Food Basket

Will dated Jan. 14, 1689/90, inventory Mar. 10, 1689/90, exhibited Apr. 15, 1690. Thomas Patten gives his wife Sarah half his dwelling house and barn with the orchard for her widowhood, and directs that "my sons William and Kendall shall have their portions out of my homestead with suitable meadow to it," William to stay with his mother until he is twenty-one; his eldest son Thomas takes the second-division lot and meadows, Nathaniel the land at Loes Plain. The inventory begins "the house barn & orchard, about one acre of land," with seven acres behind Samuel Frosts house, and lists a quarter part of a saw mill. Hazen places Thomas Pattens house west of Long Street and his son Deacon William "near the corner"; that Williams homestead grew out of this portion is the most likely reading but is not stated in any deed. Papers read, pages 1-4.

• 1730 Administration: Estate of Deacon William Patten of Billerica, intestate (died at Cambridge, 1730) to Thomas Patten, administrator; the widow Elizabeth and the children (Probate #17041) (Williams portion of his fathers homestead (by the will and Hazen))

Deacon William Patten, the towns representative, died of smallpox at Cambridge in April 1730 while the General Court sat there. His son Thomas Patten administered; the personal inventory was taken Dec. 25, 1730. The account of 1731-32 charges "the improvement of the Real Estate one year" and a payment to "Eliz. Patten, the widow of ye deced for quitclaiming her Right of Dower in said Estate it being an agreement made between ye widow & the heirs being all of age," 106 pounds. Papers read, pages 2-9.

• 1690 Will: Thomas Patten of Billerica to His widow Sarah (half the dwelling house for her widowhood); sons William and Kendall (their portions out of the homestead); eldest son Thomas and son Nathaniel (other lands) (Probate #17030) (Williams portion of his fathers homestead (by the will and Hazen))

• December 13, 1731 Heirs Quitclaim: William Patten, Mary Patten, Jacob and Rebecca Danforth, Mehetabel Patten, of Billerica, and Jacob and Sarah Taylor and Joseph and Elizabeth Taylor, of Concord (heirs of Deacon William Patten) to Thomas Patten of Billerica, their brother (32/181) (heirs of William Patten)

Dated Dec. 8, acknowledged Dec. 10, recorded Dec. 13, 1731. For 130 pounds to each, the brothers and sisters quitclaim to "our Brother Thomas Patten of Billerica" all their right in "the Estate Real both of Lands and Tenements of Deacon William Patten late of Billerica Decd which he died seized of lying ... within the Limits of the Town of said Billerica." Witnesses Rebekah Farley and Thomas Kidder. With the widows dower bought out the same year (Middlesex South 32/439), Thomas held the whole Patten homestead. Billerica town book 3, pages 298-299.

• 1730 Administration: Estate of Deacon William Patten of Billerica, intestate (died at Cambridge, 1730) to Thomas Patten, administrator; the widow Elizabeth and the children (Probate #17041) (heirs of William Patten)

• 1747 Administration and Division: Estate of Thomas Patten of Billerica, cooper, intestate to William Patten, eldest son (the homestead); Thomas Patten, second son (18 acres); the widow Hannah (later Hannah Stickney) and the other children (Probate #17031) (Thomas held under the 1731 quitclaim)

Thomas Patten died in 1747; Jeremiah Abbot, then the widow Hannah, administered. The inventory of Oct. 28, 1747 begins with "the Home Stead About Twenty Seven acres & three quarters with the Buildings thereon standing bounded East & North by the high way west by Concord River & South by the land of Oliver Farmer," 1,100 pounds old tenor, with 18 acres near it by Ensign Sheds land, also running to the river. The accounts of 1749 pay for 132 squares of glass, window frames, boards and clapboards "all used about ye house." The real estate inventory of Feb. 4, 1754 describes "the Homestead Containing about forty one acres Bounded East and north on the Road that leads from Billerica to Chelmsford, west on Concord River, South on the Land of Oliver Farmer ... Together with all the buildings," and the committee settled it on William, the eldest son, the 18 acres north of "the Bridge Lane" going to the second son Thomas. Papers read, pages 2-17.

• December 13, 1731 Heirs Quitclaim: William Patten, Mary Patten, Jacob and Rebecca Danforth, Mehetabel Patten, of Billerica, and Jacob and Sarah Taylor and Joseph and Elizabeth Taylor, of Concord (heirs of Deacon William Patten) to Thomas Patten of Billerica, their brother (32/181) (Thomas held under the 1731 quitclaim)

• June 28, 1769 Deed: Thomas Patten of Boston, sadler to Isaac Foster of Billerica, joiner (69/331) (the 18 acres set off to Thomas Patten in his father's estate)
• 1801 Will: William Patten of Billerica, yeoman to Jeremiah Patten, his son (the residue, including the homestead), executor; the widow Rebecca (dower) (Probate #17043) (homestead settled on William in 1754)

Will dated Apr. 3, 1800, proved in 1801 with the assent of the widow Rebecca and the heirs (Aug. 4, 1801). After legacies to his sons William, Josiah, Jonathan, Thomas and David and his daughters, William Patten gives "all the rest of my estate, both real and personal" to his son Jeremiah, sole executor, and his desk as well. Witnesses Henry Cumings, Edward Farmer and Timothy Foster. Papers read, pages 2-5.

• 1747 Administration and Division: Estate of Thomas Patten of Billerica, cooper, intestate to William Patten, eldest son (the homestead); Thomas Patten, second son (18 acres); the widow Hannah (later Hannah Stickney) and the other children (Probate #17031) (homestead settled on William in 1754)

• 1815 Administration: Estate of Deacon Jeremiah Patten of Billerica, intestate to Joseph Locke, administrator; Hannah Patten, widow (dower); daughters Abigail, Julia Ann and Hannah (Probate #17001) (Jeremiah took the residue under the will)

Jeremiah Patten died intestate early in 1815; his widow Hannah declined and Joseph Locke was appointed administrator Feb. 28, 1815. The inventory of Apr. 13, 1815 begins with "The Homestead of said deceased situated in said Billerica containing about 26 Acres with the Buildings thereon," $1,850, followed by the Whiting place with buildings, the Foster, Spaulding and Pollard lots, Gilson Hill and shares of the Rogers lot, Dean field and Barrot field; the widow petitioned for her dower in October 1815. Papers read, pages 2-9 and 12-15.

• 1801 Will: William Patten of Billerica, yeoman to Jeremiah Patten, his son (the residue, including the homestead), executor; the widow Rebecca (dower) (Probate #17043) (Jeremiah took the residue under the will)

• June 14, 1819 Guardian's Deed: Josiah Crosby Jr., guardian of Abigail, Julia Ann and Hannah Patten, minor heirs of Jeremiah Patten to Josiah Stevens (one half); Joseph S. Porter, John P. Stone and Samuel S. Reynolds, Porter, Stone and Co. (one half) (229/393) (guardians sale of Jeremiah Pattens land)

Josiah Crosby Jr. of Billerica, Esquire, "guardian of Abigail Patten Julia Ann Patten and Hannah Patten minor heirs of Jeremiah Patten late of said Billerica yeoman deceased intestate," licensed by the Supreme Judicial Court at Concord in March 1819, sold at public vendue on April 24, 1819 "one undivided half of the following tract of land being part of the real estate of said deceased to Josiah Stevens of said Billerica gentleman and the other undivided half to Joseph S. Porter John P. Stone and Samuel S. Reynolds copartners in business under the firm of Porter Stone and Co.," for $1,400: "thirty acres of land be the same more or less situated in said Billerica bounded easterly on Boston road southerly on the widow Hannah Pattens dower westerly on Concord river and northerly on land of Samuel Bowers in part and partly on land of Rebecca Wier with a dwelling house and barn thereon." Dated April 25, 1819. Billerica town book 12, pages 155-157.

• 1815 Administration: Estate of Deacon Jeremiah Patten of Billerica, intestate to Joseph Locke, administrator; Hannah Patten, widow (dower); daughters Abigail, Julia Ann and Hannah (Probate #17001) (guardians sale of Jeremiah Pattens land)

• 1819 Warranty: Joseph S. Porter, John P. Stone and Samuel S. Reynolds (Porter, Stone and Co.) to Josiah Crosby Jr. (229/405) (Porter, Stone and Co.'s half)

Porter, Stone and Co. sold to Josiah Crosby Jr. of Billerica, Esquire, for $700 "one undivided half of thirty acres of land situated in said Billerica," bounded easterly on Boston road, southerly on the widow Hannah Patten's dower, westerly on Concord river and northerly by Samuel Bowers and Rebecca Wier, "with a dwelling house and barn thereon," the half they had just bought at the guardian's auction. Billerica town book 12, page 157 and following.

• June 14, 1819 Guardian's Deed: Josiah Crosby Jr., guardian of Abigail, Julia Ann and Hannah Patten, minor heirs of Jeremiah Patten to Josiah Stevens (one half); Joseph S. Porter, John P. Stone and Samuel S. Reynolds, Porter, Stone and Co. (one half) (229/393) (Porter, Stone and Co.'s half)

• June 24, 1831 Assignments of Mortgage: Josiah Crosby, Esquire (and in 1829 Joseph Locke, executor of Hannah Patten) to Josiah Stevens of Billerica, gentleman (and Hannah Patten, widow) (305/299) (Crosby assigns the Porter Stone half to Stevens)

Dated Apr. 25, 1819, acknowledged Aug. 23, recorded Oct. 8, 1819. To secure $630 in five yearly payments of $126, Stevens mortgages the whole "thirty acres ... bounded easterly on Boston road southerly on the widow Hannah Pattens dower westerly on Concord river and northerly on land of Samuel Bowers in part and partly on land of Rebecca Wier with a dwelling house and barn thereon." The margin notes its assignment to Hannah Patten and its release by her executor (Middlesex South 305/299). Billerica town book 13, pages 122-123.

• June 14, 1819 Guardian's Deed: Josiah Crosby Jr., guardian of Abigail, Julia Ann and Hannah Patten, minor heirs of Jeremiah Patten to Josiah Stevens (one half); Joseph S. Porter, John P. Stone and Samuel S. Reynolds, Porter, Stone and Co. (one half) (229/393) (purchase-money mortgage by Stevens)

On an execution in favor of Josiah Stevens against John P. Stone, the deputy sheriff took and sold at auction on February 28, 1826, "at the house of Josiah Stevens," for $225 to Stevens, the highest bidder, Stone's right in equity of redemption of "One undivided third part of one half of the Patten place so called bounded easterly on the Boston road southerly on the widow Hannah Pattens dower, westerly on Concord River and northerly on land of Samuel Bowers" and of the late Rebecca Wier, subject to the mortgage of April 25, 1819 by Stone, Joseph S. Porter and Samuel S. Reynolds to Josiah Crosby Jr. Signed February 28, acknowledged and recorded April 24-25, 1826. Billerica town book 13, pages 396-397.

• 1819 Warranty: Joseph S. Porter, John P. Stone and Samuel S. Reynolds (Porter, Stone and Co.) to Josiah Crosby Jr. (229/405) (Stone's share of the Porter, Stone and Co. half)

For $500, "all our right title and interest in and to one undivided half of thirty acres of land" in Billerica "bounded easterly on Boston road southerly on the widow Hannah Pattens dower westerly on Concord river and northerly on land of Samuel Bowers in part and partly on land now or lately of Rebecca Wier, with a dwelling house and barn thereon, being the same mortgaged by us together with John P. Stone to Josiah Crosby" on April 25, 1819. Signed October 18, acknowledged October 19, 1826 before Marshall Preston. With this deed and the sheriff's sale of Stone's share, Stevens held the whole Patten place. Billerica town book 15, pages 438-439.

• 1819 Warranty: Joseph S. Porter, John P. Stone and Samuel S. Reynolds (Porter, Stone and Co.) to Josiah Crosby Jr. (229/405) (the Porter and Reynolds shares of the same half)

Two instruments recorded together on June 24, 1831. On Mar. 10, 1826 Josiah Crosby, for $700, assigned to Josiah Stevens "all my right title and interest ... in and unto the within deed of mortgage & all interest in the premises within to me conveyed," that is, the undivided half he had bought from Porter, Stone and Co. in 1819; the same day he assigned Stevenss own 1819 mortgage to the widow Hannah Patten for $600, and on Mar. 21, 1829 her executor Joseph Locke released and discharged it to Stevens for $120.83. From 1826 Josiah Stevens held the whole thirty acre Patten place. Billerica town book 14, pages 418-419.

• 1819 Warranty: Joseph S. Porter, John P. Stone and Samuel S. Reynolds (Porter, Stone and Co.) to Josiah Crosby Jr. (229/405) (Crosby assigns the Porter Stone half to Stevens)

• 1840 Administration: Estate of Josiah Stevens of Billerica, intestate to Marshall Preston, administrator; Abigail Stevens, widow, and the children (Probate #42319) (Stevens held the whole from 1826)

Josiah Stevens died intestate about January 1840; his widow Abigail and children John and Judith F. declined, and Marshall Preston was appointed administrator Feb. 11, 1840, and licensed in April 1840 to sell real estate to pay $7,338.16 of debts. Papers read, pages 2-5.

• June 24, 1831 Assignments of Mortgage: Josiah Crosby, Esquire (and in 1829 Joseph Locke, executor of Hannah Patten) to Josiah Stevens of Billerica, gentleman (and Hannah Patten, widow) (305/299) (Stevens held the whole from 1826)

• June 2, 1840 Administrators Deed (equity of redemption): Marshall Preston, administrator of Josiah Stevens to George Holden of Billerica, gentleman (394/25) (administrators sale)
• June 3, 1840 Administrator's Deed: Marshall Preston of Billerica, administrator of Josiah Stevens late of Billerica, gentleman to Abigail Stevens of Billerica, widow (394/56) (administrator sale under the license)

• March 9, 1841 Quitclaim: Benjamin F. Varnum of Dracut, Esquire (wife Caroline releasing dower) to Josiah Stevens of Billerica, gentleman (400/298) (Stevens died here about January 1840)

Sold at auction May 18, 1840, acknowledged May 26 and recorded June 2, 1840. For $5, "the right in equity to redeem" two mortgaged parcels of the Stevens estate: "The Parker Place so called and the Patten Place so called adjoining both containing thirty nine acres," beginning at the south-east corner of the Patten Place at the great Boston road and land of Benjamin Spaulding, west by Spaulding to the Concord River, north-east by the river to the deceaseds Mann Place, north by the Mann Place to the road from the Corner Bridge to Salem, and back by Forbush, Davis, the Wier Place and the Boston road, excepting the public highway through it; with the Farmer Place and Whites lot, 60 acres. Billerica town book 16, pages 377-379.

• 1840 Administration: Estate of Josiah Stevens of Billerica, intestate to Marshall Preston, administrator; Abigail Stevens, widow, and the children (Probate #42319) (administrators sale)

• June 3, 1840 Warranty: George Holden of Billerica, gentleman to George Rice of Boston, grocer (394/54) (Holden resells the Patten Place)
• June 3, 1840 Warranty Deed: George Holden of Billerica, gentleman to Harvey Crosby of Billerica, yeoman (394/59)

Dated May 18, acknowledged in Suffolk and recorded June 3, 1840. For $1,700, "a certain farm situate in said Billerica late the property of Josiah Stevens decd called his Patten Place consisting of two several tracts of land": the first from the great Boston road at Benjamin Spauldings corner west by Spaulding to the Concord River, north-east by the river to Stevenss "Parker Place," east to "the new public highway" and south by it to the start; the second east of the new highway, from "the fork of the roads" to the Parker Place and the Weir Place; "with all the buildings on the above premises standing, both tracts containing twenty eight acres." The new line of the Boston road had already cut the place in two, and the house stood on the river side. Rice mortgaged it back for $1,700 the same day (discharged 1847). Billerica town book 16, pages 384-387.

• June 2, 1840 Administrators Deed (equity of redemption): Marshall Preston, administrator of Josiah Stevens to George Holden of Billerica, gentleman (394/25) (Holden resells the Patten Place)

• 1842 Quitclaim: George Rice of Boston, merchant to William D. Mason of Newton, machinist (414/316) (same two tracts)

For $1,725, "a certain farm situated in Billerica ... late the property of Josiah Stevens deceased called his Patten Place consisting of two several tracts of land," bounded as in the 1840 deed from the great Boston road at Benjamin Spauldings land to the Concord River and on both sides of the new highway. Billerica town book 17, pages 273-274.

• June 3, 1840 Warranty: George Holden of Billerica, gentleman to George Rice of Boston, grocer (394/54) (same two tracts)

• November 29, 1848 Warranty: William D. Mason of Billerica, yeoman, and Mary Ann Mason (dower) to Luther W. Faulkner of Billerica, manufacturer (547/357) (five acres cut from Masons land)
• October 24, 1863 Deed: William D. Mason of Billerica to Thomas Brennan of Lowell (33/580)

For $2,500, "my homestead farm situated in said Billerica, consisting of two several tracts of land": the first from the great Boston road at Rufus K. Underhill's land, by Underhill and Benjamin Spalding to the Concord River, by the river to Harvey Crosby and by Crosby back to the Boston road; the second "beginning at the southerly corner on said Boston road, at a stone bound," by the road to Bernard McCann, by McCann and one Cowdry to Rufus K. Russell, by Russell to "the Boston road which leads to North Billerica" and by that road back to the start, "with all the buildings on the above premises standing. Both tracts containing twenty-three acres more or less," to be held as a homestead. Dated October 24, 1863. The second tract, between the new and old Boston roads, is the land of 312 and 314 Boston Road. A $2,500 purchase-money mortgage back to Mason (Book 33, Page 582) was discharged March 17, 1864.

• 1842 Quitclaim: George Rice of Boston, merchant to William D. Mason of Newton, machinist (414/316)

• March 18, 1864 Deed: Thomas Brennan of Billerica (Ann Brennan releasing dower and homestead) to Annie C. Brennan of the city and state of New York (37/219)

For $2,500, "a certain farm with the buildings thereon" in Billerica, the same two tracts, "Being the same premises conveyed to me by Wm. D. Mason, by his deed dated Oct. 24, A.D. 1863." Signed March 17, 1864. Recorded on the same page as William D. Mason's release of Brennan's mortgage of October 24, 1863 (Book 33, Page 582), also March 17, 1864.

• October 24, 1863 Deed: William D. Mason of Billerica to Thomas Brennan of Lowell (33/580)

• March 1, 1876 Quitclaim: Thomas Brennan Jr., Richard Brennan, Ellen (Nellie) Brennan, Margaret Shea and Eliza Brennan, children of Thomas Brennan Sr., heirs at law under the will of Annie C. Brennan late of New York City to Thomas Brennan Sr. of Billerica (115/567)

The children and heirs of Annie C. Brennan quitclaim to their father "a certain farm with the buildings thereon situated in the town of Billerica aforesaid. Being the same upon which he now lives and occupies," in the same two tracts by the great Boston road, Underhill, Spalding, the Concord River, Harvey Crosby, Bernard McCann, Cowdry, Rufus K. Russell and "the Boston road which leads to North Billerica," "being the same premises conveyed by the said Thomas Brennan to the said Annie C. Brennan by his deed dated March 17th A.D. 1864," Book 37, Page 219. Dated January 17, 1876.

• March 18, 1864 Deed: Thomas Brennan of Billerica (Ann Brennan releasing dower and homestead) to Annie C. Brennan of the city and state of New York (37/219)

• July 3, 1876 Warranty Deed: Thomas Brennan Sr. of Billerica (Ann Brennan releasing dower and homestead) to Maria N. Brown, wife of Alfred Brown of Lowell (119/30)

For $3,000, "a certain farm in said Billerica consisting of two tracts of land with the buildings thereon," the same two tracts, "Being the same premises conveyed to me by deed of Thomas Brennan Jr. et al. dated January 17th A.D. 1876," Book 115, Page 567. Signed July 3, 1876 (the 1920 deeds call it July 5). This is the beginning of the Brown homestead that gave Brown's Corner its name.

• March 1, 1876 Quitclaim: Thomas Brennan Jr., Richard Brennan, Ellen (Nellie) Brennan, Margaret Shea and Eliza Brennan, children of Thomas Brennan Sr., heirs at law under the will of Annie C. Brennan late of New York City to Thomas Brennan Sr. of Billerica (115/567)

• May 10, 1920 Executor's Deed: Burton O. Sanford of Billerica, Executor of the will of Alfred Brown to Sabina G. Twombly of Billerica (626/226)

To secure $2,000, "a certain farm in Billerica ... consisting of two tracts of land with the buildings thereon," the same bounds. Discharged by Pinney on January 5, 1885, by an instrument recorded in Book 171, Page 442.

• July 3, 1876 Warranty Deed: Thomas Brennan Sr. of Billerica (Ann Brennan releasing dower and homestead) to Maria N. Brown, wife of Alfred Brown of Lowell (119/30) (mortgage by the grantee)

To secure $1,500 in one year at five and a half percent, "a certain farm in said Billerica consisting of two tracts of land with the buildings thereon," the same bounds, "being the same premises conveyed by Thomas Brennan Sr. to Maria N. Brown deceased, who at the time of her decease was the wife of the said Alfred Brown." The buildings were to be insured for $1,500. Recorded after Alden Pinney's discharge of the 1876 mortgage on the same page. The margin cites a release in Book 435, Page 406 and a discharge in Book 572, Page 652. Maria N. Brown had died by January 1885 and Alfred Brown held the farm until his death.

• July 3, 1876 Warranty Deed: Thomas Brennan Sr. of Billerica (Ann Brennan releasing dower and homestead) to Maria N. Brown, wife of Alfred Brown of Lowell (119/30) (Maria N. Brown having died, her husband mortgages the farm)

The land with the buildings bounded southwesterly by Boston Road 550 feet, southerly by "Brown's Square, so called," 60 feet, southeasterly by "the road leading from Billerica Centre to North Billerica" 450 feet and northerly by land of Leonard Blood 300 feet, "being the homestead of the late Alfred and Mary S. Brown and all and the same premises conveyed to me by said Trust deed." Signed February 13, acknowledged May 5, 1920. The opening of the deed, on page 225, is not legible in the registry scan.

• July 3, 1876 Warranty Deed: Thomas Brennan Sr. of Billerica (Ann Brennan releasing dower and homestead) to Maria N. Brown, wife of Alfred Brown of Lowell (119/30) (the trustee's deed of the same Brown homestead)

For $5,000, the same land with the buildings, by Boston Road, Brown's Square, the road from Billerica Centre to North Billerica and Leonard Blood, "the homestead of the late Alfred and Mary S. Brown," "a part of the second parcel described in a deed from Thomas Brennan Senior, to Maria N. Brown dated July 5, 1876," Book 119, Page 30. Subject to the 1918 and 1919 taxes. Signed February 13, acknowledged March 1, 1920 before Warren W. Fox.

• July 3, 1876 Warranty Deed: Thomas Brennan Sr. of Billerica (Ann Brennan releasing dower and homestead) to Maria N. Brown, wife of Alfred Brown of Lowell (119/30)

• May 6, 1935 Quitclaim: Daniel E. Callahan of Billerica, unmarried to Elizabeth E. Callahan of Billerica (862/37)

"All our right, title and interest" in the same land with the buildings, "the homestead of the late Alfred and Mary S. Brown." The heirs are described as "all the heirs-at-law of Mary S. Brown, wife of Alfred Brown, late of Billerica, Massachusetts, living at the decease of said Alfred Brown and all the devisees under the will of said Alfred Brown"; the grantors were of West Roxbury, Bellows Falls and Saxtons River, Vt., Lowell and West Brattleboro, Vt., and their spouses release dower and curtesy. Dated February 13, 1920.

• July 3, 1876 Warranty Deed: Thomas Brennan Sr. of Billerica (Ann Brennan releasing dower and homestead) to Maria N. Brown, wife of Alfred Brown of Lowell (119/30) (the heirs' quitclaim of the same Brown homestead)

The land with all the buildings, bounded by Boston Road 550 feet, Brown's Square 60 feet, the road from Billerica Centre to North Billerica 450 feet and Leonard Blood 300 feet. "For my title to the above premises see probate record of Sabina G. Twombly duly filed in Middlesex Probate County records; and also deed to her recorded in Middlesex North District Registry of Deeds, Book 626, Page 226." Subject to a mortgage held by the Washington Savings Institution, which the grantee assumes. Signed December 26, the year partly illegible (about 1934); recorded May 6, 1935. The 1940 deed recites it as dated December 20, 1933 and recorded in "Book 832, Page 37," a misprint for 862/37.

• May 10, 1920 Executor's Deed: Burton O. Sanford of Billerica, Executor of the will of Alfred Brown to Sabina G. Twombly of Billerica (626/226)

• February 14, 1940 Administrator's Deed: Edward P. Collins of Billerica, Administrator of the Estate of Elizabeth H. Callahan, also known as Elizabeth E. Callahan to James Gerald McCusker of Billerica (941/366)

Under a license of the Middlesex Probate Court dated February 7, 1940, for $3,000, "A certain parcel of land with the buildings thereon," bounded southwesterly by Boston Road 550 feet, southerly by Brown's Square 60 feet, southeasterly by "the road leading from Billerica Centre to North Billerica" 450 feet and northerly by land now or formerly of Leonard Blood 300 feet. "Being the same premises conveyed to the said Elizabeth H. Callahan ... by Daniel E. Callahan by deed dated December 20, 1933." Subject to the 1940 taxes and water assessments. Signed February 13, 1940. McCusker's title to all of 312 and 314 Boston Road.

• May 6, 1935 Quitclaim: Daniel E. Callahan of Billerica, unmarried to Elizabeth E. Callahan of Billerica (862/37)

• 1960 Will: Estate of James Gerald McCusker of Billerica to Anne H. McCusker, his widow (Probate #354056)

The right to build and maintain a line of one pole with wires "over, across and upon our land situated on the northeasterly side of Boston Road and the southwesterly side of Pollard Street," running about 160 feet northeast from the company's pole 10/114 on Boston Road, with the right to attach "service wires from said pole to buildings now located and to be located" on the land. Dated March 1954. Every later deed of the lot is made subject to this easement.

• February 14, 1940 Administrator's Deed: Edward P. Collins of Billerica, Administrator of the Estate of Elizabeth H. Callahan, also known as Elizabeth E. Callahan to James Gerald McCusker of Billerica (941/366) (easement by the owners)

To secure $51,100 in ten years at five percent, "The land in said Billerica, with the buildings thereon, situated on the northeasterly side of Boston Road and the westerly side of Pollard Street," from a culvert on Pollard Street westerly by the center of a ditch 334.95 feet to Boston Road, by Boston Road 52.47 feet, around Lot B (140, 90 and 108.7 feet), by Boston Road 74.36 feet and by other land of the mortgagor 197.51 feet to Pollard Street, "Containing 46,600 square feet," Lot A on the plan of October 31, 1953 by James B. Monahan (Plan Book 83, Plan 179). Part of the land conveyed by the Callahan administrator in 1940 (Book 941, Page 366). The loan for the new market building.

• February 14, 1940 Administrator's Deed: Edward P. Collins of Billerica, Administrator of the Estate of Elizabeth H. Callahan, also known as Elizabeth E. Callahan to James Gerald McCusker of Billerica (941/366) (mortgage by the owner)

Notice of a lease executed May 5, 1955 of "the store or super market, so-called, located on the easterly side of the Boston Road and the westerly side of Pollard Street," Lot A on Plan Book 83, Plan 179, 46,600 square feet, "Reserving to the Monarch Diner of North Billerica, Inc. the right to use in common with the Lessee for their respective patrons the parking area located on the westerly side of the building" and the land "now leased to said Monarch Diner." Term May 5, 1955 to May 4, 1970, with an option to renew for fifteen years.

• February 14, 1940 Administrator's Deed: Edward P. Collins of Billerica, Administrator of the Estate of Elizabeth H. Callahan, also known as Elizabeth E. Callahan to James Gerald McCusker of Billerica (941/366) (lease by the owner)

Dated July 27, 1957. Amends the lease of May 5, 1955 "of the premises occupied by a supermarket located on the easterly side of the Boston Road and the westerly side of Pollard Street": the renewal becomes an option to "extend," reasonable wear and tear is excepted from the repair covenants, and "The lessee may sublet or assign all or any part of the premises demised hereunder without the consent of the Lessor." Made two days before the assignment to Purity Food Stores.

• May 6, 1955 Notice of Lease: James Gerald McCusker of Billerica, Lessor to Food Basket, Inc., of Billerica, Lessee (David E. Gardner, President) (1292/484) (amendment of the lease)

Dated July 29, 1957, acknowledged at Boston the same day. Food Basket, Inc., lessee in the lease of May 5, 1955 as amended July 27, 1957 "of the supermarket located on the easterly side of Boston Road and the westerly side of Pollard Street," assigns all its interest to Purity Food Stores, Inc., including "the right to renew or extend the said lease for an additional term of fifteen (15) years from May 4, 1970." With the consent of James Gerald McCusker, lessor.

• May 6, 1955 Notice of Lease: James Gerald McCusker of Billerica, Lessor to Food Basket, Inc., of Billerica, Lessee (David E. Gardner, President) (1292/484) (assignment of the lease)

Notice of a lease executed September 16, 1958, for a term from September 16, 1958 to May 4, 1970 with an option to extend for fifteen years, of "the land in said Billerica, situated on the easterly side of the Boston Road," 180 feet on Boston Road and 140, 90 and 108.7 feet by the lessor's other land, "Containing in all 15,550 square feet," Lot B on Plan Book 83, Plan 179. This was the diner lot; with it Purity held the whole of the later 312 Boston Road.

• February 14, 1940 Administrator's Deed: Edward P. Collins of Billerica, Administrator of the Estate of Elizabeth H. Callahan, also known as Elizabeth E. Callahan to James Gerald McCusker of Billerica (941/366) (lease by the owner)

Middlesex Probate Court docket no. 354056. James Gerald McCusker died about 1960 (a plan of July 23, 1960, Plan Book 94, Plan 37B, was already surveyed for Anne McCusker), and his widow took the Boston Road and Pollard Street land under his will: her mortgages of 1964 and 1966 say "For my title see Will of said James Gerald McCusker, duly probated in Middlesex Probate Court," and her deeds of 1969 and 1983 cite "Estate of James Gerald McCusker, Middlesex Probate Court Docket No. 354056." The probate papers themselves (twentieth century, not in the online index) have not been read.

• February 14, 1940 Administrator's Deed: Edward P. Collins of Billerica, Administrator of the Estate of Elizabeth H. Callahan, also known as Elizabeth E. Callahan to James Gerald McCusker of Billerica (941/366)

• September 18, 1979 Deed: Anne H. McCusker (and the Estate of James Gerald McCusker) to Peter L. Dedousis and Cynthia L. Dedousis (2385/91)
• May 13, 1983 Quitclaim: Anne H. McCusker (also known as Ann H. McCusker) of Lowell to Bruce K. Randolph and Robin D. Randolph of Tewksbury, Trustees of Randolph Realty Trust (2611/563)

To secure $12,000 in ten years at five and a half percent, Lot A of Plan Book 83, Plan 179, "with the buildings thereon," 46,600 square feet, the same bounds as the 1955 mortgage. "For my title see Will of said James Gerald McCusker, duly probated in Middlesex Probate Court."

• 1960 Will: Estate of James Gerald McCusker of Billerica to Anne H. McCusker, his widow (Probate #354056) (mortgage by the widow)

To secure $15,000 at five and three quarters percent, the same Lot A "with the buildings thereon" on the northeasterly side of Boston Road and the westerly side of Pollard Street, 46,600 square feet, part of the 1940 Callahan deed, title by the will of James Gerald McCusker.

• 1960 Will: Estate of James Gerald McCusker of Billerica to Anne H. McCusker, his widow (Probate #354056) (mortgage by the widow)

For $20,000, the 1.05 acres north of the ditch, on Plan Book 94, Plan 37B (July 23, 1960): northerly by land of Brown and Ohlson 448 feet, easterly by Pollard Street 76.35 feet, southerly by "other land of McCusker" 334.95 feet and westerly by Boston Road 197.5 feet; title from Ruth L. Turner, 1952 (Book 1210, Page 305). It is a row here because it grants "the right to pipe, repair and maintain the ditch on the southerly side of the above described premises, and blacktop the same if desired," reserving to the grantor, her heirs and lessees "the right to pipe into said ditch in the location where the pipe now enters," an easement every later deed of 312 Boston Road recites. Acknowledged October 14, 1969.

• 1960 Will: Estate of James Gerald McCusker of Billerica to Anne H. McCusker, his widow (Probate #354056) (the abutting land north of the ditch; ditch easement)

Dated October 16, 1969. Purity Supreme, Inc., "formerly Purity Food Stores, Inc., assignee and present holder of a certain lease dated May 5, 1955, given by James Gerald McCusker," Book 1292, Page 484, agrees that its rights under the lease are subordinated to the ditch easement in the deed from Anne H. McCusker to George A. Carpenter et al., subject to the reservation of the right to pipe into the ditch. It shows Purity still the tenant of the supermarket in the fall of 1969.

• May 6, 1955 Notice of Lease: James Gerald McCusker of Billerica, Lessor to Food Basket, Inc., of Billerica, Lessee (David E. Gardner, President) (1292/484) (the tenant subordinates the lease to the ditch easement)

For $300,000, "A certain parcel of land, with the buildings thereon," on the northeasterly side of Boston Road and the westerly side of Pollard Street, Lot B on "Subdivision Plan Of Land Billerica, Mass. owned by Anne H. McCusker" of March 25, 1974, by William G. Troy & Associates (Plan Book 123, Plan 161): southwesterly by Boston Road 319.26 feet, northerly by R.G.R. Realty 334.95 feet, easterly by Pollard Street 240.37 feet and southeasterly by Lot A 184.61 feet, 68,566 square feet. Subject to the 1954 electric easement, the Food Basket lease of 1955 as amended and assigned to Purity Food Stores in 1957, the 1958 Purity lease and the 1969 ditch easement. "Being a portion of the premises described in a Deed from Edward P. Collins, Administrator, to James Gerald McCusker dated February 13, 1940 ... Book 941, Page 366. See also Estate of James Gerald McCusker, Middlesex Probate Court Docket No. 354056." Street address "312 Boston Road."

• 1960 Will: Estate of James Gerald McCusker of Billerica to Anne H. McCusker, his widow (Probate #354056)

To secure $70,000, Lot B of Plan Book 123, Plan 161, "with the buildings thereon," 68,566 square feet, 312 Boston Road. Recorded with the deed.

• May 13, 1983 Quitclaim: Anne H. McCusker (also known as Ann H. McCusker) of Lowell to Bruce K. Randolph and Robin D. Randolph of Tewksbury, Trustees of Randolph Realty Trust (2611/563) (mortgage by the grantee)

Purchase-money mortgage to the seller to secure $230,000 at seven percent in fifteen years, on fifteen notes, the same Lot B "with the buildings thereon," subject to the Central Savings Bank mortgage. It recites the same encumbrances and title as the deed.

• May 13, 1983 Quitclaim: Anne H. McCusker (also known as Ann H. McCusker) of Lowell to Bruce K. Randolph and Robin D. Randolph of Tewksbury, Trustees of Randolph Realty Trust (2611/563) (purchase-money mortgage to the seller)

Dated February 13, 1987. To secure $250,000, Lot B on Boston Road and Pollard Street (Plan Book 123, Plan 161), described in a schedule. This is the mortgage foreclosed in 1991.

• April 5, 1991 Foreclosure Deed: The Central Savings Bank, Lowell, mortgagee of Robin D. Randolph, Trustee of Randolph Realty Trust to JDF Corp., 40 Church Street, Lowell (5490/80)

• May 13, 1983 Quitclaim: Anne H. McCusker (also known as Ann H. McCusker) of Lowell to Bruce K. Randolph and Robin D. Randolph of Tewksbury, Trustees of Randolph Realty Trust (2611/563) (mortgage by the trust)

A further mortgage to secure $150,000 on 312 Boston Road and Pollard Street, Lot B of Plan Book 123, Plan 161, described in a schedule.

• May 13, 1983 Quitclaim: Anne H. McCusker (also known as Ann H. McCusker) of Lowell to Bruce K. Randolph and Robin D. Randolph of Tewksbury, Trustees of Randolph Realty Trust (2611/563) (mortgage by the trust)

Order of notice on the bank's complaint for authority to foreclose its mortgage of February 13, 1987 (Book 3920, Page 169), "covering real property in Billerica known as 312 Boston Road," by entry and possession and exercise of the power of sale, under the Soldiers' and Sailors' Civil Relief Act. Anne H. McCusker had died; her executor was named as a holder of the 1983 mortgage.

• February 17, 1987 Mortgage: Robin D. Randolph, Trustee of Randolph Realty Trust, of 59 Haverhill Street, Andover to The Central Savings Bank, Lowell (3920/169) (foreclosure of this mortgage)

Instrument of taking under General Laws chapter 60 for the unpaid 1990 taxes on "A Parcel of Land with a building thereon, 312 Boston Road, Map 31 Parcel 286, PL 123-161 Lot B."

• May 13, 1983 Quitclaim: Anne H. McCusker (also known as Ann H. McCusker) of Lowell to Bruce K. Randolph and Robin D. Randolph of Tewksbury, Trustees of Randolph Realty Trust (2611/563) (tax taking against the owners)

For $300,000, under the power of sale in the mortgage of February 13, 1987 (Book 3920, Page 169). After notices in the Billerica News of December 13, 20 and 27, 1990 (the sale was also advertised in The Boston Globe of January 9, 1991: "68,000 Sq Ft Lot", "15,000 Sq Ft Building", "Building Needs Repairs", zoned Neighborhood Business), the premises were sold "at public auction" on the premises at 10 a.m. on January 10, 1991 by Kenneth Harkins, auctioneer, to the bank itself for $300,000, and the bid was assigned to JDF Corp. Lot B "with the buildings thereon," 68,566 square feet, subject to the 1954 easement, the Food Basket and Purity leases and the 1969 ditch easement, "Being the same premises conveyed to the within Mortgagor by deed of Anne H. McCusker, dated May 13, 1983," Book 2611, Page 563. Deed signed January 24, 1991. Recorded with the Land Court judgment authorizing the sale (Book 5490, Page 78).

• February 17, 1987 Mortgage: Robin D. Randolph, Trustee of Randolph Realty Trust, of 59 Haverhill Street, Andover to The Central Savings Bank, Lowell (3920/169)

• August 3, 1992 Quitclaim: JDF Corp., also known as J D F Corp., of 124 Grove Street, Franklin to Wendy's Old Fashioned Hamburgers of New York, Inc., an Ohio corporation, of Dublin, Ohio (6044/141)