DEED: John SCHWAR Deceased to Christian WEIST, 1826, Cocalico Tw, Lancaster County, PA

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Lancaster County, Pennsylvania Deed Book M5, page 93-97 

Cocalico Township
Written: June 5, 1826
Recorded: February 2, 1829

John Schwar dec'd heirs to Christian Weist } TO ALL PEOPLE To whom these 
presents shall come Daniel Bard of Cocalico Township in the County of 
Lancaster and Commonwealth of Pennsylvania miller and Elizabeth his wife late 
Elizabeth Schwar one of the daughters and Legatees under the will of John 
Schwar late of the samel place aforesaid yeoman deceased Charles Steinmetz of 
the same place aforesaid yeoman and Maria his wife late Maria Schwar another 
of the daughters and Legatees under the will of the said deceased John Lutz of 
the same place aforesaid yeoman and Susanna his wife late Susanna Schwar 
another of the daughters and Legatees under the will of the said deceased and 
Martin Schwar of East Hempfield Township in the County of Lancaster and 
Commonwealrth aforesaid yeoman Guardian duly appointed by the Orphans Court of 
Lancaster County over the person and Estate of Sarah Schwar a minor daughter 
and Legatee under the will of the said deceased Send Greeting.  

Whereas Jacob Letweiler and Barbara his wife Samuel Eby and Elizabeth his wife 
and Jacob Eberly Jr and Ann his wife by their Certain Indenture bearing date 
the twenty fifth day of December Anno Domini One thousand seven hundred and 
Eighty three for the Consideration therein mentioned did grant and Confirm 
unto the said John Schwar senr and to his heirs and assigns A Certain piece 
and tract of Land situate in Cocalico Township in the County of Lancaster by 
marks and bounds in the same Indenture particularly described Containing Two 
hundred and thirty eight acres and the usual allowance of six per cent for 
roads &c be the same more or less with the appurtenances.  To hold the same to 
him his heirs and assigns forever as in and by the said recited Indenture 
relation being thereunto had may more fully and at large appear  And Whereas 
the said John Schwar senr and Magdalene his wife by their assignment on the 
back of the aforesaid Indenture enclosed bearing date the second day of 
January Anno Domini One thousand eight hundred and two for the Consideration 
therein mentioned did grant confirm assign and set over unto their son John 
Schwar and to his heirs and assigns the said above mentioned tract of Land 
Containing two hundred and thirty eight acres and the usual allowance of six 
per cent for roads &c be the same more or less with appurtenances To hold the 
same to him his heirs and assigns forever as in and by the same recited 
assignment reference being thereunto had may more fully and or large appear By 
force and virtue of which said recited Indenture and assignment endorse 
thereon or of some other good Conveyances and assurances in the Law duly had 
and Executed the said John Schwar became in his life time lawfully seized in 
his ?domesne? as of fee of and in the said tract of land containing two 
hundred and thirty eight acres and the usual allowance more or less together 
with Other Lands with the appurtenances and being so thereof seized died first 
having made his last will and testament in writing bearing date the twentieth 
day of February Anno Domini One thousand eight hundred and twenty wherein and 
whereby amongst other things he did order and direct as follws viz "That his 
Executors shouls as soon as may be after his decease choose three or five 
reputable disinterested Citizens of the neighborhood who should value and 
appraise his real estate in three parts respectively and his children should 
have a right to take the same at the appraisement the oldest one first either 
part thereof and so on according to their respective ages and Hold the same to 
them their heirs and assigns forever and each of them Should pay for the same  
That is to say for each part so taken at the appraisement The one equal half 
part of the valuation money on the first day of April Anno Domini One thousand 
Eight hundred and twenty two and the residue in ten equal yearly payments and 
the money arising from his real Estate (after payment of all his just and 
Legal debts) should be equally divided amongst his five children share and 
share alike and lastly did nominate Constitue and appoint his three sons in 
law Daniel Bard Christian Weist and Charles Steinmetz to be the Executors of 
his said last will and testament as in and by the same will since his decease 
duly proved and remaining in the Registers Office at Lancaster recourse being 
thereunto had may more fully and at large appear.  And Whereas the said John 
Scwhar deceased left a widow named Margaret and issue five children to with 
Elizabeth the wife of Daniel Bard  Anna the wife of Christian Wiest  Maria the 
wife of Charles Steinmetz  Susanna the wife of John Lutz and Sarah who is yet 
in her minority.  And Whereas the said Daniel Bard Christian Weist and Charles 
Steinmetz executors as aforesaid by their agreement in writing dated the 
Eighth day of October Anno Domini one Thousand Eight hundred and twenty one 
did nominate Constitute and appoint Henry Hibshman Esqr Henry Mohler Martin 
Becker Abraham Bear and Jacob Mohler five reputable and disinterested Citizens 
of the neighborhood to value and appraise the real Estate of the said John 
Schwar deceased as directed in and by his said last will and testament as in 
and by said agreement reference being thereunto had appears and Whereas the 
said appraisors to wit Henry Hibshman Esqr Henry Mohler Martin Becker Abraham 
Bear and Jacob Mohler as by their act in writing appears under their hands and 
seals dated the twenty second day of October Anno Domini One thousand eight 
hundred and twenty one Have valued and appraised the Real Estate of the said 
John Schwar decease in three purports respectively viz the first thereof 
consisting of several tracts of Land being the same which the said John Schwar 
purchased of John Pfautz Together with the Grist mill water rights and 
privileges and all improvements and appurtenances whatsoever thereunto 
belonging at the sum of Twelve thousand dollarts.  The second thereof 
Consisting of two tracts of land one of them containing ninety two acres and 
Seventy perches and the other containing Sixty Six acres and sixty seven 
perches at the sum of nine thousand four hundred and ninety seven dollars and 
the third purport consisting of one tract of Land containing one hundred and 
fifty eight acres and one hundred and thirty seven perches at the sum of Seven 
thousand nine hundred and thirty three dollars Subject to Certain reservations 
&c as in and by the said recited Instrumetn in writing may more fully and at 
large appear.  And Whereas the said Christian Weist and Anna his wife second 
daughter of the said deceased in and by a Certain instrument in writing under 
their hands and seals bearing date the thrity first day of December Anno 
Domini One thousand eight hundred and twenty one did agree to take and accept 
the second part above mentioned premises at the valuation thereof and pay for 
the same as directed by the last will aforesaid as in and by the said last 
recited Instrument in writing Recorded in the office for recording of deeds in 
and for Lancaster County in Book No 22 page 198 reference being thereunto had 
may more fully and at large appear.  And Whereas it is ascertained that the 
personal Estate of the said deceased in insufficient to the payment of all the 
just and legal debts of the said deceased and after payment of part thereof 
out of the valuation money of that part of the real Estate aforesaid which the 
said Christian Weist and Anne his wife took at the appraisment thereof the 
balance or sum of Five thousand and fifty four dollars and sixty one and a 
half cents remains to be divided amongst his five children agreeable to the 
directions of the testament and last will aforesaid.  NOW KNOW YE that the 
said Daniel Bard and Elizabeth his wife Charles Steinmetz and Maria his wife 
John Lutz and Susanna his wife and Martin Schwar Guardian of Sarah Schwar for 
and in Consideration of the sum of four thousand and forty three dollars and 
Sixty nine cents Lawful money of the United States to them well and truly in 
hand paid by the said Chistian Wiest at and Before the ensealing and delivery 
herof that is to say to each of them the sum of One thousand and ten dollars 
ninety two cents and one farthing the receipt whereof they do hereby 
acknowledge and thereof acquit and forever discharge the said Christian Wiest 
his heirs Exectuors and Administrators by these presents 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 forever quit 
claim unto the said Christia Wiest and to his heirs and assigns All the Estate 
and Estates shares purports and dividends right title interest property claim 
and deman whatsoever of them the said Daniel Bard and Elizabeth his wife 
Charles Steinmetz and Maria his wife John Lutz and Susanna his wife and the 
said Martin Schwar for and behalf of his ward in law or equity or Otherwise 
howsoever of into or out of all that certain messuage or tenement and two 
pieces and tracts of Land situate lying and being in Cocalico township in the 
County of Lancaster in the actual possession and ?peisin of the said Christian 
Wiest now being bounded and Limited as follws vis the first therof.  BEGINNING 
at an Elm a Corner of Samuel Royers land thence by the same north seventy 
eight degrees and one quarter East two hundred and twenty seven perches to a 
stone.  Thence by land of Adam Ream north twenty one degrees and one half east 
sixty six perches and three tenths of a perch to a stone.  Thence by land late 
of David Eberly deceased south seventy three degrees west ninety two perches 
and four tenths of a perch to a stone.  Thence by the Same north Seventy five 
degrees west thirty six perches and four tenths of a perch to a stone.  Thence 
by part of the Original tract now Charles Steinmetz South eighty four degrees 
and one half west one hundred and twenty seven perches and eight tenths of a 
perch to a stone.  Thence by land of Ulrigh Shirk south seven degrees and 
three quarters East forty six perches and seven thenths of a perch to a stone 
Thence by the same South three degrees west thrity two perches to the place of 
Beginning containing ninety two acres and Seventy perches of Land neat 
measure.  The other tract Beginning at a stone in a line of Land late of David 
Eberly deceased Thence by part of the Original tract now Charles Steinmetz 
north eighty eight degrees and three quarters west forty nine perches and 
three tenths of a perch to a stone thence by the same North three quarters of 
a degree west seventy eight perches to a stone Thence by lands of Ulrich Shirk 
Michael Shirk and John Wenger respectively north thirty five degrees and three 
quarters East Eighty three perches and one half of a perch to a stone thence 
by land now or late of Christian Kneable south forty six degrees and three 
quarters East fifty eight perches to a white oak.  Thence by land of Peter 
Sauder and John Kurtz respectively south forty six degrees and one quarter 
west One hundred and three perches to a stone.  Thence continuing by said 
Kurtzs land South one degree and one half west twenty nine perches and eight 
tenths to an ash.  Thence by the same north seventy nine degrees East thirty 
five perches and four tenths of a perch to a stone.  Thence by Land late of 
the said David Eberly deceased south one degree East one hundred and Eleven 
perches and seven tenths of a perch to the place of Beginning Containing Sixty 
six acres and sixty seven perches of land neat measure.  Both above described 
tracts of Land are part and parcel of the above recited larger tract of two 
hundred and thirty eight acres and the usual allowance of six per cent for 
roads &c more or less.  Together with all and Singula Other buildings 
improvements rights members and appurtenances 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 herby 
remised and released or mentioned and intended so to be with the appurtenances 
unto the said Christian Wiest his heirs and assigns to the only proper use and 
Behoof of the said Christian Wiest his heirs and assings forever.  So that 
neither the said Daniel Bard and Elizabeth his wife Charles Steinmetz and 
Maria his wife John Lutz and Susanna his wife and Martin Schwar Guardian of 
Sarah Schwar nor their heris nor any Other person or persons whomsoever 
lawfully claiming or to claim by from or under them or any or either of them 
shall or may at any time or times hereafter have claim challenge or demand any 
estate right title or interest of into or out of the said messuage or tenement 
and two pieces and tracts of Land one thereof Containing ninety two acres and 
seventy perches.  The other tract containing sixty six acres and sixty seven 
perches of Land neat measure as aforesaid hereditaments and premises hereby 
remised and released or mentioned or intended so to be with the appurtenances 
or any part or parcel thereof but thereof and there from shall and will be 
utterly excluded and forever debarred by these presents.  In witness whereof 
the said parties to these presents have hereunto interchangeably set their 
hands and seals this fith day of June Anno Domini One thousand eight hundred 
and twenty six.

Sealed and delivered in the presence of R R Heitler.  John Dombach

Daniel Bard {seal}
Elizabeth her X mark Bard {seal}
Charles Stonemetz {seal}
Maria her X mark Steinmetz {seal}
John Lutz {seal}
Susanna Lutz {seal}
Martin Schwar {seal}

Lancaster County SS:  On the fifth day of June Anno Domini One thousand Eight 
hundred and twenty six Before me the subscriber one of the Justices of the 
peace in and for said county personally appeared the above named Daniel Bard 
and Elizabeth his wife Charles Steinmetz and Maria his wife John Lutz and 
Susanna his wife and Martin Schwar Guardian of Sarah Schwar and severally 
acknowledged the above written release to be their act and deed and desired 
that the same may be recorded as such according to Law.  They the said 
Elizabeth Maria and susanna being severally of full age and by me examined as 
the law directs separate and apart from their said husbands the contents of 
the said above written release being by me first fully made known unto them 
who upon Such separate Examination severally declared that they did 
voluntarily and of their own free will and accord and as and for their own act 
and deed sign seal Execute and deliver the same without any Coercion or 
Compulsion of their husbands.  In Testimony whereof I have herunto set my hand 
and seal the day and year aforesaid.

R.R. Heitter {seal}

Recorded the 2nd day of February Anno Domini 1829.  Henry Hibshman   Recorder