MS 43.  Literal transcription – misspellings are left intact, xxx denotes illegible word, italicized items are my own comments for clarification.  Please note that in some instances the letter “s” has been replaced with the letter “f,” as was the custom at that time – TG.

Title:  No. 4

James Rutherford}

To

Pidgeon}            Dood for House & Lott in Tronton

In pencil:  1759 Mentions William Trent, Signed by Judge Wm Morris one time owner of Trent House

This Indenture made the first day of June in the thirty second Year of the Reign of our Sovereign Lord George the second &c, and in the Year of our Lord one thousand, seven hundred and fifty nine, Between James Rutherford of Trenton in the County of Hunterdon and Province of West New Jersey Yeoman of the one part; And William Pidgeon of the same place (Attorney at Law) of the other part, Whereas William Trent by his certain Deed of Bargain and Sale bearing date the Eleventh day of December in the Year of our Lord one thousand, seven hundred and twenty three, did for the Consideration therein mentioned Grant and Convey in Fee unto one Daniel Howell late of Trenton in the County aforesaid Blacksmith one certain Lott of Land situate in Trenton aforesaid and is part and parcell of that five hundred Acres of Land which he the said William Trent purchased of and from Mahlon Stacy and which said Lott is Butted and bounded in the following manner Viz: Beginning at a Post for a Corner standing on the east side of King street being also a Corner of a Lott of Land late belonging to Jeptha Smith (but now to Elijah Bond) and runs thence by his Lott South seventy nine degrees, East ten Perch to a Post for a Corner, then North Eleven Degrees, East four Perch to a Post for a Corner, thence North seventy nine degrees West Ten Perch to a Post by the Street for a Corner, and thence South Eleven degrees West four Pole, to the first Station containing one Rood or Quarter of an Acre, And Whereas the said Daniel Howell so being in his life time seized, by his last Will and Testament in writing duly made and Executed in the presence of three subscribing Wittnefses bearing date the thirtieth day of August in the Year of our Lord one thousand, seven hundred and twenty five, did amongst other things in the said Will mentioned Give and Devise unto his son Joshua Howell the above said Lott of Land and premifses with the appurtenances To Hold to him his Heirs and Afsigns forever as by the said last Will duly proved and enter’d upon Record in the Secretary’s Office for the Province of New Jersey at the City of Burlington Reference to the same being had may more fully appear, And Whereas the said Joshua Howell being thus lawfully seized in fee of the abovesaid Lott of Land – The said Joshua Howell and Rebecca his Wife for the consideration therein mentioned by their Indenture of Bargain and Sale bearing date the twelfth day of April in the Year of our Lord one thousand, seven hundred and fifty one, Grants and Convey’s the same Lott and premifses with the appurtenances unto the abovesaid James Rutherford in fee relation to the several Deeds being had may more plainly appear, Now This Indenture Wittnefseth that the said James Rutherford for and in consideration of the sum of Four Hundred and fifty Pounds proclamation money to him in hand paid by the said William Pidgeon at and before the ensealing and Delivery of these presents the receipt whereof he doth hereby acknowledge and himself to the therewith fully satisfied, Contented and paid, Hath Granted, Bargained, and Sold, Aliened, Enfeoffed, Released, Conveyed and Confirmed, and by these Presents Doth fully, freely and absolutely Grant, Bargain, and Sell, Alien, Enfeoff, Release, Convey, and Confirm unto the said William Pidgeon his Heirs & Afsigns forever (Pursuant to an Act of General Afsembly of the Province of New Jersey made for the Transferring of Uses into Pofsefsion) all that the said abovementioned and described Lott of Land containing one quarter of an Acre as abovesaid with the Rights, Members and Appurtenances thereof Together with all and singular the Houses, Out Houses, Buildings, Edifices, Gardens, Orchards, Fences, Woods, Trees, Ways, Waters, Mines, Minerals, Rights, Royalties, Liberty’s, Franchises, Priviledges, Improvements Hereditaments and appurtenances whatsoever to the said Lott of Land belonging or in any wise appertaining, and the Reversion’s and Remainders Rents, Ifsues and Profitts thereof, And also all the Estate, Right, Title, Interest, Use, Pofsefsion, Property, Claim and Demand whatsoever as well in Equity as in Law of him the said James Rutherford of, in and to the said Lott of Land and premifses abovementioned and every part and parcell thereof with the appurtenances, To Have and to Hold the said Lott of Land with all and singular the Premifses abovementioned and every part and parcell thereof with the appurtenances unto the said William Pidgeon to the only proper Use and behoof of him the said William Pidgeon his Heirs and Afsigns forever, And the said James Rutherford for himself, his Heirs, Executors, and Administrators, doth Covenant and Grant, to and with the said William Pidgeon his Heirs and Afsigns that he the said James Rutherford now xxx true, lawfull and rightfull Owner of the said Lott of Land abovementioned with the Hereditaments and Premifses thereunto belonging and every part and parcell thereof with the appurtenances, And also that he the said James Rutherford now is lawfully and rightfully seized in his own right of and in a good, sure, perfect, absolute and Indefeazeable Estate of inheritance in fee Simple of and in all and singular the said Lott of Land and Premifses abovementioned with the appurtenances without any manner of Condition, Mortgage, Limitation of Use or Uses or other matter, Cause or thing whatsoever to alter, Change, Charge, or determine the same, And that he the said James Rutherford now hath good right, full Power and lawfull authority in his own Right to Grant, Bargain, Sell, Release and Convey the said Lott of Land and all and singular the Premifses abovementioned with the appurtenances unto the said William Pidgeon his Heirs and Afsigns forever as aforesaid, and according to the Purport, true intent, and meaning of these presents, and also that he the said William Pidgeon his Heirs and Afsigns shall and may at all times forever hereafter peaceably and quietly have, Hold, use, Occupy, Pofsefs and Enjoy all and singular the said Lott of Land, and Premifses abovementioned with the appurtenances without the Lett, suit, Trouble Eviction, Ejection, hindrence, Molestation, Interruption or denial of him the said James Rutherford his Heirs or Afsigns and of all and every other Person or Persons whatsoever claiming or to Claim by, from, or under him, and that freed and discharged or otherwise well and sufficiently saved harmlefs and Indemprified of and from all former and other Gifts, Grant’s, Bargains, Sales, Leases, Mortgages, Jointures, Dowers, Uses, Wills Annuities, Judgments, Executions, Rents, and Arrearages of Rents, and of and from all and all other Charges and Incumbrances Estates, Rights, titles, or Troubles whatever had, made, Committed, done, or suffered or to be had, made, Committed, Done or Suffered by the said James Rutherford his Heirs or Afsigns or any other Person or Persons whatsoever claiming or to Claim by from or under him And the xxx Lott of Land with the appurtenances will from all manner of Persons forever Warrant and Defend by these Presents, And Lastly that he the said James Rutherford and his Heirs and all and every other Person or Persons and his and their Heirs any thing having or claiming in the said Lott of Land and Premifses abovementioned or any part or parcell thereof by, from or under him shall and will from time to time and at all times hereafter upon the reasonable request, and at the Costs and Charges in the Law of the said William Pidgeon his Heirs and Afsigns make, do, Execute, and Acknowledge or cause and procure to be made, done, Executed, and acknowledged all and every such further and other lawfull and reasonable Act and Acts, thing and things, Device and Devices, Conveyances and Afsurances in the Law whatsoever for the further, better and more perfect Granting, Conveying, Afsuring and Confirming of all and singular the said Lott of Land and premifses abovementioned with the Appurtenances unto the said William Pidgeon his Heirs and Afsigns or his or their Councill learned in the Law shall be reasonably devised, advised or required so that the Person or Persons so making such further or other Afsurance or Afsurances shall not be Compelled or Compellable to Travell further than five Miles from the usual place of his or their abode for the making, doing, and Executing the same, In Witnefs whereof the Party first above named hath hereunto set his Hand and Seal, the day and Year first above Written—

Seal                 Signed: James Rutherford Wax Seal

Verso:  Sealed & Delivered}

In presence of us}

Xxx The Word (Twenty) in the Third line/ the word (Jeptha) in the fifth line / word is cont’d on xxx before xxx

Signed: Charles Axford

Signed:  Obadiah Howell

Memorandum that on tho Sixth-day of June for tho yoar of our Lord One thousand Sovon hundrod and ffifty Nine, personally appoar’d before mo William Morris Esq’r ono of the Judges of the Inferior Court for holding of Pleas for the County of Huntordon, James Ruthorford the Grantor within montioned, who Acknowlodgod that ho Soal’d and Executod the Within Dood To the said William Pidgeon for the Usos thoroin mention’d

Taken and Acknowledgod

            Before me                                Signed: W Morris

I Acknowlodgo to have Rocoivod ffrom the Within Named William Pidgeon ffour Hundrod and ffifty Pounds proclamation Monoy- boing in ffull for the Consideration Monoy Within montioned

Witnofs

Signed:  Charles Axford                         Signed:  James Rutherford

Signed:  Obadiah Howell

Recorded in the Secretaries Office at Burlington in Lib P ffolio 81.

                                    Signed:  Cha’s Read Sec’y