Division of the Real Property of John EGNOR among his heirs (1845), Cecil Co., MD Contributed for use in USGenWeb Archives by Doug Arbuckle Copyright. All Rights Reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/md/mdfiles.htm ********************************************************* Division of the Real Property of John EGNOR among his heirs (1845), Cecil Co, MD Cecil County Land Record Book, Liber GMC, Number 10, Folio 27 This Indenture made this twelfth day of May in the year of our Lord one thousand Eight hundred and forty five by and between William Mackey, Adam Whann, Henry H Gilpin, and John Underwood commissioners as hereinafter mentioned of the one part and Caroline Egnor, John Egnor, Joseph Egnor, Jacob Egnor, and Hannah Catharine Egnor of the other part. Whereas on the application of Thomas Holland and Margaret his wife and John Kincaid and Eliza his wife to the High Court of Chancery by petition in writing setting forth and alleging that “John Egnor of Cecil County State of Maryland departed this life intestate seized in fee of a tract or parcel of land lying in said County containing ninety four acres more or less and leaving Catharine Egnor his widow and your oratories Margaret Holland and Eliza Kincaid and Jacob Egnor his only children and heirs at Law - that since the death of the said John Egnor the said Catharine Egnor his wife hath also departed this life – that sometime in the year 1839 since the death of the said John Egnor the said Jacob Egnor also Departed this life leaving Hannah Egnor his widow and the following children to wit: Caroline Egnor, John Egnor, Joseph Egnor, Jacob Egnor and Hannah Catharine Egnor his only heirs at law. Your orators further show unto your Honor that the children of the said Jacob Egnor to wit: Caroline, John, Joseph, Jacob and Hannah Catharine Egnor are infants under the age of twenty one years residing in Cecil County, and that his widow the said Hannah Egnor hath since the Death of the said Jacob Egnor intermarried with a certain Jesse Pritchard and also residing in Cecil County, the said Court of Chancery pursuant to the direction of the act of the General Assembly Entitled an act to amend and reduce into one system the laws to direct descents and the several supplements thereto did on the fifteenth day of March Eighteen hundred and forty one appoint and issue a commission to the herein before mentioned William Mackey, William Mackey, Adam Whann, Henry H Gilpin, John Underwood and a certain Henry D Miller which said Henry D Miller is since deceased thereby giving unto them the said William Mackey, Adam Whann, Henry H Gilpin, John Underwood and Henry D Miller or a majority of them full power and authority having taken the oath annexed to the said commissioners to proceed in the premises according to the Direction of the said act of Assembly and the several supplements thereto and in all respects to conform to and comply with the directions of the said act of Assembly and the several supplements thereto and the said Commissioners were thereby commanded that what should be done by them or a majority of them in the premises they or a majority of them should under their hands and seals, return to the said Court of Chancery together with the said commission. And whereas the herein before mentioned William Mackey, Adam Whann, Henry H Gilpin, John Underwood, and Henry D Miller the commissioners named in the said commission, did take upon themselves the execution thereof and a Majority of them to wit William Mackey, Adam Whann, and Henry H Gilpin did afterwards to sirs[?] on the twenty seventh day of September Eighteen hundred and forty one make return of the said commission to the said Court of Chancery, Certifying and returning that in virtue of the said commission and pursuant to the directions of the act of Assembly Entitled [unknown mark] they did on the thirty first day of March Eighteen hundred and forty one take the oath annexed to the said commission before John A Rankin Esquire one of the Justices of the peace for Cecil County aforesaid as appears there certified and having before they proceeded in the execution of the said commission and before any proceeding was had, caused notice to be given according to Law of their intention, to meet on the thirty first day of March in the year 1841 upon the premises in the said commission mentioned for the purpose of proceeding in the execution of the said commission: And whereas they the said commissioners did meet together in conformity with and agreeably to such notice, on the said thirty first day of March 1841, upon the said premises in the said commission mentioned and having entered upon walked over and made an accurate view and observation of said tract of land and divided the same unto three Equal parts which were valued in the aggregate at thirteen hundred and Eighty dollars and did also lay off and assign to the said Margaret Holland lot number one. Beginning for the same at a corner immediately on the South side of the public Road leading from New Ark to Elk Forge at the point where the public Road from Elkton through said property intersects the aforementioned Road and running thence South three and a half degrees East forty three and six tenths perches, then South Eighty five degrees West ninety and five tenths perches then North three degrees West twenty four and five tenths perches then North Eighty Eight degrees East twenty four perches then North two degrees West twenty nine and five tenths perches then South Eighty seven degrees East sixty six perches to the place of beginning, Containing twenty three acres one rood and eleven perches of land more or less which said lot was in the opinion of said commissioners worth four hundred and sixty dollars and equal in value and quality to one third part of the whole of said tract of land, whereof John Egnor late of Cecil County died seized. And did also lay off land also[?] // to the said Eliza Kincaid lot number two Beginning for the same at a stone near the house of Alexander Wilson the beginning of the whole tract and running thence North three degrees West forty two and three tenths perches then North Eighty five degrees East fifty three and seven tenths perches then South sixteen degrees East fifty perches then South forty two and an [sic] half degrees West twelve perches then South fourteen and an [sic] half degrees East thirty nine and a half perches then South one and a half degrees East twenty five and a half [sic, omitted “perches”] then South Eighty Eight degrees West twenty five and one fourth perches then North four degrees West seventy five perches and from thence to the place of beginning Containing twenty seven acres two roods and fourteen and a half perches of land more or less which said Lot was in the opinion of the said commissioners worth four hundred and sixty dollars and equal in value and quality to one third part of the whole of said tract. And did also lay off and allot to the said Defendants Caroline Egnor, John Egnor, Joseph Egnor, Jacob Egnor and Hannah Catharine Egnor Lot number Three Beginning for the same at a stone set in the ground at the end of the second line of Eliza Kincaid’s Lot and running thence South sixteen degrees East fifty perches then South forty two and a half degrees West twelve perches then South fourteen and a half degrees East thirty nine and a half perches then South one and a half degrees East twenty five and a half perches then South three degrees East thirty nine and a half perches then North Sixty eight degrees East twenty nine perches then North three and a half degrees West one hundred and fifty one perches and four tenths of a perch and from thence to the place of Beginning Containing twenty Eight acres and fourteen and half perches of land more or less (from which there is to be deducted two roods occupied by the Rail Road Company) leaving twenty seven acres two roods and fourteen perches of land more or less which said Lot was in the opinion of the said commissioners worth four hundred and sixty dollars, and equal in value and quality to one third of the whole of said tract of land which said Judment [sic] and return of said commissioners the said Court of Chancery did afterward to wit: on the fifth day of November in the year Eighteen hundred and forty one ratify and confirm and did further adjudge order and decree that the said Caroline Egnor, John Egnor, Joseph Egnor, Jacob Egnor and Hannah Catharine Egnor should hold in common and not jointly free from all claim of the other parties to the said suit all that part of the land in the said proceedings mentioned which is described in the return of the aforesaid commissioners and the plot accompanying the same as Lot number three as by reference to the said commission and the proceedings thereon in the said Court of Chancery of Record remaining will more fully and at large appear And whereas the said William Mackey, Adam Whann, Henry H Gilpin, and John Underwood the surviving commissioners as aforesaid in pursuance of the act of Assembly aforesaid and the several supplements thereto, are authorized to execute these presents as a full and entire conveyance to the said Caroline Egnor, John Egnor, Joseph Egnor, Jacob Egnor and Hannah Catharine Egnor of the thereinbefore described piece or parcel of land entitled Lot number Three Now this Indenture Witnesses that the said William Mackey, Adam Whann, Henry H Gilpin, and John Underwood the surviving commissioners aforesaid in consideration of the Sum of five dollars current money to them in hand paid by the said Caroline Egnor, John Egnor, Joseph Egnor, Jacob Egnor and Hannah Catharine Egnor, they the said William Mackey, Adam Whann, Henry H Gilpin, and John Underwood the surviving commissioners as aforesaid have granted bargained sold aliened released enfeoffed conveyed and confirmed and by these presents do grant bargain sold[sic] alien enfeoff release convey and confirm unto said Caroline Egnor, John Egnor, Joseph Egnor, Jacob Egnor and Hannah Catharine Egnor as aforesaid their heirs and assigns forever all the right title interest claim and estate of the said John Egnor deceased in and to the said piece or parcel of land thereinbefore mentioned and described as Lot number Three lying and being in Cecil County aforesaid. To Have and To Hold all the right title interest claim and estate of the said John Egnor deceased of in and to, the said piece or parcel of land and premises so as aforesaid described with the appertenances unto the said Caroline Egnor, John Egnor, Joseph Egnor, Jacob Egnor and Hannah Catharine Egnor as aforesaid their heirs and assigns forever to the only proper use and behoof of the said Caroline Egnor, John Egnor, Joseph Egnor, Jacob Egnor and Hannah Catharine Egnor as aforesaid their heirs and assigns and to and for no other use intent or purpose whatsoever. In testimony whereof the said William Mackey, Adam Whann, Henry H Gilpin, and John Underwood as surviving commissioners as aforesaid have hereunto subscribed their names and affixed their seals on the day and year first hereinbefore written. Adam Whann Henry H Gilpin John Underwood Signed Sealed & Delivered in the presence of John A Rankin David Alexander State of Maryland, Cecil County, to wit Be it remembered that on this twelfth day of May in the year of our Lord one thousand Eight hundred and forty five before the subscriber two of the State of Maryland’s Justices of the Peace in and for Cecil County aforesaid personally appear the within named Adam Whann, Henry H Gilpin, and John Underwood commissioners appointed by the High Court of Chancery to devide the Real Estate of John Egnor deceased they being Known to us to be the Identicle[sic] persons named and described as and professing to be parties grantors in the within instrument of writing and acknowledged the said within Indenture or instrument of writing to be their respective act and Deed according to the true interest and measure thereof and of the act of Assembly in such case made and provided. In testimony whereof we do herewith subscribe our names on the day and year above written. John A Rankin David Alexander Recorded on the 19th day of December 1845 & examind Delivered Hiram McCullough Atty May 23 1855 Per Geo McCullough Clk See the following site for info on other persons with surname Egner who lived in Cecil Co, MD http://homepages.rootsweb.com/~pda