336 Assignment of Thomas Danfort’s Gift

    [September 6 1726]

    To all People unto whom these presents shall come Francis Foxcroft of Cambridge in the County of Middlesex in New England Esq. sole Acting Executor of the last Will and Testament of the Honorable Thomas Danforth late of the same place Esq. deceased sendeth Greeting—

    Whereas the said Thomas Danforth in and by a Codicil annexed to his last Will and Testament, duly Proved Approved and Allowed Did Give to Harvard College in Cambridge aforesaid three Tenements on Lease to Benjamin Whitney, John Whitney, and Isaac Bowen situate at Framingham, on such Conditions as he should mention and whereas the said Thomas Danforth signified under his hand his Disposition of the said Estate in the words following vis:

    “To Harvard College in Cambridge

    “On Condition hereafternamed, I do Give, and when they have a President setled will Confirm by Deed those three Tenements at Framingham now in Lease to Benjamin Whitney, Isaac Bowen, and John Whitney as in their Leases is Contained To Have and to Hold the same Forever To their only use and behoof—The Conditions are as followeth i.e.

    1. 1 “That the Annual Rents thereof shall be For the Support of such student as shall from time to time use and improve one of the studys in the New Lodgings erected by Mr. Stoughton.
    2. 2 That the Nomination of said Person shall be by my Heirs resident in said Province.
    3. 3 That such Student shall be Exempted from paying of Study rent and Detriment.
    4. 4 If said Lodgings shall not be from time to time let and kept in good repair; or if any Prelatical Injunctions shall be imposed on said Society, that in such Case this my Gift shall Revert to my Heirs.

    I shall advise of a meet Person for such an instrument, as soon as the College is setled.

    T. D.

    which Conditional Gift was all of it the proper hand Writing of the said Thomas Danforth. Now Know Ye That I the beforenamed Francis Foxcroft as Executor to the last Will and Testament of the said Thomas Danforth and Codicil annexed, pursuant to the Trust reposed in me, To the intent the Mind and Will of the said Testator may stand, and in Consideration that the Reverend Mr. Benjamin Wadsworth President, and also the Fellows of the said College have signified their willingness to accept of the Gift of the said Thomas Danforth under the Conditions before Expressed. Have granted assigned and made over, and by these presents Doe, so far as I may or ought in my aforesaid capacity, Grant Assign and sett over unto the Venerable President and Fellows of Harvard College aforesaid the aforementioned Three Tenements and Lands in Framingham in the County of Middlesex aforesaid, Leased to the said Benjamin Whitney, Isaac Bowin, and John Whitney as afore expressed To Have and to Hold the said Tenements and Lands under Lease as aforesaid with the rents issues and profits thereof unto the said President and Fellows of Harvard College and to their Successors in those Stations forever. To the Uses, and Subject to the Conditions, and under the restrictions and Limitations mentioned by the said Thomas Danforth in his Will or Codicil thereto annexed, and before mentioned expressed and Declared under his hand as aforesaid And to no other use intent and purpose whatsoever. But upon failure of the Conditions being observed and kept, then the Gift of the Testator to Revert to his Heirs, as he hath expressly Provided. In Witness whereof I the said Francis Foxcroft as Executor aforesaid have hereunto set my hand and seal this sixth day of September in the thirteenth year of the Reign of our Sovereign Lord King George Annoq Domini One thousand seven hundred and twenty six.

    Signed Sealed and Delivered in presence of us

    F. Foxcroft—

    Thaddeus Mason

    Middlesex Ss Cambridge October 22 1726

    Christopher Bridge

    Francis Foxcroft Esq. the Subscriber of the foregoing instrument acknowledged the same to be his free act and Deed Before

    Francis Foxcroft Junior Register

    Middlesex Ss Cambridge January 16, 1773. Received and entred in the Registry of Deeds Book 74, pl. 51.

    Attest John Foxcroft Register

    Wills, Gifts and Grants, p. 11. Foxcroft first broached this matter in 1724; see No. 309.