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Title
Land deed, Nathaniel and Phoebe Hawxhurst to Balthazar Fleury, 1818

Collection Number
SC 449 item 94

OCLC Number
1433324412

Named Persons
Hawxhurst, Nathaniel (1756-1847)
Hawxhurst, Phoebe (1775-1836)
Fleury or Floury, Balthazar (1775-1830)
Seaman, William (Master in Chancery) (unknown-1832)

Provenance 
Gift of Anne Ryder in 2012 to Special Collections, Stony Brook University Libraries. This item is part of the William Allen Skidmore and David William Skidmore Collection (document 94).

Extent, Scope, and Content Note 
Physical description: 1 leaf; 44cm x 55cm; wax sealed land indenture/deed written in fountain pen on both sides.
Date: signed February 9, 1818; signed February 12, 1818

Abstract: This is a land indenture/deed details a purchase of a parcel of land between Pearl Street and Dover Street in New York City. The purchaser, Balthazar Fleury or Floury, gave eight-thousand five hundred dollars to Nathaniel Hawxhurst and his wife, Phoebe Hawxhurst. The land indenture/deed was signed and recorded by William Seaman, Master in Chancery of New York City, and recorded in the Slocum Register.

Arrangement and Processing Note
Processed by Charles Mercurio, intern, Special Collections and University Archives, Stony Brook University, with Kristen J. Nyitray in March 2024.

Language
English      

Restrictions on Access
The collection is open to researchers without restriction.

Rights and Permissions 
Stony Brook University Libraries' consent to access as the physical owner of the collection does not address copyright issues that may affect publication rights. It is the sole responsibility of the user of Special Collections and University Archives materials to investigate the copyright status of any given work and to seek and obtain permission where needed prior to publication.

Citation
Land deed, Nathaniel and Phoebe Hawxhurst to Balthazar Fleury, 1818, Special Collections and University Archives, Stony Brook University Libraries.

Historical Note    
This document is an indenture, though not in the servitude sense. Specifically, this document represents a real estate transaction between Nathaniel Hawxhurst and Phoebe Hawxhurst, and Balthazar Fleury or Floury. Indentures of this type were common during the late eighteenth and nineteenth centuries as traditional indentures and immigration reduced in the aftermath of the American Revolutionary War.

Nathaniel Hawxhurst was a well-known watchmaker in the New York area that worked in the industry between the years 1780 and 1801. Much of his work still survives today. During his time in New York, Nathaniel Hawxhurst was responsible for donating (along with his neighbors) an engine and engine house to the New York City Fire Department, which he then served as a volunteer on. At some point after 1836, Nathaniel Hawxhurst moved from his home on Queens Street to New Jersey, where he would spend the remainder of his life. Phoebe, his wife since 1794, died the very same year.

William Seaman, the Master in Chancery that confirmed and witnessed the indenture, has relatively little information about him in accessible documentation; an unusual case for such a high profile figure. It is likely that he had been a part of a law firm with one Thomas Wills prior to his appointment to the role of a Master in Chancery of New York, but even that is shrouded in uncertainty. What is known about him is that between the years 1817 and 1818, William Seaman was named Master in Chancery on at least two documents: this indenture, and an extract from a newspaper where he announced another, separate real estate transaction one year prior on February 18, 1817.

Sources

Entry for Nathaniel Hawxhurst (About 1756-1847), FamilySearch, accessed March 2024.
https://ancestors.familysearch.org/en/KL1Q-7G6/nathaniel-hawxhurst-1756-1847

Entry for Hawxhurst Pocket Watch, ColonialWatches.com, accessed March 2024.
https://www.colonialwatches.com/american-pocket-watches/federal-period-watches/nathaniel-hawxhurst

"The Story of New York Firefighting into the new Century 1783-1819," Saving New York: New York Firefighting & The American Revolution, accessed March 2024.
https://www.savingny.com/story-firefighting2.html

"In Chancery," The Evening Post, February 26, 1817, p. 4.
https://www.newspapers.com/article/the-evening-post-in-chancery-nicholas/125799/

"Hon. James Maurice," The Juniper Berry, September 2006 (excerpted from History of Queens County, New York, W.W. Munsell & Company, 1882). 
https://junipercivic.com/juniper-berry/article/hon-james-maurice

Subjects
TBD

TRANSCRIPTION

Page 1

This Indenture, Made the Ninth – day of February – in the year of our Lord one thousand eight hundred and eighteen. – Between Nathaniel Hawxhurst. of the city of New York. in the State of New York. Gentleman. and Phoebe his Wife. of the first part, and Balthazer Floury. of the said City. Grocer – of the second part witnesseth, That the said parties –  of the first part, for and in consideration of the sum of Eight thousand five hundred Dollars – lawful money of the United States of America, to them in hand paid, at or before the ensealing and delivery of these presents, by the said party - of the second part, the receipt whereof is hereby acknowledged, and the said party -  of the second part, his - heirs, executors, and ad-ministrators, forever released and discharged from the same by these present, have granted, bargained, sold, released, enfeoffed, conveyed and confirmed; and by these presents Do – grant, bargain, sell, release, enfeoff, convey and confirm unto the said party – of the second part, and to his heirs and assigns, in fee simple, forever, all that contain Lot of parcel of Ground (with the Buildings and Improvements thereon) situate lying and being in the Fourth (formerly fifth) Ward of the City of New York. being the corner of Pearl Street and Dover Street. and is bounded Westwardly on Pearl Street aforesaid. Northwardly on Dover Street. Eastwardly by Ground now on formerly belonging to the Estate of Helena Kip deceased. and Southwardly by Ground now on late belonging to the Estate of Frederick Devoe deceased. Containing in breadth on Pearl Street. twenty seven feet ten inches. And on the Easterly end also twenty seven feet. ten inches. and in length on Dover Street aforesaid and also on the opposite side ninety four feet. being the same premises which were conveyed to the said Nathaniel Hawxhurst by James H. Kip. William Linn, Cornelius Hyer and Lynda Catlin Executors of the last Will and Testament of the said Helena Kip deceased in and by a certain Deed bearing date the 24th February 1801, as by the said Deed on the Record thereof, in the Office of Clerk of the City and County of New York. in liber 73 of Conveyances on page 495 will fully appear.

Together with all and singular the appurtenances, privileges, advantages and hereditaments whatsoever unto the said above mentioned and described premises, in any wis appertaining or belonging; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof: And also, all the estate, right, title, interest, dower. ? property, claim and demanded whatsoever, as well in law as in equity, of the said parties of the first part, of, in or to the same, and every part and parcel thereof, with the appurtenances: To have and to hold the above granted, bargained, and described premises, with the appurtenances, unto the said Balthazer Floury – the party of the second part, his heirs and assigns, to the only proper use and behoof of the said party of the second part, his heirs and assigns forever. –

And the said Nathaniel Hawxhurst for himself his – heirs, executors and administrators, doth covenant; grant, and agree, to and with the said party of the second part, his heirs and assigns That he the said Nathaniel Hawxhurst – at the time of the sealing and delivery of these presents, is lawfully seized, in his own right, of a good, absolute and indefeasable estate of inheritance in fee simple, of, and in, all and singular the above granted and described premises, with the appurtenances; – and hath good right and lawful authority to grant, bargain, sell and convey the same unto the said party of the second part, his heirs and assigns, in manner and form as herein written; And that the said party of the part, his heirs and assigns, shall and may, at all times hereafter, peaceably and quietly, have, hold, occupy and enjoy, the above granted premises, and every part thereof, with the appurtenances, without any lett, trouble, molestation, eviction, or disturbance of the said parties of the first part, their heirs or assigns, or of any other person or persons whomsoever and that free, clear, discharged and unencumbered, of and from all former and other titles, charges, estates and incumbrances of what nature or kind soever. –

And also, That the said Nathaniel Hawxhurst – and his heirs, and all and every other person or persons whomsoever, lawfully or equitably deriving any estate, right, title, or interest, of, in, or to the hereby granted premises, by, from, under, or in trust for him or them shall and will, at any time or times hereafter, upon the reasonable request, and at the proper costs and charges, in the law, of the said party of the second part, his heirs and assigns make, do, and execute, or cause or procure to be made, done and executed, all and every such further and other lawful and reasonable conveyances and assurances in the law, for the better and more effectually vesting and confirmed the premises hereby intended to be granted, in and to the said party of the second part, his heirs and assigns forever, as by the said party of the second part, his heirs or assigns, or his or their counsel, learned in the law, shall be reasonable devised, advised or required: nd also, That the said Nathaniel Hawxhurst – and his heirs, the above described and hereby granted premises, with the appurtenances, unto the said party of the second part, his heirs and assigns, against the said parties of the first part and their heirs and against all persons whomsoever, – shall and will WARRANT and by these presents forever DEFEND. –

In Witness whereof, the parties to these presents have hereunto interchangeably set their hands and seals, the day and year first above written.

Sealed and Delivered in the presence of, W. Seaman

Nathaniel Hawxhurst

Phoebe Hawxhurst

Page 2

State of New Yorkss: I certify that on this 11th day of February 1818. Before me personally appeared Nathaniel Hawxhurst and Phebe his wife to me known to be the same persons described in and who have executed the written Deed, and they – severally acknowledged that they had executed the same - and the said Phebe being by me examined privately & apart from her husband and acknowledged that she has executed the said deed, freely without any fear or compulsion of her said husband - wherefore I allow it be recorded -

William Seaman

Master in Chancery

Recorded in the office of Register in and for the City and County of New York in liber no 126 of conveyances on page 105 this 12th day of February 1818 at ½ past 2 o’clock pm

Examined by W of Slocum Register

Page 3

February 12th 1818 at ½ past 2 PM

Nathaniel Hawxhurst & Wife to Balthazer Floury –

Deeds