DEED: Children of Philip HARTING to Jacob GOOD, 1838, Brecknock Twp., Lancaster County, PA File contributed for use in USGenWeb Archives by: Romaine Stauffer staufferhof@comcast.net May 20, 2008, 8:59 pm Copyright 2008. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/lancaster/ _______________________________________________ Brecknock Township Written: June 5, 1838 To All People To whom these presents shall come John Kryder of Greentown Stark County in the State of Ohio Attorney in fact of Richard Harting Samuel Harting, Jacob Row in right of his wife Elizabeth Harting and Henry Click in right of his wife ----- Harting, All of Stark County in the State of Ohio aforesaid they the said Richard Samuel Elizabeth and --- being four of the six Children and legal representatives of Philip Harting late of the same place aforesaid deceased, who was one of the sons and legal representatives of Christian Harting late of Brecknock Township in the County of Lancaster and State of Pennsylvania deceased Send Greeting. Whereas the said Christian Harting in his lifetime by virtue of Sundry good conveyances and afsurances in the law duly had and executed became lawfully seized in his demesne as of fee of and in a Certain Plantation and tract of land Situate in Brecknock Township in the County of Lancaster and State of Pennsylvania aforesaid Containing one hundred & forty or fifty acres, be the same more or left, with the appurtenances, and being so thereof Seized died intestate, After whose death, to wit, at an Orphan’s Court held at Lancaster in and for the County of Lancaster on the fourteenth day of January Anno Domini one thousand eight hundred and five upon the Petition of Philip Harting oldest son and heir at law of the said Christian Harting deceased praying the Court to award an inquest to make partition of the real estate of the said Intestate in the said petition mentioned to and among his Children being eleven in number or their legal representatives in such manner and in such proportions as by the laws of Pennsylvania is directed and appointed if such partition could be made without prejudice to or spoiling the whole, otherwise to value and appraise the same, the said Inquest was awarded by the Court according to the prayer of the said petitioners. And whereas a writ of Partition or valuation Ifsued out of the said Court bearing test the same fourteenth day of January to the Sheriff of the said County directed Commanding him to Summon an Inquest to make partition of the said real estate consisting of another tract of land beside the above mentioned to and among the Children and representatives of the said Intestate according to Law, but if such partition could not be thereof made, as aforesaid, then to value and appraise the same, And that partition or valuation so made he should distinctly and openly have before the Judges of the said Court at Lancaster, And Whereas at which day before the Judges of the said Court the Sheriff of the said County to wit John Reitzel made return of the said writ with a Schedule thereunto annexed by which Schedule or inquisition under the hand and seal as well of the said Sheriff as of the Inquest therein named It appeared by the Oaths and affirmations of the said Inquest that the real estate in the said writ mentioned could not be parted and divided to and among the Children and legal representatives of the said deceased without prejudice to or spoiling of the whole thereof, And therefore the Inquest aforesaid upon their oaths and affirmations aforesaid had valued and appraised the same at the sum of eight hundred and Seventy nine pounds Seventeen Shillings ready money, which return and valuation were on motion Confirmed by the Court, It was considered and adjudged by the said Court that the said Philip Harting eldest son and heir at Law of the said Intestate he having appeared and accepted the real estate aforesaid, upon paying or securing to be paid unto the other children of the said Intestate their Several and respective Shares’in the valuation money aforesaid, Should hold and enjoy the said Real estate valued as aforesaid to him his heirs and afsigns forever as fully and freely as the said Intestate had and held the same in his life time according to Law, As by the Records and proceedings of the said Court relation being thereunto had more fully and at large appears. And whereas according to the Intestate law of the Commonwealth of Pennsylvania one third part of the valuation money aforesaid remained Charged on the premises during the natural life of Barbara Harting widow and relict of the said Christian Harting deceased, the Interest to be paid to her during her natural life, and after her death the said one third to be paid to the Children and legal representatives of the said deceased. And whereas the said Philip Harting and Elizabeth his wife after having first paid and received a General Release of all the rest of the heirs of the said deceased dated the fourth day of April Anno Domini one thousand eight hundred seven, did by their Indenture bearing date with the aforesaid Release for the Consideration therein mentioned and after reciting as therein is recited grant bargain sell and confirm unto Jacob Good his heirs and afsigns one hundred and two acres and on half and ten perches of land neat measure being part of the above mentioned and recited tracts, under and subject however to the payment of the Interest of the one third of the valuation as aforesaid during the natural life of the widow of the said Christian Harting deceased, and after her death the payment of the principal to the heirs of the said Christian Harting deceased which said widow died on the Sixth day of March Anno Domini one thousand eight hundred and thirty five, on which the remaining third became due and payable to the heirs of Christian Harting aforesaid as in & by the above recited Release and Indenture appears Reference thereunto being had Now Know Ye that John Kryder attorney in fact of the four above named Children of Philip Harting deceased for an in consideration of the sum of fifty dollars and fifty three and three quarters cents, that is the sum of twelve dollars and sixty three and a half cents to each of the four Children of the said Philip Harting deceased, there being six children in all and the whole share of the said Philip Harting being Seventy five dollars and eighty and an half cents, in hand paid by the said Jacob Good at and before the ensealing and delivery hereof the receipt whereof he the said John Kryder doth hereby acknowledge and thereof acquit and forever discharge the said Jacob Good his heirs executors and administrators by these presents to have remized released and forever quit Claim and by these presents doth remise release and forever quit Claim unto the said Jacob Good and to his heirs and afsigns all the estate and estates purports and dividends right title Interest property Claim and demand whatsoever of these the four children above named being the two third parts of the share of their father Philip Harting deceased, in law or equity or otherwise have access of in to or out of all that certain Plantation and tract of land containing one hundred and two acres and ninety perches of land neat measure Situate in Brecknock Township Lancaster County aforesaid being the land above mentioned as conveyed to the said Jacob Good by the said Philip Harting and now owned and occupied by the said Jacob Good, together with all and Singular the buildings and improvements rights members and appurtenances whatsoever thereunto belonging or in any wise appertaining and the reversions and remainders rents Ifsurs and profits thereof to have and to hold all and Singular the premises hereby remised and released or mentioned or intended so to be with the appurtenances unto the said Jacob Good his heirs and afsigns to the only proper use and behoof of the said Jacob Good his heirs and afsigns forever. So that neither the said Richard Harting Samuel Harting Jacob Row in right of his right Elizabeth and Henry Click in right of his wife ---- or their attorney heirs or any other person or persons, whosoever lawfully claiming or to Claim by from or under them or any of them shall or may at any time or times hereafter have claim chalange or demand any estate right title or interest of in to or out of the said Mefauage or any part thereof. But thereof and therefrom shall and will be utterly excluded and forever debarred by these presents. In Witnefs where of the John Kryder Attorney as aforesaid has hereunto set his hand and seal the fifth day of June in the year of our Lord one thousand eight hundered and thirty eight. Sealed and delivered in Lancaster County fs In the presence of O.R. Wilson John Wilson Be it remembered that on the fifth day of June 1838 before me John Wilson esquire one of the Justices of the Peace in and for the Said County came the above named John Kryder as Attorney in fact of the above named Children and acknowledged the above written Release to be his act and deed and delivered that the same might be Recorded as such according to Law. In Testimony whereof I have hereunto Set my hand and Seal the day and Year aforesaid. John Kryder (Seal) John Wilson (Seal) Additional Comments: This Release was not recorded in the Lancaster County courthouse. It has been transcribed from the original copy.