1832-01-10_OriginalDeed_2021_035_001

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Status: Indexed

Know all Men by these Presents that I George W. Brimmer of
Boston in the County of Suffolk, Merchant, in consideration of Six Thousand Dollars
to me paid by the MASSACHUSETTS HORTICULTURAL SOCIETY a Corporation
duly established, the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell, and convey unto the said
Massachusetts Horticultural Society & their Assigns a Tract or Parcel of Land, part lying
in Watertown & part lying in Cambridge in the county of Middlesex, bounded and described as follows — Beginning at the point
where the East side of the new road leading from the County road to MOUNT AUBURN strikes the said County road, and
thence running Westerly & bounded Northerly by the County road One hundred and twenty two rods and half a rod to the Northwest
corner of a Lot of Land purchased by said Brimmer of Jonas Wyeth by deed dated & recorded in the Middlesex
Registry of Deeds — then turning & running South & bounded West by land of Widow Cutter and by Land of the Heirs or
assigns of Moses Stone deceased One hundred and forty three rods; — then turning East & bounded South by Land of the Heirs of
Cornelius Stone, as the fence now stands, Fifty three rods & Seven links to a private way or road — then North Easterly by the
way aforesaid Thirty eight rods & twenty three links to the Southerly corner or extremity of a lot of Land set off by the Judge of Probate
to Abigail, the widow of Moses Stone now wife of William M. Pomroy as parcel of her Dower in her said husbands Estate-
— then more Easterly and bounded by said way Seventeen rods & nineteen links to the West side of the new road First mentioned,
— then a little more Easterly across said road to the East side of it Four rods and nine links — then turning & running North
by the East side of said road and bounded East by Land of Josiah Coolidge Seventy one rods & one half of a rod to the
point of beginning in the County road which is One hundred and ten feet West from the North East corner of the lot of Land purchased
by G. W. Brimmer of Thomas Lee. — Together with all and singular the Rights, Easements, Privileges & Appurtenances
to the same belonging and Subject, so much as is contained between the lines and boundaries of the said new road to the Easements granted
therein by the said Brimmer to the said Coolidge & others by a certain Indenture dated made between said
Brimmer & Nathaniel Stone & others & recorded in said Registry Lib: 296. f: 45. & by a certain other Indenture delivered
& Recorded in said Registry of Deeds Lib: 296. f: 45 & 46. — The aforesaid Tract containing about Sixty
seven Acres & 3/4 of an acre more or less. Intending hereby to convey all the same premises which the several Deeds
of David Stone dated . of Josiah Coolidge dated — of Thomas Lee dated (excepting such part of the land, mentioned in said Lee's deed, which I have heretofore conveyed to said Coolidge)
— of William Gray dated — of John C. Gray dated — of Benjamin Waterhouse
and Heirs dated — and of Jonas Wyeth dated — purport to convey to me, together
with the Title & Estate in Dower which passed to me under the Indenture between me & William M. Pomroy & Wife
dated , which Estate is the whole of my Interest in that part of the above described premises & is the whole Interest
I mean to grant hereby, & the Same is to be taken and held by said Corporation subject to the annual payment
mentioned in said Indenture, the burden of which they are to bear and save me harmless therefrom. All said Deeds are
recorded in the Registry of Deeds in the County of Middlesex — Also another Lot of Land called
Peat Meadow lying in Cambridge aforsaid and containing about Four Acres & thirty five poles & particularly
Described in the deed of John Heard Jr to George W. Brimmer dated & recorded in the
Middlesex Registry of Deeds LIB. 281. fol. 39. together with all the rights, privileges & appurtenances thereto belonging.
To Have and to Hold the aforegranted Premises to the said Massachusetts Horticultural
Society to the Use of them & their Assigns forever And I the said George W. Brimmer for myself & my heirs &
Executors & Administrators do Covenant with the said Society & their Assigns that I am lawfully seized in fee of the
aforegranted Premises, excepting such such parcel thereof as is mentioned in the said Indenture between me & William M. Pomroy & Wife
& containing about Five acres & 4/5 of an acre as above described in which I have an Estate for the life of the said Abigail only
as above stated, that I have good right to Sell & convey the same to the said Society as aforesaid— that the said Premises
are free from all Encumbrances, except the above Specified; And that I will & my heirs, Executors and administrators
shall Warrant and Defend the same to the Society against the lawful claims and demands of all persons, except
those of the reversioners in & unto the parcel of Land set off to the Widow of Moses Stone now the said Abigail Pomroy.

In Witness whereof I the said George W. Brimmer have hereunto set my hand and Seal this .

Geo. W. Brimmer [seal: man with greek helmet pulled up to his forhead in white on red background]


Executed & delivered } Commonwealth of Massachusetts, Suffolk S.S. Boston,
in presence of } personally appeared the above named George W Brimmer & acknowledged
Edwd D. Sohier } the foregoing Internment to be his Free Act & Deed, before me
~ W. D. Sohier } William D Sohier
__ Justice of Peace
__ Suffolk County

Notes and Questions

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killigal

“Know all men” suggests “hey everyone”, “by these presents” suggests “take notice of what I’m about to say” or “have a look at what’s stated here”.

Generally, this expression is used when the contracting parties had an intention to make the content of their agreement public or at least serve a notice to the public.

https://incorporated.zone/know-all-men-by-these-presents/

Elizabeth Casner

That is really interesting to know! What I'm interested in looking at this deed is that it is dated after the dedication of Mount Auburn Cemetery. That is probably the reason for the language choices you noticed, is that this agreement was known to be coming and happened after the Cemetery opened in 1831.