Trustees Records, Vol. 1, 1835 (page 202)

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Status: Indexed

202

Eastwardly by land of said Winchester along the South-
erly line of said way, about three hundred and twenty
feet; thence turning by about a right angle and
running Northerwardly on land of said Winchester,
by a broken line, across the Easterly end of said way,
and by the Easterly line of the way hereinbefore
first mentioned, leading towards the Mount Au-
burn Cemetary [sic], about one hundred and eighty
nine feet to the place begun at.

Or however otherwise the premises may be
bounded measured or described.

It being the intention of the said Corporation
to extinguish all their rights, privileges, claims
and easements in, upon and over the parcel of
land herein described over which it has heretofore
had and enjoyed the right of passage and re-
passage.

And the said Corporation hereby consents
that the said Winchester may at any time enclose
said parcel of land within and as part of
his Mansion House Estate, lying in Watertown
aforesaid.

To have and to hold the premises to the
said Winchester his heirs and assigns to his
and their own use and benefit forever, and so
that neither the said Corporation or any person
or persons claiming from by the way to or under
it shall have any right, title, interest, ^claim or estate
therein. But without any warranty or the part
of the said Corporation except by way of estoppel.

Notes and Questions

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Elizabeth Casner

ink is faded in places and the hand hard to read in others so several unknowns

SegalJL

I think I got all the missing words in the last paragraph although it still doesn't read very well. I'm pretty sure it's describing an easement which indicates that they can get to where they are going either by crossing or tunneling.

New word for me: estoppel: a bar or impediment preventing a party from asserting a fact or a claim inconsistent with a position that party previously took, either by conduct or words.