And here we have it folks – the last deed that Edward Marden Sr. will take part in. I really don’t understand it at all, but I understand the general idea of what is happened. Let’s see if any of my readers understand it any better.
What does this deed tell me?
- the deed is dated 18-Feb-1833 (same day as the last deed!)
- the deed is recorded 1-May-1833
- Phineas Ash is selling the same land back to Edward Marden
- Edward is paying $300 for the land, the same amount Phineas just paid him
- the land “being the same land on which the said Edward Mardin now lives”
- there is a condition to the sale (described below)
This last pair of deeds are dated on the same day and there is reference to a bond filed by Phineas Ash on this day as well. Edward sells his last 30 acres to his neighbor Phineas Ash and then Mr. Ash sells the land back to Edward for the very same amount of money.
The interesting part of this deed is as follows.
“Nevertheless it is to be considered and the condition of this deed is such that if the said Phineas Ash well and sufficiently maintains and supports the said Edward Mardin and Chloe his wife during their natural lives according to the conditions of his the said Phineas Ashs bond of even date herewith to the said Edward Mardin then this deed to be void otherwise in full force and virtue the mortgager to take possession of the premises not until the first day of April A.D. 1834 and then keep possession until the conditions are broken.”
I understand these transactions were set up to allow Edward and Chloe to be taken care of by Phineas Ash until their deaths. However, I don’t understand why this last deed would be void if Phineas does not take care of them properly. Shouldn’t it be the other way around? If Phineas doesn’t take proper care of Edward & Chloe shouldn’t they get the land back? Is this all about giving Phineas Ash the land in return for taking care of them? Maybe I need to see the terms of the bond to get a better understanding of these last two transactions?
Do any of my readers understand this deed?
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