend the same premises to the said Shepherd Brown, his heirs and assigns forever against the lawful claims and demands of all persons. And -^ wife of the said -^ for the consideration aforesaid, do hereby release and quitclaim unto the said -^ heirs and assigns, all right, claim or possibility of dower in said premises. [sic, whole sentence underlined, CDB not yet married]

In witness whereof, I, the said Charles D. Brown have hereunto set my hands [sic] and seals [sic] this ninth day of August in the year of our Lord one thousand eight hundred and sixty.

Signed, sealed and delivered in presence of Benj. D. Phelps -^ Charles D. Brown [no visible seal]

Worcester ss. August 9, 1860. Then the above named Charles D. Brown acknowledged the above instrument to be his free act and deed.

Before me Benj. D. Phelps Just. of Peace.

Recd. Aug. 10th 1860 at 10h. 40m. A.M. Entd. & Exd. By Alex. H. Wilder, Regr.

[margin] Hervey Spaulding to Chas. D. Brown Stamp ($2.00 Cancelled)

Know all men by these presents that I Spaulding Hervey of Milford in the County of Worcester and Commonwealth of Massachusetts in consideration of eighteen hundred dollars paid by Charles D. Brown of said Milford the receipt whereof I do hereby acknowledge, do hereby give grant sell and convey unto the said Charles D. Brown his heirs and assigns a certain piece of land with the dwelling house and barn thereon situated in said Milford on the Westerly side of Congress Street (so called) and bounded: Beginning at the Northeasterly corner of the premises on said street, thence S. 4 1/2° E. on said street 4 r. 3 l. thence N. 88 1/4° W. 9 rods 15 links to a stake and stones by land formerly of Isaac Brigham, thence N. 2 1/2° E. 4 rods & 3 links by said Brigham land, thence S. 88 1/4° E. nine rods to the place of beginning. Including one half of the well through which said line runs bounding Southerly by land supposed to be owned by the wife of P. P. Parkhurst and Northerly by land of one Newell Daniels.

To have and to hold the aforegranted premises to the said Charles D. Brown his heirs and assigns to his and their use and behoof forever. And I do for myself my heirs executors and administrators covenant with the said Charles D. Brown his heirs and assigns that I am lawfully seized in fee of the aforegranted premises that they are free of all incumbrances that I have good right to sell and convey the same to the said Charles D. Brown and that I will and my heirs shall warrant and defend the same premises to the said Charles D. Brown his heirs and assigns forever against the lawful claims and demands of all persons.

In witness whereof I the said Spaulding Hervey have hereunto set my hand and seal this tenth day of September in the year of our Lord one thousand eight hundred and sixty six.

Signed sealed and delivered in the presence of the word (Newell) being first interlined John S. Scammell -^ Spaulding Hervey (seal)

Worcester ss. Sept. 10, 1866. Then the above named Spaulding Hervey acknowledged the above instrument to be his free act and deed.

Before me John S. Scammell Justice of the Peace

Recd. Sept. 12th 1866 at 8h. A.M. Entd. & Exd. By Alex. H. Wilder Regr.

[margin] Brown Chas. D. to Sarah G. Allen Stamp $1.50 (Cancelled)

Know all men by these presents that I Charles D. Brown of Milford in the County of Worcester and Commonwealth of Massachusetts in consideration of twelve hundred dollars paid by Sarah G. Allen of Mendon in the said County of Worcester the receipt whereof I do hereby acknowledge, do hereby give grant sell and convey unto the said Sarah G. Allen her heirs and assigns a certain piece of land with the dwelling house and barn standing thereon situated in said Milford on the Westerly side of Congress Street (so called) and bounded Northerly by land of Newell Daniels, Westerly by land formerly of Isaac Brigham, Southerly by land of the wife of P. P. Parkhurst and Easterly by Congress Street or however otherwise bounded. Being the same premises this day deeded to the said Brown by Spaulding Hervey.

To have and to hold the aforegranted premises to the said Sarah G. Allen her heirs and assigns to her & their use and behoof forever. And I for myself my heirs executors and administrators do covenant with the said Sarah G. Allen her heirs and assigns that I am lawfully seized in fee of the aforegranted premises that they are free of all incumbrances that I have good right to sell and convey the same to the said Sarah G. Allen and that I for myself my heirs executors and administrators will warrant and defend the same premises to the said Sarah G. Allen her heirs and assigns forever against the lawful claims and demands of all persons, that I will keep the buildings which are or may be erected on said premises during the continuance of this mortgage constantly insured against the hazard of fire to a reasonable amount and will assign the policies of such insurance to said Allen her executors administrators and assigns and will from time to time reasonably before the expiration of any such policy renew and assign the same in manner aforesaid. And if the said insurance shall not be constantly continued and the policy thereof is assigned I hereby grant to said Allen her executors administrators and assigns or either of them the right to insure said buildings at my expense and I hereby authorize the said Allen her executors administrators or asigns or either of them for the purpose of effecting such insurance to create a lien upon the lands under said buildings and to do all things necessary or proper for effecting said insurance.

Provided nevertheless that if the said Charles D. Brown his heirs executors or administrators pay to the said Sarah G. Allen her heirs executors administrators or assigns the sum of twelve hundred dollars and interest thereon from date in manner as follows to wit: ten hundred dollars annually from date with the interest on the whole semiannually from date together with such sums if any as said Allen her executors administrators or assigns or either of them shall pay for the insurance of said buildings with lawful interest for the same semiannually then this deed as also a certain note having even date with these presents given by the said Brown to the said Allen to pay the same sum with interest at the times aforesaid shall be void. But if default shall be made in payment of the sums of money mentioned in the condition of this mortgage deed or any part thereof or the interest thereon then in case of such default the said grantor does hereby authorize and empower and make this his irrevocable power of attorney for the said Sarah G. Allen her executors administrators or assigns to sell and dispose of the aforegranted premises or any part thereof, and all benefit and equity of redemption of the said grantor his heirs executors administrators or assigns therein and either during the life or after the death of the said grantor in his name or in the name of his executors administrators or assigns or in the name of the said Allen or her executors administrators or assigns or otherwise to make execute acknowledge and deliver to the purchaser or purchasers of said premises or any part thereof the necessary deed or deeds with the usual covenants therein for conveying said premises or any part thereof in fee simple And out of the proceeds of such sale or sales to retain and pay the principal and interest then unpaid on said sum mentioned in the condition of this mortgage deed with all reasonable costs charged or expenses of any suit or suits concerning the premises and of such sale and conveyance or incurred in relation thereto and reasonable compensation for making such sale and conveyance and doing all things necessary and proper in the premises accounting for and paying to the said grantor his heirs or assigns the overplus if any in a reasonable time after demand thereto. Provided however that some one or more of the persons herein before authorized and empowered to make such sale, shall make before some Justice of the Peace an affidavit that he had at the time of such sale an interest in this mortgage that such sale was made at public auction on said granted premises and that notice was given of the time and place of such sale, by posting up notifications thereof thirty days at least before the time of sale, in two public places in said town of Milford and publishing the same three weeks successively in some newspaper printed in said County of Worcester and that such affidavit shall be so made and with a copy of the notice recorded in the Registry of Deeds for said County of Worcester within thirty days after such sale. And I Mary E. Brown wife of the said Charles D. Brown for the consideration aforesaid do hereby release and quitclaim unto the said Allen her heirs and assigns all the right title claim or demand which I may have in and unto the premises hereby conveyed under or by notice of the homestead exemption laws of the Commonwealth of Massachusetts and also all right claim or possibility of dower in said premises.

In witness whereof I the said Charles D. Brown and Mary E. Brown who for the consideration aforesaid joins in and fully assents to the Power of sale aforewritten and agrees to and confirms the same to the said Allen her heirs and assigns executors & administrators have hereunto set our hands and seals this tenth day of September in the year of our Lord one thousand eight hundred and sixty six.

Signed sealed and delivered in presence of us the words (thereon Charles D. Brown his) being first interlined and the words (twelve hundred dollars being first erased. John S. Scammell to C.D.B. Ida O. Walker Charles D. Brown (seal) Mary E. Brown (seal)

Commonwealth of Massachusetts Worcester ss. Sept. 10, 1866. Then personally appeared the within and above named Charles D. Brown and acknowledged the within and above instrument to be his free act and deed.

Before me John S. Scammell Justice of the Peace.

Recd. Sept 12th 1866 at 8h. A.M. Entd. & Exd. By Alex. H. Wilder Regr.

[margin] Know all men by these presents that I Sarah G. Allen the mortgagee named in a certain mortgage given by Charles D. Brown to said Sarah G. Allen dated September 10 A.D. 1866 and recorded with Worcester County Deeds Libro 730 Folio 559 do hereby acknowledge that I have received from Dora M. Warfield assignee of the mortgagor named in said mortgage full payment and satisfaction of the same and in consideration thereof I do hereby cancel and discharge said mortgage and release and quitclaim unto the said Dora M. Warfield and her heirs and assigns forever the premises thereby conveyed. In witness whereof I hereunto set my hand and seal this first day of February A.D. 1872.

Sarah G. Allen (seal) Signed and sealed in the presence of Geo. G. Parker -^

Commonwealth of Massachusetts Worcester ss. February 1, 1872. Then personally appeared the abovenamed Sarah G. Allen and acknowledged the foregoing instrument to be her free act and deed.

Before me Geo. G. Parker Justice of the Peace Recd. April 24th 1872 at 11h. 10m. A.M. Entd. & Exd. By Alex. H. Wilder Regr.

[margin] Brown Chas. D. to Spaulding Hervey Stamp .50 (Cancelled)

Know all men by these presents that I Charles D. Brown of Milford in the County of Worcester and Commonwealth of Massachusetts in consideration of four hundred dollars paid by Spaulding Hervey of Milford aforesaid the receipt whereof I do hereby acknowledge, do hereby give grant sell and convey unto the said Spaulding Hervey his heirs and assigns a certain piece of land with the dwelling house & barn standing thereon situated in said Milford on the Westerly side of Congress Street so called and bounded Easterly by said Congress Street Northerly by land of Newell Daniels Westerly by land formerly of Isaac Brigham Southerly by land of the wife of P. P. Parkhurst. This deed being subject to a mortgage to Sarah G. Allen of 1200$ & interest.

To have and to hold the aforegranted premises to the said Spaulding Hervey his heirs and assigns to his & their use and behoof forever. And I for myself my heirs executors and administrators do covenant with the said Spaulding Hervey his heirs and assigns that I am lawfully seized in fee of the aforegranted premises that they are free of all incumbrances except a mortgage to Sarah G. Allen of twelve hundred dollars & interest that I have good right to sell and convey the same to the said Hervey and that I for myself my heirs executors and administrators will warrant and defend the same premises to the said Hervey his heirs and assigns forever against the lawful claims and demands of all persons excepting those claiming by or under said mortgage that I will keep the buildings which are or may be erected on said premises during the continuance of this mortgage constantly insured against the hazard of fire to a reasonable amount and will assign the policies of such insurance to said Hervey his executors administrators and assigns and will from time to time reasonably before the expiration of any such policy renew and assign the same in manner aforesaid. And if the said insurance shall not be constantly continued and the policy thereof as assigned I hereby grant to said Hervey his executors administrators and assigns or either of them the right to insure said buildings at my expense and I hereby authorize the said Hervey his executors administrators or assigns or either of them for the purpose of effecting such insurance to create a lien upon the lands under said buildings and to do all things necessary or proper for effecting said insurance.

Provided nevertheless that if the said Brown his heirs executors or administrators pay to the said Hervey his heirs executors administrators or assigns the sum of four hundred dollars and interest thereon from date in manner as follows to wit: two hundred -^ on the first day of January next and the remaining two hundred dollars in one year from said first day of January next with interest on the whole annually from date, together with such sums if any as said Hervey his executors administrators or assigns or either of them shall pay for the insurance of said buildings with lawful interest for the same semiannually then this deed as also a certain note bearing even date with these presents given by the said Brown to the said Hervey to pay the same sum with interest at the times aforesaid shall be void. But if default shall be made in payment of the sums of money mentioned in the condition of this mortgage deed or any part thereof or the interest thereon then in case of such default the said grantor does hereby authorize and empower and make this his irrevocable power of attorney for the said Hervey his executors administrators or assigns to sell and dispose of the aforegranted premises or any part thereof, and all benefit and equity of redemption of the said grantor his heirs executors administrators or assigns therein and either during the life or after the death of the said grantor in his name or in the name of his executors or administrators or assigns or in the name of the said Hervey his executors administrators or assigns or otherwise to make execute acknowledge and deliver to the purchaser or purchasers of said premises, or any part thereof the necessary deed or deeds, with the usual covenants therein for conveying said premises or any part thereof in fee simple and out of the proceeds of such sale or sales to retain and pay the principal and interest then unpaid on said sums mentioned in the condition of this mortgage deed with all reasonable costs charges or expenses of any suit or suits concerning the premises and of such sale and conveyance or incurred in relation thereto and reasonable compensation for making such sale and conveyance, and doing all things necessary and proper in the premises accounting for and paying to the said grantor his heirs or assigns the overplus if any in a reasonable time after demand thereto. Provided however that some one or more of the persons herein before authorized and empowered to make such sale shall make before some Justice of the Peace an affidavit that he had at the time of such sale an interest in this mortgage that such sale was made at public auction on said granted premises and that notice was given of the time and place of such sale by posting up notification thereof thirty days at least before the time of sale in two public places in said Town of Milford snd publishing the same three weeks successively in some newspaper printed in said County of Worcester and that such affidavit shall be made and with a copy of the notice recorded in the Registry of Deeds for said County of Worcester within thirty days after such sale. And I Mary E. Brown wife of the said Charles D. Brown for the consideration aforesaid do hereby release and quitclaim unto the said Hervey his heirs and assigns all the right title claim or demand which I may have in and unto the premises hereby conveyed under or by virtue of the homestead exemption laws of the Commonwealth of Massachusetts and also all right claim or possibility of dower in said premises.

In witness whereof I the said Charles D. Brown and Mary E. Brown who for the consideration aforesaid joins in and fully assents to the Power of sale aforewritten and agrees to and confirms the same to the said Hervey his heirs and assigns executors & administrators have hereunto set our hands and seals this tenth day of September in the year of our Lord one thousand eight hundred and sixty six.

Signed sealed and delivered in presence of us John S. Scammell to C.D.B. Ida O. Walker Charles D. Brown (seal) Mary E. Brown (seal)

Commonwealth of Massachusetts Worcester ss. Sept. 10th 1866 Then personally appeared the within and above named Charles D. Brown and acknowledged the within and above instrument to be his free act and deed.

Before me John S. Scammell Justice of the Peace.

Rec'd Sept. 12th 1866 at 8h. A.M. Entd. & Exd. By Alex. H. Wilder Regr.

[margin] Know all men by these presents that I Spaulding Hervey the mortgagee named in a deed of mortgage dated September tenth A.D. 1866 and recorded with Worcester County Deeds Lib. 730 Fol. 562 hereby acknowledge that the sum of money secured by said mortgage and the interest thereon have been paid to my order by Charles D. Brown the mortgagor named in said mortgage and in consideration thereof I do hereby fully discharge said mortgage and release and quitclaim unto the said Charles D. Brown his heirs and assigns forever the premises therein described. Witness my hand and seal this tenth day of October A.D. 1867.

Spaulding Hervey (seal) Executed and delivered in presence of Silas A. Burgess

Worcester ss. October 11th A.D. 1867. Then appeared the above named Spaulding Hervey and acknowledged the foregoing instrument to be his free act and deed. Before me Silas A. Burgess Jutice of the Peace. Recd. Oct. 14th 1867 at 8h. 15m. A.M. Entd. & Exd. By Alex. H. Wilder Regr.

[margin] Brown Chas. D. to Nahum W. Holbrook Stamp $1.50 (Cancelled)

Know all men by these presents that I Charles D. Brown of Milford in the County of Worcester & State of Massachusetts in consideration of -^ hundred dollars to me paid by Nahum W. Holbrook of Upton in said County the receipt whereof is hereby acknowledged do hereby give grant bargain sell and convey unto the said Holbrook a certain lot of land with the buildings thereon standing on the Westerly side of Congress Street in the central part of said Milford and bounded & described as follows to wit: Beginning at the North Easterly corner of the premises on said Street, thence South 4 1/2° East on said Street 4 rods three links, thence North 88 1/4° West 9 rods 15 links to a stake & stones by land formerly of one Brigham, thence North 2 1/2° East 4 rods 3 links by said Brigham land, thence South 88 1/4° East 9 rods to the place of beginning. Together with one half of the well through which said line runs & being the same premises conveyed to me by deed of Spaulding Hervey dated September 10th A.D. 1866 & recorded with Worcester Deeds Book 730, Page 558.

To have and to hold the abovegranted premises with all the privileges and appurtenances to the same belonging to the said Nahum W. Holbrook his heirs and assigns to his and their use and behoof forever. And I the said grantor for me and my heirs executors and administrators do covenant with the said grantee and his heirs and assigns that I am lawfully seized in fee simple of the aforegranted premises, that they are free from all incumbrances except one mortgage to Sarah Allen on which there is due about one thousand dollars, that I have good right to sell and convey the same to the said grantee and his heirs and assigns forever as aforesaid, and that I will and my heirs executors and administrators shall warrant and defend the same to the said grantee and his heirs and assigns forever against the lawful claims and demands of all persons except said Allen.

Provided nevertheless that if the said grantor or his heirs executors or administrators shall pay unto the said grantee or his executors administrators or assigns the sum of -^ hundred dollars in three years from the day of the date hereof with interest on said sum at the rate of eight per centum per annum payable semiannually and until such payment keep the buildings standing on the land aforesaid insured against fire in a sum not less than fifteen hundred dollars for the benefit of the said grantee and his executors administrators and assigns at such insurance office as he shall approve and also pay all taxes and assessments levied or assessed upon or on account of the said premises, then this deed as also one certain note bearing even date with these presents signed by grantor whereby for value received he promises to pay the said grantee or order the said sum and interest at the times aforesaid shall both be absolutely void to all intents and purposes. And provided also that if default shall be made in the payment of the money above mentioned or the interest that may accure [sic] thereon or of any part thereof or in the performance of any other of the conditions of this deed, then it shall be lawful for the grantee or his executors administrators or assigns to sell and dispose of the granted premises with all improvements that may be thereon at public auction, such sale to be in said Milford on or near the premises without further notice or demand except giving notice of the time and place of sale once in each of three successive weeks in one newspaper printed in the County of Worcester aforesaid and in his or their own names or as the attorney of the grantor for that purpose by these presents duly authorized convey the same absolutely and in fee simple to the purchaser or purchasers accordingly, and out of the money arising from such sale to retain all sums then secured by this deed, whether then or thereafter payable together with interest and all costs and expenses including all sums paid by said grantee or his assigns for insurance of the premises, paying the surplus if any to the said grantor or his assigns and such sale shall forever bar the said grantor and all persons claiming under him from all right and interest in the premises, at law or in equity. It being mutually agreed that the said grantee or his assigns may purchase at said sale and that no other purchaser shall be answerable for the application of the purchase money. And provided also that until default of the payment of the said sum or interest or other default as herein provided the grantee shall have no right to enter and take possession of the premises.

In witness whereof I the said Charles D. Brown & I Mary E. Brown wife of the said grantor in token of my release of all right and title of or to both dower and homestead in the granted premises have hereunto set our hands and seals this twelfth day of October in the year of our Lord eighteen hundred and sixty seven.

Signed sealed and delivered in presence of us Henry E. Fales Wm. Mathewson C. D. Brown (seal) M. E. Brown (seal)

Commonwealth of Massachusetts Worcester ss. Oct. 12 1867. Then personally appeared the above named C. D. Brown and acknowledged the foregoing instrument to be his free act and deed.

Before me Henry E. Fales Justice of the Peace

Recd. Oct. 29th 1867 at 10h. 20m. A.M. Entd. & Exd. By Alex H. Wilder Regr.

[margin] Know all men by these presents that I -^ Holbrook Administrator of the estate of the mortgagee named in the within mortgage do hereby acknowledge that I have received from Dora M. Warfield, assignee of the within named mortgagor full payment and satisfaction of the same, and in consideration thereof I do hereby cancel and discharge said mortgage and release and quitclaim unto the said Dora M. Warfield and her heirs and assigns forever the premises thereby conveyed.

In witness whereof I hereunto set my hand and seal this sixteenth day of December A.D. 1871.

Signed selaed and delivered in presence of Geo. G. Parker -^

Whitman Holbrook (seal) Administrator of the estate of Nahum Holbrook

Commonwealth of Massachusetts Worcester ss. December 16, 1871. Then personally appeared the above named Holbrook, Administrator and acknowledged the above instrument to be his free act and deed. Before me Geo. G. Parker Justice of Peace.

Recd. June 1st 1872. Entd. & Exd. By Alex. H. Wilder Regr.

[margin] Brown Chas. D. to M. A. [sic] Blunt

Know all men by these presents that I Charles D. Brown of Milford in the County of Worcester & Commonwealth of Massachusetts in consideration of fifteen hundred dollars paid by M. A. [sic] Blunt of said Milford the receipt whereof is hereby acknowledged, do hereby give grant bargain sell and convey unto the said Blunt a certain lot of land situated in said Milford on the Westerly side of Congress Street & bounded and described as follows to wit: Beginning at the Northeasterly corner of the premises on said street, thence S. 4 1/2° E. on said street 4 rods & 3 links thence N. 88 1/4° W. 9 rods & 15 links to a stake & stones by land formerly of Isaac Brigham thence N. 2 1/2° E. 4 rods & 3 links by said Brigham's land, thence S. 88 1/4° E. 9 rods to the place of beginning: including one half of the well through -^ said line runs: bounding Southerly by land supposed to belong to the wife of P. P. Parkhurst & Northerly by land formerly of Newell Daniels. Being the same & all the same conveyed to me by deed of Spaulding Hervey dated Sept. 10th 1866.

To have and to hold the granted premises with all the privileges and appurtenances thereto belonging to the said M. A. Blunt and his heirs and assigns to their own use and behoof forever. And I do hereby for me and my heirs executors and administrators covenant with the said grantee and my [sic] heirs and assigns that I am lawfully seized in fee simple of the granted premises that they are free from all incumbrances except two mortgages one owned [sic] by Sarah G. Allen & one by the estate of N. W. Holbrook which amount $1550.00 -^ that I have good right to sell and convey the same as aforesaid and that I will and my heirs executors and administrators shall warrant and defend the same to the said grantee and his heirs and assigns forever against the lawful claims and demands of all persons except as to said mortgages. And for the consideration aforesaid I Mary E. Brown wife of Chas. D. Brown do hereby release unto the said grantee and his heirs and assigns all right of or to both dower and homestead in the granted premises.

Provided nevertheless that if the said grantor or his heirs executors administrators or assigns shall pay unto the said grantee or his executors administrators or assigns the sum of fifteen hundred dollars on demand after this date with interest semiannually at the rate of eight per cent per annum and until such payment shall pay all taxes and assessments on the granted premises shall keep the buildings thereon insured against fire in a sum not less than seven hundred dollars for the benefit of the said grantee and his executors administrators and assigns at such Insurance Office as they shall approve and shall not commit or suffer any strip or waste of the granted premises then this deed as also one note of even date herewith signed by the said Charles D. Brown whereby he promises to pay to the said grantee or order the said sum and interest at the times aforesaid shall both be void. But upon any default in the performance of the foregoing condition the said grantor or his executors administrators or assigns may sell the granted premises with all improvements that may be thereon by public auction in said Milford first publishing a notice of the time and plsce of sale once each week for three successive weeks in one or more newspapers published in said County, and in their own name, or as the attorney of said grantor may convey the same by proper deed or deeds to the purchaser or purchasers absolutely and in fee simple and such sale shall forever bar the grantor and all persons claiming under him from all right and interest in the granted premises whether at law or in equity. And out of the money arising from such sale the said grantee or his representatives shall be entitled to retain all sums then secured by this deed whether then or thereafter payable including all costs charges and expenses incurred or sustained by reason of any failure or default on the part of the said grantor or his representatives to perform and fulfil the condition of this deed, or any covenant or agreement herein contained rendering the surplus if any together with an account of all such costs charges and expenses to the said grantor or his heirs or assigns. And it is agreed that in case any sale shall be made as aforesaid the grantor or his heirs or assigns will upon request execute and deliver such further deeds or instruments as may be necessary or proper to confirm such sale and to vest a perfect title to the premises sold in the purchaser thereof that the said grantee or his executors administrators or assigns or any person or persons in their behalf may purchase at said sale and that no other purchaser shall be answerable for the application of the purcahse money: and that until default in the performance of the condition of this deed, the grantor and his heirs and assigns may hold and enjoy the granted premises and receive the rents and profits thereof.

In witness whereof we the said Charles D. & Mary E. Brown hereunto set our hands and seals and affix and cancel the stamp required by law this thirtieth day of September in the year one thousand eight hundred and sixty nine.

Signed sealed and delivered in presence of Henry E. Fales (to C.D.B.) W. I. Brown C. D. Brown (seal) Mary E. Brown (seal)

Commonwealth of Massachusetts Worcester ss. Sept. 30, 1869. Then personally appeared the above named Charles D. Brown and acknowledged the foregoing instrument to be his free act and deed.

Before me Henry E. Fales Justice of the Peace

Recd. Nov. 5, 1870 at 8h. 15m. A.M. Entd. & Exd. By Alex. H. Wilder Regr.

[margin] Know all men by these presents that I M. A. Blunt the mortgagee named in a certain mortgage given by Charles D. Brown to me dated September 30, A.D. 1869 and recorded with Worcester County Deeds libro 829 folio 19 do hereby acknowledge that I have received from said Charles D. Brown the mortgagor named in said mortgage full payment and satisfaction of the same and in consideration thereof I do hereby cancel and discharge said mortgage and release and quitclaim unto the said Charles D. Brown and his heirs and assigns forever the premises thereby conveyed.

In witness whereof I hereunto set my hand and seal this first day of September A.D. 1871.

-^ Geo. G. Parker -^ M. A. Blunt (seal)

Commonwealth of Massachusetts Worcester ss. September 1st 1871. then personally appeared the above named M. A. Blunt and acknowledged the foregoing instrument to be his free act and deed.

Before me Geo. G. parker Justice of the Peace. Recd. Sept. 4th 1871 at 12h. 5m. P.M. Entd. & Exd. By Alex. H. Wilder Regr.

[margin] Hartwell Alonzo &c to Emeline Brown Stamp .50 (Cancelled) Assigned three times in Book 865 Pages 588 & 589.

Know all men by these presents that I Alonzo Hartwell of Hubbardston in the County of Worcester & Commonwealth of Massachusetts & I josephine Hartwell wife of said Alonzo in my own right, in consideration of three hundred & fifty dollars paid by Emeline Brown of Milford in said County and State aforesaid the recipt whereof is hereby acknowledged do hereby give grant bargain sell and convey unto the said Emeline Brown, a certain piece of land situated in said Hubbardston containing eighty square rods more or less bounded as follows to wit: Beginning at a stake & stones on the Southerly side of the road leading from said Hubbardston to Barre at a corner of land formerly owned by William C. Titus thence running South 28° East on said Titus land twelve rods & eight links to a stake & stones thence North 60° East six & one half rods to a stake & stones thence North 28° West twelve rods & eight links by land formaly [sic] owned by Appleton Clark to a stake & stones at the said road thence South 60° West six & one half rods by said road to the bound first mentioned. Being the same & all the same premises this day conveyed to said Josephine Hartwell by deed of Emeline Brown.

To have and to hold the granted premises with all the privileges and appurtenances thereto belonging to the said Emeline Brown and her heirs and assigns to their own use and behoof forever. And we do hereby for us and our heirs executors and administrators covenant with the said grantee and her heirs and assigns that we are lawfully seized in fee simple of the granted premises: that they are free from all incumbrances: that we have good right to sell and convey the same as aforesaid and that we will and our heirs executors and administrators shall warrant and defend the same to the said grantee and her heirs and assigns forever against the lawful claims and demands of all persons.

Provided nevertheless that if the said grantors or their heirs executors administrators or assigns shall pay unto the said grantee or her executors administrators or assigns, the sum of three hundred & fifty dollars in four equal annual installments of eighty seven & 50/100 dollars each with interest semiannually at the rate of seven per cent per annum and until such payment shall pay all taxes and assessments on the granted premises shall keep the buildings thereon insured against fire in a sum not less than three hundred & fifty dollars for the benefit of the said grantee and her executors administrators and assigns, at such insurance office as they shall approve, and shall not commit or suffer any strip or waste of the granted premises, then this deed as also one note of even date herewith signed by the said grantors whereby they promise to pay to the said grantee or order the said sum and interest at the time aforesaid shall be void. But upon any default in the performance of the foregoing condition the said grantee or her executors administrators or assigns may sell the granted premises with all improvements that may be thereon by public auction in said Hubbardston: first publishing a notice of the time and place of sale once each week for three successive weeks in one or more newspapers published in said County: and convey the same by proper deed or deeds to the purchaser or purchasers absolutely and in fee simple: and such sale shall forever bar the grantors and all persons claiming under them from all right and interest in the granted premises whether at law or in equity. And out of the money arising from such sale the said grantee or her representatives shall be entitled to retain all sums then secured by this deed whether then or thereafter payable, including all costs charges and expenses incurred or sustained by reason of any failure or default on the part of the said grantors or their representatives to perform and fulfil the condition of this deed or any covenant or agreement herein contained: rendering the surplus if any together with an account of all such costs charges and expenses to the said grantors or their heirs or assigns. And it is agreed that in case any sale shall be made as aforesaid the grantors or their heirs or assigns will upon request execute and deliver such further deeds or instruments as may be necessary or proper to confirm such sale and to vest a perfect title to the premises sold in the purchaser thereof: that the said grantee or her executors administrators or assigns or any person or persons in their behalf may purcahse at such sale and that no other purchaser shall be answerable for the application of the purcahse money and that until default in the performance of the condition of this deed the grantors and their heirs and assigns may hold and enjoy the granted premises and receive the rents and profits thereof. And for the consideration aforesaid I the said Josephine Hartwell in my own right as aforesaid do hereby release unto the said grantee and her heirs and assigns all right of or to both dower and homestead in the granted premises.

In witness whereof we the said Alonzo & Josephine Hartwell hereunto set our hands and seals and affix and cancel the stamp required by law this fourth day of April in the year one thousand eight hundred and seventy one.

Signed sealed and delivered in presence of Wm. H. Morse -^ Alonzo Hartwell (seal) Josephine Hartwell (seal)

Commonwealth of Massachusetts Worcester ss. April 5th 1871. Then personally appeared the above named Josephine Hartwell and acknowledged the foregoing instrument to be her free act and deed.

Before me, Wm. H. Morse, Justice of the Peace

Recd. April 10th 1871 at 10h. 20m. A.M. Entd. & Exd. By Alex. H. Wilder Regr.

[margin] Know all men by these presents that I Wm. H. Morse Assignee of the within named mortgagee the mortgage dated April 4, 1871 and recorded with Worcester Co. Register -^ Deeds Lib. 836 Fol. 514 hereby acknowledge that the sum of money secured by said mortgage and the interest thereon have been paid to me by said Alonzo Hartwell and Josephine Hartwell the mortgagers named in said mortgage and in consideration thereof I do fully discharge said mortgage and release and quitclaim unto the said Josephine Hartwell her heirs and assigns forever the premises therein described.

Witness ny hand and seal the second day of April A.D. 1872.

Executed and delivered in presence of Wm. Bennett -^ Wm. H. Morse (seal)

Worcester ss. April 2, 1872. Then personally appeared the above named Wm. H. Morse and acknowledged the foregoing instrument to be his free act and deed.

Before me Wm. Bennett Justice of the Peace

Recd. April 3d 1872 at 12h. 40m. P.M. Entd. & Exd. By Alex. H. Wilder Regr.

[margin] Brown Chas. D. to Dora M. Warfield (Stamp $4.00 Cancelled)

Know all men by these presents that I Charles D. Brown of Milford in the County of Worcester and State of Massachusetts in consideration of four thousand dollars paid by Dora M. Warfield of said Milford the receipt whereof is hereby acknowledged do hereby give grant bargain sell and convey unto the said Dora M. Warfield and her heirs and assigns a certain piece of land in said Milford situated on the Westerly side of Congress street bounded and described as follows to wit Southerly by land of Sabra M. Parkhurst Westerly by land of B. D. Godfrey Northerly by land of E. B. Washburn and Easterly by said Congress street together with all buildings thereon. Being the same premises described in a deed from John S. Scammell to John Miller dated Dec. 28, 1864 and the same deeded by James Adams to the said Scammell by deed dated Aug. 23, 1864 and recorded in the Registry of Deeds in and for the County of Worcester Book 687 Page 593 to which deeds and the records thereof reference may be had for a more particular description including the same right to the well partly on said premises in said deed. The above described premises are subject to a mortgage to Sarah G. Allen on which there is now due $800 and interest at six per cent. from Sept. 10, 1870 and also a mortgage given to N. W. Holbrook on which there is now due $950 and interest at 8 pr cent. from April 12, 1871 & the taxes for the year of 1871 which said mortgages & the taxes said Grantee is to pay as a part of the above named consideration, reserving the manure on said premises and also the use and occupation of said premises without rent until the first day of November next to the said Grantor.

To have and to hold the granted premises with all the privileges and appurtenances thereto belonging to the said Dora M. Warfield and her heirs and assigns to their own use and behoof forever. And I do hereby for myself and my heirs executors and administrators covenant with the said Grantee and her heirs and assigns that I am lawfully seized in fee simple of the granted premises, that they are free from all incumbrances except as stated that I have good right to sell and convey the same as aforesaid, and that I will and my heirs executors and administrators shall warrant and defend the same to the said Grantee and her heirs and assigns forever against the lawful claims and demands of all persons except as stated.

In witness whereof we the said Charles D. Brown and Mary E. Brown wife of said Charles D. in token of her release of all right & title of or to both dower & homestead in the granted premises hereunto set our hands and seals and affix and cancel the stamp required by law this first day of September in the year one thousand eight hundred and seventy one.

Signed sealed and delivered in presence of M. A. Blunt to M.E.B. Geo. G. Parker to C.D.B. Mary E. Brown (seal) Charles D. Brown (seal)

Commonwealth of Massachusetts Worcester ss. September 1st 1871. Then personally appeared the above named Charles D. brown and acknowledged the foregoing instrument to be his free act and deed.

Before me Geo. G. Parker Justice of the Peace

Recd. Sept. 4th 1871 at 12h. 5m. P.M. Entd. & Exd. By Alex. H. Wilder Regr.

[margin] Brown Emeline to Chas. D. Brown

Know all men by these presents that I Emeline Brown the mortgagee in a certain mortgage given by Alonzo Hartwell & wife to me dated April 4th A.D. 1871 and recorded with Worcester Deeds Libro 836 Folio 514 in consideration of three hundred & fifty dollars paid by Charles D. Brown of said Milford the receipt whereof is hereby acknowledged, do hereby assign transfer and set over unto the said Charles D. Brown the said mortgage deed the note and claim thereby secured, and all my right, title and interest in the real estate thereby conveyed.

To have and to hold the same to the said Charles D. Brown, and his heirs and assigns to their own use and behoof forever subject nevertheless to the conditions therein contained and to redemption according to law.

In witness whereof I hereunto set my hand and seal this fourteenth day of July A.D. 1871.

Signed and sealed in the presence of G. D. Cooper -^ Emeline Brown (seal)

Commonwealth of Massachusetts Middlesex ss. July 27, 1871. Then personally appeared the above named Emeline Brown and acknowledged the fore going instrument to be her free act and deed. Before me, G. D. Cooper, Justice of the Peace.

Recd. Apr. 3d 1872 at 12h. 40m. P.M. Entd. & Exd. By Alex. H. Wilder Regr.

[margin] Brown Chas. D. to Dora M. Warfield

Know all men by these presents that I Charles D. Brown the assignee of the mortgagee named in a certain mortgage given by Alonzo Hartwell & wife to Emeline Brown dated April 4, A.D. 1871 and recorded with Worcester County Deeds Libro 836 Folio 514 in consideration of -^ dollars paid by Dora M. Warfield of Milford in said Worcester County the receipt whereof is hereby acknowledged do hereby assign transfer and set over unto the said Dora M. Warfield the said mortgage deed the note and claim thereby secured, and all my right, title and interest in the real estate thereby conveyed.

To have and to hold the same to the said Dora M. Warfield and her heirs and assigns to their own use and behoof forever, subject nevertheless to the conditions therein contained and to redemption according to law.

In witness whereof I hereunto set my hand and seal this first day of September A.D. 1871.

Signed and sealed in the presence of Geo. G. Parker -^ Chas D. Brown (seal)

Commonwealth of Massachusetts Worcester ss, September 1st 1871. Then personally appeared the above named Charles D. Brown and acknowledged the foregoing instrument to be his free act and deed.

Before me, Geo. G. Parker, Justice of the Peace.

Recd. Apr. 3d 1872 at 12h. 40m. P.M. Entd. & Exd. By Alex. H. Wilder Regr.