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John and Thomas Patch agreement regarding estate of Nicholas Patch

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John Patch (1623-aft.1684)
Thomas Patch Sr (aft.1639-1711)
Nicholas Patch (bef.1597-bef.1673)

John Lovett Sr. (abt.1610-1686)
Hilliard Veren (bef.1621-1683)


John and Thomas Patch, "Massachusetts Land Records, 1620-1986"; images, FamiySearch, img. 77-78; deed index reports this as Essex (Mass.) Deeds 4:47.

Transcript below, with annotations (bold text) by GeneJ--made in haste; subject to error.

Note, the record copy from which this transcript was created reports Thomas was to inherit a parcel of "forty acres of upland"; however, the summary in Records and Files reports "fourteen acres of upland." See Records and Files 5:255, Hathi Trust. The land he inherited was where (or near) the place Thomas then lived.


48.
John
&
Thomas
Patch

26 : 10 : 1673

Whereas there was a writing given into Sa-
lem court, held ye 26 : 9 : 73. which was an
agreement made between John Patch & Tho.
Patch, the sons of Nicholas Patch deceased.
of the devission of the estate left them by theire
father, which sd writing being the mutuall a-
greement of ye sd John & Thomas, & confirmed by
the sd Court, and for a further & cleerer expla-
nation of ye meaning of ye sd writing, according
to theire true intent threrin, & for the preventing
any further difficulties among theire successors,
& survivers. it is agreed upon as followeth

First. that ye sd John Patch shall have & injoye
to himselfe. his heires. executors. administrators &
assignes forever, that fower acres of meddow by
Dodges farme; alsoe yt two acres of meddow by
Longham ; alsoe yt one acre of meddow joyning
to Capt. Tho. Lothrops by Samuell Corning's farm.
& also the dwelling house with the orchard &
land adjoining & belonging to ye sd house, con-
taining about fower acres. (except one of ye sd
fower acres lying at the north east corner to-
wards the river head soe caled.

2nd. Secondly. yt ye sd Thomas Patch shall have &
enjoye. to himselfe, his heires, executors, admin-
istraters & assignes forever, forty acres of up-
land with fower acres of meddow belonginge
thereto ; which sd forty acres of upland is ly-
ing at a place caled "the old houses", where ye
sd Thomas now lives; alsoe one cow & three
young cattell, & all the household stuff and
moveables. (except about the value of tenn
70
48 shillings worth, which ye sd John have alredy
in possession, & is still to injoy it.) alsoe the
above acre of land, excepted out of the fower
acres adjoyning to ye sd house, shal be to the
use & behoofe of ye sd Thomas Patch & Mary
his now wife, & theire children lawfully begotten
betweene them. (for to build upon) the time of
theire naturall lives, or the longest liver of them
& after his & theire decease, the reversion of the
sd acre of land, to be & returne to ye said John
Patch, his heires & assignes forever, provided, &
it is to be understood that ye sd Thomas or his
successors, is not to have the use of ye sd acre
of land, not untill or before they build upon it,
unto which agreement as the true intent
& meaning of that sd writing gave into Court
at Salem as aforesd; the sd John Patch & Tho.
Patch doe bing themselves, theire heires execu-
tors & administrators, each to the other, to the
true p'formance of all & singular ye permisses
& every pt & article contained therein ye each
other accordingly, shall have, hould, & injoy their
severall pts & p'cells of land & goods, without any
lawfull lett, hinderance, molestation or incum-
brance, from either pt theire heires, executors
& administratorw, or from any other p'son or
p'sons, by from or under them or either of them,
theire heires, executors & administrators, contrary
to the true intent & meaning of these presents.
In witness whereof ye p'ties above sd, have
put to theire hands & seals, this eight day
of December in ye yeare of our Lord God
one thousand, six hundred & seventy three
71
49 Signed, sealed & delivered
the mark of P
John Patch & a seale.
Thomas Patch
& a seale.
In ye pr'sence of us
John Lovet Sen'r
Hilliard Vernen Sen'r

John & Thomas Patch came before me 8 : 10 mo
1673 & owned this to be theire joynt agreement
frome Wm Hathorne Assistant
Recorded thie 26 : 10 mo : 73.
frome Hilliard Veren, Recorder.





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