ELISHA ROYCE DEED, ONTARIO, NEW YORK Copyright (c) 2000 by Ray Allen (rrallen@isoc.net). ************************************************************************ USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submittor has given permission to the USGenWeb Archives to store the file permanently for free access. ************************************************************************ 1830 Deed Elisha Royce heirs to Elisha Royce Mather (source: Deed dated 3-9-1830, Elisha R. Mather, Ontario County NY Records & Archives, Canadaiqua, NY) This Indenture Made the ninth day of March in the year of our Lord one thousand eight hundred and thiry between Ariel Hendee, Enoch A. Hall and Elisha Eggleston all of the town of Bloomfield in the county of Ontario in the state of New York, commissioned appointed in and by a rule of the Court of Common plea in and for the county of Ontario in said state, made in November Term in the year of our Lord one thousand eight hundred and twenty nine to make partition of the premises hereafter described, among the owners thereof, of the first part, and Elisha R. Mather of the Town county & state aforesaid of the second part: Whereas Betsey West, James Harvey & Polly Harvey his wife did in August term in the year eighteen hundred twenty nine exhibited to the court of common plea of the county of Ontario in the said state a petition setting forth that the said petitioner Betsey West and Nehemiah Royce, Samuel Royce, Christopher Higgins Royce, Lydia Royce & Jonathan Royce (the last named person a minor under the age of twenty one years) were each respectively seized in fee simple as tenants in common of one equal undivided thirteenth part of the whole into thirteen equal parts to be divided of all that certain tract or parcel of land, situate in township No.ten in the fifth range of Townships in said county of Ontario being, that part of lot number forty six, conveyed heretofore by Benijah Alger and Lydia his wife to Elisha Royce now deceased, bounded west by a highway, south by lands of Payne K. Leach, east by lands of Iol(sp) Lyon and north by lands formerly conveyed by one Alger, to Betsey Lyon wife of Aaron Lyon, containing about thirty six acres of land, the said Petitioners also further setting forth, that the said Petitioners, James Harvey & Polly his wife were seized in right of the said Polly in fee simple as tenants in common of one other equal and undivided thirteenth part of the said premises, that Elijah Mack and Eliza his wife in right of the said Eliza were siezed in fee simple as tenants in common of one other equal and undivided thirteenth part of the said premises, that John Mather and Sally his wife in right of the said Sally were siezed in fee simple as tenants in common of one other equal and undivided thirteenth part of the said premises, that Robert Reed and Phebe his wife were seized in right of the said Phebe in fee simple as tenants in common of one other equal and undivided thirteenth part of the said premises, that Abner Comstock and Nancy his wife were seized in right of the said Nancy in fee simple as tenants in common of one other equal and undivided thirteenth part of the said premises, that David Thompson second and Lois his wife were seized in right of the said Lois in fee simple as tenants in common of one other equal and undivided thirteenth part of the said premises, that William Lewis and Jemima his wife were seized in right of the said Jemima in fee simple as tenants in common of one other equal and undivided thirteenth part of the said premises as by the said Petition filed in the Office of the Clerk of the said county, reference thereunto being had, will fully appear and whereas the said parties to these presents of the first part, were in due form of law appointed by the said Court of commom plea, commissioned to make partition of the said premises among the said owners thereof according to their respective rights therein as by the records of the said court reference thereunto being had will manifestly appear: and whereas such proceedings were afterward had in the said court upon and by reason of the said petition and the appointment of the said commissioners for the purposes aforesaid that they the said Commissioners were by a rule of the said Court duly authorized and required to sell the said premises with the appurtenances at public vendue to the highest bidder, giving at least the same prevision public notice of the time & place of such sale as Sheriffs were required to give on sale of real estate on exections and after each sale to make report therof to the said court as by the records of the said court reference being thereunto had will also manifestly appear and whereas the said commissioners did in pursuance ofsuch authority and direction after having given more than six weeks previous notice of the time and place of such sale in the manner in which Sheriffs were required by law to advertise the sale of real estate on Execution sell the said premises at public vendue on the fourteenth day of January in the year of our Lord one thousand eight hundred & thirty at Elisah Eggleston's tavern, in the said town of Bloomfield, to the said Elisha R. Mather the said party to these presents of the second part, for the sum of three hundred and eighty two dollars which said purchaser was the highest and best bidder for the said premises, and whereas, such sale was afterwards in dure form of law reported to and approved of by the said court, and it was thereupon considered & adjudged by the same Court, that the said sale should be valic and effectual in law, and the said commissioners were by a further rule of the said court, duly authorized & required to execute a good and sufficient conveyance in the law for the said premises so sold to the said purchaser thereof, as by the records of the said Court reference being thereunto had will also manifestly appear and at large appear. Now therefore this Indenture Witnesseth, that the said parties to these presents of the first part, in pursuance of the direction & authority to them given as last above mentioned, & for and in consideration of the sum of three hundred & eighty two dollars to them in hand paid by the said party of the second part at & before the ensealing and delivery of these presents the receipt whereof is hereby acknowledged and the said party of the second part there from acqutted and discharged have granted bargained sold aliened conveyed and confirmed and by these presents do Grant bargain & sell alien convey and confirm unto the said party of the second part his heirs and assigns forever all the estate right title and interest which the said parties of the first part have or had or which the said Betsey West, James Harvey & Polly his wife, Nehemiah Royce, Elijah Mack & Eliza his wife, John Mather & Sally his wife, Samuel Royce, Robert Reed and Phee his wife, Abner Comstock & Nancy his wife, David Thompson second & Lois his wife, William Lewis & Jemima his wife, Christopher Higgins Royce, Lydia Royce and Jonathan Royce have or had in & to all and singular the said premises above described with the hereditaments and appurtenances to the same belonging or appertaining and the reversion and reversions remainder and remainders rents (sp) and profits thereof and every had primises of with the hereditaments and appurtenances To have and to hold the said hereby granted premises with the appurtenances and every part thereof unto the said Elisha R. Mather his heirs and assigns to his and their only proper use benefit and behalf forever in as full a manner as the said parties of the first part ought to or lawfully may grant and convey the same by these presents. In Witness whereof the said parties to the presents have hereunto interchangeably set their hands and seals the day and year first above written Ariel Hendee seal Sealed and delivered Enoch A. Hall seal In the presence of Elisha Eggleston seal Jeremiah Horton Thomas Hall Elisha R. Mather seal