Now this indenture witnesseth that for and in consideration of the sum of one hundred and sixty-nine pounds of good and lawful money of the province of New York, well and truly paid by the said Benjamin Smith which is his proportionable part or share of money paid for the above said tract of laud ; we the said Caleb Fowler and Joseph Sutton doth acknowledge by these presents and therefore by these presents, give, grant and release unto him the said Benjamin Smith, his heirs and assigns, all that certain part of the above recited tract of land containing four huudred acres, two hundred and twelve acres where he the said Benjamin Smith now lives and one hundred and eighty-eight acres at Shapequau where his son, Abel Smith, now lives, all situate and being in the above said Patent, and also his equal share iu all and every part and parcell of the above said tract of land which was purchased as above said wliich we have now in possession and that may be found belonging to the said West Patent of North Castle. To have and to hold, &c. , Caleb Fowler,

Sealed and delivered in the presence of Joseph Sutton.

Caleb Haight, John Niles,

Proved 16th October, 1770."»

On the 26th of April, 1770, Abel Smith, of the West Patent of North Castle, conveyed to Benjamin Smith of the said Patent for the sum of ^340. "all that certain piece or lott of land situate, lying and being in the above said Patent bounded as followeth : Beginning at the northwest corner of the north end of the ten acres which I the said Abel Smith sold to Benjamin Smith, the younger, lying on the east side of the road that leads from Joseph Sutton to Benjamin Kipps and running northward along the east side of said road till it comes to the partition line between the lott of land herein conveyed and the land of Joseph Sutton, then eastward and northward along said partition line to a certain walnut tree standing at a corner, then eastward on a straight corse to a certain black oak tree with a stone in a crotch of said tree, &c."6