HomeMy WebLinkAboutYoungs Ave/Old North Road Drainage
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Sraudard N. Y.B. T. u. Form 8007.5-60~20M - Bargain and Sale Deed, with Coveo.lnt against Gr,tnrol', Acu-Individual or COlpotafion
.
CONSULT YOUR LAWYliR 8E'ORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED 8Y LAWYERS ONLY.
,'''.. I. R. r..LI..P..M- l1BER4964 PAGE 191
THIS INDENlURE, made the /7 i( day of March , nineteen hundred and sixty- one
~ fE.
BETWEEN ANTONE.T. GRIGONIS. JR. and ESTELLE"GRIGONIS, his wife,
both residing at Youngs Avenue, Southold, Suffolk County, New York,
party of the first part, and TOWN OF SOUTHOLD, a municipal corporation organized
and existing under and by virtue of the Laws of New York, with offices
at 16 South Street, Greenport, Suffolk County, New York,
party of the second part,
WITNESSETH. that the party of the first part, in consideration of
- - - - - - - SEVEN HUNDRJID FIFTY (t750.) - - - - - - - - -. - dollars,
lawful money of the United States,
paid
by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or
successors and assigns 0 f the party of the second part forever,
MlHA' JiJ,'MWKJ//#K 1i1.' J'i.l' #n' I11JMllIlHHIII/ /fJ(fIill'j ffi,~N,:l"1iU'llJ"ffl.'IIf'IIHI#
MNlllfl'ltIHI#
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Town of Southold, County of Suffolk and State of New York,
more particularly bounded and described as tollows:
BEGINNING at the intersection of the westerly line of Railroad
Avenue with the southeasterly line of North Road and rum1ing thence
along the westerly line of Railroad Avenue, South 15 degrees 15 minutes
00 seconds East 70.00 feet; thence along other land of Antone Grigonis,
Jr., at right angles to said westerly line of Railroad Avenue, South
74 degrees 45 minutes 00 seconds West 78.51 feet to said southeasterly
line of North Road; thence along said southeasterly line of North Road,
North 33 degrees 01 minutes 50 seconds East 105.19 feet to the point
or place of BEGINNING.
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______J
HOME TIRE GUARANlY COMPANY
PoLUY OF TITLE INSURANCE
HOME TrrLE GUARANTY COMPANY, in consideration of the payment
of its charges for the examination of title and its premium for insur-
ance, insures the within named insured against all loss or damage not
exceeding the amount of insurance stated herein and in addition the
costs and expenses of defending the title estate or interest insured,
which the insured shall sustain by reason of any defect or defects of
title affecting the premises described in Schedule A or affecting the
interest of the insured therein as herein set forth, or by reason of
unmarketability of the title of the insured to or in the premises, or by
reason of liens or incumbrances affecting title at the date hereof, or
by reason of any statutory lien for labor or material furnished prior
to the date hereof whioh has now gained or which may here~ter gain
priority over the interest insured hereby excepting all loss and damage
by reason of the estates, interests, defects, objections, liens, incum-
brances and other matters set forth in Schedule B, or by the conditions
of this policy hereby incorporated into this contract, the loss and the
amount to be ascertained in the manner provided in said conditions
and to be payable upon compliance by the insured with the stipula-
tions of said conditions, and not otherwise.
In BUnt1lllBl/trtnf, HOME TrrLE GUARANTY COMPANY has caused
this policy to be signed and seal.ed on its date of issue set forth herein.
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Secretary
CJ}~
VaUdmI!ag Ofjicer or Agenl
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Name of Insured
TOWN Ol" SOUTnOLD
Policy No. S- 3a..,-,.,-
Amount of
Insurance $1,000.00
Date of Issue March 17, 1961
The estate or Interest insured by this policy is
FEE SIMPLE
vested In the insured by means of
.,
j
DEED made by AI!OD J. GRIGONIS, JR. and ESTELLE E. GRIGONIS, his wite,
to the insured, dated March 17, 1961.
SCHEDULE A
The premises In which the insured has the estate or Interest covered by this policy is described on the description sheet
annexed.
SCHEDULE B
The folIowlni: estates, interests. detect.. obJection. to title, llana, and lncumbrancH
and other matters are excepted trom the covera&'e of this pOlicy:
1. Detects and Incumbrance. aMatD&' or becomlq a lien alter the date of this IlOlIcy.
except all herein provided.
2. Consequences ot the exercise and enforcement or attempted enforcement of &D7
governmental war or police POW8n over the premis..
3. ZoilIng restrictions or ordinance. ImpOsed by any governmental body.
4. JU~ent. against the tnaured or estatee, tnteresbl. detectll, obJectlODJI. 11_ or
incumbranceJII created. liIutrered, UlJUmed or IlCt'8ed to by or with the privity of the
Insured.
IS. TItle to &07 propert7 be70nd the Unes ot the premlB. or to the land in any streets
roads. avenues. Jane. or ways on which the premls68 abut. or the right to malntal,
theretn vauIts. tunnels, ramPll or any other Btructure, or Improvement or any right
or easement. theretn unless this polley specifically provIdes that such lands. rll'hts 0
easements are InBured; except that It the premlseB abut upon a phnlcally open stree
or hlgbway. this pOlicy. unle.. otherwise 8%Cepted. bulurea the ordinary nshts 0
acce.s and elI'reflS belonKlns to abuttrn.- ownel'll.
8. CompUance by the buUdlnn or other erections UpOn the preml8&ll or theIr UB'
with FederaJ. State and Municipal laws. raaulatlons and ordlnanceB.
T. Title to any personal Pl'OP8l't7. whether the aatne be attached to or UBed In connee
tlOD with said premises or otherwise,
8. Rights ot present tenants.
9. Any changes in conditions subsequent to survey by Otto W. Van Tuyl
& Son, dated March 6, 1961.
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GRIFFING. SMITH, TASKER AND LUNDBERG
ATTORNEYS AND COUNSELORS AT LAW
ROBERT P. GRIFFING 1881-1956
425 MAIN STREET
GREENPORT, N. Y.
ARTHUR H. LUNDBERG
COUNSEL
REGINALD C. SMITH
PIERRE G. LUNDBERG
SAMUEL L. HAYS
ROBERT W. TASKER
GREENPORT 7"1400
WII..LI.A.MW.ESSEKS
April 7, 1961
Hon. Albert W. Richmond,
T01rffi Clerk
Main Street
Southold, New York
Re: Town of Southold wi Antone J.
Grigonis. Jr.. and Wife
Dear Sir:
I enclose herewith Home Title Guaranty Co.
Title Insurance Policy No. S-34555 insuring
title to the property which the Town recently
acquired from Antone J. Grigonis, Jr., and
Estelle E. Grigonis, his wife, in the amount of
$1000. This policy should be filed in your
office.
In order that we may have a record for our
files will you please acknowledge receipt of the
enclosure by signing and returning the blue copy
of this letter.
Yours very trulY,~
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ROBERT Ii. TASKER
R\lT:SJ'
Ene.
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SCHEDULE A CONTINUED
S-34555
ALL that certain plot, piece or parcel of land, situate,
lying and being in the Town of Southold, County of Suffolk and
State of New York, more particularly bounded and described as
follows:
BEGINNING at the intersection of the westerly line of
Railroad Avenue with the southeasterly line of North Road and
running thence along the westerly line of Railroad Avenue, South
15 degrees 15 minutes 00 seconds East 70.00 feet; thence along
other land of Antone Grigonis, Jr., at right angles to said west-
erly lines of Railroad Avenue, South 74 degrees 45 minutes 00
seconds West 78.51 feet to said southeasterly line of North Road;
thence along said southerly line of North Road, North 33 degrees
01 minutes 50 seconds East 105.19 feet to the point or place of
BEGINNING.
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SCHEDULE B (Continued)
CONDmONS OF THIS POLICY
(a) Wherever the term "lnBured" J. used in this polley It 1Dclu4..
thoa. who succeed to the Inter8llt of the Inllured b7 operation ef
law Inclu41nc. without limitation. heln. 41etrlbuteell. dev1eee& BUr-
vlvor.. penonal NPruentatlves. next. of kin or corporate lIucce&aon. u the eLM
may be. aDd thoae to whom the Innred baa au1ped this polley where neb
assignment Is permitted by the term. hereof, aDd whenever the term "Insured"
18 used In the conditions of this policy It also include. the attorneya &nd acenw
of the "Insured." I'
Section One.
Deflnitionl
(bl Wherever the term ..thl. eompaD7"' I. Ulled 1n this pollCJ' It mean. Home TlUe
Guaranb' COmJlaElJ'.
(0) Wherever the term "'final determination" or "'1lnallJ' determined" 111 UIled In
this policy. It means the fto&l determination of a court of competent ;furllldlcUou
after dIsposition of all appeals or after the time to appeal hall gplred.
(4) Wherever the term "the premise." Is used in thIa policy. It means the propertY
Insured hereIn as described In Schedule A of this policy Inc1udlnc- such bulld1nc8
and Improvements thereon which by law constitute real property.
(e) Wherever the term "recorded" Is used In this polley It means, unless otherwise
Indicated, recorded In the office ot the recordlnc- officer of the county In which
property Insured herein lies.
Section Two.
(a) This company will. at Its own cost. defend the I1UIured In an
actions or proceedlnn tounded 00 a claim ot title or Incumbranc€*
not excepted In this polley.
Defen.. Clnd
Prosecution
of Suit.
(b) This company lIhall have the rlcht and may, at Its own cost.
maintain or defend any action or proceeding relating to the title or
Interest hereby Insured, or upon or under any covenant or contract relatln&, thereto
whIch it considers desirable to prevent or reduce loss hereunder,
(0) In all cases where tMs palfcy re'luIres or permits thIs company to prosecute or
defend, the Insured shall secure to It the right and opvortunity to maintain or
defend the action or proceeding, and aU appeals from any determination therein.
and give It all reasonable aId tbereln. and herebY permits It to use therein, at Its
option, its own name or the name of the Insured.
."
(d) The provisions of tbls sectton shall survive payment by this company ot any
Bpecl8c loes' or payment of the entire amount of this polley to the extent that thIe
company shall deem It necessary In recovering the loss from thQse who may be
liable therefor to the Insured or to this company.
Section Thr...
No claim for damaggs sball arise or be maintainable under this
pollcy except In the folIowIIllI" cases:
(a) Where there has been a tlnal determination under whlcb the
Insured may be dIepossessed. evicted or ejected from the premlllell
or trom some part or undIvided shars or Interest therein.
Ca... Where
Uability Ari...
(b) Where there baa been a Bnal determlnaUoa. adverse to the title. upon & llea.
or Incumbrance not excepted In thiII poller.
(0) Where the Inwred mall have contracted In COO4 faith In wrltlnl' to lieU the
lnaured estate or Interest, or where the Insured utate has been lIold for the bene8t
of the tn.ured purllQant to the jud:8ment or order of . eourt and the tItle haa been
rejected because of a defect or Incumbrance not ucepted In this polloy and there
hu been a final determination lluatalninc the objectlOJ1 to the title.
(d) Where the Insurance 18 upon tbe Interest of a mort.gagee and the mortgage has
been adJutked by a final determination to be Invalid or Inetrectua,l to cbarge tbe
flqured'. estate or Illtereat tn the premlll88, or aubJect to a prior lien or Incum-
brance not excepted In tbla polley; or where a recordln&, officer baa refUlIed to ac-
cept from the Inaured a lIatlsfactlon of the InllUred morta'a8'8 and there hall been a
final determination sustalniD&' the refuaa.l becauae of & defect in the title to the
nJd morta'aee.
(e) Where the Insured lIhall have Decotl_tee! a loan to be made on the lIecurlty of a
morta'lI&'e OD the Insured's estate or Intereet tn the premia. and the tItls shalt have
been rejected by the propoaed lender and It sball bave been 1l.nalJy determined that
the rejection of the title wa.e justt1led bec&nae of . detect or Incumbrance Dot ex~
cepted in this policy.
(f) Where tbe In.ured aball have transferred the title ItulUred by an instrument
containing covenante In recard to title or warranty thereof and there ahall have
been a tinal determInation on any of auch covenants or warranty. uaInst tbe Insured.
because of a defect or Incumbrance Dot ftCepted In this poUc:r.
(e) Where the Insured estate or Interest or a part thereof has been taken by con~
demnatlon and It has been tinally determined that thlll Insured Is not entitled to a
full award for tbe estate or Interest taken becauae of a defect or Incumbrance not
excepted III tbls pollcy,
No claIm for damaps shall arlae or be maIntainable under thIs poUcy (1) If thIs
company, after having received notice of an alleg'ed defect or Incumbrance.
removea sucb defect or Incumbrance within thirty days after receIpt of sucb notice;
or (2) for Uablllty voluntarily assumed by the Insured In aettl1ng any claim or
suIt without the written consent of thle company.
In case a purchaser or proposed morta-age lender raises any ques-
tion as to tbe suttlclency of tbe title hereby Insured. or In case
actual knowledge shall come to the Insured of any clahn adverse
Claim to tbe title insured hereby, or In CUle of the service on or receipt
by the Insured of any paper, or at any notice. summons, process or pleadln&, In any
action or proceeding. the object or ettect of which ehaU or may be to impugn, attack
or call In question the vaUdity of the title hereby Insured. tbe Insured shall promptly
notify this company thereof In writing at Its main ottlce and forward to this company
such paper or Buch notice, summons, process or pleadln&" Delay In gIvIng tblB notice
and delay In forwarding sucb paper or such notice, summons, procees or pleadlD&"
eball not affect this company's l1a,blltty l' snch failure has not prejudiced and cannot
In the future prejudice this company,
(Comillll,J "" ",xl pag,)
Section Four.
Notice of
ion Five. j (a) This compaD7 will p&7. In a.dd1t101l to the 101l1. all Bt&tutol'7
costa and allowances Imposed on the Insured in UtlpUon ca.rrled
ment of LosI on by this company for the insured under the terms of this pollcT.
II company sball not be liable for a.nd w1l1 not pay tho feell of anT eouneel or
,roey emploTed by tho Insured.
In everY case where claIm ts made for 10B8 or damage this companT (1) reserves
right to settle, at its own cost, anT claim or BUit which may Involve lIabi1ltT
.er this polley; or (2) may terminate Its HabUlty hereunder by paying or tenderl~
fun amount of thIs policy; or OJ) may, without concedtmr l1ablllty, demand a
uation of the insured estate or Interest, to be made by three arbitrators or anT
") of them, one to be chosen by the insured and one by this company, and the two
1S chosen selecting an umpire. Such valuation, less the amount of anY Incum-
~nces on saId insured estate and interest not hereby Insured alla-Inst. l!Ihall be the
ent of this company's llabll1ty for such claim and no rla'htof action shall accrue
-eunder for the recovery thereof until thirty dayS after notice of such valuation
'l.11 have been served upon this company. and the Insured shall have tendered. a
weyance cr assignment of the insured estate or Interest to this company or its
".ignee at such valuation. diminished as aforesaid. The for"olmr option to fix a
luatlon by arbItration shall not apply to a policY InsurfD&' a. mortgaa-e or lease-
1d interest.
, Llab1lity to any collateral holder of this pollcy shall not exceed the amount of
e pecuniary Interest of such collateral holder in the premises.
) AU payments made by this company under this policy shall reduce the amount
-reof pro tanto except (1) payments made for counsel fess and disbursements In
,fending or prosecutln&" actions or proceedin&"s in beha.lf of the insured and for
atutory costs and allowances impOsed on the Insured. In lIuch actions and proceed-
gS, and (2), if the insured Is a mortgas:ea, payments made to satisfY or lIubordl.
~te prior liens or Incumbrancell not aet forth In Schedule B.
,) When lIabiUty bas been definitely fixed In accordance witb the condltlonll of thia
)lIcy. the loss or damage shall be payable within thirty days thereafter.
ectlon Six.
(a) In the event that a partial loss occurll after an alteration or
Improvement subsequent to the date of this poIlcy. and only in that
event, the Insured becomea a eo-insurer to the extent hereinafter
set forth.
:o-i..urana
and
~pportionment
If the cost of the alteration or improvement exceeds 20 per centum
f the amount Insured hereunder, such proportion onlY of aDY partlallosa eatabl1shed
hall be borne by this company as 120 per centum of the amount of thia polley
.earll to the lIum of the amount of tbla polley and the amount es:psn4ed for the
-iteration or improvement.
I'bis clause shall not apply to eounllel feea aDd disbursements Incurred by this
:ampa117 In defendlnlr or prolleeutiQS' actionll or proeeediD&'lI In behalf of the Insured
.oUr.u&nt to the terms of this poIlcy or to CON imPOlIed on the Insured In such actlonll
--,r proeeed.lD&'s. Thill clauee ahall not appiy to 10Mes which do not exceed In the
-;ggr88'ate an amount eQual to one per centum or the face amount of this pOlley, This
:.ompany will pay lIuch fees, dtsbursementa. coat. and 10s&8111 without contribution by
~be luaured.
:bl If the premtaM are dlvl&ible Into separate, independent parcels, a.nd a loas Is
estabU.hed affectiD&' one or more but not all of said parcela, the 108a .hall be com.
puted and settled on a pro Mil basla &.8 if this polley were divided prtJ """ as to value
of aaid separate, Indepeodent parcela, u:clualve of Improvementa made pbsequen\
to the date of this pollC}'.
(c) Clausea "(a)" and H(b)" of thl. aeetton apply to morbrac'6 pollelell onl1' &fur
the Insured .hall have acquired the Interelrt. of the morts:qor.
(d) It, at the tune lIablllty for any 10.. shall have been lhed pUflluant to the
conclitiollll of this pollCY. the tnnred kola.. another policy of In,!lurance coverlnc the
same Ion tsned by another eomplLD7, this company shall not be-lIable to the insur"
tor a createI' proportion of the loss than the amount that !bla polIcy bears to the
whole amount of insurance held by the insnred. unless another method of apportion.
ing the losa shall have been provided bY a.&Teement between thIl!I company and the
other Insurer or InllureI'll.
If the interest Insured bT this poliey Is tha.t of a. mortgagee, thll!!
polley may be assis:ned to and shall enure to the benefit of suc-
cessive asslcnees of the mortgage without consent of this com.
of Policy paD)" or Its endorsement of this policy. proviaion is made In the
rate manual of New York Board of Title Underwriterl!! tiled with the Superintendent
of Insurance of the State of New York on behalf of thil!! and other member com-
panies for continuation of liability to grantees of the Insured In certain specific
circumstances only. In no circumstance Ilrovlded for In this section shall this com-
pany be deemed to have Insured the su1l'iclency of the form of the assignment or
other Instrument of transfer or conveyance or to have assumed aD1 liabilIty for the
Bu1l'icleney ot any Ilroceedlnce after the date of this polIcy.
Section S.v....
Assignment
Section Eight. (a) This company shall to the extent of any payment by It of loss
S b' under this Ilollcy. be subrogated to all rights of the inl!!ured with
u rogation TeSpect thereto. The insured shall execute ,!Iuch Instruments as may
be reQuested to transfer such rll:hts to this company. The rI&"hts lIO transferred shall
be subordinate to any remaIning interest of the insured.
(b) If the insured Is a mortgagee, this company's rI&,ht of lIubrol'ation shall not
prevent the Ineured from releasing the personal liability of the obligor or guarantor
or from releasing a portion of the premises from the Uen of the mortgage or from
1ncreasl~ or otherwise modifYing the Insured mortgage provided sucb acts do not
affect the validity or priority of the lien of the morQrage insured. However. the
HabUit,. of this company under this poliey shall in no event be Increased by any
811ch aet of the Insured.
Section Nine.
Mis...'.....
..ntation
Any untrue statement made by the iDsu.red, with rel!!peet to anT
material fact. or any IlUppresslon of or failure to disclose any
material faet, or any untrue answer by the insured, to material
Inquiries before the Issuance of thIa polley, shalt votd thle policy.
Section T....
No Waiver
of Conclitions
This company may take any appropriate action under the terms
of this pol1q wbether or not It shall be liable hereunder and
shall not therebT eoncedtl llab1lit:v or waive any provision of
thI. polley.
All actions or proeeedlncs al'ainst this company must be based.
on the provtlllou. of this policy. Any other action or actions or
rIahta of action that the InBured may bave or may brl~ agaInst
Contrad thlll company In respect of other lIervlcetJ rendered In connection
with the Issuaace of thla pollcy, shall be deemed to bave me~ In and be restrIcted
to Ita ~rm. ,.n~ eondltlon..
Section Eleven.
PoOcy Entl,.
Section Twelve. This policy Is val1d only when duly signed by a validating ottlcer
or agent. Chancee may be ettected only by written endorsement.
Validation and If the recordlDlr date of the iDlltrumenta creatlnl' the insured In.
Modiftcation tereat III later than the poliey date,. lIuch pollcy ebal1 alae cover
interventnl' lien. or IncumbranceII. except real _tate taxet;. ...-menta. water
chanea .04 sewer renta.
374.10M.3..61
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tV\.Sr.Ctll!;R Wltf1"n right, title and interest, if any, of the party af the first part in and- ta ~ny streets an~
roads abutting the above described premises ta the center lines thereaf,
TOGETHER with the appurtenances and all the estate and rights af the party af the first part In and to
said premises,
TO HAVE AND TO HOlD the premises herein granted unto the party of the secand part, the heirs or
successars and assigns af the party af the secand part farever.
AND the party of the first part cavenants that the party af the first part has nat dane ar suffered anything
whereby the said premises have been incumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Sectian 13 af the Lien Law, covenants that the party af
the first. part will receive the consideration for this canveyance and will hald the right ta receive such cansid-
eratian as it trust fund ta be applied first far the purpose af paying the cost of the improvement and will apply
the same first to the payment af the cost af the impravement befare using any part af the total af the same for
. any ather purpase.
The word Hparty" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN wrrNESS WHEREOF, the party af the first part has duly executed this deed the day and year first abave
written.
~
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(Antone fJ. Gr g B, rlJ
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SUFFOIK
STATE Of NEW TORK, COUNTY OF
On the I '7 ~ day of March
personally came An t J
one .
and Este11e~Gr1gon1s,
to me known to be the individual S described in and who
executed the foregoing instrument, and acknowledged that
they executed the same.
1561 , before me
Grigonls, Jr.
I.: STATE Of NEW YORIl, COUNTY OF
On the day of
personally came
to me known to be the individual
executed the foregoing instrument,
executed the same.
u
lIONICA G. GALLAGHER
IIotary Public,Sta!e of New Yort:
No. 52.1362~OO. SuHolk County
hr_ fJcpi... March 30. Uil
STATI Of NEW YORK. COUNTY Of
On the day of 19 , before me
personally came
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
that he is the
of
, the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to said instrument is such corporate seal: that it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order.
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II: STATI Of HIW YORIl, COUNTY OF
UBfR4964 PAGEJ.9'~
19 . before me
described in and who
and acknowledged that
..:
On the day of 19 , before me
personally came
the subscribing witness to the foregoing instrument, with
whom I am personally acquainted, who, being by me duly
sworn, did depose and say that he resides at No.
,";
that . he knows
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same: and that he, said witness.
at the same time subscribed h name as witness thereto.
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