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In the Matter of the last Will and Testament of Geo. S.
Horton
Will Dated Jan 7, 1914; Probated May 3, 1915; Recorded Sept. 13, 1915 at 2 P.M. in Liber 238 of Deeds at
page 4
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Said Will recites as follows:
First, - I direct that all my just debts and
funeral expenses be paid.
Second, - I give, devise and bequeath to my
wife Della H. Horton one half of all of my property both real and
personal of every name and nature to be hers absolutely. This bequest is
given and is to to be taken by my said wife in lieu of her dower in all
of my property.
Third, - I give, devise and bequeath to my
son in law Clymer Austin, my billiard table, my pool table, and all of the
furniture that goes with the pool and billiard tables.
Fourth, - I give, devise and bequeath to my
grand daughter Dorothea Austin one fourth of all the rest of my property, both
real and personal of every name and nature.
Fifth, - I give, devise and bequeath all the
rest residue and remainder of my property both real and personal of every name
and nature to my daughter Cecil M. Austin, but she shall allow me and my wife
Della M. Horton to live with her when we desire to do so.
Lastly, I hereby appoint my wife Della M.
Horton executrix of this, my last Will and Testament; herby revoking all former
Wills by me made.
*** Petition filed in Wayne County Surrogate's Office states
among other things that George S. Horton died on the 23rd day of March 1915,
leaving surviving his widow, Della W. Horton and Cecile M. Austin, daughter. ***
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| 10. |
Howard C. Spencer and Gladys S. Spencer, his wife,
to
Edward M. Ogden and Doris A. Ogden, his wife, as tenants
by the entirety
warrant deed
with lien covenant
Dated March 6, 1956; Ack'd March 6, 1956; Rec'd March
12, 1956 at 3:30 P.M.; Liber___; Page___; Cons. $1.00 and other good and
valuable consideration
CONVEYS: ALL THAT TRACT OR PARCEL OF LAND, situate
in the Town of Wolcott, County of Wayne and State of New York, including
but not limited to Lots Numbers 269 and 270 in WIlliamson's Patent
surveyed together as one lot, and bounded as follows: On the north by the
low water line of Lake Ontario; on the south by the center line of what
is, or was a public highway, three rods wide as originally laid out and
accepted, which said highway is contiguous to lots 269 and 270 and town
lot 268 on the south; on the east by certain premises conveyed in a deed
recorded in Wayne COunty Clerk's Office in Liber 248 of Deeds at page 37;
and on the west by premises lying on the west side of Blind Creek, so
called, conveyed in a deed recorded at Wayne County Clerk's Office in
Liber 105 of Deeds at page 334.
(2) The parties of the first part intend to include
in this conveyance, and do so include and convey all of the lands and
interests conveyed to said Howard C. Spencer by deeds recorded in the
Wayne COunty Clerk's Office in Liber 298 of Deeds at page 121 and Liber
299 of Deeds at page 230.
(3) Together with the appurtenances and all the
estate and rights of the parties of the first part in and to said
premises.
(4) The parties of the first part likewise quit
claim, transfer and assign to the parties of the second part all lands and
appurtenances thereto adjacent, contiguous or in the vicinity of the lands
above described, and all of the estates, rights, titles and interests
acquired by the parties of the first part and their predecessors in title
by occupation, use, prescription, adverse possession, or in any way
whatsoever.
(5) This said conveyance is made (a) subject to any
rights, public or otherwise, if any such exist, to the use of the shore of
Lake Ontario lying between the high and low water marks thereof, (b)
subject to any private easements for right of way, if any exist, between
the north boundary line of the said highway and the center line thereof,
and (c) subject to any rights of fishing and boating in the deep water
channel of said Blind Creek possessed by owners of land lying on the west
of the said creek, if any such rights exist, (d) such rights as such
owners may possess in the area lying west of the center line of said
creek, (e) and subject to such rights as such owners may have, if any, to
the land and stone bar lying between the low water mark of Lake Ontario
and the low water mark of said Blind Creek, its marshes and swales and
west of the center line of Blind Creek continued north to Lake Ontario.
(6) There is also transferred and conveyed herewith
a perpetual easement and right of way for all purposes normally associated
with a public highway, including, but not limited to the right of
installation of public utilities and municipal facilities and services, on
the surface, above the surface and underneath the surface of the ground,
which said easement and right of way shall be three (3) rods wide and
coterminous with the boundaries as they existed, of the said highway lying
on the south of the premises conveyed and which easement and right of way
extends from the east boundary line of the property above conveyed (and
continued southerly 1 1/2 rods), easterly to the westerly portion of the
said highway, which is now maintained and recognized by the authorities of
the Town of Wolcott, as a Town Highway. This terminal line being
approximately 400 feet east, measured along the said road from the east
line of the property conveyed, together with all rights to repair, drain,
maintain, keep open, cut and trim all trees, growth and vegetation along
the whole of the course thereof, and throughout its total width.
(7) The parties hereto likewise quitclaim and assign
and convey irrevocably and forever all their estates, rights, title and
interest of any kind and description, including but not limited to rights
of personal property thereon, fruit, trees, timber, rights to maintain,
repair, drain, in and to all of the lands lying between the south boundary
line of the said road or highway, and the center line thereof, which
highway lies on the south boundary of the property conveyed.
(8) The parties of the first part likewise convey to
the parties of the second part such easements, rights of way and other
rights and interests as may survive, in the lands of the said highway
lying between its borders as originally laid out and accepted and
maintained, from the west boundary of the property here conveyed,
continued 1 1/2 rods southerly, to the public highway known as the East
Port Bay Road, such assignment of conveyance to carry with it, all of the
rights of the parties of the first part to bridge and cross the said Blind
Creek and otherwise use the lands described for the usual purposes of a
public highway.
(9) The parties of the first part hereby likewise
quitclaim, transfer and assign to the parties of the second part, all of
their rights, titles, interests and estates in and to Blind Creek, and its
bed and lands lying underneath the water thereof, in all its reaches and
rights of access thereto, including its marches, swales, low lands, its
water in whatever form, and the flow, movement and control thereof, and
its usufructs, and the lands lying thereunder, and also, but not limited
to, all riparian rights and benefits to use the same for recreational
purposes, trapping, swimming, fishing, boating, hunting, navigation and
transportation, exploration, agricultural rights and uses, commercial
rights and uses, rights to grow, cut and harvest crops and vegetation
growing thereon and therein, rights to floating timber, rights to fill,
drain, ditch, place piers, docks and buildings thereon, all lands and
rights acquired by accretion to the uplands herein conveyed and by
avulsion from the lands bordering thereon, and including all hereditaments,
both corporeal and incorporeal, which the parties of the first part may
have acquired by whatsoever means.
(10) The exceptions and reservations formerly purporting
to be applicable to the lands herein conveyed, and described in deed
recorded in Wayne County Clerk's Office in Liber 71 of Deeds at page 7,
and deed recorded in Liber 127 of Deeds at page 368 and deed recorded in
Liber 127 of Deeds at page 372 are now and have been for over 50 years
expressly repudiated and held to be null and void by the parties of the
first part and their predecessors in title and total, complete and
perpetual title, possession and domination over the rights and subject
matter of the said alleged reservations and exceptions against any and all
who might claim to be beneficiaries thereof, is hereby asserted and has
been so asserted by the parties of the first part and their predecessors
in title for a period in excess of fifty (50) years.
(11) It is intended to convey herewith about 108
acres of land be the same more or less and in addition thereto, so much of
approximately 30 acres of land of Blind Creek and the bed, swales,
marshes, lowlands as lies East of the East boundary lines of the property
described in a deed recorded in Wayne Co. Clerk's Office in Liber 105 of
Deeds, page 334. |