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Monday, October 4, 2010
Settlement and Heirs of John Adams
"Settlement and Heirs of JOHN ADAMS. d. 1860 Intestate -- Brother of HORACE ADAMS
This agreement made this fifth day of June in the year of our Lord one thousand Eight hundred and sixty between SABRA ADAMS widow of JOHN ADAMS late of the town of Stafford in the County of Genesee and State of New York deceased of the first part and CARLISLE ADAMS, LIBERTY ADAMS, MARY ADAMS, DELIGHT BENHAM and FRANKLIN BENHAM her husband, GRACE WILCOX and _(left blank)_ WILCOX, her husband, the said CARLISLE ADAMS, LIBERTY ADAMS, MARY ADAMS, DELIGHT BENHAM and GRACE WILCOX being the children and heirs at law of the said JOHN ADAMS deceased of the second part and Isaac Gillett Administrator of the estate of said JOHN ADAMS, deceased of the third part.
Witnesseth That said party of the first part in consideration of the covenants and agreements hereinafter contained, covenants and agrees to quit claim and release to the children and heirs at law of the said party of the second part all her dower, right of dower and interest in the real estate of which said JOHN ADAMS died, seized or professed and all her interest, right or share in the personal estate of said JOHN ADAMS deceased, and all debts demands and claims, against said estate and all right, title and claim to the exempt property or property to be set apart to the widow or children or both, she retaining wearing apparal and all other property owned by her, but no part of the property which belonged to her husband.
And said party, of the second part hereby covenant and agree to and with the party of the first and third part that there shall be paid to the party of the first part out of the proceeds of the personal estate of said deceased or out of the real estate the sum of five hundred and ninety dollars in consideration of her release and discharge as aforesaid and the said party of the third part is hereby authorized and empowered to pay her the same out of the proceeds of the personal estate if he deems it prudent so to do having regard to the debts, to be paid and in case there is not sufficient personal estate to allow of such payment or the party of the third part deems it insufficient to pay the debts and pay said sum of five hundred and ninety dollars, the party of the second part covenant and agree to execute to the said party of the first part a mortgage upon the real estate of which said JOHN ADAMS died seized to secure the balance payable in one year from date of this agreement with interest.
In witness whereof said parties hereunto set their hands and seals the day and year first above written.
Franklin Benham, Sabra Adams, Delight Benham, Carlisle Adams, Liberty Adams, Mary Adams, Isaac Gillett.”