DEED: MUSSELMAN to BURKHOLDER, 1826, Brecknock Twp., Lancaster County, PA File contributed for use in USGenWeb Archives by: Romaine Stauffer staufferhof@comcast.net December 20, 2010, 2:18 pm Copyright 2011. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/lancaster/ _______________________________________________ Brecknock Twp. Written: March 25, 1826 Recorded: March 25, 1826 This is a transcription of a privately-owned unrecorded deed. The first owner of the property was 1754 Swiss immigrant Ulrich Burkholder who bought the property from John Musselman in 1764(see Lancaster County Deed E3-15). This deed shows the property passed to Ulrich's son, John, and then to his grandson, Ulrich Burkholder, in 1826. This Indenture Made the twenty-fifth day of March in the year of our Lord one thousand eight hundred and twenty-six Between John Bowman of Brecknock Township Lancaster County, and state of Pennsylvania surviving Executor of the last will and Testament of Ulrich Burkholter late of the same place, yeoman, deceased, of the One Part; and Ulrich Burkholter, (son of John Burkholter deceased, and grandson of the aforesaid Ulrich Burkholter deceased) of the same place aforesaid, Yeoman, of the other part. Witnesseth that the said John Bowman for and in consideration of the sum of Three hundred fifty seven Dollars and sixty five cents lawful money of the STATE OF PENNSYLVANIA, to him in hand, well and truly paid, by the said Ulrich Burkholter his Heirs, Executors and Administrators, BY THESE PRESENTS, hath granted, bargained, sold, aliened, enfeoffed, released and confirmed, and by these PRESENTS (by virtue of the power and authority to him given) doth grant, bargain, sell, alien, enfeoff, release and confirm unto the said Ulrich Burkholter and to his Heirs and Assigns, ALL THAT CERTAIN Messuage Tenement and piece or parcel of land, situated, lying and being in the Township of Brecknock and County of Lancaster aforesaid; bounded and described by the courses and distances following, to wit: Beginning at a Stone (or fork) --- Land of Samuel Bowman, thence by land of Christian Musselman North Seventy four degrees west, twenty three perches and five tenths to a white oak North fourteen degrees and three quarters west, twenty seven perches and four tenths to a Stone, North fifty eight degrees and a half East, thirty perches and seven tenths to a post, thence by land of Daniel Bowman, South Sixty one degrees and a quarter East, Sixty two perches to a Black Oak, thence by land of Samuel Bowman South Twenty six degrees and a half west, thirty seven perches and six tenths to a stone, North Sixty-two degrees and a quarter west thirty one perches and five tenths to a stone, South twenty seven degrees and a half west, twenty nine perches to the place of Beginning, containing Twenty three acres and One hundred and thirty five perches of land Strict measure . . . Whereas the above named Ulrich Burkholter deceased, by virtue of divers good conveyances, and assurances in the Law, duly had and executed, became in his lifetime lawfully seized in his demesne as of fee, (amongst other Lands) of and in a certain Messuage, or Tenement, and Tract of Land, situated in the Township of Brecknock aforesaid, containing one hundred and eight acres and allowance of six percent; and being so thereof seized, made his last will & Testament in writing, bearing date the tenths day of September, One thousand Eight hundred and four, wherein and whereby (amongst other things) he did will & order, in words following, viz. “And further is my will, and I order that my son John Burkholter, (above named) shall have the house & Stables where he now lives (meaning the above described Messuage & land) together with the land about the house, as many acres as will amount to his full share in my Estate; if he takes the land at the appraisement” Then, after directing how the same shall be appraised; “But if my son John should not be willing to take it at the appraisement, then it shall be sold at public Vendue, after the decease of my wife” as in and by said last will & Testament, duly proved and remaining in the Register’s Office at Lancaster, may appear: And whereas the said John Burkholter, has died, intestate, and several years ago, and prior to, and before the decease of his mother, the widow of said Ulrich Burkholter deceased, who has since died also. And whereas doubts were entertained, whether under those cases and circumstances, the provisions of said last will & Testament were sufficiently clear and explicit as to warrant the above named John Bowman, only surviving Executor of said Last Will & Testament, to sell and convey said House and land & so bequeathed to the said John Burkholter, now since deceased, as aforesaid, without being empowered by—or obtaining the content of the heirs of said John Burkholter deceased,-- It appears by a certain Instrument of writing, dated the 7th day of October AD. 1826 [1825], that Ulrich Burkholter (party hereto) John Schneder and Catharine his wife, Henry Breneman and Mary his wife, and John Bowman and Nancy his wife, (said Ulrich, said Catharine, said Mary and said Nancy being all the Lawful Issue of said John Burkholter deceased) fully & irrevocably gave their consent unto, and empowered the said John bowman, Executor as aforesaid, to sell and convey said premises, (being part of the above mentioned 108 acres & allowance) as in and by said Instrument of writing, duly made & executed and intended to be recorded, reference thereunto being had, more fully and at large appears. And the said John Bowman, Executor aforesaid, in pursuance of the power & authority vested in him by said last will & Testament, and furthermore by said Instrument of power of said heirs of John Burkholter deceased, on the 8th day of October, last past, exposed the said premises to public sale, by vendue, and sold the same to the above named Ulrich Burkholter, (party hereto) for the above consideration Sum, He being the highest bidder, and that the best price bidder for the same. Together, also, with all and singular Houses, Out-houses, Barns, Stables, Gardens, Orchards, Meadows, Fields, Fences, Ways, Woods, Waters, Water- courses, Rights, Liberties, Privileges, Hereditaments and Appertenances whatsoever thereunto belonging, or in any wise appertaining: And the Reversions and Remainders, Rents, Issue and Profits thereof; and also, all the Estate, Right, Title, Interest, Use, Trust, Property, Possession, Claim and Demand, whatsoever of him the said Ulrich Burkhoter deceases, at and immediately before the time o f his decease in law or equity, or otherwise howsoever, of, in, to or out of the same: To have and to hold the said Messuage Tenement, and Tract of Twenty three acres and 135 perches of Land Strict Measure, Hereditaments and Premises hereby granted and released, or mentioned or intended so to be, With the Appertenances unto the said Ulrich Burkholter, and to his Heirs and Assigns: To the only proper use and behoof of him the said Ulrich Burkholter and his Heirs and Assigns forever. And the said John Bowman for himself, his heirs Executors and Administrators, doth covenant, promise, grant and agree to and with the said Ulrich Burkholter, and his Heirs and Assigns, by these Presents, that the said John Bowman hath not done, committed, or wittingly or willingly suffered to be done or committed any Act, Matter or Thing whatsoever, whereby the Premises aforesaid, or any Part thereof is, are, shall or may be impeached, charged or incumbered in Title, Charge or Estate otherwise howsoever. In witness whereof the said parties to these Presents, have hereunto interchangeably set their hands and SEALS, dated the DAY and YEAR first above written. SEALED AND DELIVERED IN THE PRESENCE OF US John Schneder Samuel Bowman ````````````````````````` Received the day of the date of the above written INDENTURE, of and from the above named Ulrich Burkholter the sum of Three hundred fifty seven Dollars and sixty five cents in Gold or Silver Money, it being the consideration money mentioned in full. Witness present at signing John Schnader Sam Bowman Johannes Bauman ```````````````````````````` Lancaster County, ss. BE IT REMEMBERED, that on the 25th day of March Anno Domini, 1826 before me, Samuel Bowman, Esquire, one of the Justices of the Peace of the said county, personally came the above named John Bowman and acknowledged the above Indenture to be his act and deed, and desired that the same might be recorded as such according to law IN TESTIMONY WHEREORF, I have hereunto set my Hand and Seal, the Day and Year above written. Samuel Bowman `````````````````````````````` Johannes Bauman This file has been created by a form at http://www.genrecords.org/pafiles/ File size: 8.9 Kb