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Robert Treat Paine Papers, Volume 2

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From Samuel Fitch
Fitch, Samuel RTP
Boston March 28th 1765 Dr. Sir,

Capt. Cobb hath at last put his affair with us upon the footing as youll See by the Deeds. He has given Two Deeds of Mortgage of all his Esta. at Attleborough & the 100 acres at Taunton.1 I shd. be greatly obliged to you to se the Deeds duly Executed & the Bonds: I have left Blanks in all four day of the Month, which you will Se fill'd up, & make them agree one with the other. They shd. all be of the same Date: & shd. Choose you wd. be a witness also to the Executing the Deeds & bonds: & upon their being returned to me will deliver Capt Cobb the other Bond & Acct. Discharged. Shd. also be Obliged to you to Inform me if the Description of the Attlebo. Este. is right & to Examine the Records & Se if all is Clear of Incumbrance both that at Attlebo. & Taunton & send a Certificate thereof from the Register. It is Agreed that the Deeds shall both go upon Record, but with the Secrecy we talk'd of which I must get you to manage with the Register taking Care however that all is authentick. I shd. Choose that the Register shd. receive the Deeds & Note them for Record & allso Certify upon the back of each that they are Recorded, which & the page & Book wherein, which he may do without Entring them at length imediately. Thus let him take Copies of the Deeds Compared by himself & begin the Record as far as till he comes to the Names, then stop but leave Blank pages Sufficient to Contain them, which he Can fill up at any Time from the Copies by him, & return me the originals by Cobb certified as above; but if he Scruples this, then let him only note them on the back as recd. for Record, & ask a Day & give a Rect. for them as thus recd. which please to Send me by Capt. Cobb. I need say no more you to my Intent. I am Sr. Your humble Servt.

SAML. FITCH

RC ; addressed: "To Robt. Treat Pain Esqr. In Taunton"; endorsed.

327 1.

Both properties were included in a single mortgage with Charles Ward Apthorp of New York City for £2456.5.10 and encompassed 100 acres in Taunton plus his 200-acre estate in Attleborough "Together with the Dwelling house where in I now Live with the out Kitchen Shop and out houses Thereto belonging and another Dwelling house for workmen; with an Iron works and forge with Three fires with all the Tools & Utensills Thereto belonging also a Cow House Pigg house a macchine for waighing with scats & weights a Barn chaise house and all other Buildings on sd. premises and also the Stream on which said Iron works stand with the pond and the Previlidge of Raisering and flowing of the same which I now have or ought to have." The deed was signed March 30, 1765, with RTP as a witness and with a discharge date of Aug. 1, 1767 (Bristol Co. Deeds 47:348).

No discharge for this mortgage is recorded, although Cobb in the Bristol Inferior Court of March 1777 received a judgment against Apthorp for £768.12.6, plus costs for debt (Bristol Co. Deeds 57:191).

From Richard Smith
Smith, Richard RTP
Philaa. April 3d. 1765 Respectd. Friend R.T. Pain Esq;

I Reced. thine of Decemb. 28. 17641but yesterday & that by mere Accident Being Left by some Person (att a Tavern) who had been all Winter in Virginia, therefore Could not Answer it Before, the Orders I Reced. from Nathl. White I transmited to thee were the Verry order letter he Gave me himself for Insuring the Vessell & goods. I Believe he Wrote It himself for he first Desir'd me Insure Verbally but I told him he had Better put Down in Writing what he would have done on the Vessell & what on the Goods, he went away, and Brought me that Verry Writing I sent thee, & is the only order I had & what was looked on Sufficient Among Merchts. had I had any Suspicion it would have been Questiond as Aunthentick shod. have taken Care to had it Evidenced wch. by the Way Would have been Verry Odd for a letter.

I now Transmitt the Original Pollicys as I Paid for the Insurance Done & Beg thy Care of them, I think no Person Would have Suspected any fraud or Design in what I have Sent Unless they have Been Guilty of fraud themselves, And Wonder (Inter nos) the Judge Could not have Appointed men in this affair of an Unsullied Reputation. I Believe such Usage as I've Mett with from ungratefull People in a Country I've Ever Admir'd will make me hate Even the name thereof. I am with much Esteem thy Freind.

RICH. SMITH

P.S. (The vessel Just going Cant add)

328

RC ; addressed: "To Robert Treat Paine, Esqr. In Taunton N.E"; endorsed.

1.

Not located.