Supreme Court of Greene County

Jonathan Palen vs. 
Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen, 
Maria Palen, Harriet Palen and Hannah
Palen

Originals located at the State Library at Albany

Copied by Sylvia Hasenkopf
Transcribed by Scott Wichman


Stated Town:  January 6th 1829

Jonathan Palen vs.

Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen, Maria Palen, Harriet Palen and Hannah Palen

On reading and filing the petition of Jonathan Palen setting forth among other things that he the said petitioner and Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen, Maria Palen, Harriet Palen, Children of Gilbert E. Palen late of the Town of Saugerties in the County of Ulster tanner now deceased, are seized in fee simple as tenants in common of certain lands, tenements and hereditaments with the appurtenances situate in the Town of Catskill and Hunter in the County of Greene subject to the divide made by the said Gilbert E. Palen in his last will and testament to his widow Hannah Palen, all which premises are particularly in the said petition described and also setting forth that the said petitioner intends filing his bill in this court praying that the said premises may be divided among the parties aforesaid according to their respective rights therein pursuant to the act entitled “an act for the partition of lands” and that the said James Palen, Joseph Palen, Catharine Palen, Caroline Palen, Maria Palen and Harriet Palen are severally minors under the age of twenty one years and prays this court to appoint some proper person or persons guardian or guardians to the said minors respectively, for all the purposes intended by the act, to the end that the said petitioner may be enabled to proceed according to the act aforesaid for the partition of the said premises among the parties aforesaid according to their respective rights therein and on reading and filing also an affidavit of the said petitioner that the substance and matters of fact set forth in the said petition are according to his belief true, and on motion of Mr. James Powers, Solicitor for the said petitioner, It is ordered that William Seaman of the Village of Catskill in the county of Greene be and he is hereby appointed guardian to the said James Palen, Joseph Palen, Catharine Palen, Maria Palen, Caroline Palen and Harriet Palen respectively during their respective minorities for all the purposes intended by the said act he the same William Seaman first entering into a bond to the people of this State with such other person or persons being a freeholder or freeholders of this State as a master of the Court of Chancery in the County of Greene shall approve which bond shall be in such penal sum as shall be directed by the said Master and shall be conditioned according to the directions of the act entitled “an act for the partition of lands” the said master in directing the amount of the penalty of the said bond to have due regard to the value and situation of the said minors rights and estates respectively as the same shall be made to appear to him—

intended for the support and maintenance of said infants and his family and that the balance of said purchase money whereby shall be required for the payment of said debts and the necessary maintenance and education of said infants be kept or put at interest by the guardian on good security for the benefit of said infants—and that one third part of the interest arising from the investment of such residue after the payment of the expenses of said sale and the debts as aforesaid be ??? by the said guardian in law of her dower in the said premises in case she shall join in the sale and release her right of dower and it is further ordered that the said guardian make reports of her proceedings herein with all convenient speed after such sale.—

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January 31st 1829

Jonathan Palen vs.

Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen, Maria Palen, Harriet Palen and Hannah Palen

            On reading and filing a subpoena heretofore issued out of and under the seal of this court in this cause with the affidavit of Chester Huey Junior thereto annexed proving the service of said subpoena on the defendants Rufus Palen, James Palen, Joseph Palen, Catherine Palen, Caroline Palen, Marie Palen, Harriet Palen, Hannah Palen and William Seaman guardian appointed in this cause personally and on motion of Mr. James Powers Solicitor for the complainant it is ordered that the said defendants do cause their appearance to be entered and their answers to be filed in this cause within thirty days from the date of this order, or in default thereof that the complainants bill of complaint be taken pro confess against them—

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February 3rd 1829

Abraham Allan Buron vs.

 Lucy Olmstead, William Niles and John Tibbits

            On reading and filing a subpoena

 

 

April 23rd 1829

At a court of Equity held for the Third Circuit of the State of New York at the      City of Albany on the twenty third day of April one thousand eight hundred and twenty nine—

Present

The Honorable William A. Duer Circuit Judge

Jonathan Palen vs.

Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen, Maria Palen, Harriet Palen and Hannah Palen

This cause having been brought on to be heard on due notice before this court this twenty third day of April in the year of our Lord one thousand and eight hundred and twenty nine upon the bill and answers filed therein and also proofs then and there taken, thereupon on reading said Bill from which it appears that the complainant seeks for partition of that “tract or parcel of land lying and being in the town of Catskill, County of Greene being part of the tract of land usually called Row’s patent, beginning at the northwest corner of the farm of David Lawrence at a stake and heap of stones north twenty three degrees east twenty one chains and eighty one links to a white oak tree marked, thence north twenty three degrees west eight chains and eighty links to a stump and stones by it, thence south seventy one degrees east nine chains and fifty links to about the middle of the ??? kill, then running as the said kill runs to the upper end of the saw mill pond, thence all along the south edge of said pond to the said saw mill, thence south eighty and a half degrees east two chains sixteen links to a stake and stones at the bunds of Henry Pelham, thence southerly along a ledge of rocks, and running along the brow of said ledge of rocks as the same runs to a heap of stones one chain easterly from the northeast corner of the land of David Lawrence thence north sixty six degrees west eighteen chains and fifty links to and along said Lawrence bounds to the place of beginning containing fifty one acres and fifteen perches being the same tract of land described in a deed executed by Timothy Lawrence to Gilbert E. Palen and your petitioner bearing date the twenty fourth day of February 1814—

Also that certain other lot of land situate in the Towns of Catskill and Hunter in the county of Greene and bounded as follows-Beginning at a heap of stones placed by the south side of a crooked rock oak tree standing on the Bank and in the south bounds of a lot of land conveyed to Newcomb Knapp and runs thence along said bounds and so onwards north eighty degrees west twenty three chains seventy links to a small black oak corner tree and stones on a ledge, South thirty six degrees, and thirty minutes west twelve chains forty links to a crooked rock oak corner tree, south fifty three degrees and thirty minutes east two chains and forty links to a stake and stones thence south thirty six degrees and thirty minutes west eight chains eighty links to a stake and stones on the north side of the road, south seventy two degrees fifteen minutes east seven chains to a stake and stones north eighty three degrees east fifteen minutes fifty links to a small black oak corner tree on the south side of a road north sixty eight degrees east three chains sixty four links to a small white pine corner tree, north forty four degrees east six chains ninety links to a heap of stones on the south side of a road and north twenty four degrees forty five minutes east eight chains sixty links to the place of beginning, containing forty five and a quarter acres, saving and reserving at all times unto Newcomb Knapp his heirs and assigns the privilege of a road from the farm of Peter Knapp southerly around the south point of the ledge up to the said Newcomb Knapp’s lot, and which lot last mentioned is the as described in a deed executed by James Cockburn and others to Peter E. Palen and Zachariah D. Flagler bearing date the thirtieth day of November 1819—Also that certain other lot of land lying and being in the Town of Hunter in the county of Greene and bounded as follows-Beginning at the north east corner of Gilbert E. and Jonathan Palen’s lot in the Hardenburgh Patent where the east line of said lot joins the north line of said Patent and runs thence a northerly course to a red oak tree cornered on the south bank of the Clove road and runs from thence a westerly course on the bank of said road as it winds and turns to the lower side of the Bridge, thence across the Caderskill approach the former dwelling house of G.E. & J. Palen’s and runs from thence square across said Kill to the top of the south bank of the said Kill, thence up the south bank of the said Kill to the north west corner of Gilbert E. & Jonathan Palen’s lot and the aforesaid Patent, thence an easterly course down the north line of said patent to the place of beginning, containing about five acres be the same more or less reserving to Benjamin Peck the right of erecting dams across said kill above said bridge and the right of joining the dams on the south Bank and which said last mentioned lot is described in a deed executed by Benjamin Peck and Jane his wife to Jonathan and Gilbert E. Palen bearing date the sixteenth day of April 1822—Also that certain other lot of land lying and being in the Town of Catskill in the county of Greene being a part of lot number Two in division number one, great lot number twenty six of the Hardenburgh Patent, Beginning in the north bounds of the patent at the north west corner of the lot near a stone set in the ground on the southerly side of the Caderskill and runs from thence along marked lines by said stones south twenty four degrees west fifty five chains to a small rock oak corner tree standing in the south bounds of said lot number two, thence along the same south fifty nine degrees thirty minutes east eighteen chains to a poplar corner tree marked PW north twenty four degrees east sixty chains to the north bounds of the patent by stones near a hemlock corner tree on the southerly side of the Caderskill, thence westerly along said bounds to the place of beginning containing one hundred and three and a half acres, being the same lot of land described in a deed executed by George B. Evertson and others to Gilbert E. Palen and Jonathan Palen bearing date the twentieth day of September 1820—Also that certain other lot of land lying and being in the Town of Catskill in the county of Greene and bounded as follows-beginning at a heap of stones placed at the foot of a ledge of rocks and runs thence along the marked lines south twenty nine degrees east twenty one chains ninety links to a small black oak corner tree, south sixty nine degrees west eighteen chains, seventy links to a small rock oak corner tree and stones and west thirteen chains and eighty three links to a stake and stones being the south east corner of a lot surveyed by John E. Darby November the third 1819 for Ezekiel Phillips, thence north ten chains and fifty links to the public highway thence along the same north eighty three degrees east nine chains twenty links, north sixty eight degrees east three chains sixty four links where a white pine corner tree formerly stood north forty four degrees east six chains ninety links and north twenty four degrees forty five minutes east eight chains sixty links, thence south seventy nine degrees thirty minutes east about thirty links to the place of beginning containing about forty two and one quarter acres as surveyed by Wm. Cockburn Junr. in the year 1805, being the same lot of land described in a deed executed by Benedict Knapp and wife to Gilbert E. Palen and Jonathan Palen bearing date the seventy day of January 1822 together with all and singular the rights members and appurtenances thereunto belonging—

On motion of Mr. James Powers Solicitor for the complainant it is ordered adjudged and decreed that the complainant Jonathan Palen is seized in fee simple of an equal moiety or half part of the aforesaid lands premises and hereditaments with their appurtenances, and that Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen, Maria Palen and Harriet Palen the devisees of the said Gilbert E. Palen are each seized of one seventh part in fee simple as tenants in common of the other equal moiety or half part of the said lands premises and hereditaments with the appurtenances subject to the use possession and enjoyment of the same of their mother Hannah Palen so long as she remains unmarried pursuant to the will of Gilbert E. Palen—And it is further ordered that Foster Moress, Sidney Tuttle and Zadock Pratt Junior of the town of Windham in the county of Greene be and hereby are appointed commissioners to make partition of the said lands, premises & hereditaments with their appurtenances between the said Jonathan Palen by assigning to him an equal half part or moiety of the said lands premises and hereditaments with their appurtenances and by assigning to the said Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen, Maria Palen and Harriet Palen the other equal moiety or half part of the said lands premises and hereditaments with their appurtenances to be held by them and each of them in fee simple in the proportions according to the respective rights therein as the same are respectively ascertained and determined as aforesaid.

And it is further ordered that the said commissioners are authorized and required in case they cannot make an equal partition and division of the said real estate in the manner aforesaid between the said parties without prejudice to their rights and interests that then they report to this court such sum or sums of money which in their opinion and judgment one party ought to pay to the other for equality of partition according to the nature and equity of the case.

And it is further ordered that the said commissioners also report to this court whether the share or part of the said real estate which they shall set off and allot to the said Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen, Harriet Palen and Maria Palen is so circumstanced that a division thereof can be made amongst them according to their respective rights therein without prejudice to such rights and without prejudice to the rights of Hannah Palen in the same

And it is further ordered that the said commissioners make report in the premises to this court with all convenient speed and all further & other directions are reserved until the coming in of the said report—

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July 13th 1829              Stated Town

Jonathan Palen vs

Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen,Maria Palen, Harriet Palen and Hannah Palen

This cause having this day been brought to a hearing upon the report made in this cause by Foster Moress, Sidney Tuttle and Zadoch Pratt Junr. commissioners heretofore appointed by this court to make partition of the premises mentioned and described in the complainant’s bill of complaint, between the complainant and the said Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen, Maria Palen, Harriet Palen and Hannah Palen according to their respective rights and interests therein as set forth in and order of this court bearing date the twentieth day of April one thousand eight hundred and twenty nine, thereupon on reading and filing a notice of bringing this cause to a hearing with an admission of Charles C. Abeel Solicitor for the defendants of the due service of the same on him—on reading and filing said report of said commissioners bearing date the sixth day of June one thousand eight hundred and twenty nine from which it appears that said commissioners have made partition of the said lands described in said bill of complaint and particularly set forth in the said commissioners report, between the complainant and defendants Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen, Maria Palen and Harriet Palen, according to the respective rights of said parties as set forth in the said order appointing the said commissioners—And from the said order appointing the said commissioners it further appears that said lands and premises to be divided are described as follows—that tract or parcel of land lying and being in the town of Catskill county of Greene being part of the tract of land usually called Rows patent, Beginning at the northwest corner of the farm of David Lawrence at a stake and heap of stones north twenty three degrees east twenty one chains and eighty one links to a white oak tree marked, thence north twenty three degrees west eight chains and eighty links to a stump and stones by it, thence south seventy one degrees east seventy chains and fifty links to about the middle of the divas? kill then running as the said kill runs to the upper end of the saw mill pond—thence all along the south edge of said pond to the said saw mill, thence south eighty one and a half degrees east two chains sixteen links to a stake and stones at the bounds of Henry Pelham, thence southerly along the edge of rocks and running along the brow of said ledge of rocks as the same runs to a heap of stones one chain easterly from the north east corner of the land of David Lawrence thence north sixty six degrees west eighteen chains and fifty links to and along said Lawrence bounds to the place of beginning containing fifty one acres and fifteen perches being the same tract of land described in a deed executed by Timothy Lawrence to Gilbert C. Palen and Jonathan Palen bearing date the twenty fourth day of February eighteen hundred and fourteen—Also that certain other lot of land situate in the towns of Catskill and Hunter in the county of Greene and bounded as follows, beginning at a heap of stones placed by the south side of a crooked rock oak tree standing on the bank and in the south bounds of a lot of land conveyed to Newcomb Knapp and runs thence along said bounds and so onwards north eighty degrees west twenty three chains seventy links to a small black oak corner tree and stones on a ledge-south thirty six degrees and thirty minutes west twelve chains forty links to a crooked rock oak corner tree, south fifty three degrees and thirty minutes east two chains and forty links to a stake and stones, thence south thirty six degrees and thirty minutes west eight chains eighty links to a stake and stones on the north side of the road, south seventy two degrees fifteen minutes east seven chains to a stake and stones north eighty three degrees  east fifteen chains fifty links to a small black oak corner tree-on the south side of a road, north sixty eight degrees east three chains sixty four links to a small white pine corner tree north forty four degrees east six chains ninety links to a heap of stones on the south side of a road and north twenty four degrees forty five minutes east eight  chains sixty links to the place of beginning containing forty five and a quarter acres, saving and reserving at all times unto Newcomb Knapp his heirs and assigns the privilege of a road from the farm of Peter Knapp southerly around the south point of the ledge up to the said Newcomb Knapp’s lot and which lot last mentioned is the same as described in a deed executed by James Cockburn and others to Peter E. Palen and Zachariah D. Flagler bearing date the thirtieth day of November 1819.  Also that certain other lot of land lying and being in the town of Hunter in the county of Greene and bounded as follows, beginning at the northeast corner of Gilbert C. and Jonathan Palen’s lot in the Hardenburgh patent, where the east line of said lot joins the north line of said patent and runs thence a northerly course to a red oak tree cornered on the south bank of the Clove road and runs from thence a westerly course on the bank of said road as it winds and turns to the lower side of the bridge, thence across the Caderskill opposity the former dwelling house of Gilbert E. and J. Palen’s and runs from thence square across said kill to the top of the south bank of the said kill, to the northeast corner of Gilbert E. and J. Palen’s lot and the aforesaid patent, thence an easterly course down the north line of said patent to the place of beginning, containing about two acres be the same more or less reserving to Benjamin Peck the right or erecting dams across said kill above said Bridge and the right of joining the dams on the south bank and which said last mentioned lot is described in a deed executed by Benjamin Peck and Jane his wife to Jonathan and Gilbert E. Palen bearing date the sixteenth day of April 1822—Also that certain other lot of land lying and being in the town of Catz-kill in the county of Greene being part of lot number two in division number one great lot number twenty six in Hardenburgh Patent, beginning in the north bounds of the patent at the northwest corner of the lot near a stone set in the ground on the southerly side of the Caderskill and funs from thence along marked lines by said stones south twenty four degrees west fifty five chains to a small rock oak corner tree standing in the south bounds of said lot number Two, thence along the same south fifty nine degrees, thirty minutes east eighteen chains to a poplar corner tree marked P.W. north twenty four degrees east sixty chains to the north bounds of the patent by stones near a hemlock corner tree on the southerly side of the Caderskill thence westerly along said bounds to the place of beginning containing one hundred and three and a half acres being the same lot of land described in a deed executed by George B. Evertson and others to Gilbert E. Palen and Jonathan Palen bearing date the twentieth day of September 1820.  Also the certain other lot of land lying and being in the town of Catskill in the county of Greene and bounded as follows, beginning at a heap of stones placed at the foot of a ledge of rocks and runs thence along the marked lines south twenty nine degrees east twenty one chains ninety links to a small black oak corner tree, south sixty nine degrees west eighteen chains seventy links to a small rock oak corner tree and stones and west thirteen chains and eighty three links to a stake and stones being the southeast corner of a lot surveyed by John E. Darby November the third 1819 for Ezekiel Phillips, thence north ten chains and fifty links to the public highway, thence along the same north eighty three degrees east nine chains twenty links north sixty eight degrees east three chains sixty four links where a white pine corner tree formerly stood, north forty four degrees east six chains ninety links and north twenty four degrees forty five minutes east eight chains sixty links, thence south seventy nine degrees thirty minutes east about thirty links to the place of beginning containing about forty two and one quarter acres as surveyed by Wm. Cockburn Junr in the year 1805 being the same lot of land described in a deed executed by Benedict Knapp and wife to Gilbert E. Palen and Jonathan Palen bearing date the seventy day of January 1823, together with all and singular the rights members and appurtenances thereunto belonging.—And from which report of the said commissioners it further appears that the said commissioners have allotted and laid off to Jonathan Palen the Complainant as his share and interest in the aforesaid premises all that tract or parcel of land lying and being in the town of Catskill county of Greene being part of the tract of land usually called Row’s patent beginning at the north west corner of the farm of David Lawrence at a stake and heap of stones north twenty three degrees east twenty one chains and eighty one links to a white oak tree marked, thence north twenty three degrees west eight chains and eighty links to a stump and stones by it, thence south seventy one degrees east nine chains and fifty links to about the middle of the divas? kill then running as the said Kill runs to the upper end of the Saw Mill pond, thence all along the south edge of said pond to the said saw mill, thence sough eighty and a half degrees east two chains sixteen links to a stake and stones at the bounds of Henry Pelham, thence southerly along the ledge of rocks and running along the brow of said ledge of rocks as the same runs to a heap of stones one chain easterly from the northeast corner of the land of David Lawrence, thence north sixty six degrees west eighteen chains and fifty links to and along said Lawrence bounds to the place of beginning fifty one acres and fifteen perches being the same tract of land described in a deed executed by Timothy Lawrence to Gilbert E. Palen and Jonathan Palen bearing date the twenty fourth day of February eighteen hundred and fourteen.—Also that certain other lot of land situate in the towns of Catskill and Hunter in the county of Greene and bounded as follows, beginning at beginning at a heap of stones placed by the south side of a crooked rock oak tree standing on the bank and in the south bounds of a lot of land conveyed to Newcomb Knapp and runs thence along said bounds and so onwards north eighty degrees west twenty three chains seventy links to a small black oak corner tree and stones on a ledge south thirty six degrees and thirty minutes west twelve chains forty links to a crooked rock oak corner tree south fifty three degrees and thirty minutes east two chains and forty links to a stake and stones, thence south thirty six degrees and thirty minutes west eight chains eighty links to a stake and stones on the north side of the road, south seventy two degrees fifteen minutes east seven chains to a stake and stones, north eighty three degrees east fifteen chains fifty links to a small black oak corner tree on the south side of a road, north sixty eight degrees east three chains sixty four links to a small white pine corner tree, north forty four degrees east six chains ninety links to a heap of stones on the south side of a road, and north twenty four degrees forty five minutes east eight chains sixty links to the place of beginning containing forty five and a quarter acres saving and reserving at all times unto Newcomb Knapp his heirs and assigns the privilege of a road from the farm of Peter Knapp southerly around the south point of the ledge up to the said Newcomb Knapp’s lot and which lot least mentioned is the same as described in a deed executed by James Cockburn and others to Peter E. Palen and Zachariah D. Flagler bearing date the thirtieth day of November 1819.  Also that certain other lot of land lying and being in the town of Catskill in the county of Greene and bounded as follows, beginning at a heap of stones placed at the foot of a ledge of rocks and runs thence along the marked lines south twenty nine degrees east twenty one chains ninety links to a small black oak corner tree south sixty nine degrees west eighteen chains seventy links to a small rock oak corner tree and stones and west thirteen chains and eighty three links to a stake and stones being the south east corner of a lot surveyed by John C. Darbey November the third 1819 for Ezekiel Phillips, thence north ten chains and fifty links to the public highway, thence along the same north eighty three degrees east nine chains twenty links north sixty eight degrees east three chains sixty four links where a white pine corner tree formerly stood, north forty four degrees east six chains ninety links and north twenty four degrees forty five minutes east eight chains sixty links, thence south seventy nine degrees thirty minutes east about thirty links to the place of beginning containing about forty two and one quarter acres as surveyed by Wm. Cockburn Junior in the year 1805, being the same lot of land described in a deed executed by Benedict Knapp and wife to Gilbert E. Palen and Jonathan Palen bearing date the seventy day of January 1822 together with all and singular the rights members and appurtenances thereunto belonging—And from which report of the said commissioners it further appears that the said commissioners have allotted and laid off to the defendants Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen, Maria Palen and Harriet Palen as their share and interest in the aforesaid premises all that certain lot of land lying and being in the town of Hunter in the county of Greene and bounded as follows—Beginning at the northeast corner of Gilbert E. and Jonathan Palen’s lot in the Hardenburgh patent where the east line of said lot joins the north line of said patent and runs thence a northerly course to a red oak tree cornered on the south bank of the Clove road and runs from thence a westerly course on the bank of said road as it winds and turns to the lower side of the bridge, thence across the Caderskill opposite the former dwelling house of G. E. and J. Palen’s and runs from thence square across said hill to the top of the south bank of the said kill, thence up the south bank of the said kill to the northeast corner of Gilbert E. and J. Palens and the aforesaid patent, thence an easterly course down the north line of said Patent to the place of beginning containing about two acres be the same more or less reserving to Benjamin Peck the right of erecting dams across said kill above said bridge, and the right of joining the dams on the south bank and which said last mentioned lot is described in a deed executed by Benjamin Peck and Jane his wife to Jonathan and Gilbert E. Palen bearing date the sixteenth day of April 1822.  Also that certain other lot of land lying and being in the town of Catskill in the county of Greene being a part of lot number Two in division number one great lot number twenty six of the Hardenburgh patent, Beginning in the north bounds of the patent at the northwest corner of the lot near a stone set in the ground on the southerly side of the Caderskill and runs from thence along marked lines by said stones south twenty four degrees west fifty five chains to a small rock oak corner tree standing in the south bounds of said lot number two, thence along the same south fifty nine degrees thirty minutes east eighteen chains to a poplar corner tree marked PW north twenty four degrees east sixty chains to the north bounds of the patent by stones near a hemlock corner tree on the southerly side of the Caderskill, thence westerly along said bounds to the place of beginning containing one hundred and three and a half acres being the same lot of land described in a deed executed by George B. Evertson and others to Gilbert E. Palen and Jonathan Palen bearing date the twentieth day of September 1820.  And from which report it also further appears that the aforesaid division and partition could not be made between the said parties aforesaid without prejudice to their rights therein without the said Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen, Maria Palen and Harriet Palen paying to the said Jonathan Palen the sum of five hundred dollars so as to make the said partition and division equal between the said parties—and it also further appearing from the said report of the said commissioners that the share of the aforesaid real estate assigned and allotted to the said Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen, Maria Palen and Harriet Palen is so circumstanced that a division thereof cannot be made amongst them without prejudice to their rights and the rights of Hannah Palen in the same—Therefore on motion of Mr. James Powers Solicitor and of counsel for the Complainant, no person appearing for the defendants to oppose the same, it is ordered, adjudged and decreed that the said report and all the matters and thing therein contained do stand satisfied and confirmed and that the said partition remain form and effectual forever—and that the said Jonathan Palen hold and enjoy in severalty the said portions of the said premises set apart and allotted to him as aforesaid, and that the said Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen, Maria Palen and Harriet Palen hold as tenants in common the said portion of the premises set apart and allotted to them as aforesaid, subject to the use possession and enjoyment of the same of Hannah Palen so long as she remains unmarried pursuant to the will of Gilbert E. Palen deceased and that the said Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen, Maria Palen and Harriet Palen pay on demand to the said Jonathan Palen the sum of five hundred dollars so reported by the said commissioners to make the said partition equal with the interest thereon from the date of this decree—And it is further ordered adjudged and decreed that the said Hannah Palen the widow of the said Gilbert E. Palen deceased have the use possession and enjoyment and for her own exclusive benefit of  the share of the lands premises and hereditaments with the appurtenances which are herein allotted and set off by the said commissioners to Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen, Maria Palen and Harriet Palen so long as she remains unmarried pursuant to the will of the said Gilbert E. Palen deceased—And it is further ordered adjudged and decreed that should the said Hannah Palen again marry or immediately after the decease of the said Hannah Palen that then the said Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen, Maria Palen and Harriet Palen or any or either of them or their heirs or assigns or either of them may by petition or supplemental Bill again apply to this court for a sale of the lands premises and hereditaments herein allotted and assigned to them as aforesaid—And it is further ordered that the costs of the complainant and the defendants Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen, Maria Palen and Harriet Palen be taxed and that the complainant Jonathan Palen pay the one half part thereof of the costs so taxed, being his ascertained proportion of the premises described in the said Bill of Complaint and that the said Rufus Palen, James Palen, Joseph Palen, Catharine Palen, Caroline Palen, Maria Palen and Harriet Palen pay the other half part in equal proportions of the costs so taxed, being their ascertained proportion of the premises described in the said Bill of Complaint.


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