Schoharie County NYGenWeb Site
Right of Egress
Horace Wakeman to Abraham Osterhout and Nicholas Youngs
contributed by A. G. Morris
Document (scanned image page 1, page 2, page 3, page 4):
This Indenture made and concluded this 11
th day of April 1876 by and between Abraham Osterhout of the town of Seward and Nicholas Youngs of the town of Carlisle - County of Schoharie and State of New York - Parties of the First Part and Horage Wakeman of the town of Carlisle County and state aforesaid - Party of the Second Part
Witnesseth as Follows. That whereas the said Abraham Osterhout and Nicholas
Youngs have by reason of long and continued use by themselves, their
ancestors, and grantors acquired the right to cross and recross with wagons,
sleighs, teams and utensils a certain lot of eleven acres of land, lying in
said town of Carlisle and now owned and occupied by the party of the second
part, in manner and form substantially as follows - that is - diverging from
the highway running past the house and barn located on the said lot, at a
point at or about six rods east of the said barn, and traveling thence south
westerly ten rods, and thence nearly south or little east of south, across
the said lot to a barn on the south side of said lot at the point where said
way enters the woods - thereby vesting in the said Abraham Osterhout and
Nicholas Youngs a right of way over the said lot, in the manner and form as
mentioned, for the purpose of passing and repassing as mentioned to and from
certain lands lying east of the said eleven acre lot, which said lands are
now owned and occupied by the parties of the first part.
Now Therefore in consideration of the covenants and
agreements hereinafter made by the party of the second part to and with each
of us, we the parties of the first part, for ourselves, our heirs, and
assigns executors and administrators hereby release, quitclaim and forever
hereafter resign all our right title and interest in, or right to travel in
any way over that portion of the said described way mentioned in this
instrument as diverging from the highway running past the house and barn
located on the said lot at a point at or about six rods east of the said
barn and traveling thence south westerly ten rods
In Consideration of which the party of the second part does
hereby for himself his heirs and assigns, Executors and administrators
covenant with and confer upon the parties of the first part - their heirs,
and assigns, Executors, and administrators as follows
Namely - that they shall have the same rights of ingress and
egress to the said eleven acre lot of land, and right to cross and recross
the same for the same purposes, as now, by a way commencing at a gate now
located at the west corner of the barn before mentioned, and running thence
southerly as the way is now being traveled to the point mentioned as the
terminus of the ten rods of way diverging from the highway and running
southwesterly over said lot on the east side of said barn - this the new way
hereby conferred extending from said gate on the west corner of said barn,
seven rods southerly to the point where it enters into the way which has
been traveled for many years by the ancestors and grantors of the parties of
the first part and by themselves and from this point the way is to remain
the same as heretofore
For a further and more complete description of the eleven
acre lot mentioned reference is made to a certain deed made the 25
Witness
Alonzo Wakeman
Abram Osterhout /s/
Nicholas Young /s/
Hoarce Wakeman /s/
State of New York
County of Schoharie } ss
On this day of in the year one thousand eight hundred and seventy six before me the subscriber personally came Abraham Osterhout, Nicholas Youngs and Horace Wakeman to me known to be the same persons described in and who executed the within instrument and personally acknowledged that they executed the same.
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