Ann Fell } 1 Sep 1768
to } Lease of Lots No 87. 88 & 89 on Fells Point
George Patten }
THIS INDENTURE made the first day of September in the Year of our Lord One
Thousand Seven Hundred and Sixty eight
BETWEEN Ann Fell of Baltimore County in the Province of Maryland Widow and Executrix
of the last Will and Testament of Edward Fell (her Husband) late of the same County
deceased and natural Guardian of William Fell an Infant the Son of the said Edward and Ann
Fell of the one Part and George Patten of Baltimore Town in the County aforesaid Merchant
of the other part
WHEREAS the said Edward Fell by his last Will and Testament duly executed proved &
recorded amongst other things authorize & impower his beloved Wife Ann to lease such parts
of the Lots on fell['s] prospect as should fall to the Share of his said Son to such
Persons as might apply for the same under such Restrictions and Indulgences as theretofore
had been made out to Persons taking lotts upon Lease the payment of the Rents of which
Lotts so made lease of should be to his said Son or his Representatives and that his said
Wife should have and possess in her own Right all the Rents and Profits arising on his
Son's Part of his Estate untill he should arrive to the the full Age of Twenty one Years as
by the said Will when Relation is thereunto had will more fully and plainly appear.
NOW THIS INDENTURE WITNESSETH that the said Ann Fell in pursuance of and under the
Power in the said recited Will to her given for and in Consideration of the Rents Covenants
and Agreements hereinafter mentioned on the part of the said George Patten his Executors
and Assigns to be done paid kept and performed Hath demised granted and to farm let and by
these presents Doth demise grant & to farm let unto the said George Patten
ALL those three Lotts of Ground distinguished in the Platt of the Town lately laid
out on fells Point by the Numbers of Eighty-seven Eighty-eight and Eighty-nine beginning
for the same at a Stake standing at the Corner of Lot Number Eighty-six on Woolf Street and
running and bounding on Woolf Street North One Hundred and Eighty Feet to the Corner of Lot
Number Ninety then running and bounding on Lot Number Ninety East to the Water then running
and bounding on the Water South to Lot Number Eighty-six to the Place of beginning
containing one Quarter of an Acre more or less together with all Ways Passages Improvements
Easements Priviledges and Appurtenances whatsoever to the said demised Premises belonging
or in any wise appertaining.
TO HAVE AND TO HOLD the said three Lots or parcels of Ground with the Appurtenances
to the demised Premises belonging unto the said George Patten his Executors Administrators
and Assigns from the Day next before the day of the date of these Presents for and during
and untill the full End and Term of Ninety-nine Years from thence next ensuing and fully to
be compleat & ended
YIELDING and paying therefore yearly and every Year during the said Term unto the
said William Fell the Son his Heirs and Assigns upon the first Day of September yearly the
Sum of Four Pound ten Shillings Sterling Money of Great Britain
AND the said Ann Fell for herself her Heirs Executors and Administrators and also
for the said William Fell his Heirs and Assigns as hereby covenant promise grant and agree
to and with the said George Patten his Executors Administrators and Assigns in manner and
form following that is to say that he the said George Patten his Executors Administrators
and Assigns the said said demised Premises with the Appurtenances for and during the
aforesaid Term of Ninety-nine Years shall & may peaceably and quietly have hold occupy
possess and enjoy for and under the payment of the Yearly Rent and Performance of the
Covenants Provisos & Conditions herein mentioned on the part of the said George Patten his
Executors Administrators & Assigns to be paid kept done and performed from and against the
said William Fell the Son his Heirs Executors Administrators & Assigns and all persons
claiming or to claim by from or under him them or any of them or by from or under the said
Edward Fell the Father or any other person or persons whatsoever
AND the said William Fell the Son his Heirs & Assigns shall and will at the End &
Expiration of the aforesaid Term of Ninety-nine Years upon the Request and at the proper
Costs and Charges of the aforesaid George Patten his Executors Administrators & Assigns and
deliver and in due form of Law execute & fully perfect one other Lease and Demise of the
hereby demised Premises unto the said George Patten his Executors Administrators and
Assigns for the Term of Ninety-nine Years under the like Rents Covenants and Agreements as
are herein mentioned and at the End and Expiration of the said last mentioned Term shall
also lease and demise the said demised Premises for other Ninety-nine Years under the like
Rents Covenants and Agreements and so from time to time shall make such Renewments as
aforesaid forever.
HE the said George Patten his Executors Administrators & Assigns paying or tendering
unto the said William Fell his Heirs or Assigns at the time of his the said George Patten
his Executors Administrators or Assigns requesting any & every such Renewment of the said
Lease or Demise as aforesaid as well the Sum of Four Pounds ten Shillings Sterling as a
fine for such Renewment as also all or any Rents that shall or may at the time of such
Request be due and payable on this or any future Lease or Leases of the said demised
Premises
AND the aforesaid George Patten for himself his Heirs Executors Administrators &
Assigns doth hereby covenant promise grant & agree to and with the said Ann Fell her
Executors Administrators & Assigns in manner and form following that is to say that he the
said George Patten his Executors Administrators & Assigns or some of them shall and will
from time to time and at all times hereafter well & truly pay or caus[e] to be paid unto
the said William Fell the Son his Heirs or Assigns or such Person or Persons as shall be
authorized to receive the same to his & their Use the said yearly Rent at the aforesaid
time herein before appointed for Payment thereof
AND that it shall and may be lawful for the said Ann Fell during the Minority of the
said William Fell and then for the said William Fell his Heirs & Assigns to distrain in and
upon any part of the said demised Premises for the Rent aforesaid upon nonpayment thereof
AND the said George Patten doth further covenant promise grant and agree that he the
said George Patten his Executors Administrators or Assigns shall and will within the Space
of two Years from the Commencement of the Demise hereby made at his and their own proper
Costs and Charges build erect or make such Houses Buildings Warfs [sic] or Improvements on
the demised Premises and so keep the same as shall be sufficient to secure the Payment of
the said yearly Rent of Four Pounds ten Shillings Sterling
AND it is further covenanted granted promised and agreed upon by and between the
said Parties to these presents for themselves their Heirs Executors Administrators and
Assigns respectively that the said Houses Buildings Warfs and Improvements shall not be so
built & made within the two Years herein before mentioned that then the said George Patten
his Heirs Executors Administrators or Assigns upon his or their tendering the Sum of Four
Pounds ten Shillings Sterling to the said William Fell his Heirs or Assigns within one
Month next after the Expiration of the said two Years shall & may have two years more
comencing [sic] from the Expiration of the first mentioned two Years for the erecting
building and making the said Houses Buildings Warfs or Improvements
BUT if default shall be made in the building erecting or making such Houses
Buildings Warfs or Improvements within the two first Years limited for doing or making the
same and also in the Payment of the said Sum of Four Pounds ten Shillings Sterling Money
within the said Term of one Month next after the Expiration thereof or that after such last
mentioned payment of the said Sum of Money there shall happen to be a default in the
erecting building or making such Houses [Buildings] Warfs or Improvements and keeping in
Repair as aforesaid within the two years last mentioned and limitted for the Performance
thereof and so from time to time during ye Continuance of this Demise or if Default be made
in the Payment of any one years Rent for ye Space of Six Months after being due that then
it shall and may be lawful upon any such Default as aforesaid contrary to the true intent
and meaning of these Presents for the said William Fell his Heirs and Assigns into the said
demised Premises or into any part or parcel thereof in the Name of the whole to enter and
the same and every part thereof again to possess hold and enjoy as in his former Estate and
thereupon the Deed of Demise shall cease determine and be null & void
IN WITNESS WHEREOF the said Parties to these presents have hereunto interchangeably
set their Hands & Seals the Day and Year first above written.
Sealed and delivered }
in the Presence of us } Ann Fell {Seal} George Patton {Seal}
The words (for) in the eighth Line (and by these presents doth demise grant & to farm let)
in the ninth Line (said)(and) in the Sixteenth Line (Sterling) in the thirty-sixth Line
being first interlined # # # # #
Benjamin Rogers & Jona. Plowman
On the 17th Day of Feb. in the Year of our Lord One thousand seven Hundred and Sixty
eight Before us the Subscribers two of his Lordship's Justices of the Peace for the County
of Baltimore Came Ann Fell and George Patten the Parties within named who severally
acknowledged the within Instrument of Writing to be their respective Act and Deed according
to the true intent and meaning of the same Witness our Hands
Benjamin Rogers & Jona. Plowman
Recorded this 27th Day of February 1769 and examined by
A. Lawson Ct.