Text of Deed by Which Aaron Burr Acquired Pelham Lands in 1790
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Every schoolchild knows the story of the duel between Alexander Hamilton and Aaron Burr that took Hamilton's life. Fewer know, however, that Aaron Burr spent time in Pelham, bought a farm there and married Theodosia Prevost of Pelham, a woman ten years his senior who died in 1794.
Today's Historic Pelham Blog Posting transcribes the text of a deed by which Aaron Burr bought lands in Pelham on February 26, 1790. The text of that deed, and a full citation, appear immediately below.
"NICHOLAS WRIGHT, WILLIAM WRIGHT :
TO :
AARON BURR, :
THIS INDENTURE made thetwenty [sic] sixth day of February in the year of our Lord one thousand seven hundred and ninety BETWEEN NICHOLAS WRIGHT of the Manor of Pelham in the County of Westchester and WILLIAM WRIGHT of Oyster Bay in Queens county Joiners, of the one part and AARON BURR of the City of New York, counsellor at Law of the other part. WITNESS ETH [sic] that the said Nicholas Wright and William Wright for an in consideration of the sum of EIGHT HUNDRED POUNDS current money of the State of New York, to them in hand well and truly paid by the said Aaron Burr the receipt whereof is hereby acknowledged have granted bargained sold aliened released and confirmed and by these presents do gant [sic] bargained sell alien release and confirm unto the said Aaron Burr (in his actual possession now being by virtue of a bargain and sale to them thereof made for one whole yar by indenture bearing date the day next before the day of the date of these presents and by force of the statute for transferring of uses into possession) and to his heirs and assigns forever, ALL that certain messuage and farm of land situate, lying and being in the Manor of Pelham in the County of Westchester and State of New York, being bounded on the north by the lands of James Pell on the west by Eastchester Creek on the south by the land of Edward Pell and on the east by the lands now in the possession and occupation of Robert Coles and Jesse Coles containing by estimation one hundred and fifty five acres be the same more or less. The said farm andtract [sic] of land hereby released being the northermost half part of the lands which appertained unto Joshua Pell late of the Manor of Pelham, ffarmer deceased at the time of his death and which the said Joshua Pell deceased did by his last will and testament devise to his son Joshua Pell. TOGETHER with all and singular the houses outhouses edifices buildings barns Biars stables orchards gardens lands meadows pastures feedings commons andcommon [sic] of pasture hedges ffences ditches ways paths passages waters watercourses easements liberties profits priviledges [sic] advantages hereditaments emoluments and appurtenances whatsoever to the said premises above mentioned to be granted belonging or in any wise appertaining and the reversion and reversions remainder and remainders rents issues and profits thereof and of every part and parcel thereof with the appurtenances and also all the estate right title interest use trust possession property claim and demand whatsoever of them the said Nicholas Wright and William Wright or either of them of in or to the same or any part or parcel thereof with the appurtenances. TO HAVE AND TO HOLD the said messuage farm and lands andall [sic] and singular other the premises herein abovementioned [sic] and intended to behereby [sic] granted released and conveyed with their and every of their respective appurtenances unto the said Aaron Burr his heirs and assigns to the sole and only proper use benefit and behoof of him the said Aaron Burr his heirs and assigns absolutely forever. (SUBJECT nevertheless to the right of dower of Phoebe Pell the widow of the said Joshua Pell deceased and to the payment of all such pecuniary legacies as are charged upon the said premises by the said will of the said Joshua Pell deceased) and they the said parties of the first part do covenant promise grant and agree to and with the said Aaron Burr his heirs and assigns by these presents in manner and form following that is to say that they the said parties of the first part at the time of the ensealing and delivery of these presents are the true sole and lawful owners or proprietors of the said messuage ffarm and lands and all and singular other the premises herinabove mentioned and intended to be hereby granted released and conveyed and that they now have in themselves good right full power and lawful authority to gant [sic] release and convey the same premises with the appurtenances unto the said Aaron Burr his heirs and assigns in manner and form abovementioned according to the true intent and meaning of these presents and that they now stand seized and possessed of and in the said premises with the appurtenances of a good sure perfect and indefeasible estate or inheritance in fee simple without any manner of condition contingent proviso or limitation of use or uses or other retraint matter or thing whatsoever to alter change charge or defea t [sic] the same (except the right of dower and pecuniary legacies aforesaid) and the said parties of the first part and their respective heirs the same messuage ffarm and lands and all and singular other the premises herein above mentioned and hereby granted released and conveyed with the appurtenances unto the said Aaron Burr his heirs and assigns against them the said parties of the first part and their heirs and against all and every other person and persons whomsoever shall and will warrant and forever defend by these presents and also that the said several premises with their respective appurtenances now are and from henceforth shall remain continue and be unto the said Aaron Burr his heirs and assigns clear and free from all incumbrances whatsoever (except as before excepted) and lastly that they the said parties of the first part and their heirs shall and will at any time or times hereafter upon the reasonable request and at the proper costs and charges in the law of the said Aaron Burr his heirs and assigns or some of them do make acknowledge execute or suffer or cause or procure to be done made acknowledge executed and suffered all and every such further and other lawful and reasonable act and acts thing and things dowers conveyances and assurances in the law whatsoever for the more perfect effectual and sure making and conveying a good sufficient and absolute title of the above granted and released premises with the appurtenances unto the said Aaron Burr his heirs and assigns as by the said Aaron Burr his heirs and assigns or his or their counsel learned in the law shall be reasonably devised revised or required. IN WITNESS WHEREOF the said parties to these presents have hereunto interchangeably set their hands & seals the day and year first above written.
Sealed & delivered NICHOLAS WRIGHT (L.S.)
in the presence of us. WILLIAM WRIGHT (L.S.)
The word ("year") being interlined and a small erasure in the same line and also the words (" now in the possession and occupation of Robert Coles and Jesse Coles") being wrote upon an erasure before signing & executing and also the words (" of the Manor of Pelham in ") upon an erasure in the first line of this deed.
Richa. Asbridge.
Thomas Pollok.
Received the day and year first within mentioned of the within named Aaron Burr the sum of Eight Hundred Pounds being the full consideration money within mentioned to be by him paid to us. ---- I say Received.
Witnessed
Rich. Asbridge By us, NICHOLAS WRIGHT
Thomas Pollok. WILLIAM WRIGHT
BE it remembred [sic] that on the first day of March in the year of our Lord one thousand seven hundred and ninety personally appearedbefore [sic] me John Slos Hobart Esquire one of the Judges of the Supreme Court of Judicature for the State of New York, Richard Asbridge of the City of New York, who being dulysworn [sic] deposeth and saith that he was present and saw the within named Nicholas Wright and William Wright severally sign seal and deliver the within written deed or indenture of release as their and each of their voluntary act and deed for the uses intents and purposes therein mentioned and that the names of Richard Asbridge and Thomas Pollok thereto subscribed as witnesses is of the proper handwriting of this deponent and the said Thomas Pollok respectively and I having perused the same and finding therein no erasures interlineations other than are notices by the witnesses to allow the same to be recorded.
Jn. Sloss Hobart,
TO ALL TO WHOM these presents shall come or may conern [sic] RACHEL the wife of Nicholas Wright and Elizabeth the wife of William Wright within named SEND GREETING KNOW YE that we the said Rachail [sic] and Elizabeth for and in consideration of the sum within ment [sic] to have been paid to our said husbands and in further consideration of the sum of FIVE SHILLINGS to each of us in hand at or before the ensealing and delivery of these presents by the within named AARON BURR the receipt whereof is hereby acknowledged have remised released and forever quitclaimed unto the said Aaron Burr his heirs and assigns forever, ALL our and each of our right title claim or pretence of dower of in or to the messuage farm andtract [sic] of land with the appurtenances within described released and conveyed or to any part thereof and all other our right title claim and demand or in or to the said premises or any part thereof, TO HAVE AND TO HOLD the said right of dower and other the premises herein released and quitclaimed with the appurtenances unto the said Aaron Burr his heirs and assigns forever without the let claim or demand of us or either of us or any claiming or to claim by from or under us or either of us. IN WITNESS WHEREOF we have hereunto set our hands & seals the ----- day of ----- one thousand seven hundred and ninety.
Sealed and delivered
in presence of -
Jn. Sloss Hobart.
RACHEL WRIGH (L.S.)
ELIZABETH WRIGHT (L.S.)
BE it remembered that on the twenty sixth day of August in the year of our Lord one thousand seven hundred and ninety personally came and appeared before me JOHN SLOSS HOBART ESQUIRE one of the Judges of the Supreme Court of Judicature of the State of New York, the above mentioned Rachel Wright the wife of the abovenamed [sic] Nicholas Wright and Elizabeth the wife ofthe [sic] above named William Wright who having been examined by me separate and part [sic] from their respective husbands did declare that they did respectively sign seal deliver the above written release or quitclaim of dower freely & as their voluntary act & deed for the uses & purposes therein mentioned without any fear threats or compulsion of their said husband & I having examined the same & finding no erasures or interlineations therein except what are noted do allow the same to be recorded.
Jn. Sloss Hobart,
A true copy of original Deed and receipt and prooff indorsed and of release of dower indorsed and acknowledgment underwritten taken andentered [sic] this 12th December 1794.
Pr. Richard Hatfield, Clk."
Source: Westchester County Archives, Elmsford, NY, Register of Deeds, Liber L, 363-66.
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1 Comments:
please note the words ....and his HEIRS, forever:...these are the common law "magic words" that give complete and unrestrected (fee) ownershp....
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