DEED: John SCHWAR Deceased to David BARD, 1821, Cocalico Township, Lancaster County, PA File contributed for use in USGenWeb Archives by: Vicki Hutchison vickihutchison@earthlink.net February 12, 2009, 12:45 pm Copyright 2009. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/lancaster/ _______________________________________________ Lancaster County, Pennsylvania Deeds Book 22, page 198 Cocalico Township Written: December 31, 1821 Recorded: January 3, 1822 John Swar dec'd agreement of heirs to take his real estate at appraisement ) WHEREAS John Schwar late of Cocalico township Lancaster County dec'd by his last will and testament, dated the 20th February 1820 did amongst other things, provided and direct as follows "Item, it is my will & I order & direct that my hereinafter named Executors shall as soon as may be after my decease, choose three or five respectable disinterested Citizens of the neighborhood who shall value & appraise my real estate in three parts respectively, and my children shall have a right to take the same at the appraisement, the oldest one first at her part thereof & so on, the second one another part &c I hold the same to them, their heirs & assigns forever & each to pay for the same, that is to say, for each part so taken at the appraisement shall pay the one half of the valuation money on the first day of April AD 1822 & the residue in ten equal yearly payments; but in case any or either part of my real estate shall be refused by all my children then & in that event, it is my will, that such part shall be sold by my hereinafter named Executors by public sale & that as soon as conveniently may be &c &c" And in & by the said last will and testament, the said John Schwar appointed Daniel Bard, Christian Wiest and Charles Steinmetz the executors of the said last will & testament. And whereas the said John Schwar left issue five children viz Elizabeth married to Daniel Bard, Anna married to Christian Wiest, Maria married to Charles Steinmetz, Susanna & Sally. And Whereas the said Executors & sons in law of the said John Schwar did by their agreement in writing dated the eight day of October AD 1821 appoint Henry Hibshman Esq., Henry Mohler, Martin Becker, Abraham Bear & Jacob Mohler to value & appraise the real estate of the said John Schwar in three parts as directed by the said last will and testament. And whereas the said five men as appears by their agreement & act in writing under seal & duly acknowledged & dated the 22 of October 1821...did dived & appraise the said real estate of the said John Schwar in three parts, one part consisting of the several tracts of land which the said John Schwar purchased of John Mautz, together with the Grist Mill, water rights & privileges & all buildings, improvements & appurtenances whatsoever thereunto belonging, or in anywise appertaining, at the sum of Twelve thousand dollars...the second part consisting of two tracts of land therein described, on containing ninety two acres & seventy perches neat measure & the other containing sixty six acres & sixty seven perches neat measure at the sum of Nine thousand four hundred & ninety seven dollars, and the third part therein described containing one hundred & fifty eight acres & one hundred & thirty seven perches at the sum of Seven thousand nine hundred & thirty three dollars. Subject ot the several reservations for the widow of said John Schwar as mentioned in the said last will & testament. Now, the said Daniel Bard & Elizabeth his wife do hereby agree to take and do take the said first part and to pay the said valuation thereof the said twelve thousand dollars at the time & in the manner setforth in the last will & testament of the said John Schwar, and the said Christian Wiest & Anna his wife do hereby agree to take & do take the said second part appraised as aforesaid at nine thousand four hundred & ninety seve dollars & agree to pay the said valuation money in the manner & at the times directed in said last will & testament and the said Charles Steinmetz & Maria his wife do hereby agree to take & do take the said third part appraised, subject to said reservation as aforesaid, at the sum of Seven thousand nine hundred & thirty three dollars & to pay saidsum at the times & in the manner directed by said last will & testament and as each party taking as above has secured to be paid for the use of the heirs of the said John Schwar their several & respective shares in the said valuation money...the said three executors hereby acknowledge the receipt in full of the whole amount of the said three valuations & thus complete to each the title in fee simple (as in ordinary deeds with receipts for the purchase money in full) in the parts & tracts severally taken by them. In Witness whereof, the said Daniel Bard, Christian Wiest & Charles Steinmetz & the wives aforementioned of each have hereto set their hands & seals the thirty first day of December A.D. 1821. Daniel Bard {seal} Elisabeth her X mark Bard {seal} Christian Wiest {seal} Anna her X mark Wiest {seal} Charles Stonemetz {seal} Maria her x mark Steinmetz {seal} Witness present Michael Frank, Michl Kline Jr. Lancaster County SS. Before me the subscriber, one of the Justices of the peace in and for the said county of Lancaster personally appeared the above named Daniel Bard, Elizabeth Bard, Christia Wiest, Anna Wiest, Charles Steinmetz and Maria Steinmetz and severally acknowledge the foregoing instrument of writing to be their act and deed, and desired that the same may be recorded as such according to law. In Witness whereof, I have hereunto set may hand and seal, the 31st day of December AD 1821. Recorded January 3d 1822 Mich Kline Jr {seal} John Reitzel Recd.