Wills: Alexander McIntyre, 1843: Fayette Co

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Westmoreland County, Pennsylvania
Orphan's Court  Vol. #3 pp 301 File # 21N  1847     
Copied July 21, 1978 at Greensburg Pennsylvania by Betty McIntire Goodwin

	May Term A.D. 1843		Monday May 22, 1843

On the petition of John Long and James Pound who are the administrators of Alexander McIntyre 
late of the County of Westmoreland --------Stating that the said Alexander McIntyre in his lifetime 
seized and possessed of a certain tract of land situated in Derry Township in said county containing
 one hundred and ten acres adjoining lands of James Long and others and being so seized and 
possessed, On the first day of April 1837 entered into articles of covenant with Solomon McIntyre
 sealed with the seal of the said Alexander by which the said Alexander for the consideration 
of --------to him to be paid by said Solomon did covenant to grant and convey in fee simple to
 said Solomon McIntyre the said tract of land in Derry Township aforesaid by good and sufficient
 deed on or before the 1st of April 1840.  That the said Alexander died without executing a deed 
to the said  Solomon for the said tract of land and without making any provision by will for carrying
 the said contract into execution, and further that the whole of the consideration was paid by the 
said Solomon to the said Alexander before his death.  That the covenants entered into between the 
said Solomon and Alexander was duly signed by said Alexander and sealed and witnessed by 
Stephen Pounds but by accident the said covenents were never signed and sealed by the said 
Solomon, ------- and fulfilled his part and now claims the fulfillment and execution of the same 
on the part said Alexander, and further that the said Solomon went into possession of the said 
tract of land------- and sold under the said contract and have ever since remained in possession. 
 That the said Alexander McIntyre died leaving no lawful issue, no wife, nor father, nor mother, 
but brothers and sisters to wit: Thomas McIntyre who resides in Armstrong County, John McIntyre 
who also resides in Armstrong County, Solomon McIntyre (to whom the land was sold) who
 resides in Derry Township Westmoreland county, Mary Belcher married to Henry Belcher who 
resides in Derry Township,  Westmoreland county, these being the only heirs and legal representatives
 of the said Alexander McIntyre, deceased.  And prayed that the County call all parties before 
them by a Writ of Suppoena if the said contract ought to be executed that they should so decree 
and do it in the premise as shall seem just and equitable and also call witness to prove such 
contract of 22 May 1842 Suppoena Awarded as prayed for held first day of said term.
Issued 12th June 1843
And now to wit; August 28, 1843, proof of the service of the suppoena being made on the 
respondents the Court heard testimony support of the bill and order and deem that the ------  
of the said----------Agreement  mentioned in the same bill is sufficient and satisfactory and 
decree that the  witness of the said Alexander McIntyre or make a deed fee simple to the said 
Solomon McIntyre upon the balance of the purchase money due on said article being paid or
 issued to them by the court