HomeMy WebLinkAboutZimmer, James H
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ITA-TUTORY POll" A.-Cbapter68I, Lawlof 1917. S6 Stevenson & Marsters, Inc.. Stationer. & Printen
..... ....... Pall CoYeM:....-t.dlvidulll. 373 Fulton St., Brooklyn, N. Y.
THIS INDENTURE, made the ~. e..-d day of
S~r , nineteen hundred and forty-seven . between
JAMllB H. ZIMMER, of 24 Shady Hill Road, Newton Highlands, Massachusetts, and
ELEANOR Z. BARNES, of Pompano, '-State of Florida, ,/
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part ies of the first part,
and TOWN OF SOUTHOLD, a Municipal Corporation, with its principal office at
Soutoold, in the Town of Soutluld, County of SuffOlk and State of New York,
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- ~ ~ -. of the second. part,
V..,j" ~ i part y
WITNItSSItTH, that the part ies of the first part, in consideration of
---------h--------FORTY EIGHT HUNDRED($4800. )____.Dollars, lawful mouey of the United States,
paid by the part y of the second part, do hereby grant and release unto the part y of the !
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second part, I
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1ts successors and asaigns forever, i
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ALL that tract or parcal of land near Greenport, in the Town of Soutluld, County I
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of Suffolk end state Of New YOrk, bounded and described as fo11ows:- !
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BEGINNING at a point marked by the intersection of the Northerly line of land i
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,I of Jacob Wilson and the easterly Une or side of Sound View Avenue, running thence I'
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'I N. 270 31' 20" W. a distanca of 32~l'eet to mean high water mark of Long Islend Sound; j
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, running thence N. 650 40" E. along mean high water mark of Long Island Sound a distanc ,
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I; of 140.88 feet, more or less, to land of Marshall Tullock, running thence S. 270 33' I
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I: 20" E. a distance of 315.89 feet along land of said Marshall Tulloc:lt to land of Jacob
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Ii Wilson; thence running S. 650 67' W. 140.82 feet, more or less, to the point or place I
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Ii of beginning. i
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il Being premises of which Edna G. Zimmer died seized on November 27, 1946, !
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ii Together with all the right, title and interest of the parties of the first
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:, part in and to the highway adjOining said premises. ,
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Together with all right, title and interest of the parties of the first part I
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in and to the beach end lend under water of Long Island Sound in front of and I
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II adjacent to sald premises. !
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The party of the first part covenants that if any improvements, repairs or alterations to the premises
have been commenced and have not heen completed at least four months he fore the recording of this deed,
i the Grantor will receive the consideration for this conveyance as a trust fund to be applied first for the
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i purpose of paying tbe cost of improvement, and that said Grantor will apply the same first to the payment
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of the cost of improvement before using any part of the total of tbe same for any other purpose.
AND said parties of the first part
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I covenant as follows:
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I First. That said parties of the first part
I are seized of the said premises in fee simple, and ha va good right to
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I convey the same;
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Second, That the part y of the second part shall quietiy enjoy the said premises;
i Third. That the said premises are free from incumbrances
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I U81:R2797 PAGE481
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, Fourth, That the part i es of the first part will execute or procure any further necessary
assurance of the title to said premises;
Fifth, That said parties of the first part
, I will forever warrant the title to the said premises.
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I Sixth. That the gra11tor, in compliance \vith Section 13 of the Lien Law, covenants that the
i grantor will receive the consideration for this conveyance and will hold the right to receive such considera-
I tion as a trust fund to be applied first for the purpose of paying the cost of the improvement and that the ,
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I grantor will apply the same first to the payment of the cost of the improvement before using any part of
I the total of the same for any other purpose. I
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I IN WITNESS WHEREOF, tbe part ies cf the first part ha ve hereunto set their i
I hand s and seals the day and year first above written. I
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I ~ ~ ~ presence ot, I
, H.-t-~....... -""-" //~ #. ~H'~'~ (L.S.) I
I ~"o. ."- -eo ~ ~~-F
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( ..1;.i1 r 8 e0>~ 1. {1~. (L.S.) I
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State of
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County of - - ;) ,n....- il:J" .. 7-
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On the :2 ltt.. ,/...... - day of , nineteen hundred and
forty-a even, before me came one of m# I
JAllES H. ZII4MER I
. ' , to me known to be/he I
individual S described in, and who executed, the foregoing instrument, and acknowledged that I
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executed the same. ,
~M"';'~ f!. ~~ i
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Notary PUblic, i
"'O~ ~ /h- If. '9S'.J
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\ COMMONWEALTH QF MASSACHUSEITS,
wo.~~ ~
r I, ilim' ElFt'lt ~ff 0 CeatraI District Court, of Woreearer, whic:lt iJ a
Court of Record in the Couney and ItlIDOI1w~.rf ~aid, do hereby certify that
I Francis L. Flannagan
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^ , IlIqaire, wbote signature i. affixed to the CertIficate on the in.trument hereunto annexed, was at the date
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I thereof a ,. -'f,.,.......-Ttl; Notary Publie in and for .aid Couney. duly commissioned and qualified, and
authorized by the laws of thiJ Commonwealth to take the acknowledgment of deeds and other instrument>, and
. administer oaths, that full faith and credit i. and ought to be given to hi. acts and aaemtion. done in that caPaQey.
! \ that I am well acquainted with hi. bandwritin. and that I verily ~ieve his SIGNATURE to said CBllTlPICATB iI paume.
Given under my band and the seal of .aid Court, thiJ th1.rtieth day of September
in the year one thou.and nine hundred LJ~ 1'-1 ~
First Aslisfrl'b Cii'
r mpore ~~ ,
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Meeting of January 20, 1948 ;
The Southold Town Board met at the office of Supervisor Norman E.
Klipp, at Greenport on Tues., Jan. 20, 1948. The meeting was called
to order at 1:30 P.M, with the following present: ~upervisor Klipp;
Justices, Terry, ~uthill, Albertson and Cl~rk; Town Superintendent of
Highways, Price; lown Attorney, Terry and own ~lerk, Booth.
The minutes of the previous meeting were read and duly approved as
read.
Mrs. Edith M. Young of Mattituck appeared before the Board requesting
it to take over two roads at Mattituck and maintain them as public
highways.
The Board agreed to take over these roads as soon as the necessary re-
quirements are met.
The bond o~Justice Henry A. Clark was presented to the Town Board for
approval. I
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Moved by Justice Terry; seconded by Justice Albertson;
Resolved: That Bond No. lSll~ 024 of the Aetna Casualty and Surety Co.
for Justice Henry A. Clark be and hereby is approved as to form and
sufficiency of surety.
Unanimously adopted.
Moved by Justice Clark; seconded by Justice Terry:
Resolved: lhat pursuant to Sec. 102 Subd. 1 of the Town Law, each Town
Assessor be allowed the sum of six cents per mile for the use of his own
automobile for each mile actual17 and necessarily traveled by him in
the performance of his official duties in connection with dog damage
cases.
Unanimously adopted.
Moved by Justice Tuthill; seconded by Justice Terry:
Resolved; That inasmuch as the required dedications have been duly
received, map of the same duly filed and necessary papers signed, the
Town Board take over and maintain as a public highway Wells Road I
on the Estate of George H. Wells at Peconic. '
Unanimously adopted. I!
Moved by Justice Terry; seconded by Justice Tuthill:
Whereas, by resolution heretofore adopt~d it was voted to purchase cer- i
tain property from James H. Zimmer and ~leano. Z. Barnes for the sum of Ii
$4,800. and Whereas, the sum of $480.00 has already been paid. i ~
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Therefore Be It Resolved: That the sum of $4,320~ be paid to James H.
Zimmer and Eleanor Z. Barnes in final payment for said property upon the II,
execution and delivery of a proper deed therefore and I
Be It Further Resolved: That the sum of $37.69 be paid to James H. ,I
Zimmer upon the apportionment of the 1948-48 taxes on said property. Ii:
Unanimously adopted. ' III
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The certificates of the Commissioners of the Mattituck Park District Ii
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was filed with the Town Clerk until further action of the Park Com- }
missioners. II
Moved by Justice Terry; seconded by Justice Albertson: IV!
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Resolved: That the Supervisor be and hereby is authorized to sell I
the old addressograph machine to Mutual Fire Ins, Co. for a price I
of $25,00. i
Unanimously adopted.
The ciupervisor appointed Justice Tuthill and Justice Clark to act as
a committee on parks and recreation,
Moved by Justice Terry: Seconded by Justice Tuthill:
Resolved: ~hat the regular Donthly audit meeting of this Bo~rd be
held on Tuesday, February 3, 1948, at 1:30 P.M.
Unanimously adopted.
Moved by Jutice Tuthill; seconded by Justice Terry:
WHEREAS, Section 27 S.D. 1 of the Town Law allows the Town Board from
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The ~outhold Town Board mat ~t the office of ~upervisor 3. Wentworth .
Horton at Jreenp~rt, on ~ednesd~y, Ausust 27. 1947, The meeting ~1
,;,;s cRlled to order at 1:30 ?,N. 'lith the following pr('SAnt: '
~l:i'"rvisor Sorton; Justices Terry, H:J\o'kins, Klipp and T;lthillj Town I
~";~'oT""t,,,1de:lt of Hi;;h,,:ays, jJrice; Town ;,ttorney, Terry and TO'Nn Cl'?rk, ',.i'
~cn t.(',. ;',
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Th~ :~,;nutes of the previous mee~i'lg werl~ r~q~ ~nd dUlY, qppro'led as ~ead. 1::;1
The ~earin~ on the proposed ord1nance prohlt1tJn8 park1ng motor veh1~les ~I
on Lhe l,est8rly side of Village Lane in the Hamlet of Oriont, 'tAR duly /1
o;);C~ltPd aL 2:00 P.!!. As -ther8 ',;"re no interested perl'iOOS h,qv'ng ap- !i,!1
p;ar3d hefora the Eoprd to spe~k either for or against the ordiDEnce ~I
f),e h",;ri!l'; 'w3s form'llly closed at 2:30 P.H. 11
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::';",.1 t'f ';-uc-tiC8 '?erry; seconded hy Justice Tuthill: I;,i
~p~ol~ed: "hat the following Ordinance prohibitinz ~qrking on Villa~e 0
~aile. in tho HRffi18t of Orient be adopted: f
SECrT :;;, 1, -Defini tions: "No tor Vehicle" shall include all vehiclos ii
propelled by any power other than muscular power, except motor cycle s, i
traction engines, road rollers, fire and police vehicles, tractors t
uEeu exclusively for agricultural purpo~es, tractor cranes, ?cwer
~r.ovels, road building ffi&chines, ~now plows, road sweepers, and spre3d-
e!'2, "e1.1 drillers, elecllric trucks ihith small wheels used in factories, I
'iJr'1houses an d railroad sbtions and operated rrinci.~ally on priva~t9 '
Prsonrtv and such vehicles 2S run only uvon rails or tracks. ~
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"F'lrk", "parking" or "Parked" shall mean the stopping of a motor vehicle
or ,:::-.:tor cycle upon any public highway 'lnd le'lving such ffiotor vehicls '
c1' ;~"Jtor cycle tmattended by a person capable of operating it, for i
~ period longer than necessary to load or unload passengers or freight," !
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~2CTrON 2,- The parking of motor vehicles on the westerly side of !
'i~URge Lane, in the Hamlet of Orient, froma point on the westerly side ~
thereof at the intersection of the southerly side of Skippers Lanei
'~i th the ',esterly side of Village Lane and runni,,!: ncrthorly e~lone ii 1
tile SE',id westerly side of Village Lane for a dist1!nce of 310 f"et, 13 ' :
herehy ~rohibited, i
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~-'.',-"J.~'h" ,- 1"~ny person VlQ 8 lng any prov S..Lon eI ,:J: 2 O";:-G.Jn;:nce n;,P.y ,!.;
','C', i"Y"'!2:10n be punished for the first offens9 by L fine n.ot exceed- ~"L
j , '"1vo "ioll"rs, 'lnd for the second or subsequent o.:'fense by " fine "
~~ ~~:)t less than ten dol13rs ~nj Dot more than t~enty-five dollars. '~
Th~ 3tovn Ordin Bnce becomes effective on the 10th day of 3sptemter, \,I,J
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\_:~>7;-::d 1:,)1" J1}~)t:ice KI1IJP; Sflc('.r-~jed br Justice HaHkins: ,!\U
;;,~,,:'-':'J')d:='hat the JO'lthold T01m BGEr'd estat'~ish "'~ sppd limot zone Ilf
-:,'!".)f-:' the ::1ortherly Ij.'1(.; of Gre(3:nport V:Lll.'J.ge ':.0 the intersecticn of qri
the Cuunty and State Highw'lYs, 'lnd have erected thereon proper signs '
",~l(ii'lg f!3'5 M. per hour", and that the TOlm Clerk be instructed to
:,":l"!'!I''-" '1 Certified copy of the Resolution to the Greenport 'Tillage
-"O,;~J'ct .
.. Un'3.i_lj__:liOusly adopted.
~'r"o . ),m Clerk was instructed to commun:ica. te Id th t,:c Greenport
;;iLJ.cce;'lo"rd and inform them th'\t the l'own Eoard is taking up further
the ~atter of sp,ed limit signs with the ~ew York St~te Hj~h~~y
LC'j"::::-t:nent, on route ;:>'5, ,.,est of the ;'illaze of Greenrort,
1";0\10:- ': 1-:,y J"l1..::Jtice Ha"JkJns; secondi~d by Justice Tvtt.'.ll: 'i;
~ " ' " J ~~", ~ "II' J D' tl l' ~ t b 1 i h ' 'I'
....,:...,')1.'/(,.: in? ':. Nl lam . l3 8r 0 uT2t~npor , -'8 ,';'l.ne 's ~ereGY "
~ ~:)P~i::t2d , ~peci~l Constable to dir~ct.t~~ft'ic a~ th0 3outllOld_ ~~:
..J'~hu()l crossJ.ng at Oak L0.wn AV8. and Haln j~'r')ad, 2t eJ :~~\l:-:ry 0[' ~4-.00 III;
. r"p~, ~ty. fo:c' each ochCl'Jl dGY, to serv", :l t the pleasure 0 f the B02,rd .;,
t LTnani:lI':l.lsly ;lcootpd. ~:
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'" l';ov,~d l':' Ju~tic" Klipp; :',condecl by Just1ce ':erry: ~I
Eesol'lqd: "hett ~he TO'..m of'..iDut1-J.olj purch:1se the property on t.he Ii"
_ ~.~s~ ~:t::iG of Sound ~oad in '}r2cnport, adjourJning Lo[~g Is::"3.nci Sound ji;,"
: 1, c ',Ill; :;11:n of ~4,800, for the purpose of 'widening and leveli.lg Sound ~.
~t)ad, !:' nd f'or useof the dir~ ";1. S '3. fill as much ~ s tLe i~G8-:,d decrr.s . J,
~,t ~.;,_Jvisable ,..r"rich j s much '1ep.d8:l on the !iif.:hways., aGO .1..;hu t the I:;:
'::";~:'-.'r'v'Jsor L'P 1.uthcJ['i'7.t-;(~ to sign v."tth J3.lT.I'.?s E. ZilL:"J)er anc. sister for ~i
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~ ~ to P9Y 10% or as much as is necA3sa~y on ~~id
J : l,!~(' purcha se of same,
(;::\tr!?ct, and \Ihen ti tIe j~ s searched to pa:r the b:;tlance uf p~clrch3s8
;1': c"" 'lIld accept :1. deed conveyi ng said re:J~l prorerty to tr.'~ Town of
'I Sc', thCll,.l.
; T,~r,[~ n i:nol's1y <rlopted.
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;t ". ~;cT,ed by Justice Tuthill; seconded b.)' Jus tice Klij'p:
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I: J~solvpd: "h8t the Chief of ~olice be &lld is hereby authorized to
" ;'1;rchasp. four rain-coats to be used by the 10.'n PCllice.
i' ~ranimously a~opted.
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, 'loved !-,y Justice Klipp; seconded Ly Justice Hawkins:
.. 1esoh-ed: lhat the regular monthly audit meeting of this board be
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.. leld on Thurs day, Sept. 4, 1947, at 1:30 P.M.
j J!l3.:limously adopted,
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" ;,djJuuullent was at 4:00 P,M.
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~ . Ralph ?, Booth
I' Town Clerk
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, Meeting of September 4, 1947
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!' The Southold Town Board rret at the office of Sucervisor 3. \'ent-
I '"o]'th Ho~ton, 8 t Greenport, on Thursday, September 4 1947. The
n,e(~ting 'Ias called to order at 1:30 P.N. vith the fo:Llowing present::
, SUjHlrvisor Horton; Justices Terry, Ha1N'kins, Klipp and Tuthill; Town
I Superintendent of Highways, Price and Town Clerk Booth.
J The board sat at once as a Committee on Audit to eX2mine claims
against the .lawn, concl udi ng the audit at 2:00 P.M.
., The minutes of the previous meeting were read and duly approved
- as read.
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- Hoved by Justice Terry; seconded by Justice Halvkins:
- R'3solved: ~hat General Bills in the amount of $1,915,5'4 and non-
- reimbursable Welfare Bills in the amount of $9.45 be a~d the same
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1';: are hereby orderHd paid.
Unatlimo'1sly adopted.
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At ::>'30 P J.j the Board went to view th,,! "!'oad At ~\'}est Greenport ex-
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:€l1d:lng from t~e Main Read to the Bay, property of Edna Brown, ';!hich
Cla::'(~nce Roach and others had previously requested the Eeard to take
ove:~ and work as a publi c highway. The BOard then view the road on
E'2m'J' Smith's property at Southold, situated on Long Creek, and also
'''en'~ to Cutchogvc~ to inspect the Town Dump. No action was taken,
and the consideration of above matters was laid on the table until the
[l:3Xt meeting.
Me'i"d. by JUstice Klipp; s'lconded by Justice Tuthill:
J.,~sCilved: That the regular monthly meeting of this Board be held at
the Supervisor's office on Frid ay, Septe~ber 19, 1947, ~t 1:30 P.X.
Una~imously adopted.
Adj~urnment was at 4:00 P.M.
, R'llph P. Booth
Tow! Clerk
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2''';l' 4~,
L\8!:R , ~, FAGt e . .
( State of -;d ..& :;.:t~:: }ss. :
( County of ~ 1fit
On the // day of .~.r ' nineteen hundred and
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forty-seven, before me came
ELEANOR f:. BARNES,
~ ' one of
, to me known and known to me to be;:he individual s described in, and who executed, the foregoing instru-
ment, and acknowledged to me that she executed the same.
'e
(
!<oi, J (Attach County Clerk's Cert.) Notary Publlc,~ , County,
State of .
; My Coomlsslon e,:~:- ,//~,
, ~ 5t~te of
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j County of
. On the day of I nineteen hun~:~?:~~;u1d
, -before me came
-----
. _ I the subscribing- witness to the foregoin umeut, with whom
I am personally acquainted, who, being by --:iile--'~_~~:vorn, did depos say that he resides in
t '- ;
(~ .~ , that he knows .
. "--~.~. to be the individual
I described in, and ~egOing instrument; that he , ~;;<r-Stlbs.,!i~ing witness, ~va'
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, pre~. . execute the same; and that he ~-saiQ.~...i.tne~sl
!b at th. lIDe subscnbed h name as wItness thereto .
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f~n~TEOF-'1
I CoUNTY OF MARnN ...
, I, J. R, Pomeroy, Clerk of the County of Martin and also Clerk of the Circuit Court .for
I th..... C..-. tho p~ ..... · """" of ......... DO .....,. CERTIFY. Th..
,______ ct ,~ ~IAl R------------ whose name is subscribed to the Certificate of the proof
;_ of ackllOwlgment 0 '\he annexed instrument and thereon written was, at the time of taking
/ such proof and acknowledgment a Notary Public, in and for aaid County, residing therein,
/" duly commissioned and sworn, and authorized by the laws of aaid State to take the aeknowl-
edrments and proofs of deeds or conveyances. for land tenements or hereditaments in said
S~, to be recorded therein. And further that I am wen acquainted with the handwriting
;i such Notary Public, and verily believe that the signature to aaid certificate of proof or
- knowledsment is genuine,
~__ i further Certify that the impression of the seal of a Notary Public is not required by law
to be filed in this office.
, ~ IN TESTIllONY WHEREOF, I have hereunto set Illy hand and affixed the seal of the
Ifaid Court and County, the 11th day of september 19 47
J. R. POllEROY~~::~__~--~----
Deputy Clerk.
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