William Lolley Family Deed
April 1, 1851
Ontario, Wayne, New York
After William's death, his children sell their share of the family's 14 acres of property in Ontario, Wayne, New York for $280.00 to Masterson Ure and John Gordon.
Susannah retains her share of the property and, although there are no records to show it, must have later bought back the children's share based on this deed.
William's original deed does not appear in the indexes, but this deed does mention that the property is free of taxes back to January 1, 1832. This is ten years earlier than his supposed immigration to America.
Wayne Co., New York Deeds: Liber 56, Page 151
This Indenture made the first day of April in the year one thousand, eight hundred and fifty one between Masterson Ure and John Gordon by their attorney Joseph Fellows, by virtue of a power of Attorney bearing date this eleventh day of August one thousand eight hundred and thirty and the said Joseph Fellows of the first part and Frances Lolly, wife of Philip Rice, John Lolley, James Lolly, George Lolly, Harriet Lolly, David Lolly, and Mary Ann Lolly in the county of Wayne and State of New York. Children and heirs at law of William Lolly, deceased, late of Ontario in the county of Wayne aforesaid of the second part.
Witnesseth, that the parties of the first part, for and in consideration of the sum of two hundred and eighty dollars [$280.00] of lawful money of the state of New York to them paid by the party of the second part the receipt whereof is acknowledged have and each of them hath sold and by these presents do and each of them doth grant, sell, and convey unto the party of the second part their heirs and assigns.
All that certain piece or parcel of land situate in the town of Ontario in the county of Wayne and state of New York known and distinguished as the north part of Lot number forty three in the east division of Township number fourteen in the third range of Townships and bounded as follows.
Beginning at the northeast corner of said lot, thence south four degrees west forty five rods, thence north eight six degrees west fifty rods, thence north four degrees east forty five rods, thence south eighty six degrees east fifty rods to the place of beginning containing fourteen acres and ten rods as surveyed by E. Davis October 28th 1850 be the same more or less. Subject always nevertheless to a right of dower of Susannah Lolly widow of the said William Lolly in the said granted premises. Together with all the appurtenances to the said premises belonging and all the estate, title, and interest both at law and in equity of them the parties of the first part and each of them in the same. To have and to hold the said granted premises with the appurtenances unto the party of the second party their heirs and assigns forever.
And the said Joseph Fellows for himself, his heirs, executors, and administrators, doth by these presents covenant with the party of the second part their heirs and assigns that he the said Joseph Fellows and his heirs shall and will forever hereafter warrant and defend the said premises and every part thereof with the appurtenances unto the party of the second part, their heirs and assigns against all persons whomsoever lawfully claiming or to claim the same or any part thereof. Provided always that nothing herein contained shall be construed to be a covenant of warranty of the title to said premises against a sale of the same or any part thereof for taxes which may have been imposed subsequent to the first day of January one thousand eight hundred and thirty two [1 Jan 1832].
In witness whereof the said Masterson Ure and John Gordon by their said attorney and the said Joseph Fellows in his proper person have hereunto set their hands and seals on the day and in the year first above written.
Masteron Ure by Joseph Fellows (seal)
John Gordon by Josephn Fellows (seal)
Joseph Fellows (seal)
Sealed and delivered in the presence of Josiah W. Smith, State of New York, Wayne County SS: On this the 23rd day of April in the year one thousand eight hundred and fifty one before me personally came Josiah W. Smith subscribing witness to the within conveyance to me known and being by me only sworn says that he resides in the town of Ontario and in said county that he knows Joseph Fellows the individual in and who executed this said conveyance that he was present and saw the said Joseph Fellows sign, seal, deliver the same and for his act and Deed and that Joseph Fellows then acknowledged the execution thereof as well for himself as for the attorney of the within named grantors whereupon the said Joseph W. Smith became the subscribing witness thereof.
William W. Fuller
Justice of the Peace in said county of Wayne
Copy recorded 26 Feby 1853 at 2 P.M.
"New York, Land Records, 1630-1975," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1971-32577-21135-53?cc=2078654&wc=M7H1-T38:358137201,358910801 : accessed 20 May 2014), Wayne > Deeds 1853 vol 56 > image 81 of 339; citing County Clerk. County Courthouse.