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 11th 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
th day of April 1850 between Abraham Osterhout and Sarah Osterhout his wife of Seward in the County of Schoharie and State of New York of the first part, and Horace Wakeman of Carlisle - County and state aforesaid which said deed is recorded in the Clerks office of Schoharie County the 10th day of October 1856 in Book No 31 of Deeds on page 508 - the Eleven acre lot mentioned in this instrument, and is the deed referred to, being the same.
    And it is herein recorded and agreed to as the understanding between the parties to this instrument, that the right of way relinquished by the parties of the first part is that portion of the old way mentioned as diverging from the highway and running over the said lot on the east of the said barn southwesterly ten rods - and the right of way conferred to be - the way mentioned as extending from the gate at the west corner of said barn and running southerly seven rods - the latter being conferred in exchange for the former and the rights of the parties of the first part to its use being the same as the rights vested in them to the former
    In Witness whereof we hereunto set our hands and affix our seals this eleventh day of April 1876

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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