Glynn County Georgia Deed
Book N pages 607, 608, 609, 610; 13 April 1868
This Indenture made the thirteenth day of April in the year One thousand Eight
hundred and Sixty Eight between the corporation of the Proprietors of the City
of Brunswick. A Corporation duly organized under the laws of the State of
Georgia of the first part and Alfred C. Past of the City, County and
State of New York of the second part. Witnesseth this the party of the
first part for and in consideration of the Sum of Three hundred and Seventy four
dollars lawful money of the United States of America to them in hand paid by the
said party of the Second part at and before the Sealing and delivery of these
presents the receipt whereof is hereby acknowledged has granted, bargained,
sold, and conveyed and by these presents doth grant, bargain, sell and convey
unto the Said party of the second part, his heirs and assigns all those certain
parcels or lots of land situate lying and being in the Old town of Brunswick,
County of Glynn, State of Georgia, being known and numbered on Baldwin's
map of Brunswick 1807, lots numbers Sixty six (66) and Sixty Seven (67).
To have and
to hold all and Singular the above mentioned and described premises unto the
said party of the second part, his heir and assigns together with all the
tenements, hereditaments, and appurtenances or thereunto in any manner belonging
to him and for his own and proper use, benefit, and behalf forever in fee simple
and the said party of the first part, its successors and assigns the said
bargained premises unto the said party of the second part, his heirs and assigns
will warrant and forever defend the right and title thereof against himself and
against the claims of other persons. In witness whereof the said party of
the first part has caused its Corporate Seal to be hereunto affixed and these
presents to be signed by its President and Secretary the day and year first
above written.
Signed, Sealed and
delivered in presence of
Austin Stevens
Jeremiah Milbank, President of The Proprietors of the City of
Brunswick
As to Geo. W.
Able
Jas. Milbank
Geo. W. Able, Secretary of the Proprietors of the City of Brunswick
As to J. Milbank
State of New York }
City and County of New York }
Be it remembered that on the thirteenth day of April 1886 before Mr. Joseph
B.F. Grady, a commissioner in the City of New York duly commissioned and
qualified by the Executor authority and under the law of the State of Georgia to
take acknowledgements of Deed + to be used on record therein personally appeared
Jeremiah Milbank the President of the Proprietors of the City of
the Brunswick and Geo. W. Able, the Secretary of the same company
to me respectively known who being by me duly sworn did depose and say that they
reside in the City, County and State of New York, that he the said Jeremiah
Milbank is the President and he the said Geo. W. Able is the
Secretary of the Said Company that they know the Corporate Seal of the Said
Company that the Seal affixed to he within Instrument is such Corporate Seal
that it was so affixed by order of the Board of Directors of Said Company and
that they generally signed their names thereto by the like order as President
and Secretary thereof and the said Jeremiah Milbank and
Geo. W. Able also generally acknowledged to me that they had executed the
said Instrument freely and Voluntarily and as the act and deed of the said.
The Proprietors of the City of Brunswick and for the use and purpose mentioned.
In witness
whereof I have hereunto set my affixed seal this thirteenth day of April
Eighteen hundred and sixty eight,
Jos. B.F. Grady A
comm. of deeds for Georgia
Recorded this 4th
day of May 1868
Edgar C.P. Dart Clerk
This Indenture made the thirteenth day of April in the year One Thousand Eight
hundred and Sixty Eight between the Corporation of the Proprietors of the City
of Brunswick, a Corporation duly organized under the law of State of Georgia of
the first part and Jeremiah Milbank of the second part.
Witnesseth that the party of the first part for and in Consideration of the sum
of Eighteen hundred and fifty dollars lawful money of the United States of
America to them in hand paid by the said party of the second part and before the
Sealing and delivery of these presents. the receipt whereof is hereby
acknowledged has granted, bargained, Sold and Conveyed and by these presents
doth grant, bargain, Sell and Convey unto the said part of the second part his
heirs and assigns all those certain parcels or lots of land situate lying and
being in the Old Town of Brunswick, County of Glynn State of Georgia
being known and numbered on
Baldwin's map of Brunswick 1837 as lots number Seventy Eight (78) one
hundred and fifty six (156) two hundred and thirteen (213) two hundred and
twenty four (224) also all the certain parcels or lots of land Situated lying
and being in the
New Town of Brunswick County of Glynn State of Georgia being known and
numbered on Baldwin's of Brunswick 1837 as lots Number Sixty Six (66)
Sixty Seven (67) Sixty Eight (68) Sixty Nine (69) Seventy (70) Seventy One (71)
One hundred and twenty two (122) One hundred and twenty three (123) One hundred
and twenty four. To have and hold all the above mentioned and described
premises unto the said party of the second part his heirs and assigns together
with all and singular the tenements, hereditaments, and appurtenances there unto
in any manner belonging to him and for his own proper use, benefit and behoof
forever in fee Simple. And the said party of the first part its Successors
and assigns the said bargained premises unto the said party of the second part
his heirs and assigns will warrant and forever defend the rights and title
thereof against itself and against the Claims of all other persons. In
witness whereof the said party of the first part has caused its Corporate Seal
to be hereunto affixed and the presents to be signed by its President and
Secretary day and year first above written.
Signed Sealed and
delivered in presence of
Witness to Signature of Geo. W. Able, Austin Sterns
Joseph Milbank President of the proprietors of the City of
Brunswick
Witness to Signature of Jeremiah Milbank, Jas. Milbank
Geo. W. Able Secretary of the Proprietors of the City of Brunswick.
State of New York }
City and County of New York }
Be it remembered That on the thirteenth day of April 1868 before me, Joseph
B.F. Grady, a Commissioner resident in the City of New York duly
commissioned and qualified by the Executive authority and under the laws of the
State of Georgia to take acknowledgements of Deeds to be used on record therein,
personally appeared Jeremiah Milbank, the President of the
Corporation of the Proprietors “the City of Brunswick” And Geo. W. Able,
the Secretary of the Same Company to me respectively known who bring me duly
sworn did depose and say they reside in the City County and State of New York
that he said Jeremiah Milbank is the President and he said Geo.
W. Able is the Secretary of the Said Company that they know the Corporate
Seal of the Said Company that the Seal affixed to the within Instrument in such
corporate Seal that it was so affixed by order of the Board of Directors of said
Company and that they generally signed their names thereto by the like order as
President and Secretary thereof and the said Jeremiah
Milbank and Geo. W. Able also generally acknowledged to me
that they had executed the said Instrument freely and Voluntarily and as the act
and deed of the said The Proprietors of the City of Brunswick and for the use
and purpose therein mentioned.
In Witness
whereof I have hereunto set my official Seal this thirteenth day of April
Eighteen hundred and Sixty Eight.
Jos. B.F. Grady
A Comm of deed for Georgia
Recorded 4th May 1868 Edgar C.P. Dart Clerk
Glynn County, Georgia Court House Deed Book N
pages 642 & 643
This Indenture made the twenty ninth day of July in the year One Thousand Eight
hundred and sixty eight between the Corporation of “The Proprietors of the City
of Brunswick”, a Corporation duly organized under the laws of the State of
Georgia of the first part and Jeremiah Milbank of the second part,
Witnesseth the parties of the first part for and in Consideration of the sum of
twenty two hundred and Seventy five dollars lawful money of the United States of
America there in hand by its said party of the second part on and before the
sealing and delivery of these presents the receipt whereof is hereby
acknowledged has granted bargained sold and conveyed and does by these presents
grant bargain sell and convey unto the said party of the second part his heirs
and assigns all these certain parcels or lots of land situate lying and being in
the City of Brunswick (Old Town) County of Glynn State of Georgia being known
and numbered on Baldwin's map of Brunswick 1837 as water lot number
twenty (20) and town lots number one hundred and seventy five (175) one hundred
and seventy six (176) Forty five (45) Sixty eight (68) two hundred and thirty
(230) two hundred and eighty (280) and two hundred and eighty one (281).
To have and hold all and singular the above mentioned and described premises
unto the said party of the second part his heirs and assigns together with all
and singular the tenements hereditaments and appurtenances thereunto in any
manner belonging to him with his own proper use benefit and behoof forever in
fee simple and be the said party of the first part the said bargained premises
unto the said party of the second part his heirs and assigns its successors and
assigns will warrant and forever defend the right and title thereof against its
self and against the claims of all other persons.
In witness
whereof the said party of the first part has caused its Corporate seal to be
herewith affixed and there presents to be signed by it President and Secretary
the day and year first above written.
Signed sealed and
delivered in the presence of
Jeremiah Milbank Prest of The Proprietors of the City of Brunswick
Geo. W. Able Secretary of The Proprietors of The City of Brunswick
Jos. B.F. Grady as to Jeremiah Milbank, Austin
Stevens and
Geo. W. Able
State of New York }
City and County of New York }
Be it Remembered that on this the twenty ninth day of July 1868 before Mr.
Joseph B.F. Grady a Commissioner resident in the City of New York duly
Commissioned and qualified by the executive authority and under the laws of the
State of Georgia to take acknowledgements of Deeds to be used on records therein
personally appeared Jeremiah Milbank the President of the
Corporation of “The Proprietors of the City of Brunswick”, and Geo. W. Able
the secretary of the same company to me respectively known who being by me duly
sworn did dispose and say that they reside in the City County and State of New
York that he said Jeremiah
is the President and he said Geo. W. Able is the secretary of the said
Company: That they know the Corporate seal of the said Company that the
seal affixed to the within Instrument is such Corporate seal: that it was so
affixed by the Board of Directors of said Company and that they seminally signed
their names thereto by the like order as President and Secretary thereof; and
the said
Jeremiah Milbank and Geo. W. Able seminally acknowledged to
me that they had executed the said Instrument freely and voluntarily and as the
act and deed of the said “The Proprietors of the City of Brunswick” and for the
use and purposes therein mentioned. In witness whereof I have hereunto set my
official seal this twenty ninth day of July Eighteen hundred and sixty eight.
Jos. B.F. Grady
A Comm. of deeds for Georgia
Recorded 10th August 1868 Edgar C.P. Dart Clerk
Glynn County,
Georgia Court House Deed Book AA pages 225-226; 11 June 1886
This Indenture made the eleventh day of June in the year of our Lord one
thousand eight hundred and eighty six, between Mrs. Elizabeth L. Milbank,
the widow of, and Joseph Milbank, and Mrs. Elizabeth M.
Anderson nee
Milbank, the sole children of Jeremiah Milbank, late of the
City, County and State of New York, deceased, and said widow and children, being
the sole heirs at-law and legatees of said Jeremiah Milbank,
deceased the parties of the first part, and the Oglethorpe Hotel Company of the
City of Brunswick, County of Glynn and State of Georgia, the party of the second
part.
Witnesseth,
that the said parties of the first part for and in consideration of the sum of
Five Dollars, lawful money of the United States of America to them in hand paid
by the party of the second part, at or before the sealing and delivery of the
presents, the receipt whereof is hereby acknowledged, have remised, released and
quit claimed, and by these presents do remise, release and quit claim unto the
said party of the second part, and to their heirs and assigns, forever, all the
right, title and interest, claim and demand of said parties of the first part,
in and to that certain tract, lot or parcel of land situate, lying and being in
the City of Brunswick, County of Glynn and State of Georgia, known and described
on the plan of said City of Brunswick, made by George R Baldwin A.D.
1837, as follows, which form a parallelogram and is bounded on the North by New
Town lots, sixty nine (69), and by a projection of Alley, and New Town lot one
hundred twenty five (125), on the East by A Street, and on the South by F
Street, and on the West by W Street. The property hereby intended to be
conveyed, being known on plan of said City of Brunswick, made by George R.
Baldwin, A.D. 1837, in New Town lots Nos. 62, 63, 64, 65, 66, 67, 68, 118,
119, 120, 121, 122, 123, 124, being a total of fourteen lots (14) Lots.
Together with
all and singular the tenements, hereditaments and appurtenances thereunto,
belonging, or in anywise appertaining, and the revision and revisions, remainder
and remainders, rents, reissues and profits thereof. And, also, all the
estate, right, title, interest, property, possession, claim and demand
whatsoever, as well in Law as in equity, of the said parties of the first part,
of, in, or to the above described premises, and every part and parcel thereof,
with the appurtenances. To have and to hold all and singular the above
mentioned and described, together with the appurtenances unto the said party of
the second part, and assigns forever.
In Witness
Whereof, the said parties of the first part have hereunto set their hands and
seals the day and year above written.
Sealed and delivered in
the presence of
Elizabeth L. Milbank
Jos. Milbank
Elizabeth M. Anderson
G.B. Mead Jr.
Wm R. Rogers
State of New York }
City and County of New York }
This is to certify that I, Jos. B.F. Grady,
a duly qualified commissioner of deeds for the State of Georgia, in the City,
County and State of New York, did see the above mentioned Elizabeth L.
Milbank, Joseph Milbank and
Elizabeth M. Anderson sign the above instrument of writing, and heard
them acknowledge that they executed for the uses and purposes therein expressed
and that the said G.B. Mead Jr. and
Wm. J. Rogers did attest said instrument as subscribing witnesses, in the
presence of Elizabeth L. Milbank, Joseph Milbank,
Elizabeth M. Anderson, and of each other.
In Witness
Whereof, I have hereunto set my hand and affixed my official seal, this the
Eleventh day of June 1886.
Jos. B.F. Grady A
Commissioner for Georgia in New York
Recorded June 24th 1886 E.A. Nelson Clerk SCGC Ga.
Glynn County Georgia Deed
Book AA pages 222, 223, 224; 11 June 1886
State of New York }
County of New York }
This Indenture made and entered into on this
the Eleventh day of June One thousand eight hundred and eighty six by and
between Joseph Milbank of said State County and City, as the solo
qualified Executor of the last will and testament of Jeremiah Milbank,
late of said State County and City, deceased party of the first part, and The
Oglethorpe Hotel Company, a Corporation duly created according to the Laws of
Georgia, by the Supreme Court of Glynn County Georgia during the May Term 1886,
and said corporation having its chief office and carrying on it’s business in
the City of Brunswick, County of Glynn and State of Georgia, party of the second
part.
Witnesseth,
That whereas the first day of June 1884, Jeremiah Milbank departed
this life in the City, County, and State of New York leaving a last will and
testament executed upon the thirty first day of May 1882, in which said Last
Will and testament his wife Elizabeth L. Milbank, and his daughter,
Elizabeth M. Anderson, were each named as Executrix, and his son Joseph
Milbank
was named as Executor, of his late will and testament.
And whereas
afterwards on the sixth day of June 1884, said last will and testament was duly
admitted to probate in the Surrogate’s Court in the State, County and City of
New York and said Joseph Milbank qualified then under as the
Executor (the other two parties named as Executrix not qualifying, as such) the
Original of said last will and testament so probated being filed and recorded in
the Office of the Surrogate, of the County, and State of New York in book 3260
of Wills commencing on page 406.
And whereas
the said last will and testament contained and gave unto the Executor, or
Executrix, who should qualify under said will, full power to sell and dispose of
all the assets and property of said Estate at private sale, in the discretion of
said Executor or Executrix for reinvestment.
And whereas
the said Jeremiah Milbank at and prior to his death was the true
owner of the property hereinafter conveyed, and the party of the first part
desires to sell and convey the same for the purpose of reinvesting the proceeds
of said sale.
Now, under
and by virtue of the power and authority given to the said party of the first
part by the said Last Will and testament and for and in consideration of the sum
of Four Thousand dollars, lawful money of the United States of America to said
party of the first part in hand paid at and before the sealing and delivery of
these presents, the receipt whereof is hereby acknowledged, said party of the
first part has granted, bargained, sold and conveyed, and by these presents,
does grant, bargain, sell and convey unto the said party of the second part, its
successors and assigns forever, all the right, title, and interest of the said
Jeremiah Milbank and of his said Estate, in and to those certain
tracts and parcels of land, situated, lying and being in the City of Brunswick,
County of Glynn, and State of Georgia, numbered and described on the plan of
said City of Brunswick, made by George Baldwin in the year of our
Lord One Thousand eight hundred and thirty seven, as New Town Lots number Sixty
two (62), Sixty three (63), Sixty four (64), Sixty five (65), Sixty six (66),
Sixty seven (67), Sixty eight (68), One hundred and eighteen (118), One hundred
and nineteen (119), One hundred and twenty (120), One hundred and twenty one
(121), One hundred and twenty two (122), One hundred and twenty three (123), and
One hundred and twenty four (124), as well as the tract of land containing forty
five (45) by One hundred and twenty feet (120) lying and being bounded on the
North by said Lot number 122, on the East by said lots numbers 118, 119, 120,
and 121, and on the South by F Street, and on the West by said New Town Lots
numbers 62, 63, 64, and 65, as well as all the right, title and interest of the
said party of the first part, in and to that strip of land, marked on said
Baldwin’s map as an alley between New Town Lots 65, 66, 67 and 68 on the
West, and 122, 123 and 124, and a part of said tract 45 feet by 120 feet on the
East, and by said Lot 64 on the South, which Alley has never in fact been
opened, nor used for or by the public, the intention of this being to convey the
right, title and interest of said party of the first part as such Executor, and
his decedent in and to the aforesaid property which forms a parallelogram and is
bounded on the North by New Town lots 69, and by a projection of said alley and
New Town lots 125, on the east by A Street, and on the South by F Street,
and on the West by W Street.
Together with
all and singular the rights, members, hereditaments and appurtenances unto said
property in anywise belonging or appertaining, of every nature, class and
description.
To have and
to hold the same unto the said party of the second part, it’s successors and
assigns forever in fee simple in as full and ample a manner as the same were
held and owned by the said Jeremiah Milbank at the time of his
death, and as full and ample a manner as the same now held by his Executor
herein before named.
In Witness
Whereof, the said party of the first part has hereto set his hand and seal as
such Executor, the day and year first above written.
Signed, Sealed and
delivered in presence of
Joseph Milbank Sole Executor of the Last Will and Testament of
Jeremiah Milbank, deceased.
G.B. Mead Jr.
Wm J. Rogers
State of New York
City and County of New York
This is to certify that I, Jos. B.F. Grady,
a duly qualified Commissioner of Deeds for the State of Georgia, in City, County
and State of New York, did see the above mentioned Joseph Milbank
sign the above instrument and heard him acknowledge that he executed the same
for the uses and purposes therein expressed, and that the said G.B. Mead Jr.
and Wm. J. Rogers did attest said instrument as subscribing witness, in
the presence of Joseph Milbank, and of each hand.
In Witness
Whereof, I have hereinto set my hand and affixed my official seal, this the
eleventh day of June A.D. 1886.
Jos. B.F. Grady A
Commissioner for Georgia In New York
Recorded June 24th 1886 E.A. Nelson Clerk SCGC Ga.
Glynn County Court House
Deed Book AA pages 323-324; 19 July 1886
State of Georgia}
County of Glynn}
This Indenture made and entered into on this
19th day of July A.D., 1886, by and between Americus V. Putnam,
of said County and State, the party of the first part, and the Oglethorpe Hotel
Company, an incorporation duly created under the laws of Georgia, by the
Superior Court of Glynn County, Georgia, the party of the second part.
Witnesseth
that for and in consideration of the sum of Two Thousand dollars, ($2,000) to
him cash in hand paid, by the said party of the second part, at and before the
sealing and delivery of these presents, the receipt whereof is hereby
acknowledged, the said party of the first part, hath granted, bargained, sold
and conveyed, and by these presents doth grant, bargain, sell and convey unto
the said party of the second part, and to his successors and assigns, forever,
those two lots or parcels of land, situate, lying and being in the City of
Brunswick, County of Glynn, and State of Georgia, the first of which is
described as follows, to wit: the Eastern one half of New town lot number
one hundred and twenty-five, according to
Baldwin’s map of the City of Brunswick, made A.D. 1837, said lot being
bounded on the North by New Town lot one hundred and twenty-six, on the East by
A street, on the South by New Town lot number one hundred twenty-four, and on
the West by the Western one half of said lot number one hundred and twenty-five.
Also New town lot number one hundred twenty-six according to said plan, said lot
being bounded on the North by New Town lot number one hundred twenty-seven, on
the East by A street, on the South by New Town lot number one hundred
twenty-five and on the West by New Town lot number seventy.
To Have and
To Hold, the said above described and hereby granted premises, unto the said
party of the second part, its successors and assigns, forever in fee simple,
together with all and singular the rights, members and appurtenances of every
character and description to the said two lots of land belonging or in anywise
appertaining, excepting the house and buildings now erected thereon.
And the said
Americus V. Putnam, and his heirs, executors, administrators, and assigns,
the title to the said property above described and hereby granted, unto the said
party of the second part, its successors and assigns, shall and will warrant and
forever defend against the claim of himself and themselves and every person or
persons whomsoever claiming or to claim the same.
To Witness
Whereof the said Americus V. Putnam has hereto set his hand and seal, the
day and year first above written.
Americus V. Putnam
Signed, Sealed and
delivered In presence of
A.B. Rowe
A.J. Crovatt
Notary Public
Glynn County Georgia
Recorded July 28th 1886 E.A. Nelson Clerk SCGC Ga.
Glynn County Court House Deed Book AA page
325; 26 July 1886
State of Georgia}
County of Glynn}
This Indenture, made and entered into on this
the 26th day of July. A. D. 1886, by and between Mrs.
Mary Russell, of said State and County, the party of
the first part, and The Oglethorpe Hotel Company, an incorporation duly credited
under the laws of Georgia, by the Superior Court of Glynn County, Georgia, the
party of the second part-----
Witnesseth:
That for and in consideration for the sum of Seven Hundred Dollars, ($700) to
her cash in hand paid, by said party of the second part, at and before the
sealing and delivery of these presents, the receipt whereof is acknowledged, the
party of the first part has granted, bargained, sold, and conveyed, and by these
presents, doth grant, bargain, sell and convey, unto the said party of the
second part, it’s successors and assigns, that certain lot, tract or parcel of
land, situate, lying and being in the City of Brunswick, County of Glynn, and
State of Georgia, and Known and described on the map and plan of said city made
by George Baldwin, A. D. 1837, as the Western
half of New Town lot number one hundred and twenty-five (125) said half lot
being bounded on the North by New Town Lot number one hundred and twenty six
(126), and on the East by the Eastern one half of said lot number one hundred
and twenty five (125) on the South by New Town lot one hundred and twenty-four
(124) and on the West by New Town lot sixty nine (69)----
To Have and
To Hold the above described and hereby granted and bargained premises, unto the
said party of the second part, it’s successors and assigns, forever in fee
simple, together with all and singular the houses and buildings, improvements,
rights, members and appurtenances to the same belonging or in any wise
appertaining------------
And the said
party of the first part, and her heirs, executors, administrators and assigns,
the title to the said above described premises, unto the said party of the
second part, it’s successors and assigns, shall and will warrant and forever
defend against the claim of herself and themselves, and against the claim of
every other person or persons whomsoever, claiming or to claim the same.--------
In
Witness Whereof the said party of the first part has hereto set her hand and
seal, the day and year first above written.----------
Mary Russell
Signed, sealed and
delivered In presence of
C. A. Russell
Edgar C. P. Dart Ordinary Glynn County Georgia
Recorded July 28th 1886 E. A. Nelson
Clerk S.C.
Glynn County, Georgia
Court House Deed Book AA pages 561 562 563 564; 1 September 1886
State of New York
County of New York
City of New York
This Indenture made and entered into on this the first day of September, one
thousand eight hundred and eighty six, by and between Joseph
Milbank of said State, County and City, as the sole qualified
executor of the last will and testament of Jeremiah
Milbank late of said State and County and City deceased party of the
First Part and “The Oglethorpe Hotel Company” a corporation duly
created according to the laws of Georgia, by the Superior Court of Glynn County,
Georgia during its may Term 1886, and said corporation having its chief office
and carrying on its business in the City of Brunswick, County of Glynn, and
State of Georgia, party of the Second Part.
Witnesseth,
That whereas on the first day of June 1885, Jeremiah
Milbank departed this life in the City, County and State of New York,
leaving a last will and testament executed upon the thirty first day of May
1882, in which said last will and testament his wife Elizabeth
L. Milbank, and daughter Elizabeth M.
Anderson were each named as Executrix, and his son
Joseph Milbank was named as Executor of his last will
and testament.
And Whereas, afterwards on the sixth day of June 1884, and said
last will and testament was duly admitted to probate in the Surrogate Court in
the State, County, and City of New York, and said Joseph
Milbank qualified there under as the Executor, (The other said parties
named as executrix not qualifying as executors).
The original
of said last will and testament for probate being filed and recorded in the
office of the surrogate of the County and the State of New York, in book 3260 of
wills commencing on page 406.
And
Whereas, The said last will and testament contained and gave unto, the
Executors or Executrix, who should qualify under said will, full power to sell
and dispose of all the assets and property of the said Estate at private sale,
in the discretion of such Executor or Executrix for reinvestment.
And
whereas The said Jeremiah Milbank at and
prior to his death was the owner of the property, here in after conveyed and the
said party of the first part desired to sell and convey the same for the purpose
of reinvesting the proceeds of said sale.
Now, under
and by virtue of the power and authority given to the party of the first part by
the said last will and testament, and for and in consideration of the sum of two
thousand dollars lawful money of the United States of America to the said party
of the first part in hand paid at and before the sealing and delivery of these
presents. the receipt whereof is hereby acknowledged, said party of the first
part has granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell and convey unto the said party of the second part, its
successors and assigns forever, all the rights, title and interest of the said
Jeremiah Milbank and of his said estate, in
and to those certain tracts or parcels of land situated, lying and being in the
City of Brunswick, County of Glynn and State of Georgia, numbered and described
in the plan of said City of Brunswick made by George R.
Baldwin, in the year of our Lord one thousand eight hundred and thirty
seven as lots numbers sixty nine (69), Seventy (70), and Seventy one (71), and
also all the right, title and interest of the said party of the first part as
Executors as aforesaid, in and to the alleyway shown in said Baldwin’s
plan whereas the lots herein numbered and conveyed and numbers one hundred and
twenty five (125), one twenty six (126), and one hundred and twenty seven (127),
in the New Town of the City of Brunswick, Glynn County, Georgia.
Together with all and singular the rights, members, hereditaments and
appurtenances unto said property in any wise belonging or appertaining, of every
nature, class and description.
To
Have and To Hold the same unto the said party of the second part, its
successors and assigns forever in fee simple, in as full and ample a manner as
the same were held and owned by the said Jeremiah
Milbank at the time of his death and as full and ample a manner the
same are now holding his Executor here into fore named.
In Witness
whereof the said party of the first part has hereto set his hand and seal as
such Executor the day and year first above written.
Jos. Milbank The
Executor of the last will and testament of
Jeremiah Milbank, deceased.
Signed Sealed and
Delivered in presence of
G. B. Meade Jr.
Wm. J. Rogers
State of New York
City and County of New York
This is to certify that I, Jos. B. F. Grady, a
duly qualified Commissioner of Deeds for the State of Georgia in the City,
County, and State of New York, did see the above
Joseph Milbank sign the above instrument of
writing and heard him acknowledge that he executed the same for the uses and
purpose therein expressed, and that the said G. B. Meade Jr.
and Wm J. Rogers did attest said instrument as
subscribing witnesses.
In Witness
Whereof, I have hereunto set my hand, and affixed my official seal this the
sixth day of September 1886.
Jos. B. F. Grady A Commissioner for
Georgia in New York
Recorded October 12th 1886 E. A. Nelson
Clerk S.C.G.C.Ga.
This Indenture made the first day of our Lord One thousand eight hundred and
eighty six, Between Mrs. Elizabeth L.
Milbank, the widow of, and
Joseph Milbank and
Mrs. Elizabeth M. Anderson,
nee
Milbank, the sole children of Jeremiah
Milbank, late of the City, County and State of New York, deceased, and
said widow and children being the sole heirs at law and legatees of said
Jeremiah
Milbank, deceased, the parties of the first part, and the
Oglethorpe Hotel Company, a corporation duly created according to the laws of
Georgia by the Superior Court of Glynn County, Georgia during its May term
1886,-and having its chief office in the City of Brunswick, County of Glynn and
State of Georgia, the party of the second part.
Witness, that
the said parties of the first part, for and in consideration of the sum of One
dollars in money of the United States of America, To them in hand paid by its
said party of the second part, at or before the sealing and delivery of these
presents, the receipt whereof is hereby acknowledged have remised, released and
quit claimed, and by these presents do remise, release and quit claim unto the
said party of the second part, and to its successors and assigns forever, all
the right, title, and interest, claim and demand of said parties of the first
part in and to that certain tract, lot, or parcel of land situate lying and
being in the City of Brunswick, County of Glynn, and State of Georgia, Known and
described on the plan of said City of Brunswick made by George
R. Baldwin in A.D. 1837, as New Town lots, numbers Sixty nine
(69), Seventy (70), and Seventy one (71) and also all the right, title and
interest of the said parties of the first part, in and to the alleyway shown in
said Baldwin
plan, Between the lots herein numbered and conveyed and lots numbers 125, 126,
127 in the New Town of the City of Brunswick, Glynn County, Georgia.
Together with
all and singular the tenements, hereditaments, and appurtenances thereunto
belonging, or in anywise appertaining, and the reversion and reversions,
remainder and remainders rents, issues and profits thereof. And also, all the
estates rights, bills, interest, property possessions, claims and demand
whatsoever as well as in law as in equity of the said parties of the first part,
of in or to the above described premises and every part and hence thereof with
the appurtenances. To Have and to hold all and singular the above mentioned and
described premises together with the appurtenances unto the said party of the
second part and assigns forever.
In Witness
Whereof, the said parties of the first have hereunto set their hands and seals
the day and year first above written.
Elizabeth L.
Milbank
Jos. Milbank
Elizabeth M. Anderson
Signed sealed and
Delivered in presence of
G. B. Meade Jr.
Wm J. Rogers
State of New York
City and County of New York
This is to certify that I, Jos. B. F. Grady, a
duly qualified commissioner of Deeds for the State of Georgia, in the City,
County and State of New York, did see the above mentioned Elizabeth
L. Milbank, Joseph
Milbank and Elizabeth M. Anderson
sign the above acknowledgement of writing, and heard them acknowledge that they
executed the same for the uses and purposes therein expressed, and that the said
G. B. Meade Jr. and Wm J. Rogers did attest
said instrument as subscribing witnesses, in the presence of Elizabeth
L. Milbank,
Joseph Milbank, Elizabeth
M. Anderson and of each other.
In Witness
Whereof, I have hereunto set my hand and affixing my official seal, this the
eight day of September 1886.
Jos. B. F. Grady, A Commissioner for
Georgia in New York
Recorded October 12th
1886
E. A. Nelson, Clerk S.C.G.C.Ga.
Glynn County, Georgia
Court House Deed Book AA pages 607 608; 12 November 1886
State of Georgia }
County of Glynn } This
Indenture, made and entered into this the 12th day of November A.D. 1886, by
and between “The Oglethorpe Hotel Company” a corporation duly
incorporated according to the Laws of Georgia, acting by and through it,
President, William E. Burbage,
and its Secretary and Treasurer,
William E. Kay, the party of
the first part, and “The Mayor and Council of the City of Brunswick”, a
municipal Corporation duly created according to the laws of Georgia having
control of the affairs of Brunswick in the county of Glynn and State of Georgia,
and acting by and through it’s mayor, John
J Spears and it’s Clerk and Treasurer, John
F. Nelson, the party of the second part,
Witnessth, That whereas, on the fourth day of November A.D. 1886, said The
mayor and Council of the City of Brunswick at it’s regular meeting held on the
night of saturday, did pass an ordinance a printed copy of which is as follows,
to wit
[Copy of small two column newspaper clipping was inserted
here, announcing the ordinance widening F Street]
And, Whereas, the said Oglethorpe Hotel Company are willing to convey the
property mentioned in said ordinance, unto the said Mayor and Council of the
City of Brunswick upon and for the consideration therein named, to wit: the
receipt of said land by said municipal corporation in full payment of the Taxes
upon all the property, both real and personal of said Oglethorpe Hotel Company,
used for Hotel purposes only, for and during the period of seven years,
commencing January 1st 1887
Now: In
consideration of the premium, and in consideration of the sum of one Dollar ($1)
by said party of the second part cash in hand unto said party of the first part
on or before the sealing and delivery of these presents, the receipt whereof is
hereby acknowledged as well as in consideration of the acceptance by said
municipal corporation, the party of the second part, of the land herein after
described, as full payment and satisfaction of all Taxes which may be levied or
accessed upon all the property of said Oglethorpe Hotel Company, both real and
personal which may be used for hotel purposes only, for a period of seven years,
commencing on January 1st 1887, the said party of the first part has granted,
bargained, sold and conveyed and by these presents does grant, bargain, sell and
convey unto the said party of the second part, and to its successors forever,
the land described in said ordinance above set out to wit: a strip of land,
fifteen feet in width, commencing at a point fifteen (15) feet North of the
North Western corner of “A” and “F” Streets in the New Town of said City of
Brunswick, hence running direct West to “W” Street and parallel with “F” Street
to a point fifteen feet North of the North Western corner of “W’ and “F”
Streets, the said strip of land being situated lying and being in the New Town
of the City of Brunswick, County of Glynn, and State of Georgia, and being
conveyed to the said municipal corporation for the purpose of widening said “F”
Street, as aforesaid.
To
Have and to Hold the said above described strip of
land together with all and singular the rights, members and appurtenances, to
the same belonging, or in anywise appertaining unto the said party of the second
part, and to their successors, forever, in fee simple, for the purpose of
widening said “F” Street, as aforesaid.
And the said
party of the first part, and their successors, will warrant and forever defend
the right and title to the above described strip of land, unto the said party of
the second part, and to its successors, by virtue of these presents, against the
claim of all and every person or persons whomsoever, claiming, or to claim the
same.
And the said
party of the second part, as witness its Corporate name and seal attached by its
Mayor, and attested by its clerk and Treasurer does hereby accept the same under
the terms mentioned in the foregoing conveyance
In
Witness Whereof the said party of the first part has caused its
President and Secretary and Treasurer to sign its corporate name hereto, and
attach its corporate seal, and the said party of the second part has caused its
Mayor to sign these presents, and its Clerk and Treasurer attest the same, and
to affix the seal of City of Brunswick
The
Oglethorpe Hotel Company by its President W. E. Burbage
Attest: W. E.
Kay Secretary + Treasurer
The Mayor and Council of the City of Brunswick, Ga. by J. J. Spears
Mayor
Attest J. F. Nelson Clerk of Council
Signed sealed and Delivered In presence of. As to
signature of The Oglethorpe Hotel company
Bolling
Whitfield
A.J. Crovatt N.P.G.C.Ga
As to signature of the Mayor + Council Of the City of
Brunswick
B. H. Houston
Recorded November 15th 1886 E. A. Nelson
Clerk Superior Court Glynn County Georgia
Glynn County Court
House Deed Book BB pages 357 to 364; 1 July 1887
This Indenture made and entered into on this the first day of July in the year
of our Lord One thousand eight hundred and eighty seven, between the Oglethorpe
Hotel Company, a Corporation duly created under the Laws of Georgia, the party
of the first part, and the Farmers Loan and Trust Company of the City of New
York trustee the part of the second part.
Whereas, the
party of the first part for the purpose of completing the hotel building, now in
course of construction and furnishing the same, desires to borrow the sum of
seventy thousand dollars ($70,000) upon its real and personal property now held
and owned by it, consisting of a hotel building and improvements, upon lots of
land in the New Town of the City of Brunswick County of Glynn and State of
Georgia, hereinafter fully described and upon its property hereafter to be
acquired and desires to issue a total issue of bonds accounting to said sum of
seventy thousand dollars ($70,000) with interest at 7% per annum payable
semi-annually, said bonds to run for twenty (20) years as recited in certain
resolutions of the stockholders at a stockholders meeting of said company, which
resolutions are in the language following to wit.
Whereas, on
the 7th day of March 1887 at a meeting of the stockholders of the Oglethorpe
Hotel Company, it has provided that an effort be made by the directors to secure
the necessary funds for the completion of the hotel building and furnish same by
the issue of additional stock to be taken by the present holders of stocks, and
in the event of failure to secure such funds by the issue of stock aforesaid to
issue 6% bonds running 20 years, the coupons for two years to be clipped there
from, to be sold to stockholders pro rata in proportion to their present
holdings at par and
Whereas both
of the said methods for raising necessary funds have failed after diligent
efforts upon the part of the Board of Directors, although Mr. Joseph
Milbank stood ready and willing to take three fifths of such
issue of stock or bonds at par.
Resolved,
that said resolutions be and the same are hereby rescinded and respected as
neither such authorized increased capitol stock, nor said bonds have been issued
and
Resolved
further, that the Board of Directors of this Company be authorized, empowered
and requested to at our issue a first mortgage 7% bond running 20 years,
interest payable semi-annually to an amount not exceeding $70,000 and secure the
same by Deed of Trust or mortgage upon the real and personal property of the
Oglethorpe Hotel Company, now held or owned or hereafter to be acquired by it
and to take steps at once to raise the necessary money to complete and furnish
the same and to pay the necessary expenses of said company for the first two
years, including the interest on said Bonds, Insurance, repairs, and if the same
becomes necessary, the operating expenses of said hotel
And the above
resolutions were adopted at a stockholders meeting held in Brunswick, Ga. on the
30th of June 1887 and
Whereas in
pursuance of said resolution of said stockholders meeting, at a meeting of the
Board of Directors of said Company held on the 30th day of June 1887 resolutions
were adopted to carry the said resolutions of said stockholders meeting of said
Company into effect which resolutions of the Board of Directors are in the
following language, to wit,
Whereas at a
meeting of the stockholders of the Oglethorpe Hotel Company, held this day, it
was resolved that 20 year 7% bonds, interest payable semi-annually, be issued to
an amount not exceeding $70,000 and that the Board of Directors carry said
resolution into effect.
Therefore be
it resolved that a mortgage or deed of trust be prepared or executed by the
President, attested by the Secretary and Treasurer of this Company, to secure
the payment of the principal and interest of an issue of $70,000 of first
mortgage bonds on all the property, real and personal of this company, now held
or hereafter to be acquired by it, and said bonds to be of the denomination of
$100. each and forty coupons or interest warrants attached thereto, payable on
the first days of January and July 1888, and thereafter on the first days of
January and July of each year until the principal is paid off and that said
mortgage or Deed of Trust be made to the Farmers Loan and Trust Company of New
York City, as Trustee for the holders of said bonds
The bonds of
$100 each to be issued under said resolution bearing interest at the rate of 7%
per annum, payable semi-annually on the first days of January and July of each
year, at the Farmers Loan and Trust Company in the City of New York, and the
principal thereof payable at the agency of the Company on the first day of July
1907 and all of the said bonds to stand equally secured by these present, and
all of like tenor and all of the forms following.
United States
of America
We The Oglethorpe Hotel Company
$100.
First Mortgage Bond
Principal due July 1st 1907, interest payable January 1st
and July 1st, Seven percent, Gold per annum
The Oglethorpe Hotel Company for value received hereby promises to pay to bearer
the sum of One hundred Dollars in Gold coin of the United States of America, of
its present standard at its agency in the City of New York, or its agency in
Brunswick, Georgia on the first day of July 1907, and on presentation of the
annexed interest coupons, and surrender thereof as they shall severally become
due, to pay interest thereon at the rate of seven per cent per annum until such
principal sum shall be paid payable semi-annually in like coin on the first days
of January and July in each year
This bond is
one of a series of bonds amounting in the aggregate to Seventy Thousand Dollars,
as described in a mortgage or deed of trust of even date herewith, made to the
Farmers Loan and Trust Company of New York City, Trustee.
This bond
shall pass by delivery, but shall not be valid until the certificate
authenticating the same, endorsed thereon, shall have been signed by the
officers of the Trustee, herein mentioned, or its successor.
In Witness
whereof the said Company has caused its corporation seal to be hereunto affixed,
attested by its Secretary and these presents to be signed by its President, and
Secretary and treasurer, the first day of July 1887, and the annexed interest
coupons to be executed with the printed signature of its Secretary and Treasurer
________________________________________________________President
________________________________________________________Secretary, Treasurer
________________________________________________________Secretary
_____________________________Coupon_______________________________
$100.________________________________________________________$3.50
___________________The Oglethorpe Hotel
Company______________________
Will pay to bearer on the 1st day of 18__ Three and one half dollars in gold
coin of the United States of America at the Farmers loan and Trust Company of
the City of New York, being six months interest then due upon its first mortgage
bond
We____________________________________________ W. E. Kay,
Treasurer.
Trustee Certificate
It is hereby certified that the within is one of the mortgage bonds issued under
and referred to by the Indenture of Mortgage ordered of trust therein mentioned
_____________________________________________Trustee
Now Therefore, this Indenture, Witnessth, that the party of the first part, the
better to secure the payment of said bonds, with interest, at the time and
manners therein mentioned and set forth and in consideration of the sum of one
dollar by the party of the second part in hand paid to the party of the first
part, on or before the unsealing or delivery of these presents, the receipt
whereof is hereby acknowledged, has granted, bargained, sold, conveyed,
transferred and set over and by these presents do grant, bargain, sell, convey,
transfer, and set over to the said party of the second part, and its successors
and assigns forever, all the real and personal property consisting of lots of
land in the New Town of the City of Brunswick, Glynn County, Georgia. Known on
the plan of said City of Brunswick, made by George
Baldwin, Civil Engineer, in the year 1887, as number Sixty two (62),
Sixty three (63), Sixty four (64), Sixty five (65), Sixty six (66), Sixty seven
(67), Sixty eight (68), Sixty nine (69) Seventy (70), and Seventy One (71), and
one hundred and eighteen (118), one hundred and nineteen (119), one hundred and
twenty (120), one hundred and twenty one (121), one hundred and twenty two
(122), one hundred and twenty three (123), one hundred and twenty four (124),
one hundred and twenty five (125), one hundred and twenty six (126), and one
hundred and twenty seven (127), forming a parallelogram three hundred and
fifteen feet by three hundred feet, and bounded on the North by New Town lots
numbers seventy two (72) and a projection of an alley between said lot seventy
two (72) and New Town Lot number one hundred and twenty eight (128), and by New
Town Lot number one hundred and twenty eight (128) and on the East by “A”, on
the South by “F”, and on the West by “W” Street, with the hotel building in
process of erection thereon and all the real and personal property which may be
hereafter acquired by the said party of the first part of every kind and
character, together with all and singular the rights, appurtenances,
hereditaments, and privileges to the said property belonging or in any way be
derived from the running and operating of said Hotel when completed, and the
reversion and reversions, rents, issues and profits thereof.
To Have and
to Hold, all the property above described and the income above described unto
the said party of the second part, as Trustee, as aforesaid, and to its
successors and assigns forever.
In Trust
Nevertheless, for the equal pro rata use, benefit and security of all persons
and corporations who shall become or be the lawful owners or holders of said
bonds to the aggregate amount of not exceeding Seventy thousand dollars
($70,000) with preference of any of the said bonds over any of the others by
reason of priority in the line of issue or negotiation thereof or otherwise
subject only to be used, held, possessed, and operated by the said party of the
fist part as long as no default shall occur in the payment of the interest or
principal of said bonded debt.
Provided,
that in case default should be made in the payment of the interest on any of the
said bonds or of the principal thereof for sixty days after the same shall
become due and payable, upon a written request of the majority of the holders of
the outstanding on which principal and interest is not duly paid, said party of
the first part as Trustee as aforesaid may take actual possession and operate
said hotel, and all the property of the said party of the first part of every
kind and description covered by this Trust Deed paying all needful expenses
including interest, repairs, and applying balance of earnings or income to the
payment of proper compensation of Trustee, including legal expenses and paying
any surplus realized to the principal or interest of said bonds so defaulted.
Provided
further, that in case default should be made in the payment of the principal or
interest due upon the bonds secured by this deed of trust. Then the entire
bonded debt and interest thereon shall upon sixty days continuance of said
default (at the options of the party of the second part as Trustee) become due
and payable, although the period above limited for the payment thereof may not
then have expired, anything herein before contained to the contrary not
withstanding, and it shall be lawful upon such default for the Trustee to sell
such property according to law and after the payment of the fees of the Trustee.
The party of the second part as aforesaid, and all the expenses incurred in and
about the carriage and conduct of said sale, to apply the balance resulting from
said sale to the payment of the principal and interest due there upon the bonds
outstanding, and should any surplus there remain, said surplus to be paid to the
party of the first part.
Provided
further, that all the real and personal property not necessary for operating
said hotel of the said party of the first part, may be sold by the party of the
first part and the money realized thereon reinvested in property needed, which
shall be subject to the lein of the deed of trust, or if not so reinvested, the
money so raised shall be deposited with the party of the second part, or its
successors, to be held as security for bonds and interest, and the said party of
the second part, or to successors, to release any property real or personal from
the lein of this mortgage where so sold, provided it is first shown them that is
not needed for the operating of the hotel of the party of the first part.
Provided
further, that said party of the second part and its successors are not liable
for the removal of any personal property herein mortgaged or secured or in any
act or thing which may be done by it or its agents unless occasioned or done by
it willfully or in bad faith, and are not liable for acts of agents by it
appointed in this deed of trust.
Provided
further, that the party of the second part and its successors, will upon payment
of all bonds secured by this trust deed enter and execute proper satisfaction
prices.
Provided
further that the bonds described in this deed of trust shall only be
countersigned by the Trustee and delivered upon the certificate of the President
of the party of the first part, that they have been bona fide, subscribed for by
solvent parties and upon the order of the President of the said party of the
first part to the said party of the second part, or its successors, Trustee as
aforesaid.
The party of
the second part, as Trustee or otherwise, shall be under no obligation to
recognize any person or persons, firm or corporation, as holder or holders,
owner or owners of one or more of the bonds secured hereby, or to do, or refrain
from doing any act pursuant to the request or demand of any person or persons,
firm or corporation professing or claiming to be such holders or owners, until
such proposed holder or holders shall produce the said bonds and deposit the
same with the Trustee and shall indemnify and save harmless the Trustee, to its
full satisfaction, from any and all cost and expenses, outlays and counsel fees
and other reasonable disbursements for which it may become liable or responsible
on proceeding to carry out such request or demand.
The right of
action under this Indenture is vested exclusively in the Trustee, and under no
circumstances shall any holder or any number of bond holders have any right to
institute action or other proceeding on or under this Indenture for the purpose
of enforcing any remedy herein and hereby provided, except in case of refusal on
the part of the trustee to perform any duly imposed on it by this agreement, and
all actions and proceedings for the purpose of enforcing the provisions of this
Indenture shall be instituted and conducted by the Trustee, according to the
sound discretion , but the Trustee shall be under no obligation to institute any
such suit or to take any proceedings under this Indenture until it shall be
indemnified to its satisfaction for all expenses and cost of every kind, and
also for all possible claims for damage.
Should any
suit or other proceeding be brought against the Trustee be reason of any matter
or thing connected with the trusts hereby created or by reason of its being,
such Trustee, it shall be under no obligation to enter any appearance by
Counsel, or in any way to appear in and defend the said suit or other proceeding
until indemnified to its satisfaction for so doing but it may nevertheless
appear and defend the same without indemnity if it shall elect to so do, and in
such case it shall be compensated there for from the trust fund.
In case at
any time it shall be necessary and proper for the Trustee to make any
investigation respecting any facts preparatory to taking or not taking any
action or doing or not doing any thing as such Trustee, the certificate of the
party of the first part, under its corporate seal, attested to by the signature
of the president and the affidavit of one or more directors, shall be sufficient
evidence of such fact to protest. The Trustee in any action that it may take, by
reason of the supposed existence of such fact.
It shall be
no part of the duty of the party of the second part to see to the recording of
the Indenture as a mortgage or conveyance of real estate, or the filing thereof
as a chattel mortgage or renewing such mortgage, or to do any other act which
may be suitable and proper to be done for the continuing of the lein of this
Indenture or for giving notice of the existence of such lein nor shall it be any
part of its duty to effect insurance against fire or the damages or any portion
of the mortgaged property, or to renew any policies of insurance.
The Trustee
shall only be responsible for reasonable diligence in the performance of the
Trust, and shall not be answerable in any case for the act or default of any
agent, attorney or employee selected with reasonable discretion.
The Trustee
shall be entitled to be reimbursed all proper outlays of every sort or nature by
it incurred in the discharge of its trust, and to receive a reasonable and
proper compensation for any duties that it may at any time perform in the
discharge of the same, and all such fees, commissions, compensations and
disbursements shall constitute a lein on the mortgage property and premises.
The recitals
herein contained are made on behalf of the party f the first part, and with the
party of the second part assumes no responsibility as to the correctness of any
statement therein contained.
I Witness
Whereof the said party of the first part has caused its corporate name to be
attached by the bond of its President, attested by its Secretary and Treasurer
on the day and year first above written.
W. E. Burbage
President
Attest W. E. Kay Secretary & Treasurer
Signed Sealed and
Delivered in presence of
J. E. Moore
A. J. Crovatt Notary Public Glynn County Georgia
Recorded August 10th 1887 E. A. Nelson
Clerk SCGCGa
Glynn County Georgia
Deed Book BB page 757; December 1887
Brunswick, Georgia December A.D. 1887
We promise to pay the Brunswick, Balks Collender Co. on order. Eight Hundred and
Seventy-five Dollars, for one 12 foot cherry NO1 counter, one 9 ft cherry
Refrigerator sideboard, one 72 x 92 cherry congress counter mirror, one 10ft
copper tank, 2 trestles, one 12ft Brass foot rail and 4 brackets. One 12ft
cherry arm rail and 5 brackets. One Aramith complete billiard table 4½ x 9ft NO
28104, and Two six pocket Aramith complete Pool Tables 4½ x 9ft NO28105.28.70,
with also two sets of Ivory pool Balls, three dozen cues, three cue racks. One
set of counters, three bridges, three movers. One set Ivory Billiard balls. Two
triangles. three rubber covers two bottles and small balls. As follows
Two Hundred
no/100 Dollars on the first day of February A.D. 1888
Two Hundred
no/100 Dollars on the first day of March A.D. 1888
Two Hundred
no/100 Dollars on the first day of April A.D. 1888
And Two
Hundred and seventy-five no/100 Dollars on the 1st day of May A. D. 1888 until
all shall be paid with interest at the note of 5 per cent per annum from date.
It is
understood, and we hereby agree that the title of said Fixture and Tables, and
all fixtures belonging thereto, is to remain with the said The Brunswick Balks
Collender Co. until this promissory note is paid, and in the event we fail to
make payment according to the terms and effect of this note, we hereby agree to
forfeit to the said The Brunswick Balks Collender Co said above recorded
Fixtures and Tables, and fixtures belonging to them without bringing any action
of terms or other legal process therefore, and the amount paid thereon
considered as rental. We further agree to take the said Tables and fixtures,
insured against loss by fire, protection. The Brunswick Balks Collender Co as
far as their interest may appear, at their expense, until the full payment of
this note.
As against
the collection of this debt, We hereby waive and renounce the right of ourselves
or our families to the benefit of homestead and exemption under the laws of
Georgia, and further agree to pay ten per cent attorneys fees in the event this
note is placed in the hands of an attorney for collection.
Witness our hands and seals the day and year above
written.
The Oglethorpe Hotel
Company
By W. E. Burbage Prest
W. E. Kay, Secretary & Treasurer
Witness
A B. Rowe
A J Crovatt Notary Public Glynn County – Ga
Recorded Jan 17th 1888 John C
Lehman
dep Clerk SCGCGa
Glynn County, Georgia
Court House Deed Book BB pages 402-403; 10 May 1888
This certifies that we The Oglethorpe Hotel Company now residing at Brunswick
Georgia, have received of Ludden and Bates Southern music House, one Piano.
Chickering Style S No 14.805. And value at Six Hundred and Sixty-five Dollars.,
which I am to use with care and return in as good condition as it is now. The
advisory use and wear thereof expected, and in case of loss or damage by fire,
water, tempest, or otherwise. I agree to make good such loss or damage.
We have
agreed to hire said instrument for the term of 8 and ½ months from this date,
and to pay during said term the sum of Six Hundred and Sixty-five Dollars, as
rent thereof, in the following manner. Viz: Three Hundred Dollars on the 12th
day of May, 1888, which is in payment of the rent for the first month only, and
as advance deposit to secure against damages to said instrument while in my
possession, or for any expenses incurred in its recovery, in the aforesaid
rental payments are not paid as agreed, and thereafter Three Hundred and
Sixty-five Dollars, February 1st 1889, with interest at the rate of 7 per cent.
we further agree to make all payments in current funds, at their office, in
Savannah, Georgia, without notice of demand, and to assume all cost of
remittance or collection of deposit, +c.
But if
default shall be made in either of said payments, or if we shall sell, offer for
sale, remove, or attempt to remove said instrument from our aforesaid Hotel,
without the written consent of said Ludden and Bates Southern Music House, other
hand in that case we agree to return the same and that they or their agent may
resume actual possession thereof and we hereby authorize and empower the said
Ludden and Bates Southern Music House. or it’s agent to enter the premises
wherever said instrument may be and take and carry the same away hereby waiving
any action for trespass or damages, therefore, and disclaiming any right of
resistance thereto And we further agree to pay all expenses incurred by the said
Ludden + Bates Southern Music House, in the renting and returning of said
instrument, including reasonable attorney fee, and all other legal expenses
which may be incurred in obtaining possession of said instrument or in the
collection of any payment due therein.
It is further
understood that we may at any time within said term of rental purchase the said
instrument by paying the above valuation therefore and then, in that case, only
all amounts theretofore paid as rent, or advance deposit, shall be deducted from
price of instrument.
Witness my hand and
seal this 10th day of May, 1888.
The Oglethorpe Hotel Co by W.E. Kay. Sec + Treas
Signature and
witnessed by
A.B. Rowe
Recorded May 19th 1888 Jno. C.
Lehman Dep Clerk GC
Glynn County, Georgia
Court House Deed Book CC pages 515 to 520
An Indenture, made on this the first (1st) day of June, A.D. One Thousand Eight
Hundred and Eighty-eight. Between The Oglethorpe Hotel Company, a corporation
duly created and organized by and under the laws of the State of Georgia, the
party of the first part, and The First National Bank of Brunswick, Georgia, a
corporation organized under the national bank laws of the United States, and
located in the City of Brunswick, County of Glynn, and State of Georgia, the
party of the second part.
Witnesseth,
That whereas the said party of the first part, is the owner of the certain lots
or parcels of land, in the New Town of the City of Brunswick, Glynn County,
Georgia, and Known, numbered and described on the plan of the said City of
Brunswick, made by George R. Baldwin, A.D.
1837, as New Town Lots Sixty-two (62). Sixty-three (63). Sixty-four (64).
Sixty-five (65). Sixty-six (66). Sixty-seven (67). Sixty-eight (68). Sixty-nine
(69). Seventy (70). Seventy-one (71). One Hundred and Eighteen (118). One
Hundred and Nineteen (119). One Hundred and Twenty 120. One Hundred and
Twenty-one (121) One Hundred and Twenty-two (122). One Hundred and Twenty-three
(123). One Hundred and Twenty-four (124).
One Hundred
and Twenty-five (125). One Hundred and Twenty-six (126). One Hundred and
Twenty-seven (127), and forming a parallelogram, bounded on the North by New
Town lots Seventy-two (72) and One Hundred and Twenty-eight (128). with the line
alley between said two lots, on East by “A” Street, on the South by F Street,
and on the west by W. Street, and having a frontage of two hundred and
eighty-five (285) feet upon A Street, and running back three hundred and fifteen
(315) feet to W Street. (Where having been fifteen (15) feet front on “A”
Street, running back three hundred and ten (310) feet on “F” Street, and being
the Southern one-half of New Town lots, sixty-two (62). and one hundred and
eighteen (118) deeded to the City of Brunswick, Georgia, to widen F Street);
Together with that brick building. Known as the Oglethorpe Hotel, with all and
singular the plumbing, gas fixtures, kitchen and laundry machinery, comforts,
beds and bedding, bed-room sets, curtains, bed-room and parlor furniture,
kitchen and dining room furniture, with equipment, silverware, glass crockery,
cutlery, linen, sideboards, office furniture, safe, bar and billiard rooms, and
barber shop fixtures, and generally all and every class of furniture now stored
in said building, to which said company has at this date title, and being all
the furniture in said building, except a small portion to which the Robert
Mitchell Furniture Company have title to secure a balance of unpaid purchase
money thereon; and also that certain water-tower, with tank and all pumping
machinery and all fences, house, out-houses, and every other class of buildings,
improvements or furniture, whatsoever.
And whereas
there is a first mortgage executed therein to secure an issue of Seventy
Thousand Dollars ($70,000) of first mortgage bonds, made by its said party of
the first part.
And whereas
at a special meeting of the stockholders of the said party of the first part,
held on the 30th day of April 1888 pursuant to call therefor, duly advertised,
at which stockholders meeting a majority of stock of said company was present
and represented, The Directors of said Hotel Company in a report to said
stockholders meeting, stated that in permanence of authority given them at the
annual stockholders meeting, held on March, 5th 1888, they had endorsed to
procure an agreement from all the holders of the Twenty Thousand Dollars issue
of first mortgage bonds, as aforesaid, to accept at hand for their said bonds,
new bonds, secured by a new issue for the sum of One Hundred Thousand Dollars,
but that they had been unable to promise such consent, and asked said special
meeting of stockholders to authorize an issue of a second mortgage, upon the
seal and personal property of said company, described as aforesaid, to secure an
issue of second mortgage bonds of a total amount of Thirty Thousand Dollars
($30,000) whereupon said Stockholders meeting adopted the following resolution.
Resolved,
That the Board of Directors of the Oglethorpe Hotel Company, be, and they are
hereby authorized to make an issue of thirty Thousand Dollars, ($30,000) of
second mortgage bonds, bearing interest at the rate of 7% per year payable
semi-annually, in such denominations as they may deem best, secured by the seal
and personal property of such company and the proceeds thereof on as usual as is
necessary to be used to meet the deficit due by said company, and to pay any
floating debt incurred by said company.
And whereas,
the Board of Directors, of said party of the first part in pursuance of
authority, granted by the resolution aforesaid at a meeting held on the 5th day
of May, 1888, passed a resolution authorizing the issue of thirty thousand
dollars of second mortgage bonds, to be secured by a mortgage, or deed of Trust
made to the said party of the second part, as trustee, the said bonds bearing
date the first day of June 1888 and of the denomination of One Hundred Dollars
each, and numbered from one to three hundred inclusive, and bearing, seven per
cent (7%) interest coupons, and by each of which bonds the said party of the
first part shall promise to pay to the bearer the amount therein mentioned, at
the office of the said party of the second part, in the City of Brunswick, on
the first day of June 1908, the said interest payable, semi-annually, on the
first days of June and December of each year, on presentation and surrender of
the interest coupons attached thereto.
And whereas,
the said bonds, and the Trustee’s certificate, to be endorsed thereon, are in
the form substantially as follows, that is to say,
No…$100.00
United States
of America,
State of
Georgia,
The
Oglethorpe Hotel Company,
Second
Mortgage Bond,
Principal due
on the first day of June, 1908; interest payable June 1st and December 1st.
The
Oglethorpe hotel Company, of Brunswick, Georgia for value received, hereby
promise to pay to bearer the sum of One Hundred Dollars, in gold coin of the
United States of America, of its present standard, at its agency in the City of
Brunswick, Georgia on the first day of June, 1908, and on presentation of the
annexed interest coupons, and surrender thereof as they shall semiannually
become due, to pay interest thereon, at the rate of seven per cent, per annum,
until such principal sum shall be paid, payable semi-annually, in like coin on
the first days of June and December of each year. This bond is one of a series
of bonds amounting in the aggregate to $30,000. as described in a mortgage or
deed of Trust of even date herewith, made to the First National Bank of
Brunswick, Georgia, trustee.
This bond
shall pass by delivery, but shall not be valid until the certificate
authenticating the same, endorsed hereon, shall have been signed by the cashier
of the Trustee herein mentioned.
In witness
whereof, the said company has caused its corporate seal to be hereunto affixed,
attested by its Secretary, and these presents to be signed by its President and
Secretary and Treasurer, the first day of June, 1888 and the annexed interest
coupons to be executed with the printed signature of its Secretary and
treasurer.
Coupon
The Oglethorpe Hotel Company will pay to the Bearer at the First National Bank,
of Brunswick, Georgia Dollars in gold coin of the United States, on the first
day of (left blank) , for semi-annual interest on Bond numbers
Secretary and Treasurer.
Terms of Trustee’s certificate,
This is to certify that this is one of the Bonds issued under an indenture of
mortgage or deed of Trust, bearing date June 1st 1888, herein referred to.
Now
therefore, This Indenture, Witnessth, that in order to secure due and punctual
payments of the principal and interest, mentioned in and to become payable upon
the above mentioned bond, to the amount in aggregate of Thirty Thousand Dollars
and the Coupons accompanying the same, according to the terms and effect of each
bond and coupons, respectively, and to carry out the resolution of the Board of
Directories hereinto fore referred to, and in consideration of the sum of One
Dollar, to the said party of the first part, in hand paid, by the said party of
the second part, as Trustee as aforementioned, at and before the sealing and
delivery of these presents, the receipt whereof is hereby acknowledged. The said
party of the first part hereto hath granted, bargained, bargained, sold,
conveyed, transferred and set over, and by these presents doth grant, bargain,
sell, convey, transfer, and set over, unto the said party of the second part,
and to its successors, forever, all and singular the real and personal property
of the party of the first part, hereintofore described, as well as all the
rights, privileges, and franchises which the said party of the first part now
holds, posses or is entitled to, or which it may in future acquire. or become
possessed of, subject only to the first mortgage or deed of Trust, executed to
The Farmers Loan and Trust Company, of the City of New York, to secure an
aggregate issue of Seventy Thousand Dollars of the first mortgage bonds.
To Have and
To Hold, all and singular the said real and personal property, hereintofore
described, unto the said party of the second part, as Trustee, as aforesaid, and
to its successors in said trust, never the less, for the equal pro rate use,
benefit and security of all persons and corporations, who shall become or be the
owners, or lawful owners of any of the said bonds, to the aggregate amount of
Thirty Thousand Dollars, intended to be hereto secured as aforesaid, without
previousness of any of the said bonds, over any of the others, by the reason of
priority in time of issue, or negotiation thereof, or otherwise.
And the said
party of the second part, is hereby authorized to certify and deliver the said
bonds, upon the order of the Secretary and Treasurer of the said party of the
first part.
And it is
consented and agreed by and between the parties hereto, that until default shall
be made by the said party of the first part, its successors or assigns, in the
payment of the principal or interest of the said bonds, or some one of them, or
some part thereof the said party of the first part, its successors and assigns,
shall be permitted to posses and enjoy the said premises, with their
appurtenances, and all and singular, the rights, franchises and property,
hereintofore described, and to receive, take and use the income, earning, and
profits thereof, but if default shall be made in the payment of the principal or
interest monies mentioned in the said bonds, or coupons, or any or either of
them, or any part thereof, according to the terms and effort of said bonds and
coupons, or either of them, and if such default shall continue for the period of
six months, then and in that event the said party of the second part, its
successors in said trust are hereby authorized and empowered at the request of
holders, in value of one third of the bonds then outstanding, on receipt of
which, or the coupons upon which such default shall have been made, to institute
proceedings for foreclosure at law, or in equity, under the said deed of trust,
and procure a leaver of foreclosure, and sell the property and franchises
hereinbefore described, and apply the proceeds of such sale to the payment of
the principal and interest of the bonds described as aforesaid.
In Witness
whereof the parties hereto have caused their respective corporate seal to be
hereinto affixed, and these presents to be signed by their respective
Presidents, the day and year first above written.
The Oglethorpe Hotel
Co by
W. E. Burbage, Prest
Attest, W. E. Kay Sec and Tr-
The First National Bank of Brunswick Ga By C. Downing, Jr
Prest.
Executed in presence
of
D. W. Krauss
A.J. Crovatt Notary Public Glynn Co. Ga
as to signature of
C. Downing, Jr. Prest
Jos. Herr Smith.
C. F. Way Notary Public Glynn County Ga
Recorded June 19th 1888- Jno. C.
Lehman Dep Clerk SC
Glynn County, Georgia
Deed Book CC pages 496 & 497; 14 June 1888
Georgia }
Glynn County }
Know all men
by these Presents. That we, The Oglethorpe Hotel Company, a corporation
under the Laws of the State of Georgia having its chief office and doing
business in the City of Brunswick, Glynn County, Georgia, do hereby
admit that we have purchased of the Robert Mitchell Furniture Company, a
corporation under the laws of the State of Ohio, whose chief office is
in Cincinnati, one lot of furniture which is now and has been delivered
to us, and is stored in the Oglethorpe Hotel building in the City of
Brunswick, Glynn County, Georgia, and which is located in the Southern
end of the block formed by “G” “A” + “F”, “W”, streets, in said City of
Brunswick, and said furniture being described as follows.
1 Cherry Wardrobe |
1 Ladies Chair, Plush |
3 Walnut “ |
1 arm chair Plush |
4 Oak “ |
1 combination chair, and cushion |
1 Oak “ |
2 cherry Pedestals |
1 Cherry “ |
1 cherry stand, Brass feet. |
2 Walnut “ |
1 Pier Mirror |
14 Oak “ |
1 Pier Mirror |
1 Table, Brass feet, |
18 chairs |
2 Sofas |
1 Hanging Mirror |
2 Arm-Chairs |
24 Rockers |
2 Chairs |
24 chairs |
1 Library, table |
2 Settle |
1 Arm-chair, Leather |
1 Settle |
1 Small chair, plush |
2 Settles |
1 arm chair |
6 Dressers |
and that the same are now and are to remain the property
of the Robert Mitchell Furniture Company. until same have been fully paid for by
the said Oglethorpe Hotel Company, the terms of payment therefor being that the
purchasers pay $2,077.50 for which one third or $692.50 be paid in cash on June
14th 1888, and the balance, $1385.00 will be paid in four installments,
represented by four notes of the Oglethorpe Hotel Company, all bearing date June
14th 1888, each of the same for $346.45 with interest from date at the rate of
six percent, the first, three months after date, the second, six months after
date, the third, nine months after date, and the fourth, twelve months after
date, and until full payment of each and all of the said promissory notes no
title shall be given to said property, but same shall remain the property of
Robert Mitchell Furniture Company as above,
In Witness whereof, said Oglethorpe Hotel Company has
caused its name to be signed by the Secretary and treasurer
The Oglethorpe Hotel Company by W. E. Kay
Sec & Tr.
Witness
P.A. Morris
A.J. Crovatt (Not Pub. GCGa)
Recorded June 18th 1888 Jno. C.
Lehman Dep Clerk, S.C.
Glynn County, Georgia
Court House Deed Book EE pages 83 to 85; 7 May 1889
State of Georgia }
County of Glynn }
This Indenture made and entered into
on this the seventh day of May, in the year of our Lord one thousand
eight hundred and eighty nine, by and between The Oglethorpe Hotel
Company, a corporation duly created under the laws of the state of
Georgia, and having its chief office in the City of Brunswick, County of
Glynn and State of Georgia, the party of the first part, and Max
Ullman and
William E. Burbage, of the City of
Brunswick, County of Glynn, and the State of Georgia, the parties of the
second part.
Whereas,
Heretofore, to wit, on the 24th day of August 1886, said party of the
first part did sell and convey unto the said parties of the second part,
that tract or parcel of land situated in what is known as the New Town
of the City of Brunswick, Glynn County, Georgia, and known and
designated on the map made by
George R. Baldwin, A.
D. 1837, as New Town lot number one hundred and twenty eight (128) as
and for the total purchase price of Eleven hundred and twenty five
Dollars and which sale was ratified on the 24th day of August 1886, by a
resolution of the Board of Directors of the Oglethorpe Hotel Company,
and which deed was duly delivered, but thereafter and before the record
of same, said deed of conveyance to the said Ullman and
Burbage was lost, and can not now be found, And Whereas, It is
the desire of the said party of the first part, and the said parties of
the second part, that a new deed should be executed ratifying and
confirming the previous sale.
Now
Therefore, In consideration of the premises, and of the sum of Eleven
hundred and twenty five Dollars previously paid by the said parties of
the second part to the said party of the first part, the said party of
the first part does hereby admit that on the 24th day of August 1886, it
did grant, bargain, sell and convey unto the said Ullman
& Burbage, all that certain tract, parcel or lot of
land, situate, lying and being in the City of Brunswick, County of Glynn
and State of Georgia, and known, numbered and designated on the plans of
said City of Brunswick made by George R.
Baldwin, A. D. 1837, as New Town lot number one hundred and
twenty eight (128), at and for a total consideration of Eleven hundred
and twenty five dollars. And does hereby ratify and confirm said act,
and does grant, bargain, sell and convey now unto the said parties of
the second part, their heirs and assigns, forever, all that certain
tract of land heretofore described and set out as New Town lot number
one hundred and twenty eight (128). Together with all and singular the
rights, members and appurtenances unto the same belonging or in any wise
appertaining.
To have and
to hold the said above described and bargained lot of land unto the said
parties of the second part, their heirs and assigns, forever in fee
simple.
And, the said
party of the first part and for itself, its successors and assigns, will
warrant and forever defend the title to the above described and
bargained lot of land, unto the said parties of the second party, their
heirs, executors and administrators, against the claims of itself, and
of all persons claiming by, through or under it, and against the claim
of each and any other person or persons whomsoever claiming or to claim
the same.
In Witness
whereof, The said party of the first part has caused its corporate name
to be hereunto affixed by its President, W. E. Burbage,
and attested under its corporate seal by its Secretary W. E. Kay,
under and by virtue of a resolution of its Board of Directors passed on
the 24th day of August 1886, approving said sale, this the day and year
first above written.
The Oglethorpe Hotel
Company by
W. E. Burbage President
Attest: W. E. Kay Secretary
Signed, Sealed and
delivered in presence of:
F.E. Cunningham
C.F. Way Notary Public Glynn County Ga.
Recorded this June 12th 1889 H.L. Harvey
Dep. Clerk S.C.G.C.
Glynn County Georgia
Deed Book LL pages 447 & 448; 12 January 1893
State of Georgia
Bibb County
Under and by order of a Decree of The United States Circuit Court for The
Eastern Division of The Southern District of Georgia, made on the 12th day of
January in The Year of Our Lord One Thousand eight hundred and ninety three in
the case of the Farmers Loan and Trust Company complainant against The
Oglethorpe Hotel Company and others defendant, after having advertised the
property hereinafter more fully set forth and described in pursuance of orders
passed by the Court, we the undersigned Alexander
Proudfit, as Receiver, and
Alexander Proudfit and James
N Talley, as Master Commissioners, appointed by the Court did
on the 6th day of February 1894, between the legal hours of sale, before the
Courthouse doors in he City of Brunswick, expose said property for sale where
the same was knocked down to John E.
Du Bignon as the highest and best bidder, for the sum
of Twenty One Thousand Dollars ($21,000) and said John
E. Du
Bignon purchaser of said property having complied with
all the terms of said sale, and said sale having been submitted to the presiding
Judge of said Court, The Honorable Emory
Speer. The same confirmed on the 21st day of February 1894 and
the men were directed to convey the said property hereinafter described to the
purchasers thereof:
Now this
Indenture made this the fifteenth (15) day of March, in the year of our Lord one
thousand eight-hundred and ninety four 1894 between Alexander
Proudfit, as Receiver appointed by the Court-in the above
stated case, and Alexander
Proudfit
and James N. Talley, as
Master Commissioners, for and in consideration of the sum of Twenty One Thousand
Dollars ($21,000) cash in hand paid to them, the receipt of which is hereby
acknowledged, hath bargained, sold, aligned, conveyed and confirmed, and doth by
these present grant, bargain, sell, align, convey and confirm unto the said
John E. Du Bignon, of Glynn County,
Georgia, his heirs and assigns, all of the following described property to wit:
All of the
real estate and personal property belonging to the Oglethorpe Hotel Company,
consisting of lots of land in the New Town of the City of Brunswick, Glynn
County, Georgia. Known in the plan of said City of Brunswick made by
George
R. Baldwin civil engineer in 1837, as lots
sixty two (62) sixty three (63) sixty four (64) sixty five (65) sixty six (66)
sixty seven (67) sixty eight (68) sixty nine (69) seventy (70) seventy one (71)
and one hundred and eighteen (118) and one hundred and nineteen (119) one
hundred and twenty (120) one hundred and twenty one (121) one hundred and twenty
two (122) one hundred and twenty three (123) one hundred and twenty four (124)
one hundred and twenty five (125) one hundred and twenty six (126) one hundred
and twenty seven (127) forming a parallelogram three hundred and fifteen (315)
feet by three hundred (300) feet and bounded on the north by New town lot number
seventy-two (72) and the properties of an alley between said lot number seventy
two (72) and New Town lot number one hundred and twenty eight (128) and by New
Town lot number one hundred and twenty eight (128) and on the east by A Street,
on the south by F Street, on the west by W Street and the Hotel building
thereon.
And all the
personal property of every kind and description in said Oglethorpe Hotel, a full
and complete list of the same is fully set forth in the inventory of file in the
United States Circuit Court Clerk for the Eastern Division of the Southern
District of Georgia, to which reference is made. Reference is hereby made to the
decree of the Court passed in said case, and to the advertisement of sale copies
of which are hereto attached and the same are made part of this conveyance.
To Have and
to Hold the said described real and personal property with all the rights,
members and appurtenances thereunto appertaining and belonging to the only
proper use, benefit and behoof of the said John E Du
Bignon, his heirs and assigns, forever in fee simple in as full
and ample a manner as the said Oglethorpe Hotel Company possessed and enjoyed
the same.
In Testimony
whereof, the said Alexander Proudfit, Receiver
and the said
Alexander Proudfit
and James N. Talley as Master
Commissioners have hereunto set our hands and affixed our seals the day and year
first above written.
Alexander
Proudfit Rec’r
Alexander Proudfit Master Comm.
James N Talley master Comm.
Signed, sealed and
delivered in presence of
R C Jordan
W D Nottingham Notary Public Bibb, Co. Ga.
Recorded May 5th 1894
W.H. Rainey Deputy C. L. C.
|