Land Transfer from Joseph Heath to Son John Hawley heath, May 27, 1873

This Indenture, Made the 27th day of May in the year of our Lord one thousand eight hundred and Seventy Three Between Joseph Heath of the Town of German Flatts County of Herkimer and State of New York party of the first part and John H. Heath of the same Town, County and State party of the second part, Witnesseth, That the said party of the first part, for and in consideration of the sum of Three Thousand Dollars (and of natural love & affection) to him in hand paid, by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, remised, released, aliened and confirmed: and by these presents, does grant, bargain, sell, remise, alien and confirm unto the said party of the second part, in his actual possession now being, and to his heirs and assigns forever, All that certain piece or parcel of land situate[d] in the Town of German Flatts aforesaid and known as the homestead farm of said Joseph Heath and is bounded and described as follows. On the North by lands of John P. Bellinger, Lucius Bellinger & Christian Shoemaker, on the East by lands of James T. Shoemaker, John H. Heath & John S. Shoemaker, on the South by lands of John Shoemaker, and on the West by lands of Nicholas Christman and containing one hundred acres of land be the same more or less and is on the same premises purchased by said Joseph Heath of Aaron Cronkhite & wife by dead bearing date May 8th 1819 and recorded in Herkimer County Clerk's Office in Book No. 14 of Deeds pages 637 & 638 to which said Deed or the record thereof reference is hereby made for a more definite description of the premises hereby intended to be conveyed. I expressly except from the operations of this conveyance the burying ground on my said homestead farm as now located and also to extend the same to the public highway – the North & South lines to extend to said public highway leading past my house to the school house and said burying ground so extended as aforesaid shall be used as a burial place for the dead and for no other purpose and said burying ground is not intended to be hereby or herein conveyed. The said party of the first part expressly makes this conveyance subject to his life estate in the lands and premises hereinbefore described and the same & every part thereof is to remain in his use and possession for & during the term of his natural life, and at his decease said party of the second part becomes entitled to said premises absolutely.

Together with all and singular hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said party of the first part, either in law or equity of, in, and to the above bargained premises, with the hereditaments and appurtenances. To Have and to Hold the said above described premises to the said party of the second part, his heirs and assigns, to the sole and only proper use, benefit and behoof of the said party of the second part, his heirs and assigns, forever, subject to the life estate of the said party of the first part therein as aforesaid And the said Joseph Heath party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, promise and agree, to and with the said party of the second part, his heirs and assigns, the above bargained premises, and every part and parcel thereof, in the quiet and peaceable possession of said party of the second part, his heirs and assigns; against all and every person or persons, lawfully claiming or to claim the whole or any part of the said premises, he will forever Warrant and Defend.

In witness Whereof, the said party of the first part, has hereunto set his hand and seal the day and year first above written. [SIGNATURES ETC.]