1759-1777 LEASEHOLD AGREEMENTS TRANSCRIBERS PREFACE The document transcribed includes multiple conveyances of the leaseholds for two lots in Oldwick over the 1759 to 1777 period. Lot No. 1: This quarter-acre lot (now divided into two lots) is located at the southeast corner of Old Turnpike Road and Church Street. At the time of the conveyances, there was a single, stone house facing Old Turnpike Road. The house was later rebuilt to face Church Street (Now 1 Church Street), and clapboard, commercial/residence structures were built facing Old Turnpike Road (Now 46-54 Old Turnpike Road). Lot No. 4: This quarter-acre lot is the same as what is now 9 Church Street. The original document consists of four sheets of paper, bound together with thread, and having entries on both sides of each sheet. However, the sequence of the various transactions is not in chronological order it appears that later transactions utilized empty space on previous documents and/or the documentation of earlier transactions may have been delayed. Chronologically, there were six transactions: 1759 Ralph Smith conveyed the leasehold for Lot No. 4 to Andreas Shendler for 100 years for 15 shillings per year, renewable for Ever. Smith was the early owner of what is now Oldwick, having moved to New Jersey from Boston in 1734. In the indentures, he called the village Smithfield although New Germantown was the more common name from the 1750s on until it was changed to Oldwick during World War I. 1761 Ralph Smith conveyed the leasehold for Lot No. 1 to James Cole for 103 years for 15 shillings per year, renewable for Ever. 1763 Ralph Smith conveyed his freeholder rights to both lots to Jonas and Tunis Melek. Note that this agreement appears to have been witnessed by former Governor John Reading (b. 1686, d. 1767), the first native-born Governor of New Jersey serving in 1747 and again in 1757-1758. Another witness was Martin Ryerson, believed to have been the individual of that name who was Governor Reading s brother-in-law, a colonel in the colonial militia and a judge (b. 1698, d. 1767). 1772 Tunis Melick (Jonas was not mentioned) conveyed his rights to the two lots to Godfrey Rynhart 1776 Godfrey Rinehard conveyed his rights to the two lots to Baltis Pickle 1777 Baltes Pickle conveyed his rights to the two lots to the Rector, Church Wardens & Vestry of Zion Church Smith also used space on the 8 th page of the original to record the names, birth dates and for some, death dates and death causes, of his 13 children this information was later crossed out, presumably at the time he sold the leaseholds for the two lots in 1763. The transcription follows text in [brackets and italics] are notations by the transcribers. 1
TRANSCRIPTION Lot N o. 1. Samuel Miller [The above line was added well after the following indenture was signed; Miller (b. 1791, d. 1871) lived here until 1847] This Indenture made this First Day of June in the Year of Our Lord One thousand Seven Hundred and Sixty One Between Ralph Smith of Tewksbury in the County of Hunterdon and Province of New Jersey of the One Part and James Cole of the Said Township of the Other Part Witnesseth that the Said Ralph Smith for and In Consideration of the Payment of the Severall Rents herein after Reserved and the Keeping the Covenants herein after Expresed which on the Part and Behalf of the Said James Cole Ought to be Observed Performed and Kept Hath Granted Bargained Sold Aliened Conveyed and Confirmed and by these Presents Doth Grant Bargain Sell Convey and Confirm unto the Said James Cole his Heirs and Assigns for Ever all that Lot of Land Scituate and being in Smith Field in the Township of Tewksbury in the County of Hunterdon in the Province of New Jersey and Doth Begin at a Corner Near about four Roods or Sixty Six feet Distant on an Easterly Course from the Northeast Corner of Thomas Helms House on the South Side of King Street and is Known by the Name of Lot Number One which Lot N o : one Doth Extend Easterly Sixty Six feet to Lot Number Two formerly Leased to Michel HenderShat thence from the Same Street South Westerly allong the Line of Lot Number Two to the Corner thereof thence Westerly in a Line Paralel to the Said Street until the Same Shall Intersect the Road that Leads from Fox hill To Reading within which Bounds is Soposed to be near about one Quarter of an Acre of Land be the [End of front side of first sheet] [Following is only entry, added in 1777, on back side of first sheet] I hereby assign transfer & set over all my Rights & Title to the within Leases unto the Zion Rector Church Wardens & Vestry of the incorporated ^ Church as witness my Hand June 12 th 1777. Baltes Pickle Witness Harmon Roelufson [Beginning of front side of second sheet] the Same More or Less Together with all and Singular the Said Lot Number One with all the Improvements profits and Priviledges thereof or aney ways appertaining there unto To Have and To Hold the Said Lot Number One as above Discribed unto the Said James Cole his Heirs and assigns form the Day of the Date hereof for and Dureing One Hundred and three years To befully Compleat and Ended he his Heirs and Assigns Yielding and Paying there for Yearly and Every Year the Just and full Sum of 2
of may Fifteen Shilings money According to Queen Anns pro=clamation on the First Day ^ in Every of the afforesaid years unto the Said Ralph Smith his Heirs and assigns the First Payment of the AfforSaid Yearly Rent Shall be Made on the First Day of May which will be in the Year one thousand Seven Hundred and Sixty Two And at the Expiration of the Said Term of One Hundred and three Years the Said Land and Improvements thereon Shall be Impartially Estimated Communibus Annes by four Judicious Impartail men Two to be Chosen by the Heirs Executors or assigns of the Said Ralph Smith and Two to be Chosen by the Heirs and assigns of the Said James Cole and One Half of the Surplusage Shall be added to the Former Rent and that Together with the Former Rent d. Shall become a New Rent and Shall be Yearly Yilded and pai ^ to the Heirs or assigns of the Said Ralph Smith on the First Day of May in Every Year thereafter for and Dureing the Space of One Hundred and thre Years afforsaid and the Like procedings Shall Be Renewed Every Hundred and three Years there after for Ever And the Said James Cole for him Self his Heirs Executors and Adminestrators and [End of front side of second sheet] ant [Beginning of back side of second sheet] and Assigns: Doth hereby Coven^ Promise and Grant to and with the Said Ralph Smith his Heirs Exec trs : and Assigns that he the Said James Cole and his afforsaids will well and Truely pay to the Said Ralph Smith and his afforsaids Every of the afforsaid Yearly Rents according to the Days and Times appointed for payment there of and if it Shall So happen that any of the Said Yearly Rent Shall be behind and unpaid by the Space of thirty Days after the Day Whereon the Same Ought to be paid that then it Shall and May be Lawfull to and for the Said Ralph Smith and his afforsaids to Enter into the Said Discribed Lot of Land and all the Buildings thereon Errected or to be Errected and to Distrain for the Said Rent and Arrearages thereof and the Distress then and there Taken to Impound and Impounded to Detain and Keepe by the Space of Five Days and if the Said Rent and arrearages are Not paid then to Sell the Said Distress to the h hig^st Bider at Publick Vendue and after the S d Rents and arrearages and all Charges are paid to Return the Overplush if any be But if it Shall[?] So Happen that no Distress Can be found and Taken on the Hereby Granted Premises to pay the Said Rents and Arrearages thereof Then it Shall and may be Lawfull (without any Farther Process in the Law) for the Said Ralph Smith his Heirs or Assigns to to Reenter the Hereby Granted Premises and Every Part there of And the Same to Have again Repossess and Enjou as their Former Estate and Title any thing herein to the Contrary Notwith=Standing and the Said James Cole his heirs and assigns utterly to Expell and amove thereout and the Said Ralph Smith for himself and his afforsaids _Doth [End of back side of second sheet] [Beginning of front side of third sheet] Doth Covenant Grant and agree to and with the Said James Cole and his afforsaids that if the Said James Cole and his afforsaids Shall well and Truly Pay Every of the afforsaid Yearly Rents according to the Days and Times 3
appointed for Payment thereof and Keepe the Severall Covenants and agreements herein before Expressed that then the Said James Cole and his afforsaids Shall and May Have Hold Use and Enjoy the Before Gran ted premises with the appurtenances for Ever without the Let henderances or Mollestation of him the Said Ralph Smith or any Person by from or under him In Witness where of the Parties to these Presents Have here unto Set their Hands and Seals the Day and Year first above written Sealed and Delivered In Presents of us ~ James Cole [signature & seal] William Harris [signature] Wm Willet [signature] [The following entry was added in 1763] I Ralph Smith above mentioned Do hereby Assign Overe the above Lease to John and Tunis Melek in witness to here of I Sign and Seal this the 9 of May 1763 Witness Jn o. [?] Reading [signature] Martin Ryerson [signature] R Smith [signature & seal] [The following entry was added in 1776] I the within named Lessor do hereby Assign Transfer and set over all my right title Interest and of me & to the within Mentioned two Lesses and Contents therein Mentioned unto Baltis Pickle and his Assigns as Witness my hand 24 January: 1776 Godfrey Rinehard [signature] Witness ~ Mich l. VanCourt [signature] [End of front side of third sheet] 4
[Beginning of back side of third sheet] Lot. No 4. Susan Fisher [The above line was added well after the following indenture was signed. John and Susan (Runkle) Fisher bought the property in 1822, John died in 1833, and Susan sold it to her son Jacob in 1853] This Indenture made the First Day of May in the Year of Our Lord One thousand Seven Hundred and Fifty Nine Between Ralph Smith of Mont Lebanon in the County of Hunterdon and Province of New Jersey of the One Part And Andrew Shendler of the Township of Tewksbury in Said County of the Other Part Witnesseth that the Said Ralph Smith for and in Consideration of the Payment of Severall Yearly Rents Several hereinafter Reserved and Keepeing the ^ Covenants herein after Expressed which on the Part and behalf of the Said Andrew his Heirs and assigns Are and Aught to be of [?] [?] Observed Performed and Kept Hath Granted Bargained Sold Aliened and Conveyed and Confirmed and by these Presents Doth Grant bargain Sell Alien Convey and Confirm unto the Said Andrew Studler his Heirs and Assigns for Ever all the Lot or Tract of Land Lying and being at Smith Field in the Township of Tewksbury in the County afforsaid And is Butted and Bounded as Followeth that is to Say Begining at the Corner of Lot Number three on the South Side of King Street thence allong the Said Street Easterly Four Rods or Sixty Six Feet To the Corner of N Five thence Extends Southerly on a Line Parralel with the Other Lots ten Rods thence in a Line Paralel with the Said Street to the mentioned Corner of N: o three thence along the Same to the First ^ Corner Containing One Quarter of an Acre Together with all and Singular the Land and Premises withall the Priviledges and appurtenances What So thereunto belonging or any ways appertaining To Have and To Hold the Said Land and Premises with Ever of the appurtenences unto the Said Andrew Shendler his heirs For Ever Yielding and Paying therefor unto the Said Ralph Smith the Yearly Rent of Fifteen Shillings Procklemation Mony on the First Day of May in Every Year Forand Dureing the Just and Full Term of One Hundred Years the First payment of which Said Yearly Rent Shall be made on the First Day of May [End of back side of third sheet] [Beginning of front side of fourth sheet] may which will be in the Year of Our Lord one thousand Seven Hundred and Sixty And at the Expiration of One Hundred Yeare the Said Land and Improvements Shall be Judically valued by Four Judicious Impartail men Two to be Chosen by the Heirs or assigns of the Said Ralph Smith and Two by the Heirs or Executors of the Said Andre as Shendler yearly and whatever the Same Shall Excede the former ^ Rent of fifteen Shilings One Moiety 5
that Together with the Former Rent there of Shall be aded to the former Rent and Shall Become a New Rent and ^ Shall be Yearly Yielded and Paid on the First Day of May in Every Year thereafter for Ever by the Heirs or assigns of the Said Andrew Sheudler to the Heirs and Executors of the Said Ralph Smith but if any of the Said Yearly Rents Shall be Behind & unpaid by the Space of Twenty Days after the Day whereon the Same ought to have ben Paid then it Shall and may be Lawfull for the Said Ralph Smith his Heirs or Assigns into the Said Land and Premises to Enter and Distrain for the Said Rent and arrearages thereof and the Disstress and Distresses then and there Taken to Impound and Keepe by the Space of Five Days and if the Said Rent are not paid with Reasonable Cost and Charges thereon within the Said Space of five Days then to Sell the Said Distres for the best price that Can be Got for the Same and after the payment of the Said Rent and Charges to Return the Overplush But if it Shall So Happen that the Said ~ Yearly Rent Shall be Behind and unpaid by the Space of One whole Year and No Distress to be found and Taken on the Hereby Granted ges Premisses to Pay and Satisfie the Said Rent and arreara^ there of that then it Shall and may be Lawfull for the Said Ralph Smith his Heirs and assigns into the Hereby Granted premises and Into the Building thereon Errected or to be Errected to Re=Enter and the Same to have again Repossess and Enjoy on his and their former Estate and a title any thing Herein Cont=tained to the Contr^ry not with Standing And the Said Andrew Shendler Doth hereby Covenent and for himself and his Heirs & assigns Grant and agree to and with the Said Ralph Smith his Heirs and assigns that he the Said Andrew Sheudler his Heirs and assigns will well and Truely Pay Every of the afforsaid Yearly Rent according to the Days and Times appointed for Payment there of and the Said Ralph Smith for himself and [End of front side of fourth sheet] [Beginning of back side of fourth sheet] -And his Executors adminestrators and assigns Do hereby Covenant Grant and agree to ler and with the Said Andrew Shend^ that he the Said Andrew his Heirs and assigns Paying Every of the Said Yearly Rents according to the Days and Times apointed for payment thereof Shall and May from Time to Time Have Hold use and Enjoy the Said Granted Hereby ^ Premises without the Let Suit Trouble Henderance or Denial of the Said Ralph Smith & his afforsaids And the Said Ralph Smith and his afforsaids will werreat and forever Defend him in the Quiet and Peaceable possesion thereof against the Said Ralph Smith his Heirs and assigns for Ever in Witness where of the Parties to these Indentures have Interchangeably Set their Hands and Seals the Day and Year first above written Sealed and Delivered In Presence of Henry Smith [Signature] Elisabeth Smith [Signature] Andreas Schandler [Signature & Seal] 6
[The following entry was not dated but is believed to have been added at the same time as the Lot No. 1 transaction, May, 1763] the above I Assign^ Over to John and Tunis Melek Ralph Smith [Signature] Witness Jn o.[?] Reading Martin Ryerson [The following list of Ralph Smith s children was crossed out on the original, presumably prior to the May, 1763 transfer of the two leaseholds to John and Tunis Meleck. His wife s maiden name was Huldah Buchanan, who he married July 13, 1721 in Boston. The transcription is based upon the original and outside genealogy database research] Born in Boston Removed to this Province in may 1734 ~~ these Born in New Jersay The Births of the Children which[?] [??????????????????????] [????????????????????????] 1 Henry Born the 16 of October 1722 Died in October [?] 1728 of [????] buryed at the East End of the Old English Church Boston 2 John Born the 28 of Feb 1725 3 Thomas Born the 8 th of Feb 1727 4 Huldah Born the 23 rd of Octo 1729 5 Henry Born the 26 th of Sept 1731 [0?] 6 Buchanan Born the 24 of May 1731 7 Ralph Born Feb the 23 rd 1734 8 Samuell Born the 25 Sept 1736 Died 9 Decembr 1753 of Fever 9 Sarah Born the 25 July 1738 Died 8 th March 1759 of a Consumtion [?] 10 Elizabeth Born 26 th of Nov 1739 11 Mary Born 23 of February 1741 12 Hannah Born the 28 of June 1745 13 Nathaniel Born the 26 Novem 1746 Died 28 th July 1759 Of a [????????] 7
[The following left entry was apparently added May 1, 1772. The vertical right entry was apparently the two-lot leasehold document title made on the outside after it had been folded, probably in 1763] I the within named Lessor do hereby Assign Transfer and set over all my right Title Interest and of one and to the within mentioned leases and Contents therein mentioned unto Godfrey Rynhart and his Assigns Witness my hand this 1 Day of May 1772 Witness Mich. l VanCourt [Signature] Tunis Melick [Signature/Seal] Valentine Hamm[?] [Signature] South Side 2 Lots James Cole N o :1 1761 Andrew Shendler No. 4. 176[5?]9 [End of back side of fourth sheet] [Transcribed by Bonnie Summer and Margaret Griggs July, 2012] - Courtesy of Zion Lutheran Church, Oldwick, New Jersey 8