Monday, April 7, 2014

Amanuensis Monday - Post 213: 1832 Deed of Holland Company principals to James Vaux in Erie county, New York

Genea-blogger John Newmark (who writes the excellent TransylvanianDutch blog) started a Monday blog theme years ago called "Amanuensis Monday."  John offers this definition for "amanuensis:"

"A person employed to write what another dictates or to copy what has been written by another."

The subject today is a land deed in Erie County, New York dated 16 June 1832, recorded on 3 October 1832, transferring 95.5 acres in two parcels in Erie County for $521.50 paid by James Vaux to the principals of The Holland Land Company.  



The transcription of this deed is (handwritten portions in italics, lines numbered):

WARRANTY DEED (18)

1 This Indenture, Made this sixteenth day of June in the year of our Lord one thousand eight
2 hundred and Thirty two Between Wilhem Willink, Welcave Van Henkelone, , Nicolaas Van Beeftingh,
3 Jan Van Eighen, William Willink Junior and Gerrit Schimmelpenninck, Rutger Jan's son, all of the City of Am-
4 sterdam in the Kingdom of the United Netherlands, by David E. Evans Their Attorney of the first part, and
5 James Vaux of the County of Erie and State of New York of the second part,
6 Witnesseth, That the said party of the first part, for and in consideration of the sum of five hundred, twenty one dollars,
7 fifty cents dollars to them in hand paid by the said party hereto of the second part, the receipt whereof is hereby acknowl-
8 edged, and themselves to be therewith fully satisfied, contented and paid, have granted, bargained, sold, aliened, released, conveyed, confirmed and
9 assured, and by these presents do grant, bargain, sell, alien, release, enfeoff, convey, confirm. And assure, unto the said party of the second part, and to his
10 heirs and assigns forever, all that certain tract of land, situate, lying and being in the County of
12 Erie in the State of New York, being part or parcel of a certain township, which on
13 a may or survey of divers tracts or townships of land of the said party of the first part, made for the proprietors by Joseph Ellicott, surveyor, is distin-
14 guished by Township Number nine in the sixth range of said townships, and which said tract of land, on a certain other map
15 or survey of said Township into lots, made for the said proprietors by the said Joseph Ellicott, is distinguished by
16 parts of Lots numbers twenty seven and twenty eight in said township. The said part of Lot
17 twenty seven bounded East by a line parallel to the east bounds ODF said Lot number
18 twenty seven, land at the distance of fifteen chains, four links west therefrom, thirty seven
19 chains five links south by Land conveyed by Deed to Lyman Letson, fourteen chains, ninety
20 two links, west by a line parallel to the first mentioned boundary & in part by land
21 conveyed by Deed to Oerin Treat, thirty seven chains, thirty three links & north by Lot
22 number twenty eight, fourteen chains, ninety two links, Containing fifty five and a
23 half acres, or the same more or less. The said part of Lot number twenty eight bounded
24 as follows, to wit: west by a line parallel to the west line of said Lot number
25 twenty eight, and at the distance of Thirty chains, East therefrom thirty eight chains,
26 thirty five links, north by a line parallel to the south bounds of the said Lot number
27 twenty eight, ten chains, forty three links, East by a line parallel to the first mentioned
28 boundary thirty eight chains, thirty five links & south by Lot number twenty seven, ten chains,
29 forty three links, containing forty acres be the same more or less, according to the plan laid
30 in the margin hereof.

31 Together with all and singular the appurtenances, privileges, advantages and hereditaments, whatsoever, unto the above mentioned and described premises to
32 anywise appertaining or belonging, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and also all the estate, right,
33 title, interest, property, claim and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the same, and every part and
34 parcel thereof, with the appurtenances, To Have and To Hold the above granted, bargained, and described premises, with the appurtenances, unto themselves
35 said party of the second part, his heirs and assigns, to his & their only proper use, benefit, and behoof, forever. And the said party of the first part,
36 for themselves, and their and each of their respective heirs, executors, and administrators, do hereby covenant promise, and agree, to and with the said party of
37 the second part, his heirs and assigns, that they, the said party of the first part, the above described, and hereby granted and bargained premises, and every
38 part thereof, with the appurtenances, unto the said party of the second part, his heirs and assigns, against the said party of the first part, and their heirs, and
39 against all other persons whatsoever, lawfully claiming, or to claim the same, or any part thereof, shall and will WARRANT, and by these presents forever DEFEND.
40 Provided always that nothing herein contained shall be construed to be a covenant of the title to said premises against a sale of the same or any part
41 thereof which has already been made, or which may hereafter be made for taxes which may have been impoted subsequent to the Third day of February, one thousand
44 eight hundred and twenty five } In witness whereof, the party of the first part, have
45 hereunto set their hands and seals, the day and year first above written } William Willink Junior L.S.
46 A. Van Tuyl William Willink L.S. Nicolaas Van Beeftingh L.S. Gerret Schimmelpenninck, Rutger Jan's son L.S.
47 Walrave Van Henkelom L.S. Jan Van Eeghen L.S. By Their Attorney, David E. Evans

48 GENESEE COUNTY – ss. On this third day of August in the year of our Lord one thousand eight hundred and thirty two per
49 sonally appeared before me Simeon Cumings, a Judge of the County Courts, for the County of Genesee the above mentioned
50 to me personally known to be the same person described in and who executed the above instrument of writing, who acknowledged that he executed the same as the Act and Deed of
51 the above mentioned party of the first part, for the uses and purposes therein mentioned, and I finding therein no material interlineations or erasures, do allow the same to be recorded
52 S Cumings Clerk

[In the left margin]

[obscured area, ...thed, and Compared with the Original the Third day of October 18 32, at half past 10 o'clock A. M.

The source citation for this deed, which I found in the New York Land Records, 1630-1975 record collection on FamilySearch, is:

"New York, Land Records, 1630-1975," Church of Jesus Christ of Latter-Day Saints, FamilySearch (https://familysearch.org : accessed 2 February 2013), digital images, "Erie County, New York Deeds, 1829-1837, Volumes 12-13," Volume 13, Page 318 (image 433 of 525), James Vaux deed in Aurora, N.Y. from Holland Land Company, 1832.

The original records in Erie County, N.Y. County Clerk's Office, which are on 907 rolls of FHL Microfilm; the specific deed is on FHL microfilm US/CAN 590,014, and online here.

This is the first land record found for my 4th great-grandfather James Vaux (1787-1839) in New York, who emigrated from Somersetshire in England to New York State in about 1830 with his wife and family.


Copyright (c) 2014, Randall J. Seaver

2 comments:

Lonnie Bowers said...

Thanks for posting the land deed. I have ancestors in nearby Cattaraugus county. I found some land records for my ancestor with the description of the land given in similar terms as yours (with chains, and links etc). How can I learn to read this geographical description, so I can find where the land is on a modern map?

Randy Seaver said...

Hi Lonnie,

I wrote about this in Erie county in http://www.geneamusings.com/2013/02/finding-plat-maps-for-james-vaux-land.html a year ago.

My guess is that the process would be the same for Cattaraugus County.