Misc. Wills and Deeds
Volume 19, pp. 267-268
10 Dec 1817
William Kennedy of Crockers Cove, A Planter, of the one Parte and Gosse, Pack, and Fryer, Merchants of Carbonear of the other parte, To say the said William Kennedy for himself, his heirs, and assigns for and in consideration of the sum of Three Hundred and Fifty (pounds) of lawful money of Great Britain, to him in hand paid by the said Gosse, Pack, and Fryer, the receipt whereof he dothe hereby acknowledge. He dothe bargained and sold, and by these presents dothe conveyene and selle (shall?) transfer and set over unto the said Gosse, Pack, and Fryer their heirs and assigns all that fishing and room and Plantation situate in Crocker's Cove aforesaid, and bounded on the East by Nicholas Kennedy's Room, on the West by John Clarks Room on the North by the Woods______on the south by the Sea________To Have and to hold the said Fishing Room and plantation, together with all and singualr the Dwelling House, Out Houses Stage Flake and all other erections thereon or to be erected thereon forever_ and the said William Kennedy doth for himself his heirs and assigns, covenant and agree and with the said Goss, Pack, and Fryer their heirs and assigns, that he hathe in himself and by himself good rights, full power and lawfull authority to dispose of the same as aforesaid and that he will forever "warrande" (warrant?) and defende them in the full and free prossession thereof againste the claims of any person or persons whatsoever.............
..........Nevertheless this Bargain or Bille of Sale is upon this express condition that if the said William Kennedy his heirs or assigns pays or cause to be paid unto the said Goss Packe & Fryer their heirs or assigns the sum of Five Pounds Sterling on or before the Twentieth day of October next and continues to do so yearly untill such yearly payments come to and make up the full sum of Three Hundred and Fifty Pounds sterling the this Bargain and Bill of Sale shall cease and become void the same as if it had never been made. And it is further agreede to by; and between the said parties that if the said William Kennedy his heirs and assigns shall neglect to pay or cause to be paid to the said Gosse, Packe, and Fryer their heirs or assigns in any one year the said yearly sum of Five Pounds that then it shall and may be lawfull for the said Gosse, Packe, & Fryer their heirs or assigns to re-enter upon and possess the above mentioned premises in a full free and ample manner. Anything hereinbefore said to the contrary not withstanding. In witness whereof the said parties have hereunto set their hands and sealed interchangeably this tenth day of December in the year of out Lord One Thousand Eight Hundred and seventeen.
Signed, sealed and WILLIAM (his mark) X KENNEDY (seal)
delivered (where no
stamps are used) in the GOSSE, PACKE & FRYER (seal)
The foregoing is a true Copy taken from the original instrument of writing recorded here at the request of the within named Gosse, Pack, & Fryer the Nineteenth day of August One Thousand eight hundred and eighteen being first duly exhibited and compared by me...
By Order of the Surrogate
Transcribed by Joanne Connors. Obtained by Barbara McGrath.