Johannes Dillenbach, also known as John Dillenback, was the third great-grandfather of my grandfather, Charles Canfield. In this document from the Jefferson County probate records, John is transferring his farm and property to his son, Solomon, with the understanding that Solomon will provide a certain level of care to John and his wife for as long as they live.
I transcribed the original record; note that punctuation was completely missing!
This indenture made the seventh day of November one thousand eight hundred and thirty five between John B. Dillenback of the town of Orleans in the county of Jefferson and State of New York of the first part and Solomon Dillenback his son of the same place of second part Witnesseth that the party of the first part in consideration & on the conditions of the performance of the covenants of the party of the second part hereafter set forth has conveyed transferred released assigned and made over and by these presents does convey transfer release assign and make to the party of the second part his heirs assigns & Legal representatives forever all the estate of the party of the first part Real and personal in Law and equity and consisting of his interest in the farm which he now occupies containing one hundred and twelve acres of land or thereabouts situate in the town of Orleans aforesaid & particularly described in a contract of sales thereof by William Martin Delano D Calvin & Joseph Webb to the party of the first part bearing date the nineteenth day of November one thousand eight hundred and thirty four under which he holds with all the rights and subject to the provisions of the said contract assurance being thereunto had and also all his stock and other personal property with the exception & reservations hereafter mentioned excepting and reserving all the household furniture of the party of the first part the use of a good riding horse of the party of the first part also the use of two good cows of the said party of the first part and of ten good sheep and their wool also two hogs full grown well fatted every year the right for the party of the first part and his wife to live in any dwelling house upon the premises or that the party of the Second part shall own or occupy in a manner suitable and comfortable for them the party of the first part and his wife during their life and that of the survivor of them and the uses and enjoyment of all the domestic rights privileges & conveyances nessary & suitable for them or the survivor of them a good suitable and ample support maintenance and sustenance for the party of the first part and his wife during their life and that of the survivor of them in respect to all other matters and things than the use of cows sheep and hogs above provided for and hereafter mentioned and the party of the second part in consideration of the premises does for himself his heirs and assigns legal representatives covenant promise and agree to and with the party of the first part and his legal representatives to take upon himself the performance of and to fulfill the said contract of the said land on the party of the first part to be performed and fulfilled to pay the party of the first part during his life and to his wife if she survives him during her life thereafter ten dollars per annum to be paid on the first day of March of each and every year to provide and keep for the party of the first part and such survivor as aforesaid of the same shall be wanted a good riding horse two good milch cows and to furnish and fatten for the party of the first part annually during the same term two good full grown hogs well fatted for pork and at the suitable season in each year to kill dress and put up the same pork for the party of the first part and also during the life of the party of the first part his wife & the survivor of them to keep for him ten good sheep and to furnish them with the wool of the same to furnish and provide for the party of the first part or him or his wife and the survivor such dwelling place as is above mentioned and respect to all these matters and things than the particular provisions above enumerated and the exceptions above made to support and maintain them well comfortable and faithfully in sickness and health with all the necessary comforts and conveniences of life and with all the care and attention due to them from the party of the second part in their relative situation. It is also provided that the party of the first part and his wife shall faithfully observe towards the party of the second part all those duties which the relative situation of the parties that created by this indenture justly involves or requires it is also understood that the covenants of the party of the second part above mentioned are a condition precedent so far as that any wilfull and essential violation thereof or of any part thereof shall work a forfeiture of the grant of the party of the first part and restore the parties to their previous rights and situation so far as it may be done consistent with rights which may then have been acquired.
In witness whereof the said parties have hereunto set their hands and seals the day and year first above written.
John B Dillenback his mark
Solomon Dillenback
Executed in presence of Wm. Dillenback
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| The last page of the agreement. I used Photoshop to darken the images as they were too light to read otherwise. |
SOURCE: Digital images retrieved from FamilySearch.org, transcribed by C. Hernandez, July 15, 2013. Path to records online as of July 15, 2013:
Family Search> Historical Record Collections >New York> New York Probate Records, 1629-1971 > Jefferson > Estate Papers 1805-1900 Box D 17-19, case 232-277, Images 49-57.
https://www.familysearch.org/search/collection/1920234
John Dillenbach's case is Box D-17, Case 234.
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