Item 78c: Memorandum of Indenture Agreement between Andrew McClintock. Samuel Leonard Thurlow, and Jasper B. Stark (removed to oversize box #1), 1871 November 18
Item — Box: 1, Folder: 78c
Dates
- Created: 1871 November 18
Creator
- McClintock, Andrew Todd, 1810-1892 (Person)
Disclaimer for Name and Subject Authorities
Some of the name and subject authority tags have been assigned by educated guessing and estimation of persons and subjects by region, age, profession, and familial relationships. They have been thoroughly researched by using primary and secondary sources available digitally, and named in each description, or in some cases linked directly to the person tag.
Access:
All series and subseries within this collection are open for research, with the exception of a few files within the Academia series that are restricted. The Academia series contains financial and sensitive institutional records from Wilkes College, and financial report records from Princeton University that will remain restricted for 80 years upon creation.
Extent
1 items
Language of Materials
From the Collection: English
Type of Material:
Memorandum of Indenture
Condition Note:
Good.
Measurements:
12 ¾ in. x 8 in.
Title:
Memorandum of Agreement
Description:
The following items depict a memorandum of the indenture agreement between Andrew Todd McClintock, trustee of the property, and Samuel Leonard and Lydia Mary Thurlow, husband and wife, to Jasper Billings Stark, dated November 18, 1871. The property in question is noted as being the same as previously sold to McClintock into the trust by Samuel Leonard and Lydia Mary Thurlow. The plot is located on South Franklin street in Wilkes Barre, containing one half of an acre and two and three fourths square rods, or twenty two thousand, four hundred, and fifty square feet of land. The agreement mentions how the sum will be paid to Lydia Mary Thurlow in installments with interest. The total of the sum to be paid is $36,000. The first is to be paid on June 1, 1872, the second, a sum of $10,000 on June 1, 1873, the third, a sum of $10,000 on June 1, 1874, along with any interest or balance on the account remaining. There is a note by the Thurlows acknowledging that the furnishings within the house go in with the sale, including the oil cloth, the parlor, dining room and sitting room carpentry, and four parlor mirrors if met for their original price in the sale.
There is an inclusion by McClintock to note that Lydia was taken aside in private to insure that she understood in detail the agreement and sale taking place, as well as her part.
Location:
Wilkes-Barre, PA
Transcription:
Page One:
Memorandum of Agreement made this eighteenth day of November, Annos Domini, one thousand eight hundred and seventy one, between Andrew T. McClintock Trustee +c [etcetera]. (by and with the written consent of S. Leonard Thurlow and Lydia M. his Wife.) of the first part, and Jasper B. Stark of the second part. Witnesseth that the said party of the first part for the consideration hereinafter named, doth hereby covenant and agree to grant, sell and convey unto the party of the second part his heirs and assigns all that certain message, tenement and lot of land situate on the North Westerly side of Franklin Street in the City of Wilkes Barre, Luzerne County, Pennsylvania and described as follows to with Beginning at a corner on said street fifty feet distant from the line between lots numbers Two and Three in the Town plot of the Borough of Wilkes Barre, thence along said Street, N. 55°20’ E. one hundred feet to a corner, thence N. 34°40’ N. two hundred twenty four and one half feet to a corner, thence S. 55°20’W. one hundred feet to a corner, thence S. 34°40’ E. two hundred and twenty four and one half feet to the place of beginning. Containing one half acre and two and three quarters square rod of land, and being the same premise conveyed said party of the first party, in trust, by said S. Leonard Thurlow and Lydia M. Thurlow his Wife by deed dated Aug. 20th 1864, and recorded in the office for recording deeds to in and for the
Page Two:
County of Luzerne in Deed Book No. 98 page 322&c [etcetera]. And it is further agreed that possession of said premises shall be delivered to said party of the second party his heirs or assign on or before the first day of June, A.D. Eighteen hundred and seventy two until which time they are to remain in the occupancy and under the control of said S. Leonard Thurlow and Lydia M. his Wife. And the said party of the second part for himself, his heirs, executors and administrators doth covenant and agree to pay to said party of the first part his execution or administration for the use of said Lydia M. Thurlow, the sum of Thirty six thousand dollars in manner following to wit, Sixteen thousand dollars on the first day of June A.D. Eighteen hundred and seventy two, Ten thousand dollars on the first day of June A.D. Eighteen hundred and seventy three, and the balance being Ten thousand dollars on the first day of June A.D. Eighteen hundred and seventy four, together with interest on the whole sum unpaid from the first day of June A.D. Eighteen hundred and seventy two, payable with each instalment: Deed to be executed and delivered for said premise upon the payt [payment]. of said sum of Sixteen thousand dollars, the balance of purchase may then remaining unpaid to be sealed by Bond and Mortgage. It is further agreed that said party of the second part may make
Page Three:
payt.[payment] of any instalment ^or any part thereof earlier than the date named for the payt. [payment] thereof if he shall so desire.- And it is further agreed that the party of the second part his heirs and assign shall maintain and keep an insurance upon said premises of not less than eight thousand dollars, and assign the policie (sic) [policy] therefor to said party of the first party as collateral security for the balance of purchase many remaining unpaid. In witness whereof the said parties have hereunto on their hands and seal this eighteenth day of November A.D. Eighteen hundred and seventy one. In presence of The words “or any part { And[re]w T. McClintock (seal) thereof” interlined before { Trustee signing. { J.B. Stark (seal) Cha[rel]s.A. Ziegler G.R. Bedford
Luzerne County ss. [sheriff station]. On the 20th day of November A.D. 1871 before me the subscriber a Justice of the Peace in and for said County, personally appeared the above named And[re]w. T. McClintock and Jasper B. Stark and in due form of land acknowledged the forgoing Article of Agreement to be their act and deed for the uses and purposes therein mentioned. Witness my hand and seal the day and year last aformn’d [aforesaid] Cha[rel]s. A. Ziegler (seal) Justice of the Peace
Page Four:
We the undersigned, S. Leonard Thurlow and Lydia M. Thurlow do hereby agree and in writing consent that Andrew T. McClintock the Trustee named in Deed dated Aug. 20th 1864 and recorded in Deed Book No. 98 page 322 &c [etcetera]. may make sale of the premises in said deed mentioned and desired unto Jasper B. Stark his heirs and assign at and for the price of Thirty six thousand dollars to be paid as follows, to wit, Sixteen thousand dollars on or before the first day of June A.D. 1872 Ten thousand dollars on or before the first day of June A.D. 1873 and the balance on or before the first day of June A.D. 1874 ; the Trustee to deliver a deed for said premises to the purchaser upon the payt. [payment] of paid sum of Sixteen thousand dollars, securing the balance of unpaid purchasers money by Bond and Mortgage. And we further agree to deliver possession of said premises to the purchaser on the first day of June A.D. 1872, together with the possession and properties of all gas fixtures in the house, the oil cloth where the hall, and the parlor, dining room and sitting room carpentry. The purchaser to have the option to take the four parlor mirrors at the price paid for the same in Philadelphia, if taken and paid for when the possession of the premises is surrendered, in which case nothing is to be paid by the purchaser for the gas fixtures
Page Five:
oil cloth, and carpets aforesaid, otherwise he is to pay for the latter the sum of one hundred and fifty dollars. In witness whereof we have hereunto set seals hands and seal the 18th day of November A.DDeal. Eighteen hundred and seventy one.-
In presence of S.L. Thurlow (seal) The words “or before” L.M. Thurlow (seal) interlined in two places before signing. Cha[rel]s.A. Ziegler G.R. Bedford
Luzerne County ss. [sheriff station] On the 20th day of Nov. A.D. 1871 before me the subscriber a Justice of the Peace in and for said County, personally appeared S.L. Thurlow and Lydia M. his Wife, and in due form of law did acknowledge the foregoing agreement and written consent to be their act and deed for the use and purposes therein mentioned, And the said Lydia M. Thurlow being of lawfull age and by me examined apart from and about from her said husband, the contents of the sum together with the contents of the Agreement between A.T. McClintock and J.B. Stark for the sale of certain premises sit. note on Franklin St. Wilkes Barre, having been by me first made known unto her did declare and say that she did voluntarily and of her free will and accord give her written consent to the aforesaid contract of sale
Page Six:
and did sign, seal and deliver such written consent without any coercion of her husband. Witness my hand and seal the day + year last aforesaid. Cha[rel]s.A. Ziegler (seal) Justice of the Peace
Recd [recieved] 20 Nov. 1871 of J.B. Stark note of W. Lee Jr dated 17 oct 71 for $6300- payt [payment] 6 months after date and note of G. M. Harding dated 11 Oct 1871 at 6 months for $3500 both to J. B. Stark + inclosed to my order a Trustee of Mr. Thurlow to apply our above Contact if paid at maturity And[re]w T. McClintock Trustee of M Lydia M. Thurlow
A.T. McClintock Trustee To J.B. Stark Agreement Nov. 18-1871 To sell house + lot on So. Franklin St. for $36,000.00
Memorandum of Agreement made this eighteenth day of November, Annos Domini, one thousand eight hundred and seventy one, between Andrew T. McClintock Trustee +c [etcetera]. (by and with the written consent of S. Leonard Thurlow and Lydia M. his Wife.) of the first part, and Jasper B. Stark of the second part. Witnesseth that the said party of the first part for the consideration hereinafter named, doth hereby covenant and agree to grant, sell and convey unto the party of the second part his heirs and assigns all that certain message, tenement and lot of land situate on the North Westerly side of Franklin Street in the City of Wilkes Barre, Luzerne County, Pennsylvania and described as follows to with Beginning at a corner on said street fifty feet distant from the line between lots numbers Two and Three in the Town plot of the Borough of Wilkes Barre, thence along said Street, N. 55°20’ E. one hundred feet to a corner, thence N. 34°40’ N. two hundred twenty four and one half feet to a corner, thence S. 55°20’W. one hundred feet to a corner, thence S. 34°40’ E. two hundred and twenty four and one half feet to the place of beginning. Containing one half acre and two and three quarters square rod of land, and being the same premise conveyed said party of the first party, in trust, by said S. Leonard Thurlow and Lydia M. Thurlow his Wife by deed dated Aug. 20th 1864, and recorded in the office for recording deeds to in and for the
Page Two:
County of Luzerne in Deed Book No. 98 page 322&c [etcetera]. And it is further agreed that possession of said premises shall be delivered to said party of the second party his heirs or assign on or before the first day of June, A.D. Eighteen hundred and seventy two until which time they are to remain in the occupancy and under the control of said S. Leonard Thurlow and Lydia M. his Wife. And the said party of the second part for himself, his heirs, executors and administrators doth covenant and agree to pay to said party of the first part his execution or administration for the use of said Lydia M. Thurlow, the sum of Thirty six thousand dollars in manner following to wit, Sixteen thousand dollars on the first day of June A.D. Eighteen hundred and seventy two, Ten thousand dollars on the first day of June A.D. Eighteen hundred and seventy three, and the balance being Ten thousand dollars on the first day of June A.D. Eighteen hundred and seventy four, together with interest on the whole sum unpaid from the first day of June A.D. Eighteen hundred and seventy two, payable with each instalment: Deed to be executed and delivered for said premise upon the payt [payment]. of said sum of Sixteen thousand dollars, the balance of purchase may then remaining unpaid to be sealed by Bond and Mortgage. It is further agreed that said party of the second part may make
Page Three:
payt.[payment] of any instalment ^or any part thereof earlier than the date named for the payt. [payment] thereof if he shall so desire.- And it is further agreed that the party of the second part his heirs and assign shall maintain and keep an insurance upon said premises of not less than eight thousand dollars, and assign the policie (sic) [policy] therefor to said party of the first party as collateral security for the balance of purchase many remaining unpaid. In witness whereof the said parties have hereunto on their hands and seal this eighteenth day of November A.D. Eighteen hundred and seventy one. In presence of The words “or any part { And[re]w T. McClintock (seal) thereof” interlined before { Trustee signing. { J.B. Stark (seal) Cha[rel]s.A. Ziegler G.R. Bedford
Luzerne County ss. [sheriff station]. On the 20th day of November A.D. 1871 before me the subscriber a Justice of the Peace in and for said County, personally appeared the above named And[re]w. T. McClintock and Jasper B. Stark and in due form of land acknowledged the forgoing Article of Agreement to be their act and deed for the uses and purposes therein mentioned. Witness my hand and seal the day and year last aformn’d [aforesaid] Cha[rel]s. A. Ziegler (seal) Justice of the Peace
Page Four:
We the undersigned, S. Leonard Thurlow and Lydia M. Thurlow do hereby agree and in writing consent that Andrew T. McClintock the Trustee named in Deed dated Aug. 20th 1864 and recorded in Deed Book No. 98 page 322 &c [etcetera]. may make sale of the premises in said deed mentioned and desired unto Jasper B. Stark his heirs and assign at and for the price of Thirty six thousand dollars to be paid as follows, to wit, Sixteen thousand dollars on or before the first day of June A.D. 1872 Ten thousand dollars on or before the first day of June A.D. 1873 and the balance on or before the first day of June A.D. 1874 ; the Trustee to deliver a deed for said premises to the purchaser upon the payt. [payment] of paid sum of Sixteen thousand dollars, securing the balance of unpaid purchasers money by Bond and Mortgage. And we further agree to deliver possession of said premises to the purchaser on the first day of June A.D. 1872, together with the possession and properties of all gas fixtures in the house, the oil cloth where the hall, and the parlor, dining room and sitting room carpentry. The purchaser to have the option to take the four parlor mirrors at the price paid for the same in Philadelphia, if taken and paid for when the possession of the premises is surrendered, in which case nothing is to be paid by the purchaser for the gas fixtures
Page Five:
oil cloth, and carpets aforesaid, otherwise he is to pay for the latter the sum of one hundred and fifty dollars. In witness whereof we have hereunto set seals hands and seal the 18th day of November A.DDeal. Eighteen hundred and seventy one.-
In presence of S.L. Thurlow (seal) The words “or before” L.M. Thurlow (seal) interlined in two places before signing. Cha[rel]s.A. Ziegler G.R. Bedford
Luzerne County ss. [sheriff station] On the 20th day of Nov. A.D. 1871 before me the subscriber a Justice of the Peace in and for said County, personally appeared S.L. Thurlow and Lydia M. his Wife, and in due form of law did acknowledge the foregoing agreement and written consent to be their act and deed for the use and purposes therein mentioned, And the said Lydia M. Thurlow being of lawfull age and by me examined apart from and about from her said husband, the contents of the sum together with the contents of the Agreement between A.T. McClintock and J.B. Stark for the sale of certain premises sit. note on Franklin St. Wilkes Barre, having been by me first made known unto her did declare and say that she did voluntarily and of her free will and accord give her written consent to the aforesaid contract of sale
Page Six:
and did sign, seal and deliver such written consent without any coercion of her husband. Witness my hand and seal the day + year last aforesaid. Cha[rel]s.A. Ziegler (seal) Justice of the Peace
Recd [recieved] 20 Nov. 1871 of J.B. Stark note of W. Lee Jr dated 17 oct 71 for $6300- payt [payment] 6 months after date and note of G. M. Harding dated 11 Oct 1871 at 6 months for $3500 both to J. B. Stark + inclosed to my order a Trustee of Mr. Thurlow to apply our above Contact if paid at maturity And[re]w T. McClintock Trustee of M Lydia M. Thurlow
A.T. McClintock Trustee To J.B. Stark Agreement Nov. 18-1871 To sell house + lot on So. Franklin St. for $36,000.00
Creator
- McClintock, Andrew Todd, 1810-1892 (Person)
Repository Details
Part of the Wilkes University Archives Repository
Contact:
84 W South St.
Wilkes-Barre PA 18701 US
570-408-2000
570-408-7823 (Fax)
ask.archives@wilkes.edu
84 W South St.
Wilkes-Barre PA 18701 US
570-408-2000
570-408-7823 (Fax)
ask.archives@wilkes.edu