John Hilts and Theodore Hilts and
March 19, 1868
Herkimer County, NY Deed Book #97
This Indenture, made the thirtieth day of December in the year of our Lord, one thousand eight hundred and sixty eight between John Hilts of the Town and County of Herkimer and State of New York, of the first part, and Theodore Hilts and Philip Hilts both of the same place of the second part, Witnesseth, That the said party of the first part, for and in consideration of natural love and affection and of the sum of One dollars to him in hand paid, by the said parties of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, remised, released, aliened and confirmed; and by these presents, does grant, bargain, sell, remise, release, alien and confirm unto the said parties of the second part, in their actual possession now being, and to his heirs and assigns forever, All those two several pieces or parcels of land situate lying and being in the Town of herkimer in the county and state aforesaid, bounded and described as follows to wit: The first parcel is that part of lot number seven of upland in the German Flatts Patent so called bounded northerly by the patent line along lands of John McKennon. Easterly by lands of William Smith and by lands of Frederick P Bellinger. Southerly by the several small lots heretofore conveyed by the party of the first part to his four children and which adjoins the plank road and westerly by the westerly line of said lot number seven. Containing about seventy acres of land be the same more or less. The othet parcel is that part of lot number seven of lowland in the patent aforesaid and the same is bounded northerly by land of William Smith. easterly by the West Canada Creek and southerly by lands of David Moore, and westerly by the Hydraulic Canal. Containing about twenty acres of land be the same more or less. The said two parcels of land are the same which were conveyed to the party of the first part by his father George F Hilts by deed which is now of record in the office of the Clerk of Herkimer County and reference is hereby made to said deed or the record thereof for a further description of the lands above described and which are hereby intended to be conveyed. The said lands above mentioned and described are hereby conveyed and taken subject to the right of the party of the first part to use manage and occupy the same for and during his natural life, and subject also to the payment by the parties of the second part to Mary catharine Lowell the wife of Charles Lowell and to Jane Kill the wife of Darius Kill each the sum of three hundred dollars to be paid in three equal annual payments after the decease of the party of the first part without interesr and the payment of the said sums of $300 in the manner above mentioned to the said Mary C Lowell and to Jane Kill by the said parties of the second part is made a change on the said land hereby conveyed and the said parties of the second part accept this conveyence on the --- agreement to pay the said sum of $300 to each of my daughters above mentioned as above stated.
Together with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said party of the first part, either in law or equity, of, in, and to the above bargained premises, with the hereditaments and appurtenances. To have and to hold the said lands and premises above mentioned and described to the said parties of the second part, their heirs and assigns, to the sole and only proper use, benefit and behoof of the said parties of the second part their heirs and assigns, forever.
And the said John Hilts the said party of the first part, for himself his heirs, executors, and administrators, does covenant, grant, baqrgain, promise and agree, to and with the said parties of the second part, his heirs and assigns, the above bargained premises, and every part and parcel thereof, in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons, lawfully claiming or to claim the whole or any part of the said premises, will forever warrant and defend.
In witness whereof; the said party of the first part, has hereunto set his hand and seal the day and year first above written.
Signed, sealed and Delivered
in the Presence of D.B. Keller
John Hilts L.S.
State of New York,
County of Herkimer
On the 19th day of March 1868, before me, personally appeared John Hilts to me known to be the same person described in, and who executed the foregoing conveyance, and duly acknowledged the execution thereof.
D.B. Keller, Notary Public
Recorded Aug. 1, 1871 at 2 o'clock P.M.