Land: CHERRINGTON, Clement & Mary [widow Matthews] to KIRBY, Thomas 1754: Exeter Township, Berks Co., PA. Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/pafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Bob Keyes ************************************************ Transcription of deed from Clement & Mary Cherrington of Exetor, Berks Co., PA to Thomas Kirby which includes the will of Robert Matthews of Exetor and the original land grant to Robert Matthews dated 16 May 1740. Copy provided by Dean Cherrington WPA Transcribed Copy, copied from the Berks County Records, Deed Book Vol. 574; pg 283; Reading, Penna Transcribed by: Robert W. Keyes on Jan 10, 2004 DEED. | This Indenture made the Twenty eighth CLEMENT CHERRINGTON ET UX. ET AL. | Day of May in the year of our Lord One thousand seven humdred TO | and fifty four. THOMAS KIRBY. | BETWEEN CLEMENT CHERRINGTON of the Township of Exeter | (formerly in Philadelphia County, but now) in the new County | of Berks in the Province of Pennsylvania Currier and Mary his wife, late Mary Mathews Widow of Robert Mathews late of Exeter in the County of Philadelphia deceased, and Michael Warin late of the same Township, but now of Augusta County in Virginia, yeoman (which Mary and Michael are Executrix and Executor of the Testament and last will of the said Robert Mathews) of the one part; --------- AND ------------- THOMAS KIRBY formerly of Exeter aforesaid but now of Maiden Creek in the said County of Berks Yeoman of the other part. Whereas the Honorable John Penn, Thomas Penn and Richard Penn Esqs. Proprietaries and Gover- nors in Chief of the Province of Pennsylvania by their Patent or Grant dated the sixteenth of May 1740 did grant and confirm unto the aforesaid Robert Mathews a Tract of land situate on Schuylkill River near Amity Township (then) in the County of Philadelphia Bounded as follows, viz- Beginning at a Hickory Tree on the Eastern Bank of Schuylkill River at a corner of John Jones's land and extending thence by the same and land of John Albright, North twenty Degees East four hundred ninety three perches to a post thence by land of William Roberts & Squire Boone South Seventy Degrees East seventy nine perches to a post thence by land of Conrad Sadler South twenty Degrees West four hundred and forty one perches to a Chestnut oak by the aforesaid River thence up by the same on several courses ninety eight perches to the place of Beginning. Containing two hundred and twenty Acres and three quarters of an Acre of land and the allow- ance of six Acres P Cent for roads and highways. To hold to him the said Robert Mathews his Heirs and Assigns forever. Under the yearly Quit Rent of one half penny Sterling for every Acre of the same or value thereof in Coin Current &c. As in and by the said Patent recorded at Philadelphia in Patent Book A, Vol. 10 Pages 99 &c., Relation being thereunto had, at large appears. And Whereas the said Robert Mathews, having sold and conveyd divers parcels of the said two hundred and twenty Acres and three Quarters of an Acre of land and allowance but remaining still so as aforesaid seized of the following part or parcel thereof situate in Exeter Township aforesaid viz. Beginning at a Hickory Tree on the Bank of the River Schuylkill at a corner of land of the aforesaid Thomas Kirby and extending thence by the line of the said Thomas Kirby's land North twenty Degrees East one hundred and twenty seven perches and one half of a Perch to a corner of Robert Patterson's land (which land is part of the large tract herein before described) thence by the same land the three following courses, viz; East twenty degrees South thirty nine perches and one half of a perch to another corner thence North Twenty Degrees East seventy eight Perches to a Hickory Grub at a corner thence East twenty Degrees South Forty one perches and one half of a perch to a Stake at a corner of the said Patterson's land and of land of Conrad Sadler, thence by the said Conrad Sadler's land South Twenty Degrees West one hund red and thirty eight perches to a Red Cedar Stake on the Bank of the said River Schuylkill and thence up the said River Schuylkill the several courses thereof to the place of Begin ning. Containing sixty nine Acres and one Perch with the Appurtenances, did make his last will and Testament in Writing bearing Date the Twelfth of May 1748 wherein his Estate reall and personal is disposed of in the words following viz: "Im" primis my will and mind is that first of all my just Debts be honestly paid by my Executrix I give and bequeath unto my children John, Townsend, Amelia, Robert, Rebecca, Mary, & Soloman, to each of them the sum of Five Shillings Item I give and bequeath unto my beloved wife Mary in Lieu of her Dower all the residue of my Estate Reall & personall quick & Dead . To be held and enjoyed by her as long as she shall remain my widow but in case she should marry or dye before my children are of Age Then I order all my Estate "to be sold & disposed of, and the money to be divided amongst my children so that each son shall have a double share or twice as much as each Daughter" and thereof the said Testator did appoint his wife Mary and the said Michael Warin Executors, as in & by the said last Will duly proved and registered in the Register General's Office at Philadelphia the 6th of June 1748, Relation being thereunto had, appears. And Whereas the said Robert Mathews shortly after the making of the said last will, being so seized of the said last described Tract as in his Estate aforesaid, died. And Whereas the said Mary Mathews intermarried with the aforesaid Clement Cherring ton on or about the tenth Day of April in the Year 1750 not one of the children named in the last will above recited being then arrived at the Age of Twenty one years. AND WHEREAS also the said Clement Cherrington and Mary his wife and Michael Warin, after due and public notice given of the Time and Place of Sale, did on the twenty first Day of the present month of May, expose to Public Vendue the said last described Tract of land and did sell the sameto Thomas Kirby for the sum of One hundred and thirty three pounds lawful money of Pennsylvania, He being the highest Bidder, Now this Indenture Witnesseth that for and in consideration of the said sum of one hundred and thirty three Pounds, lawful money aforesaid to them the said Clement Cherrington and Mary his wife and Michael Warin in hand paid or secured to be paid before the ensealing and delivery hereof by the afore- said Thomas Kirby and in Pursuance and by force and virtue of the Powers to them the said Mary Mathews (now Mary Cherrington) Executrix and Michael Warin Executor by the Testament and last will above recited given And in order to fulfull the Purpose & Direction of the Testator in the same will declared, They the said Clement Cherrington and Mary his wife and Michael Warin have granted bargained sold aliened enfeoffed released and confirmed And by these Presents do grant bargain, sell alien enfeoff release and confirm unto the said Thomas Kirby (in his actual possession now being by Force and Virtue of a Bargain and sale to him thereof made for one whole year by Indenture made between the same parties as these presents bearing date the day next before the day of the date of these presents) and to his Heirs and Assigns. All that the aforesaid Plantation or Parcel of land last above described containing sixty nine Acres and one Perch Together also with all and sing ular the houses buildings improvements orchard gardens meadows woods ways waters water courses rights liberties privileges hereditaments and appurtenances whatsoever thereunto be- longing or in any wise appertaining and the Reversioins and Remainders Rents Issues and Profits thereof. To have and to hold the said Parcel of land containing sixty nine Acres and one Perch hereditaments and premises hereby granted or mentioned to be granted with the Appurtenances unto the said Thomas Kirby his Heirs and Assigns. To the only proper use their and every of their Heirs executors and administrators do covenant promise and grant -- --- with said Thomas Kirby his Heirs and Assigns by these Presents that they the said Clement Cherr- ington and Mary his wife and Michael Warin have not, nor hath either of them, done or wittingly or willingly suffered or caused to be done or suffered any act matter or thing whereby the premises hereby granted or mentioned so to be or any part or parcel thereof is or shall or may be any ways charged or imcumbered in title charge estate or otherwise howsoever and that they the said Clement Cherrington and Mary his wife and Michael Waren and every of them their and every of their Executors or Administrators the said Parcel of land hereby granted against them the said Clement Cherrington and Mary his wife and Michael Warin and their Heirs and the Heirs of Every of them and against all and every other Person or Persons lawfully claiming or to claim by from or under them or any of them or by from or under the said Robert Mathews deceased or his Heirs shall and will warrant & forever defend by these presents. IN WITNESS WHEREOF the said Parties to these Presents have interchangeably set their hands and seasl hereunto Dated the day and year first above wrtten. SEALED AND DELIVERED his (The word "east" and the word "South" being | Clement x Cherrington (SEAL) each of them twice written on Erasures in | mark the second description) and the words "and | Mary Cherrington (SEAL) sale" being interlined between the 35th & | 36th Lines of the above Indenture ) In the | Michael Waren (SEAL) Presence of us. | John Mathews | James Whitehead Junr. | | BERKS COUNTY, SS: Be it remembered that On this Twenty Eighth Day of May in the year of Our Lord one thousand seven hundred and fifty four. Before me James Read Esq. One of His Majesty's Justices &o came Clement Cherrington and Mary his wife and Michael Warin and brought the above written Deed indented and severally acknowledged the same to be their act & deed and desired the same may be recorded as such according to Law. She the said Mary being examined and the contents being made known unto her voluntarily consented the receipt indorsed likewise acknowledged by them. In Witness Whereof I have hereunto set my Hand & Seal at Reading in Berks County on the Day & Year aforesaid. James Read (SEAL) Received the Day of the Date of the within written Indenture of the within named Thomas Kirby the sum of one hundred and thirty three pounds it being the consideration money within mentioned. We say recd Pr. Us. the mark of Witness Clement x Cherrington John Mathews Mary Cherinton James Whitehead Junr. Michael Waren Recorded October 26 A. D. 1923 [signed] Charles W. Swoyer, Recorder. _________________