Waking the Tree

Aaron Forman. Deed

This is a 1741 conveyance in Freehold, NJ. I initially believed this to be the deed of my 7th great-grandfather, but this transaction comes 2 months after his death – more likely one of his nephews.

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This is a transcription of a property sale for a meadow in Freehold dated 2 APR 1741. Aaron Forman, Grantor. David Rhe Conveyance in Freehold, Monmouth County 02 APR 1741. Reference E-2 : Folio 548.

Notes: Capitalization and punctuation are as given. Nouns and the start of sentences seem to be capitalized. Abbreviations or unreadable text is noted in brackets.

I initially believed this to be the deed of my 7th great-grandfather, Aaron Forman. 1688. But this transaction comes 2 months after his death. It may be the Executors selling off his property – but I think that would be mentioned – so it is more likely one of his nephews.

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This Indenture made the Second day of April in the fourteenth year of the reign of our Sovereign Lord George the Third by the grace of God of Great Britain France and Ireland King Defender of the faith Anno Domini One thousand Seven hundred and forty one Between Aaron Forman of Freehold in the County of Monmouth in the Eastern Division of the province of New Jersey Sadler [saddle maker/repairer] of the one part and David Rhe of the same place Yeoman of the other part Witnesseth that the said Aaron Forman for and in Consideration of the Sum of thirty pounds money of New York to him in hand paid by the said David Rhe the receipt whereof he the said Aaron Doth hereby Acknowledge and himself to be therewith fully & entirely satisfied contented and paid & thereof and of and from every part and parcell thereof doth both fully clearly and absolutely acquit exonerate and discharge him the said David Rhe his heirs Executors Administrators and every of them forever by these presents Hath granted bargained & sold aliened enoffered and confirmed and by these presents Doth fully clearly and absolutely grant bargain and sell alien enoffer release convey and confirm unto him the said David Rhe his heirs & assigns forever All that Tract of meadow situate lying and being in Freehold aforesaid Containing seven Acres and nine tenths of an acre Beginning at a stake on the North East side at the one side of a Crofs Ditch and running along the said Ditch South west to a ditch between said meadow & upland formerly belonging to James Reid bounded South by the said upland formerly James Reid’s South East by By Joseph Hamptons meadow & all other sides by Joseph Hampton’s upland. Together with all and every the profits benefits commodities advantages liberties inducements hereditaments and appurtenances whatsoever to the said tract of meadow belonging or in any manner of ways there unto appertaining and also all the Estate right Title interest possession property claim & demand whatsoever of him the said Aaron Forman & his heirs as well in Law as in Equity of in or to the said tract of meadow & appurtenances or any part or parcell thereof with the reversion & reversions remainder and remainders thereof  To have and to hold the said Tract of meadow and all and every the appurtenances thereof unto the said David The his heirs and assigns forever to the only proper use benefit and behalf of him the said David Rhe his heirs and assigns forever and he the said Aaron Forman for himself his heirs Executors and Administrators doth Covenant promise grant and agree to & with him the said David Rhe his heirs and assigns by these presents that at the time of the sealing and delivery he the said Aaron Forman hath in himself good right full power and absolute lawful authority to grant bargain sell & confirm the said tract of meadow and all  & singular the granted & bargained promised with the appurtenances thereof unto him the said David Rhe his heirs and assigns forever in manner aforesaid as fully and lawfully as the same was granted and confirmed unto him the said Aaron Forman by a Certain deed of bargain & sale from Joseph Forman bearing date the Second day of October Anno Domini 1733 Relation to the same being had more fully may appear And that the same now is free and from time to time and at all times hereafter shall remain free and Clear to him the said David Rhe his heirs and assigns forever from all and all manner of former and other Gifts grants bargains sales leases mortgages wills entails jointures dowers uses forfeitures judgements executions extents & of and from all other titles troubles charges demand & encumbrances whatsoever had made committed done or suffered to be done by him the said Aaron Forman or any other person whatsoever by from or unto him so as to alter change charge defeat determine or make void the same The rents and services that from henceforth for the same shall become due to the proprietors of the said province if any be legally demanded on the premises only accepted and forseized and further he the said Aaron Forman for himself his heirs Executors and Administrators doth covenant promise grant and agree to and with him the said David Rhe his heirs and assigns by these presents that he the said Aaron Forman and his heirs this tract of meadow as above butted bounded and described and all & every the appurtenances thereof or thereunto belonging unto him the said David Rhe and his heirs & assigns forever to his & their only proper use and was against him the said Aaron Forman & his heirs and all & every other person and persons whatsoever Lawfully laying claim thereunto or to any part or parcell of the same shall & will warrant & forever defend by these presents In Witness whereof he the said Aaron Forman hath hereunto set his hand and seal the day & year first above written.

Aa. Forman. [Seal]

Memorandum the words set thereunto between the twelfth & thirteenth lines were interlined before sealing & delivering

Sealed & Delivered in presence of Abel Tilton Silvester Tilton.

Memorandum that on this eleventh day of November Anna Domini 1741 Silvestor Tilton being one of the people called Quakers and one of the within subscribed evidences personally appeared before me Fenwick Lyell one of his majesty’s council for the province of New Jersey who being solemnly affirmed did declare that he was professed and saw Aaron Forman party to the within Sign Seal and as his voluntary act and deed Deliver the same to the use therein mentioned and that the said affirmant subscribed his name as an evidence thereof.

Affirmat die et annus supradiet coram me [Affirmed above said day and year before me].

Fenwick Lyell