Guardian of Elizabeth Shook Submitted by Carmen Finley ****************************************************************** 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. ****************************************************************** Guardian of Elizabeth Shook, James Roy to Robert S. Bostwick, land in Phelps, Ontario County and Lyons, Wayne County, NY, 21 January 1837, Wayne County book 65, page 307. THIS INDENTURE made the twenty first day of January in the year of our Lord one thousand eight hundred and thirty seven between Israel Beal of Junius County of Seneca and state of New York Guardian under part third chapter one Title two Article seven Section one hundred seventy two of the Revised Statutes of this State of Elizabeth Shook James Roy Infant children and heirs at Law and Andrew I Roy Infant Grandchild and heir at Law of Andrew Roy deceased of the first part and Robert S. Bostwick of the town of Phelps County of Ontario and State of New York of the second part Whereas the said Andrew Roy in his life time and at the time of his death was seized in fee of all that certain messuage dwelling house farm and tract of land situate partly in the town of Phelps in the county of Ontario and partly in the town of Lyons and County of Wayne being the farm of which Andrew Roy deceased late of the town of Phelps aforesaid died seized and consists of three several parcels of land adjoining as included in three several deeds to with a certain deed executed by John Hornby to the said Andrew Roy deceased dated the thirtieth day of December eighteen hundred and sixteen and conveying to the said Andrew Roy deceased his heirs and assigns all that certain piece or parcel of land situate lying and being in lots number forty six and forty seven in Mendenhalls survey in the Gore in the said county of Ontario bounded as follows that is to say beginning at the south east corner of John Rhea's land running thence west seventy rods thence north one hundred and fifty four rods thence west fifty four rods thence south one hundred and fifty four rods thence west two rods thence south sixty four rods thence east one hundred and twenty four rods thence north sixty four rods to the place of beginning containing one hundred and one acres one rood and fifty two perches of land as surveyed by Andrew Dorsey and also a certain deed executed by Aaron Stocker to the said Andrew Roy deceased dated the twenty fourth day of March eighteen hundred and twenty six conveying to the said Andrew Roy his heirs and assigns all that certain tract or parcel of land situate lying and being in lot number forty six in Mendenhalls survey in the Gore between the old and new pre-emption lines in the county of Ontario bounded as follows in the county of Ontario bounded as follows that is to say beginning at the south east corner of Hugh Browns land running thence west twenty five rods and two links thence south ten degrees east sixteen rods thence east one hundred and sixty four rods thence north sixty rods thence west one hundred and forty one rods and twenty three links thence forty four rods to the place of beginning containing fifty five acres and a half excepting and reserving from the tract above described ten acres from the south east part of the said tract which was heretofore conveyed by the said Aaron Stocker to Israel Beal and lies east of the east line of the highway excepting from the land conveyed by the last mentioned deed to the said Andrew Roy about fourteen acres of land conveyed by the said Andrew Roy in his life time to Daniel Baker and also certain other deed executed by Benjamin Brink and Fanny his wife to Margaret Roy widow of the said Andrew Roy deceased Coll Roy May Lush wife of Jacob Lush Elizabeth Roy James Roy and Esther Roy children and heirs of Andrew Roy deceased dated the eighteenth day of February eighteen hundred and thirty conveying to the said Grantees the land therein mentioned and the estates therein mentioned and limited to each of the said Grantees as follows to wit All that certain tract or parcel of land situate lying and being in lot number forty seven in Mendenhalls survey in the Gore between the old and new pre-emption lines in the town of Phelps in the county of Ontario beginning at the south east corner of a certain piece of land conveyed to said Brink by John Hornby by his attorney John Greig being part of said lot forty seven running thence northerly on the west line of John Bakers land nine chains and twenty links thence westerly on the line of Wayne County seventeen chains thence southerly parallel with the east line ten chains and ten links and thence easterly seventeen chains to the place of beginning containing sixteen acres one rood and thirty three perches of land and Whereas the said children grandchild and heirs at Law of the said Andrew Roy being seized as tenants in common in fee simple of the said premises in manner following that is to say each of them the said infants being seized of one equal undivided fourth part of the premises subject to the right of dower therein of Margaret Clindinen the widow of the said Andrew Roy deceased and the estate of the said Andrew J. Roy in the said premises being subject to the right of dower of Susan Roy, widow of Coll Roy deceased application was lately made to the Chancellor of the said state for the sale of said premises pursuant to the provisions of the said Revised Statutes and his Honor Daniel Moseley then and yet Vice Chancellor of the seventh circuit of the state of New York on the fifth day of February 1836 at a Court of Chancery held for the state of New York at the town of Onandaga in said circuit upon the petition of Joseph Clendinen and Margaret his wife these being the next friends of the said Infants was pleased to make a certain order in due manner in conformity with the said Revised Statutes and according to the practice of the said Court of Chancery appointing the said Israel Beal to be the Guardian of the said Infants for the purposes in the said petition mentioned upon his executing a bond with two sureties to each of the said Infants for the faithful and just performance of that trust and upon his filing such bonds with the Clerk of the said Court at his Office in Auburn after the same should have been executed and approved as in the said order is required and it is further by the said order directed that upon such bonds being executed and filed it be referred to William Sisson Esquire one of the Masters in this Court to ascertain the truth of the facts set forth in the said Petition and to report thereon according to the provisions of the revised statutes and according to the practice of the said court and Whereas at a Court of Chancery held for the state of New York at the town of Onandaga in the said circuit on the nineteenth day of September one thousand eight hundred and thirty six before the said Daniel Mosely then and yet Vice Chancellor of the said seventh circuit bonds to each of the said Infants having been duly executed approved and filed according to the course and practice of the said Court the report of the said Master in the premises dated the 24th day of August 1836 was presented to the said Court and by the said Court read and filed by which it appears amongst other things that a sale of the said lands of the said Infants in the said Petition mentioned and described would be beneficial to the said Infants and every ways conducive to their interest and by which it also appears for what reasons and upon what terms the said lands of the said Infants ought to be sold and thereupon it was by the said Vice Chancellor ordered that the said report and all things therein contained and also the appointment of Israel Beal as special Guardian to the said Infants for the purposes of the said application by the order of this Court heretofore made and referred to be and the same were thereby confirmed and made absolute and it was by the said Court then and there held by the said Vice Chancellor further ordered that the said Guardian hereby appointed may sell all and singular the right and title of the said Infants to the said lands in the said Petition set forth and described in such manner as the said Guardian shall deem the most advantageous to the interests of the said Infants and not below a certain sum in said order mentioned which sum included the rights and interest of the said Margaret Clendinen and Susan Roy and it was further ordered by the said Court then and there that before any deeds should be executed upon any such sale the terms of the sale should be reported to the Vice Chancellor by the said Guardian in writing and upon his oath to be taken before an officer authorized to administer the same to the end that the same might be passed upon the court before the same should be confirmed and that the Court might make such orders in the premises as should be Just and Whereas the said Margaret Clendinen in conjunction with her husband and the said Susan Roy have by separate deeds granted and conveyed to the said party of the second part all their rights and interests in the said lands And Whereas the said Israel Beal the party of the first part as such Guardian and in pursuance of the said several orders of the said Court did on the third day of December eighteen hundred and thirty six agree to sell to the said party of the second part all the rights and interests of the said Infants in the lands and premises in the said Petition and proceedings set forth for the sum of Two thousand three hundred and fifty eight dollars and eighty one cents which agreement was reduced to writing and signed by the parties which sale and the terms thereof were duly reported to the said Vice Chancellor by the said Guardian in writing and upon his oath and therefore his honor the said Vice Chancellor by an order made at a Court of Chancery afterwards held by him at the town of Onondaga on the thirteenth day of December one thousand eight hundred and thirty six was further pleased among other things to order that the said sale be allowed and confirmed as by reference to said order remaining in the minutes of said Court will appear Now Therefore the Indenture Witnesseth that the said party of the first part acting as such Guardian in pursuance of the said Orders of the said Court of Chancery and by virtue thereof and for and in consideration of the said sum of Two thousand three hundred and fifty eight dollars and eighty one cents to him in hand paid at and before the ensealing and delivery of these presents by the said party of the second part for the uses and purposes in the said orders mentioned the receipt whereof the party of the first part doth hereby acknowledge by these presents hath granted bargained sold aliened remised released and confirmed and by these presents doth fully freely and absolutely grant bargain sell alien release and confirm unto the said party of the second part his heirs and assigns forever all the said three equal undivided fourth parts of the said messuage parcel of land farm and premises in the said Petition and herein described and set forth together with all and singular the hereditaments and appurtenances whatsoever thereunto belonging or in any wise appertaining and the reversion and reversions remainder and remainders rents issues and profits thereof and every part and parcel thereof and all the estate right title and interest property and possession of the said Infants and of each and every of them in and to the same to have and to hold the said premises with the appurtenances unto the said party of the second part his heirs and assigns to the sole use benefit and behoof of the said party of the second part his heirs and assigns forever In Witness Whereof the said party of the first part hath hereunto set his hand and seal the day and year first above written. Sealed and delivered in presence of D. Mitt Parshall Israel Beal (seal) Wayne County. On the first day of July 1837 before me a Comr of deeds of said County came Israel Beal whom I know to be the person described in and who executed the within deed and acknowledged he had executed the same. D. Mitt Parshall State of New York County of Wayne I hereby certify that D. Mitt Parshall before whom the execution of the annexed instrument was proved or acknowledged was at the time of taking such proof or acknowledgment a Commissioner of deeds in and for said County duly authorized to take the same and that I am well acquainted with his handwriting and verily believe his name subscribed to the certificate of such proof or acknowledgment to be genuine In Testimony Whereof I have hereunto subscribed my name and affixed the seal of the court of Common Pleas of said County this first day of July 1837. D. Chapman Dep. Clerk A True Copy of the Original recorded 1 April 1839 at noon and examined. Thomas Hall. Clerk