Othcourt: Adam Hamacher Indenture of 1793: Lancaster County

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                       Adam Hamacher Indenture of 1793


      In the County Court House at Harrisburg there is on record a
document  which is of very special interest to us and we shall
frequently refer to it as the Indenture of '93.  It is too long to be
reproduced verbatim, chiefly because of the endless repetition of
technical legal phrases which have no significance to us.  Therefore,
after repeating the introductory lines we shall restate, briefly in
the language of the layman, each item in order as presented.

                   HEIRS OF ADAM HAMAKER Decd.
                               to
                          ADAM HAMAKER

 This indenture made the Eighteenth day of February in the year of
our Lord One Thousand Seven Hundred and Ninety Three Between Henry
Hamaker of Mifflin County in the Commonwealth of Pennsylvania yeoman
and Mary his wife Abraham Hamaker of Dauphin County Commonwealth of
Pennsylvania aforesaid yeoman Peter Hamaker of Lancaster County in
the Commonwealth aforesaid yeoman Isaac Hammaker of Dauphin county in
the Commonwealth aforesaid yeoman David Hamaker of -- County in the State of Virginia
yeoman and Ann his wife Francis Groff of Lancaster County in the
Commonwealth aforesaid yeoman and Eve his wife 
Anthony Shoemaker of Lancaster County in the Commonwealth aforesaid yeoman and 
Elizabeth his wife 
Adam Lombard of ---- county in the State of Virginia yeoman and Salama his wife 
John Etter of Lancaster County in the Commonwealth aforesaid yeoman and Ann his wife 
and Samuel Hamaker of Franklin County in the Commonwealth aforesaid yeoman and Ann his wife 
(They the said Henry Hammaker Abraham Hamaker Peter Hammaker Isaac Hammaker David Hammaker
Eve the wife of the said Frances Groff Elizabeth the wife of the said Anthony Shoemaker 
Salama the wife of the said Adam Lombard Ann the wife of the said John Etter 
Christian Hammaker and Samuel Hammaker being the children of Adam Hammacher late of the 
County of (then Lancaster but now) Dauphin aforesaid yeoman Deceased) of the one part 
and Adam Hammaker of the County of Dauphin in the Commonwealth aforesaid Esquire 
(Eldest son of the said Adam Hammaker Deceased) ofthe other part

WHEREAS the late Proprietaries of the then Province of Pennsylvania
by their Patent bearing date the Twenty First day of May in the year
of our Lord One Thousand Seven Hundred and Sixty Two Recorded in the office for the
Recording of Deeds for the City and County of Philadelphia in Patent Book AA Vol. 3 
page 313 etc. did give and assign forever a certain tract or piece of land situated 
in Derry Township in the (then Lancaster but now Dauphin County aforesaid in the said 
patent bounded and described as follows

to-wit---- containing two hundred and ninety five Acres and the usual
allowance of six per cent for roads and Highways and

WHEREAS the said Proprietaries in and by their certain other patent
bearing date the Twentieth day of August in the year of our Lord 
One Thousand Seven Hundred and Sixty Six Recorded in the office for Recording of Deeds
for the City and County of Philadelphia in Com: Book A Vol 3 Page 197 etc. 
did give grant and confirm unto the said Adam Hammaker his heirs and assigns forever 
a certain other tract or piece of Land situate in Derry Township in County of Dauphin
aforesaid bounded and described in the said Patent as follows 
to-wit-------containing One Hundred and Nineteen Acres and a half and
allowance of six acres pec. for roads &c And WHEREAS the said Adam
Hammaker in and by his last will and Testament bearing date on the
Twenty ninth day of August in the year of our Lord One Thousand Seven Hundred 
and Eighty three duly proved and remaining in the Registers Office at
Lancaster did give and devise the two tracts or pieces of Land above
described unto his two sons Adam Hammaker and Christian Hammaker, subject to the Payment
of the Valuation or Appraisement Money which was thereof made and ordered to be paid to
the other children according to the directions contained in the will and last will and
testament aforesaid as in and by the said will and testament will more fully 
and at large appear relation thereto being had and Whereas the said Proprietaries 
in and by their certain other Patent bearing date on the Twenty fourth day of August 
in the year of our Lord One Thousand Seven Hundred and Sixty Four Recorded in the
Office for Recording of Deeds for the City and county of Philadelphia
in Patent Book AA Vol. 4 Page 520R did give grant and Confirm unto John
Bridle his heirs and assigns forever a certain tract or piece of land situated 
in Derry Township in the County of Dauphin aforesaid in the said Patent bounded 
and described as follows

to-wit----containing One Hundred and Seventy Four Acres----- and Whereas the said 
John Brindle and Catherine his wife ------ (sold to Adam Hammaker Oct. 21, 1773) 
And Whereas Joseph Shearer in and by his indenture bearing the date of the 
seventh of October in the year of our Lord One Thousand Seven Hundred and Seventy Six 
(Sold to Adam Hammaker - ---- a certain bank of land on Swatara Creek
in Paxton Township for the use of joining a mill-dam thereto Beginning-----) 

 And Whereas the said Adam Hammaker in and by his last will and testament aforesaid 
did give and devise the above described tract or piece of 174 Acres unto his sons 
Philip Hammaker and Samuel Hammaker subject to the payment of the valuation thereof 
to the other children as aforesaid and whereas the said Adam Hammker being also in his 
life time and at the time of his death by virtue and in pursuance of some good and 
lawful grants warrants location or conveyances to him made seized and possessed of 
two certain other tracts or pieces of warranted or located Land one of them situate 
in West Hanover Township---- on Swatara Creek containing about Nineteen and one half Acres 
the other on Mahontongo Creek part in upper Paxton Township and part in
Northumberland county ---containing about Three hundred Acres of which said two tracts of
warranted or located land the said Adam Hammaker made no disposition
either by will or otherwise and died intestate therefore the same descended to his
children as heirs and Whereas the said Christian Hammaker and Samuel Hammaker having 
agreed to sell and convey to said Adam Hammaker Esquire (party thereto) his heirs 
and assigns as well as all their certain and respective moieties or shares and estates 
in the above described tracts of land divided unto them severally in and by the last will 
and testament of the said Adam Hammaker deceased as also their several and respective 
shares parts and estates of and in all the other lands and real estate of the said 
deceased  And all the other children and parties above named have likewise agreed to sell 
and convey their several and respective shares parts and estates of and in all the above 
mentioned lands and real estate of the said deceased unto the said Adam Hammaker Esquire 
his heirs and assigns forever  NOW this Indenture witnesseth that the said Henry
etc. etc. for and in consideration of the sum of £11696/5 lawful money of Pennsylvania to
them in hand paid (sell all their rights in above properties)

                          NOTES ON THE WILL AND INDENTURE
       In his will Adam does not list his heirs.  He says they are all to have equal shares.  
John is to have an extra pound, possibly because as an executor he will be put to
considerable expense owing to his living at a distance. 
The others who are named are occupying some part of his estate and he gives them the
privilege of holding the property by payment of a stated sum to the estate.
       In the indenture of 1793 most of the heirs are named but it is not intended 
as a list of the heirs.  It is merely a contract by which some of the heirs agree 
to sell their interest in their father's estate to Adam Esq.  John and
Philip are not selling hence, they are not named.

                             THE SONS AND DAUGHTERS OF
                                 ADAM AND EVE-ANN

 Adam X Mary Shoemaker                            Dauphin Co.
 John X Maria Bollinger                           Lancaster Co.
 Ann X John Etter                                 Lancaster Co.
 Maria Salome X Adam Lombard (Lambert)            Virginia
 Eve X Frances Groff                              Lancaster Co.
 Elizabeth X Anthony Shoemaker                    Lancaster Co.
 Henry X Mary Tschudy                             Mifflin Co. ?
 Abraham                                          Dauphin Co.
 Peter (Peter Jr.?) X Elizabeth                   Lancaster Co.
Berlin, Ont.
       Shafer
 Isaac  X?                                        Dauphin Co.
 David X Ann Herr                                 Lancaster Co. Pa.-Va.
 Christian X Ann Ginder                           Cumberland Co. Va
 Samuel X Ann Overdear                            Franklin Co.
 Philip X Molly                                   Dauphin Co.