APPENDIX NO. 8: COPY OF THE DEED FROM SAMUEL WETHERILL AND WIFE TO CHRISTOPHER
MARSHALL AND OTHERS, TRUSTEES
Charles Wetherill
Wetherill, Charles. History of The Religious Society of Friends Called
by Some The Free Quakers, in the City of Philadelphia. Philadelphia:
Printed for the Society, 1894, Number 3 of an edition limited to 800 copies,
signed by Charles Wetherill.]
This Document is on The
Quaker Writings Home Page.
This Indenture, Made the tenth day of the seventh month, called
July, in the year of our Lord one thousand seven hundred and eighty-three
between Samuel Wetherill, Jr., of the City of Philadelphia in the State
of Pennsylvania, Carpenter, and Sarah his wife, of the one part, and Christopher
Marshall, Sr., of the said city, gentleman; Nathaniel Brown, of the said
city, blacksmith; Isaac Howell, of the said city, Esquire; Peter Thomson,
of the said city, conveyancer; Moses Bartram, of the said city, druggist;
Jonathan Scholfield, of the said city, shopkeeper; Benjamin Say, of the
said city, practitioner in physic; Joseph Warner, of the said city, lastmaker;
and Abraham Roberts, of the said city, grocer, of the other part.
Whereas, John Dunlap, of said city, printer, and Elizabeth his
wife, by indenture of the fifth day of this instant month called July,
for the consideration therein mentioned did grant and confirm unto the
said Samuel Wetherill, his heirs and assigns, all that certain lot or piece
of ground, situate on the south side of Mulberry or Arch street(1)
and west side of Fifth street from the river Delaware in the said city,
containing in breadth on the said Mulberry street forty-eight feet, and
in length or depth one hundred feet, bounded northward with the said Mulberry
street, eastward with the said Fifth street, southward with another lot
of ground, granted by the said John Dunlap and wife to the said Samuel
Wetherill, and westward with ground formerly of William Hudson, and now
or late of Joseph Wharton and Hannah his wife: Together with the appurtenances
to hold to him, the said Samuel Wetherill, his heirs and assigns forever,
subject to the payment of a certain yearly rent-charge or sum of four pounds
eight shillings lawful money of Pennsylvania, as the same should hereafter
grow due and payable, as in and by the said recited Indenture, Relation
being thereunto had, at large appears. Now This Indenture Withesseth,
That the said Samuel Wetherill and Sarah his wife, as well for and in consideration
of the sum of ten shillings in specie unto them well and truly paid by
the said Christopher Marshall, Nathanicl Brown, Isaac Howell, Peter Thomson,
Moses Bartram, Jonathan Scholfield, Benjamin Say, Joseph Warner, and Abraham
Roberts, at or before the sealing and delivering hereof, the Receipt whereof
is hereby acknowledged, as for divers other good causes and valuable considerations
them hereunto specially moving. Have granted, bargained, sold, released,
and confirmed, and by these presents do grant, bargain, sell, release,
and confirm unto the said Christopher Marshall, Nathanicl Brown, Isaac
Howell, Peter Thomson, Moses Bartram; Jonathan Scholfield, Benjamin Say,
Joseph Warner, and Abraham Roberts, their heirs and assigns, a certain
lot or piece of ground (being the northernmost part of the said described
lot or piece of ground) containing in breadth on the said Mulberry street
forty-eight feet, and in length or depth on the said Fifth street sixty
feet, bounded northward with the said Mulberry street, eastward with the
said Fifth street, southward with the remainder of the above-described
lot whereof this is part, and westward with ground formerly of William
Hudson, and now or late of Joseph Wharton and Hannah his wife. Together
also with all and singular the building improvements, ways, waters, water-courses,
rights, liberties, privileges, hereditaments, and appurtenances whatsoever
thereunto belonging or in anywise appertaining, and the reversions, remainders,
rents, issues, and profts thereof, and also all the estate, right, title,
interest, possession, property, claim and demand whatsoever of him, the
said Samuel Wetherill and Sarah his wife, in law, equity, or otherwise
howsoever, of, in, io, and out of the hereby granted premises and every
part thereof. To Have and to Hold the said described lot or piece of ground,
forty-eight feet in breadth by sixty feet in length, hereditaments and
premises hereby granted, bargained, and sold or mentioned so to be, with
the appurtenances unto the said Christopher Marshall, Nathanlei Brown,
Isaac Howell, Peter Thomson, Moses Bartram, Jonathan Scholfield, Benjamin
Say, Joseph Warner, and Abraham Roberts, and the survivors and survivor
of them, and the heirs and assigns of such survivor forever. In Trust to
and for the uses and purposes hereinafter mentioned, limited, and declared,
and to and for no other use, intent, or purpose whatsoever; that is to
say, to and for the use and benefit of the Religious Society of People
distinguished and known by the name of Free Quakers in the city of Philadelphia,
to erect and build a meeting house thereon, and therein to meet for the
solemn worship of Almighty God, the Creator, Upholder and Ruler of the
universe, and upon this special trust and further confidence nevertheless,
that they, the said Christopher Marshall, Nathaniel Brown, Isaac Howell,
Peter Thomson, Moses Bartram, Jonathan Scholfield, Benjamin Say, Joseph
Warren, and Abraham Roberts, and the survivors or survivor of them, or
the heirs or assigns of such survivor shall and will, from time to time,
and as often as need be or occasion require, by some good conveyance or
assurance in the law, for the consideration of ten shillings grant, bargain,
sell, release, and confirm the hereby granted premise's, and every part
thereof, to any number of persons, to be nominated by the said Religious
Society, and the survivors and survivor of them, and the heirs and assigns
of such survivor forever, In Trust for the uses and purposes aforesaid,
and to and for no other use, intent, or purpose whatsoever, in order to
maintain and support the contingent uses from being defeated or destroyed,
and to make entries for the same, if it shall be needful, free and dear,
and freely and clearly acquitted, exonerated, and discharged of and from
the payment of the said yearly rent-charge of four pounds eight shillings,
and every part thereof, and the said Samuel Wetherill, for himself, his
heirs, executors, and administrators, doth covenant, promise, grant, and
agree to and with the said Christopher Marshall, Nathaniel Brown, Isaac
Howell, Peter Thomson, Moses Bartram, Jonathan Scholfield, Benjamin Say,
Joseph Warner, and Abraham Roberts, their heirs and assigns, by these presents,
in manner and form following; that is to say, that he, the said Samuel
Wetherill, and his heirs the said described lot or piece of ground, hereditaments
and premises hereby granted, bargained, and sold, or mentioned or intended
so to be, with the appurtenances, unto the said Christopher Marshall, Nathaniel
Brown, Isaac Howell, Peter Thomson, Moses Bartram, Jonathan Scholfield,
Benjamin Say, Joseph Warner, and Abral~am Roberts, their heirs and assigns,
In Trust for the uses aforesaid against him the said Samuel Wetherill and
his heirs, and against all and every other person or persons whatsoever
lawfully claiming or to claim by, from, or under him, them, or any of them,
shall and will warrant and forever defend by these presents; and further,
that he the said Samuel Wetherill, his heirs, or assigns, shall and will
forever hereafter charge the remainder of the said just described lot of
ground, being forty feet in breadth on the said Fifth street by forty-eight
feet in depth, with the payment of the said yearly rent-charge of four
pounds, eight shillings, and every part thereof, so as the same rent shall
not be extended or charged upon that part of the said first described lot
of ground hereby granted in trust for the uses aforesaid, and of, and from
the same yearly rent, and of and from all actions, suits, distress and
distresses, costs, charges, damages, and demands whatsoever, shall and
will from time to time, and at all times hereafter, save, acquit, defend,
keep harmless, and indemnify the said Christopher Marshall, Nathanlei Brown,
Isaac Howell, Peter Thomson, Moses Bartram, Jonathan Scholfield, Benjamin
Say, Joseph Warner, and Abraham Roberts, and the survivors and survivor
of them, and the heirs and assigns of such survivor of them and all their
and every of their lands and tenements, goods and chattels, and more especially
the lot of ground hereby granted with the buildings and improvements thereon
erected or to be erected; and lastly, that he the said Samuel Wetherill
and his heirs, and all and every other person or persons whatsoever, anything
having or lawfully claiming, or that shall or may so have or claim any
estate, right, title, or interest of, in, or to the said premises hereby
granted or mentioned to be granted, or of, in, or to any part or parcel
thereof, shall and will from time to time, and at all times hereafter,
upon the reasonable request and at the proper costs and charges in the
law of the said Christopher Marshall, Nathaniel Brown, Isaac Howell, Peter
Thomson, Moses Bartram, Jonathan Scholfield, Benjamin Say, Joseph Warner,
and Abraham Roberts, their heirs and assigns, or some of them, make, do,
execute, and acknowledge or cause so to be, all and every such further
and other reasonable act and acts, deed and deeds, conveyances and assurances
in the law whatsoever, for the better and more perfect assurance and confirmation
of the said described lot or piece of ground, hereditaments and premises
hereby granted or mentioned or intended so to be, with the appurtenances,
unto the said Christopher Marshall, Nathanicl Brown, Isaac Howell, Peter
Thomson, Moses Bartram, Jonathan Scholfield, Benjamin Say, Joseph Warner,
and Abraham Roberts, and the survivor and survivors of them, and the heirs
and assigns of such survivor forever, in trust, for the uses aforesaid,
and to and for no other use, intent, or purpose whatsoever, as by their
or either of their Counsel learned in the law shall be reasonably devised,
advised, or required.
In witness whereof, the said parties have interchangeably set their
hands and seals hereunto, dated the day and year first above written.
Sealed and delivered in the presence of us
Jonathan Bartolette,
William Perkins,
Ty. Matlack, |
Sam'l Wetherill, Jr. [Seal]
Sarah Wetherill [Seal] |
The tenth day of July, Anno Domini 1783, before me, Plunker Fleeson,
Esquire, one of the justices, &c, for the city and county of Philadelphia,
came the within named Samuel Wetherill and Sarah his wife, and acknowledged
the within written indenture to be their act and deed, and desired the
same may be recorded as such according to law. The said Sarah thereunto
voluntarily consenting, she being of full age, separate and apart from
her husband by me examined, and the contents thereof first made known unto
her.
Witness my hand and seal, the day and year aforesaid.
PLUNKET FLEESON, [SEAL]
Recorded in the office for recording deeds, &c., for the city and county
of Philadelphia, in Deed Book D No. 7, page i93, July 16th, 1783.
Notes of Deeds to TrusteeswConveying the Real Estate held in Trust for
the Religious Society of Free Quakers.
Deed.--Moses Bartram, Jonathan Scholfield, and Benjamin Say,
Surviving Trustees to Samuel Wetherill Jr., George Kemble, Anthony Ruston,
Joshua Lippincott, Thomas Say, Samuel Yorke, and John Wetherill--Trustees--dated
August 13, 1808, recorded February 27, 1810, in Deed Book I. C. No 6, page
215 &c.
Deed.--Benjamin Say, sole surviving Trustee to same-- dated
same day, recorded September 9th, 1808, in Deed Book E. F. No. 30, page
565 &c.
Deed.--Joshua Lippincott surviving Trustee to John Price Wetherill,
Edward Wetherill, George D. Wetherill, John P. Wetherill Jr., Charles Kemble,
Joshua Lippincott Jr., and Samuel W. Lippincott--Trustees--dated April
18, 1853, recorded April 19, 1853, in Deed Book T. H. No. 74, page 344
&c.
Deed (endorsed on above).--Edward Wetherill, George D. Wetherill,
John P. Wetherill (late Jr.), Charles Kemble, Joshua Lippincott (late Jr.),
and Samuel W. Lippincott, Surviving Trustees to William Wetherill, John
P. Wetherill, Samuel W. Lippincott, William Lippincott, Samuel Wetherill,
Edward Wetherill, George D. Wetherill, Charles Kemble, and Henry M. Wetherill--Trustees--dated
November 29th 1856, recorded June 13, 1882, in Deed Book J. O'D. No. 45,
page 186, &c.
Deed.--John P. Wetherill, William Lippincott, Samuel Wetherill
Jr., Edward Wetherill, and Henry M. Wetherill, Surviving Trustees to John
P. Wetherill, William Lippincott Samuel Wetherill Sr., Edward Wetherill,
Henry M. Wetherill, William Henry Wetherill, Christopher Wetherill Jr.,
Charles Wetherill, and Albert Lawrence Wetherill, Trustees--dated April
13, 1882, recorded June 13, 1882, in Deed Book J. O'D No. 45, page 181,
&c.
Of the above Trustees Samuel Wetherill Sr., John P. Wetherill, and
William Lippincott, are since deceased and Edward Wetherill has resigned.
(1.)
Mulberry Street: name later changed to Arch Street. The Free Quaker Meetinghouse
still stands and is part of Independance National Park.-pds.