Transcription
Page 1
Know all men by there presents, that where as we, Samuel Osgood of Andover in the county of Essex and province of the Massachusetts-Bay in New-England Gentleman, and Hannah his wife have for several years past and in, particular for two years last past had the sole improvement and income of the lands of Mr. Theodore Barnard late of Andover deceased , And whereas a part only of said lands Belonged to us viz. by virtue of our own Right and of the right by us purchased of Mrs. Lydia Barnard of Charlstown, Felicit of the Revd Mr. Thomas Barnard late of Andover deceased, the other part belonging to our well beloved Elizabeth Quondam Barnard now Phillips the present wife of Saml Phillips Junr of Andover aforesaid Shopkeeper; We therefore the said Saml & Hannah Osgood for and in, consideration of our having had the sole benefit of said lands for said term of years, do by these presents for our selves, our heirs executors and Administrators, promise covenant and agree to and with the said Saml & Elizabeth Phillips their heirs Executors Administrators, or Assigns that they or either of them shall have (by way of retaliation) the sole use and improvement of the said lands formerly belonging to him the sd Mr. Theodore Barnard deceased for the said term of years, viz,not only our sd daughter Elizabeth’s part of the same, but moreover all the right Title & Interest of the sd Mrs. Lydia Barnard and also of the above-mentioned, Hannah the wife of Samuel Osgood aforesaid.
To Have and, to hold the whole and every part and parcel of the sd lands formerly Belonging the sd Mr. Theodore Barnard deceased lying & Being in Andover aforesaid containing more or less Howsoever butted and bounded or reputed to be bounded with all the right Appurlenances and privileges thereunto Belonging, to them the said Samuel and Elizabeth Phillips or either of them, their heirs Executors Administrators or Assigns and to the only proper use Benefit and Behoof for the said term of two years forward from the day of the date hereof, wch will be year for year, or that one year may answer for another and no more, and that in Such manner that neither of the sd Samuel Osgood, nor of the sd Hannah Osgood his wife shall have, hold or enjoy any rights, Title or Interest in or unto the same during the said term of time, and Moreover we do hereby binde and Oblige ourselves, our heirs Executors & Administrators and assigns against the above named Mrs. Lydia Barnard her certain attorney, Heirs Executors and against all and every person & persons whatsoever claiming or demanding the same or any past thereof in from, by, or under us the said Saml & Hannah Osgood or any or either of our Heirs Executors Administrators or Assigns–
And Finally–
Box 1 Folder 49-50
Phillips Family Papers
Phillips Academy Archives & Special Collections