DEED: John MILLER to Peter KEHLER, 1805, Lancaster Borough, Lancaster County, PA File contributed for use in USGenWeb Archives by: Romaine Stauffer staufferhof@comcast.net October 8, 2008, 2:17 pm Copyright 2008. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/lancaster/ _______________________________________________ Lancaster Borough Written: January 15, 1805 Recorded: January 18, 1805 Quit Claim, Lancaster County Deed Book R-3-79 Page 79 John Miller to Peter Kehler To all People To whom these Presents shall come John Miller sole Executor of the last Will and Testament of Peter Kehler late of the Borough of Lancaster in the County of Lancaster and State of Pennsylvania Brassfounder deceased, Barbara Kehler Assignee of Adam Kehler (one of the Sons of the said Peter Kehler deceased) Edward Powell and Mary his wife (one of the Daughters of the said Peter Kehler deceased) Hugh Allison and Mary his wife, Jacob Tochterman, Henry Jost & Susanna his Wife and George Franciscus and Elizabeth his wife (which said Mary the wife of Hugh Allison, Jacob, Susan- ana the wife of Henry Jost and Elizabeth the wife of George Franciscus are the four Children of Christina Tochterman deceased, who was also a Daughter of the said Peter Kehler deceased) John Kehler, William Kurtz and Mary his wife and Andrew Kehler (which said John, Mary the wife of William Kurtz and Andrew are three of the children of Andrew Kehler deceased, eldest Son of the said Peter Kehler deceased, and George Messersmith Guardian duly appointed by the Orphans Court held in & for the County aforesaid over the Estates of Adam Kehler, Sophia Kehler, Jacob Kehler, Michael Kehler & Benjamin Kehler Minor Children of the said Andrew Kehler deceased, eldest Son of the said Peter Kehler dec’ed.) Send Greeting. Whereas by virtue of sundry good Conveyances and afourances in the Law duly had and executed, he the said Peter Kehler became and was in his Lifetime and at the Time of his death seized in fee of and in a certain two Story Brick Messuage and half lot of Ground thereunto belong- ing situate on Queen Street in the Borough of Lancaster aforesaid, with the appurtenances and being so thereof seized, died first making his last will and Testament in writing dated the 22nd day of November A. Dom. 1791, wherein & whereby he devised the said Messuage & half lot of Ground with the appurtenances unto his eldest Son the said Andrew Kehler his Heirs & Assigns forever, and in his said Will did nominate & appoint the said John Miller to be the Sole Executor thereof, as in & by the said last Will and Testament duly Proved and remaining in the Registers Office at Lancaster recourse being thereunto had appears. And Whereas the said Andrew Kehler (the Son) died before the said Peter Kehler (the Father) and the said Peter Kehler did not alter or revoke his said execu- ted Will, By reason whereof the said Messuage and half lot of Ground and Premises descended to and became ?sted in the said Adam Kehler Mary the wife of Edward Powell, Mary the wife of Hugh Allison, Jacob Tochterman, Susanna the wife of Henry Jost, Elizabeth the wife of George Franciscus, Peter Kehler (eldest Son of the said Andrew Kehler deceased) John Kehler, Mary the wife of William Kurtz, Andrew Kehler, Adam Kehler, Sophia Kehler, Jacob Kehler, Michael Kehler & Benjamin Kehler according to the Law of the State of Pennsylvania made & provided for Settling Intestates Estates. ~And Whereas at an Orphans Court held at Lancaster for the County of Lancaster aforesaid on the 10th day of January last past, the Sheriff of the same County did return a former Order of the same Court with an Inquisition hereto annexed taken before him by virtue of the said Order on the Oaths & affirmations of twelve good & lawful men of the Bailwick of the same Sheriff, where- by it was found and shown to the Court that the said Messuage & half lot of Ground with the Appurtenances could not be divided to and amongst the Children of the said Peter Kehler deceased with out Injury to and spoiling of the whole, and that the same Pre- mises with the Appurtenances would not Accommodate more than One of the Children of the said Deceased without Injury to and Spoiling of the whole, And the said Inquest upon their Oaths and Affirmations did value and appraise the same Messuage and half Lot of ground with the Appurtenances at and for the Sum of Eight hundred & seventy five Pounds ready and Lawful Money of Pennsylvania, which said Inquisition being read, was approved of and confirmed by the same Court, and on Motion in behalf of the said Peter Kehler eldest Son of the said Andrew Kehler deceased, who was the eldest Son of the said Peter Kehler deceased. It was Ordered by the said Court that the said Peter Kehler should on paying or securing, to be paid the several and respective Shares of the legal representatives of the said Peter Kehler deceased of and in the valuation aforesaid, within the Term of one year with lawful Interest (from that Time) hold & enjoy the said Messuage and half Lot or Piece of Ground with the appurtenances to him his Heirs in Fee, agreeable to the Acts of Assembly in such Case made and provided, as in and by the Records and Proceedings of the same Court reference to them being had will more fully appear. Now Know Ye that the said Peter Kehler eldest Son of the said Andrew Kehler deceased hath well and faithfully paid and made full Satis- faction for the several and respective parts & Shares of the legal Representatives of the said Peter Kehler deceased of and in the said Sum of Eight hundred and seventy five Pounds being the valuation and Appraisment Money aforesaid, with all the Interest accrued and due thereon agreeable to the Directions of the said Order of Orphans Court in manner following, to wit, he hath paid unto the said John Miller sold Executor of the last Will and Testament of the said Peter Kehler deceased, the Sum of Three hundred and Nineteen Pounds fifteen Shillings and ten pence (Being the Balance which appeared due to the said Executor John Miller at a Settlement made by him before the Orphans Court held on the fourteenth day of this Instant, January, and which the same Court directed to be charged by the said Executor against the valuation Money of the said two story Brick Messuage and half Lot of Ground aforesaid) ~ He hath paid unto the said Barbara Kehler assignee of the said Adam Kehler the Sum of One hundred and Thirty eight Pounds fifteen Shillings and nine pence half penny for her Share thereof ~ He hath paid unto the said Edward Powel and Mary his wife (in right of the said Mary) the like Sum of One hundred and thirty eight Pounds fifteen Shillings and nine pence half penny for their Share thereof ~ He hath paid unto Hugh Allison and Mary his wife (in right of the said Mary) Jacob Tochterman, Henry Jost & Susanna his wife and George Franciscus and Elizabeth his wife (in right of the said Elizabeth) the like Sum of One hundred and thirty eight Pounds fifteen shillings and Nine pence half penny for their Share thereof. ~ And he hath paid unto the said John Kehler, William Kurtz, and Mary his wife (in right of the said Mary) Andrew Kehler and George Messersmith as Guardian over the Estates of the said Adam Kehler, Sophia Kehler, Jacob Kehler, Michael Kehler, and Benjamin Kehler (who are yet minors & under age) the Sum of One hundred and twenty three Pounds seven shillings and four pence half penny in Gold and Silver Coin for their share thereof, Together with all the Interest accrued and due thereon.~ In Consideration whereof the said John Miller, Barbara Kehler Assignee of the said Adam Kehler, Edward Powel and Mary his wife, Hugh Allison and Mary his wife, Jacob Tochterman, Henry Jost & Susanna his wife, George Franciscus and Elizabeth his wife, John Kehler, William Kurtz and Mary his wife, Andrew Kehler and George Messersmith for himself and for an in behalf of his Wards the said Adam Kehler, Sophia Kehler, Jacob Kehler, Michael Kehler and Benjamin Kehler and each and every of them and their and each and every of their Heirs Executors and Adminis- trators, Have and each and every of them Hath remised released and forever quit claimed and by these presents Do and each and every of them Doth remise release and for ever quit claim unto the said Peter Kehler his Heirs Executors Administrators and Assigns, all and every the said Sums of Money with all the Interest thereof so as aforesaid made payable and divided to be paid by the Order of Orphans Court aforesaid to the Children and Legal Representatives of the said Peter Kehler deceased for their respec- tive Parts or Shares of and in the valuation aforesaid, and all Actions, Suits, Claims and Demands whatsoever in any manner relating to or respecting the same,~So that the said Peter Kehler his Heirs and Assigns shall and lawfully may from Time to Time and at all Times hereafter forever, peaceably and quietly have hold occupy possess and enjoy the said Messuage and half Lot of Ground and Premises aforesaid, whereof the said Peter Kehler died feised in fee as aforesaid with the appurtenances fully and absolutely exonerated acquitted and discharged of an from all and every the Sums of Money Parts Shares and Proportions of them the said John Miller, Barbara Kehler Assignee of the said Adam Kehler, Edward Powel and Mary his wife, Hugh Allison and Mary his wife, Jacob Tocherman, Henry Jost & Susanna his wife, George Franciscus and Elizabeth his wife, John Kehler, William Kurtz and Mary his wife, Andrew Kehler, Adam Kehler, Sophia Kehler, Jacob Kehler, Michael Kehler and Benjamin Kehler of in to and out of the said valua- tion or appraisement Money aforesaid,~In Witness whereof the said John Miller, Barbara Kehler Assignee of the said Adam Kehler, Edward Powel and Mary his wife, Hugh Allison and Mary his wife, Jocob Tochterman, Henry Jost and Susanna his wife, George Franciscus and Elizabeth his wife, John Kehler, William Kurtz and Mary his wife, Andrew Kehler and George Messersmith have hereunto set their Hands & Seals the fifteenth day of January in the year of our Lord One Thousand eight hundred and five. John Miller (seal) his mark Adam X Kehler (seal) Barbara Kehler Assignee of the above named Adam Kehler (Seal) her mark Edward Powell (Seal) Mary X Powell Hugh Allison (Seal) his mark her mark his mark Mary X Allison (Seal) Jacob X Tochterman (Seal) Henry X Jost (Seal) her mark his mark her mark Susanna X Jost (Seal) George X Franciscus (Seal) Elizabeth X Franciscus (Seal) John Kehler(Seal) William Kurtz (Seal) Maria Kurtz (Seal) Andrew Keller (Seal) Geo. Messersmith (Seal) Sealed & Delivered by John Miller in the presence of the Wards “Barbara Kehler assignee of the said”“the wife of Henry Jost”_ and “Barbara Kehler assignee of the said” being all interlined before signing, Cas. Shaffner, Cas. Shaffner Jun.~ Sealed & delivered by Adam Kehler, Barbara Kehler, John Keller, William Kurtz & Mary his wife, Andrew Keller & George Messersmith, in the presence of us this 16th day of Janaury 1805. ~ Cas. Shaffner, Cas. Shaffner Jun. ~ Sealed & delivered by Edward Powell and Mary his wife, Hugh Allison & Mary his wife, Jacob Tochterman, Henry Jost and Susanna his wife and George Franciscus and Elizabeth his wife on the 18th day of Jan’y. 1805 in the presence of John Light, Cas. Shaffner Jun. ~ Lancaster County ss. before me the Subscriber one of the Justices of the Peace in & for the County of Lancaster aforesaid Personally appeared Barbara Kehler, Adam Kehler, John Kehler, William Kurtz and Mary his wife, Andrew Kehler & George Messersmith and acknowledged the within written Release to be their act and Deed and desired that the same may be recorded as such according to Law. Witness my Hand & Seal the 16th day of January 1805 ~ ~ ~ John Light (Seal) Lancaster County ss, before me the Subscriber one of the Justices of the Peace in & for the County of Lancaster aforesaid personally appeared John Miller Edward Powel and Mary his wife, Hugh Allison and Mary his wife, Jacob Tochterman, Henry Jost and Susanna his wife & George Franciscus and Elizabeth his wife in the foregoing Release named and acknowledged the foregoing Release to be their Act and Deed, and desired that the same may be recorded as such according to Law to and for the uses and Purposes therein mentioned, Witness my Hand & Seal the 18th day of January A Dom. 1805, John Light (Seal) Ex. Recorded the 21st day of January Anno Domini 1805 G Ross, Recorder