DEED: KURTZ, LUDWIG & Others to John EBERLY, 1827, Elizabeth Twp., Lancaster County, PA

File contributed for use in USGenWeb Archives by:
Vicki Hutchison vickihutchison@earthlink.net December 8, 2009, 2:16 pm

Copyright 2009.  All rights reserved.
http://www.usgwarchives.net/copyright.htm
http://www.usgwarchives.net/pa/lancaster/
_______________________________________________

Source:  Lancaster Co., Pennsylvania Deed book H5, page 263-266 

Elizabeth Township
Written: April 4, 1827
Recorded: March 19, 1827

Kurtz, Ludwig & others to John Eberly }  To all people to whom these presents 
shall com Ludwig Kurtz and Mary his wife, Abraham Bear, Joseph Eberly and 
Jacob Hagy the Administrators of the estate of David Eberly deceased, 
Christian Brubaker and Elizabeth his wife, John Shirk and Anna his wife, 
Samuel Gacklin and Susanna his wife, Samuel Eberly, Joseph Eberly, Jacob 
Eberly, Jacob Hershberger and Magdalen his wife, Samuel Hersberger and 
Catharine his wife and Veronica Eberly the said Mary, David, Elizabeth, Anna, 
Susanna, Samuel, Joseph, Jacob, Magdalen, Catharine and Veronica are Eleven of 
the Children of Jacob Eberly late of Cocalico Township in the County of 
Lancaster Yeoman deceased.  Send Greeting.  Whereas Jacob Eberly the Father 
and Mary his wife by Indenture under their hands and seals bearing date the 
fifth day of March A.D. 1790 for the consideration therein mentioned Did grant 
and confirm unto the said Jacob Eberly (the son) now deceased and to his heirs 
and assigns a Certain piece or tract of Land situate then in the said Township 
of Cocalico but now in Elizabeth township in the said County of Lancaster, 
Containing one hundred and ninety five acres and the usual allowance for Roacs 
&c, with the appertenances, To hold the same to him his heirs and assigns 
forever as in and by the said in part Recited Indenture relation being 
thereunto had will more fully and at large appear.  And whereas the 
Commonwealth of Pennsylvania by patent or grant under the great seal bearing 
date the tenth day of April A.D. 1812 for the consideration therein mentioned 
did grant and confirm for the use of the heirs of the said Jacob Eberly 
deceased his heirs and assigns forever a certain piece or tract of Land then 
situate in Cocalico, But now in Elizabeth Township, Aforesaid, Containing 
Twenty six acres and sixty eight perches and the usual allowances for Roads 
&c, as in and by the said in part recited patent enrolled in patent Book No 7 
page 107 Relation being thereunto had will more fully and at large appear, By 
force and virtue of which said in part recited Indenture and patents he the 
said Jacob Eberly in his lifetime became lawfully seized in his demise as 
office of and in the said two pieces or tracts of land and being so thereof 
seized died heaving first made his last will and testament in writing bearing 
date the twenty third day of January in the year of our Lord one thousand 
eight hundred and seven, wherein and whereby (amongst other things) He did 
order and direct that when his son Joseph comes to the age of twenty one years 
that then his son Joseph and the guardians over the estates of his sons Jacob 
and John and his executors shall choos six reputable disinterested freeholders 
who shall all his plantation and tract of Land whereon he then lived and his 
hill lands in three equal parts and then his sons Joseph and Jacob shall have 
the right to take two parts thereof which they please and further did order 
and direct than when his son John shall come to the age of twenty one years 
that then his son John and his executors shall choose six reputable and 
disinterested freeholders who shall value and appraise the remaining third 
part of the said Lans upon such yearly payments as they may think he will be 
able to make and pay out of the same and he did give and bequeath the said 
remaining third part of the said plantation and Hill land unto his youngest 
son John eberly his heirs and assigns forever provided that he shall give to 
his widow yearl four Bushels of Wheat and three Bushels of Indian Corna dn the 
Lawful interest of the sun of one hundred pound during her natural life and to 
his other Children their respective shares out of the valuation money for the 
same as in and by the lsat will and testament of the said Jacob Eberly since 
his decease duly proven and remaining in the Registers Office at Lancaster 
will more fully and at large appear which said tracts of Land given and 
bequeathed to the said John Eberly as aforesaid are situate lying and being 
now in Elizabeth township in the County of Lancaster aforesaid Bounded and 
described by the lines and course as follows (to wit) one of them, Beginning 
at a stone thence by land of John Hibshman north sixteen degrees and a quarter 
west two hundred and forty two perches to a post thence by Land of John 
Weeland south eighty six degrees and a quarter West seventy four perches to a 
stone thence by Lands of Joseph Eberly south thirteen degrees East two hundred 
and seventy perches to a stone thence by land of Samuel Miller north eighty 
seven degrees East two perches to a stone and south three degrees East twenty 
perches to a white oak North eighty seven degrees East twenty four perches to 
a white oak thence by land late of Jacob Miller now Henry Eberly north forty 
six degrees and a quarter East seventy five perches and three quarters to the 
place of Beginning containing one hundred and thirty seven acres and fifty one 
perches strict measure (It being a part of the above recited piece or tract of 
Land containing one hundred and ninety five acres and allowance) and the other 
tract being Mountain Land Beginning at a stone by land of Robert Coleman Esq 
deceased North eighty eight degrees East fifty siven perches and a quarter to 
a stone thence by Land late of Jacob Eberly South three degrees East forty two 
perches to a stone, thence by Land of Joseph Royer north eighty one degrees 
West fifty nine perches and four thenth to a stone thence by Land of Samuel 
Eberly north two degrees west thirty perches to the place of Beginning 
Containing twelve acres and seventy two perches strict measure.  It being a 
part of the above Recited piece or tract of Land Containing twenty six acres 
and sixty eight perches and the usual allowance.  And whereas the said John 
Eberly after he came to the age of twenty one years and the surviving 
Executors fo the last will of the said Jacob Eberly deceased did pursuant and 
agreeable to the directions of the said Last Will and Testament choose and 
appoint six Reputable and disinterested freeholders to view value and appraise 
the said above described two tracts of land given to the said John Eberly by 
the will of his father Jacob Eberly deceased and the said six men did meet 
together and after viewing the premises did agree and did value and appraise 
the said two tracts of Land at and for the sum of six thousand three hundred 
and sixteen dollars and thirty eight cents Lawful money of the united states 
and that the said John Eberly after directing his share out of all the Real 
and personal estate of his father the said Jacob Eberly deceased and also the 
sum of two hundred and sixty six dollars and sixty seven cents is to remain 
charged as a lien during the natural life of the widow of the said deceased 
and after her decease the same is to be paid and equally divided to and 
amongst the twelve children of the said Jacob Eberly deceased and that the 
remainder of the said valuation money shall be paid by the said Jacob Eberly 
in twelve equal annual payments as in and by the report made in writing by the 
six men under their hands and seals bearing date the eighteenth day of 
November A.D. 1823 Will more fully and at large appear.  And whereas Anna 
Eberly the said widow of the said Jacob Eberly deceased died on the ninth day 
of August A.D. 1826 on which day the said sum of two hundred and sixty six 
dollars and sixty seven cents Remaining charged on the said Land became due 
and payable to her twelve children agreeable to the said Last Will and 
testament of him the said Jacob Eberly deceased.  Now know we? That the John 
Eberly hath well and faithfully paid unto the said Ludwig Kurtz and Mary his 
wife, Abraham Bear, Joseph Eberly and Jacob Hagy (for the use of David Eberly 
deceased Christian Brubaker and Elizabeth his wife, John Shirk and Anna his 
wife) Samuel Gacklin and Susanna his wife, Samuel Eberly, Joseph Eberly, Jacob 
Eberly, Jacob Hershberger and Magdalen his wife, Samuel Hershberger and 
Catharine his wife and Veronica Eberly their and each of their full and 
respective shares and dividends out of the said valuation money of the above 
described two tracts of Land given and bequeathed to the said John Eberly as 
aforesaid agreeable to the directions of the last Will and Testament of the 
said Jacob Eberly deceased and also that he the said John Eberly hath wall and 
failthfully paid unto the said Ludwig Kurtz and Mary his wife, Abraham Bear, 
Joseph Eberly and Jacob Hagey for the use of David Eberly deceased, Christia n 
Brubaker and Elizabeth his wife, John Shirk and Anna his wife, Samuel Gacklin 
and Susanna his wife, Samuel Eberly, Joseph Eberly, Jacob Eberly, Jacob 
Hershberger and Magdalen his wife, Samuel Hershberger and Catharine his wife 
and Veronica Eberly their and each of their full and respective shares and 
dividends out of the said sum of two hundred and sixty six dollars and sixty 
seven cents with the interest therein since the decease of the said widow 
which was ordered to remain charged on the said two pieces or tracts of Land 
given and bequeathed to the said John Eberly as aforesaid agreeable to the 
directions of the last will and testament of the said Jacob Eberly deceased.  
In consideration where of they the said Ludwig Kurtz and Mary his wife, 
Abraham Bear, Joseph Eberly and Jacob Hagy (for the use of David Eberly 
deceased) Christian Brubaker and Elizabeth his wife, John Shirk and Anna his 
wife, Samuel Gacklin and Susanna his wife, Samuel Eberly, Joseph Eberly, Jacob 
Eberly, Jacob Hersberger and Magdalin his wife, Samuel Hershberger and 
Catharine his wife and Veronica Eberly Do by these presents for themselves and 
their and each of their respective heirs, Executors and Administrators unot 
every of them grant, bargain, sell, remise, release and forever quit claim 
unto the said John Eberly his heris Executors Administrators and assigns all 
their and each of their Respective Shares and dividends whatsoever is due to 
them out of the valuation money of the above described two tracts of Land 
agreeable to the directiongs of the said Will and testaments of the said Jacob 
Eberly deceased and also their and each of their respective shairs and 
dividends whatsoever is due to them out of the said sum of two hundred and 
sixty six dollars and sixty seven cents with interest accruing since the 
decease of the said Widow which was ordered to remain charged on the said two 
pieces or tracts of Land given and bequeathed to the said John Eberly as 
aforesaid agreeable to the directions of the last Will and testament of the 
said Jacob Eberly deceased and also their estate right title interest claim 
and demand whatsoever they now have or hereafter might have claim or demand of 
into or out of the said above described two tracts of Land so that he the said 
John Eberly his heirs and assigns may forever hereafter hold and enjoy the 
said tracts of Land free and discharged of and from the said valuation oney 
and the said sum of two hundred and sixty six dollars and sixty seven cents 
and the interest thereon as aforesaid for the same.  Together with all and 
singular other buildings improvements rights members and appertenances 
whatsoever thereunto belonging or in any wise appertaining and the reversions 
and remainders rents Issues and profits thereof.  To have and to hold all and 
singular the premises hereby remised and released or mentioned and intendeded 
so to be with the appurtenances unto the said John eberly his heirs and 
assigns to the only proper use and behoof of the said John Eberly his heirs 
and assigns forever so that neither the said Ludwig Kurtz and Mary his wife, 
Abraham Bear, Joseph Eberly and Jacob Hagey, Christian Brubaker and Elizabeth 
his wife, John Shirk and anna his wife, Samuel Gacklin and Susanna his wife, 
Samuel Eberly, Joseph Eberly, Jacob Eberly, Jacob Hershberger and Magdalen his 
wife, Samuel Hershberger and Catharine his wife and Vernoica Eberly nor their 
heirs nor 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 challenge or demand any estate right title or interest of 
in to or out of the said two pieces or tracts of land containing one hundred 
and thirty seven acres and fifty one perches strict measure one of them and 
the other of them containing twelve acres and seventy two perches strict 
measure hereditaments and premises hereby remised and released or mentioned or 
intended so to be or any part or parcel thereof But there of and there from 
shall and will be utterly excluded and forever deberred by these presents In 
whitness whereof the said Ludwig Kurtz and Mary his wife, Abraham Bear, Joseph 
Eberly, Jacob Hagey, Christian Brubaker and Elizabeth his wife, John Shirk and 
Anna his wife, Samuel Gocklin and Susanna his wife, Samuel Eberly, Joseph 
Eberly, Jacob Eberly and Jacob Hershberger and Magdalen his wife, Samuel 
Hershberger and Catharine his wife and Veronica Eberly have hereunto set their 
hands and selas the fourth day of April in the year of our Lord one thousand 
eight hundred and twenty seven.

Sealed and delivered in the presence of us {
David Birkenbine, Samuel Eberly {

Ludwig Kurtz {seal} Mary her X mark Kurtz {seal}
Abraham Bear {seal} Joseph Eberly {seal}
Jacob Hagy {seal}
Christian Brubaker {seal} Elizabeth her x mark Brubaker {seal}
John Shirk {seal} Anna her x mark Shrik {seal}
Samuel Gacklin {seal}  Susanna her x Mark Gacklin {seal}
Samuel Eberly {seal} Joseph Eberly {seal}
	Jacob Eberly {seal}
Jacob Hershberger {seal} Magdalen her x mark Hershberger {seal}
Samuel Hershberger (seal}   Catharine her x mark Hershberger {seal}
Veronica her x mark Eberly {seal}

Lancaster County SS

	On the fourth day of April Anno Domini one thousand eight hundred and 
twenty seven Before me the subscriber one of the justices of the peace in and 
for said County personally appeared the aforesaid and above named Ludwig Kurtz 
and Mary his wife, Abraham Bear, Joseph Eberly, Jacob Hagy, Christian Brubaker 
and Elizabeth his wife, John Shirk and Anna his wife, Samuel Gacklin and 
Susanna his wife, Samuel Eberly, Joseph Ebelry, Jacob Eberly, Jacob 
Hershberger and Magdalen his wife, Samuel Hershberger and Catharine his wife 
and Veronica Eberly and acknowledged the foregoing and above written 
instrument of writing to be their act and deed and desired that the same might 
be recorded as such according to Law.  She the said Mary Elizabeth Anna 
Susanna Magdalen and Catharine being each of Lawful age and by me examined as 
the Law directs separate and apart from their said husbands the contents being 
first made known to each of them and they did voluntarily consent thereto.  In 
Testimony where of I have hereunto set my hand and sel the day and year 
aforesaid.

Samuel Eberly  {seal}

Recorded April 19th Anno Domini 1827
Henry Hibshman
Recorder