archives BuildingSouthern Lancaster County Historical Society

Deed Book L, vol. 5, p. 293

William Barkly deceased Executrix to John Caldwell

THIS INDENTURE made the Seventeenth day of November A. D. one thousand eight hundred and twenty eight Between Elizabeth Barkley Surviving Executrix of the last will and testament of William Barkley of the township of Colerain in the County of Lancaster and the State of Pennsylvania (yoeman) deceased of the one part and John Caldwell of the township of Colerain aforesaid Iron master of the other part. Whereas the said William Barkley by force and virtue of divers good Conveyances & assurances in the law duly had and Executed became in his lifetime lawfully Seized in his demesne as of fee of and in Certain lands Situate and being in the township of Colerain aforesaid with the appurtenances and being so thereof Seized as aforesaid the Said William Barkley on the Eleventh day of May A. D. one thousand eighthundred and sixteen made his last will and testament in writing wherein and whereby amongst Other things he did Order and direct his Executors therein after named to sell and Convey part of his real estate for the best price that could be had for the same in said will he did Constitute & appoint Robert Anderson Esq and the said Elizabeth Barkley to be his Executor and Executrix and died without altering or revoking the same as in and by the said Will remaining in the Registers office at Lancaster reference thereunto being Said will more fully and at large appear AND WHEREAS at an Orphans Court held at Lancaster for the County of Lancaster on the sixteenth day of September A. D. one thousand eight hundred and twenty eight. On the petition of Elizabeth Barkley party hereto surviving Executrix to William Barkley late of Colerain Township in the said County deceased Setting forth that the petitioner & the Administrators of Robert Anderson deceased who was one of the Executors above named of the testator William Barkley have made a final Settlement of their Administration account upon the Estate of William Barkley deceased which has been confirmed by this Court and by the Supreme Court of Pennsylvania and their appears to be a balance of Three hundred & twenty five dollars & Sixty four cents due and from the estate of the said testator and that there is not sufficient assets to pay & satisfy the Same & for the Satisfaction of the Court & Copy of said Settlement together with a schedule of the debts due & owing by the estate of the said testator is presented with the petition And prays the Court to make an Order for the sale of a tract of land a part of the real estate of the testator Situate in Colerain township aforesaid bounded by lands of John Whiteside Robert Ford Henry Swisher & Others Containing about One hundred acres thirty acres thereof being woodland and the residue Cleared with a log house and stable thereon erected or for the sole of so much thereof as in their Opinion shall be Sufficient to satisfy Such balance To the truth of the facts above stated Said Executrix was duly Sworn It is ordered by the Court that the Executrix aforesaid do expose to public sale the real estate of said deceased as aforesaid on Tuesday the thirtieth Day of September A. D. 1828 at 12 O'clock Noon on the premises Terms Cash on the Confirmation of the sale. That due & legal notice be given of the time & place of sale & that report of said proceedings be made to this Court on the 3rd Monday of November A. D. 1828 In pursuance whereof the said Executrix having first given Sufficient Security According to Law for the faithful execution of the power Committed to her did on the day and at the place in the said Order directed Expose the premises therein mentioned to sale by public vendue and Sold the same to the said John Caldwell {party hereto} at and for the Sum of Six hundred & thirty dollars & three Cents he being the highest bidder and that being the highest price bidden for the same Which Sale on ? thereof made to the Judges of the same Court on this day as above mentioned was Confirmed and it was Considered and adjudged by the said Court that the said plantation & tract of land with the appurtenances So Sold as Aforesaid should be transferred & vested in the said John Caldwell {party hereto} as fully as the said William Berkley held the same at his decease Subject & liable to the payment of the purchase money according to the terms prescribed in the said Order as by the records & proceedings of the Same Court remaining at Lancaster aforesaid ?ation being the thereunto had will more fully and at large appear NOW THIS INDENTURE Witnesseth that the said Elizabeth Barkley executrix as aforesaid for and in Consideration of the said sum of six hundred and thirty Dollars & three cents lawful money of Pennsylvania in hand paid by the said John Caldwell at and before the ensealing & delivery hereof the receipt and payment whereof She does hereby acknowledge and thereof acquit and forever discharge the said John Caldwell his heirs Executors & Administrators by these presents have granted bargained sold aliened and enfeoffed released & confirmed and by these presents by virtue of the powers & authorities to her given by the aforesaid Order of Orphans Court & pursuant to the directions thereof do grant bargain sell alien enfeoff release and Confirm unto the said John Caldwell his heirs and assigns all that following described tract of land situate lying and being in the township of Colerain aforesaid bounded & described as follows viz BEGINNING at a ? thence by land of John Whiteside North thirty degrees east one hundred perches & six tenths to a stone thence by land of the estate of William Barkley deceased south forty six degrees east one hundred twenty perches to a hickory thence by the same South eight degrees & one half east eighty perches to a stone thence by land of Henry Swisters South fifty two degrees & one quarter west Sixty three perches to a dead black Oak thence by land of Robert Ford north forty eight degrees west sixty three perches to a white oak thence north thirty degrees & one fourth west twenty two perches & one half to a stone thence by land of John Whiteside north sixty three degrees east eight perches to a stone thence by the same north forty four degrees west seventy perches to the place of BEGINNING. Containing one hundred and two acres & one hundred & ten perches ? ? ? TOGETHER with all & singular the houses outhouses buildings barns stables ways woods waters watercourses rights liberties privileges heredatiments and appurtenances whatsoever thereunto belonging or in any wise appertaining and the woodsides & remainders rents issues and profits thereof AND also all the estate right title interest property claim & demand whatsoever of the said William Barkley in his lifetime at and immediately before his decease of into or out of the same TO HAVE AND TO HOLD the said above mentioned & described tract of land hereditaments & premises hereby granted or mentioned or intended to be with the appurtenances unto the said John Caldwell his heirs and assigns to the only proper use benefit & belief of the said John Caldwell his heirs assigns forever and the said Elizabeth Barkley doth Covenant promise grant and agree to and with the said John Caldwell his heirs and assigns by these presents that She the said Elizabeth Barkley have not Committed or willingly or willingly Suffered to be done or committed any act matter of thing whatsoever whereby the premises aforesaid or any part thereof is are or shall or may be impeached charged or encumbered in title charge or estate or Otherwise howsoever. IN WITNESS HEREOF the said parties to these presents have hereunto interchangeably do their hands & seals the day & year above written: Sealed and Delivered in the presence of }

Elizabeth Barkley {seal}

? Moore & Wm Norris

Received on the day of the date of the above indenture of & from the above named John Caldwell the sum of six hundred & thirty dollars & three Cents like lawfull money aforesaid in full for the Consideration money above mentioned

Witness Present at Signing}

Elizabeth Barkley {seal}

? Moore & Wm Norris

Lancaster county

Be it remembered that on the Seventeenth day of November A. D one thousand eight hundred & twenty eight before me the Subscriber one of the Aldermen in the City of Lancaster personally came the above named Elizabeth Barkley & acknowledged the above indenture to be her act and deed & desired that the same might be recorded as Such according to Law. In testimoney whereof I have here unto set my hand & seal the day & year above written

? Mooser {seal}

Recorded November 17th Anno Domine 1828

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