Land: John Stern et ux. to Jacob Stern, 1795: Mt. Joy Twp, Lancaster Co, PA

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Land records (Indenture) 
County: Lancaster 
Twp: Mt. Joy Twp. 
Person: John Stern 
Submitter: Peggy Reichard  reichard@redrose.net


	This Indenture made the third day of February in the Year of Our Lord,
One Thousand Seven Hundred and Ninety Five, between John Stern of the
Township of Mount Joy in the County of Lancaster and the State of
Pennsylvania, Yeomen and Barbara, his wife of the one part, and Jacob
Stern of the said Township of Mount Joy in the County and State
aforesaid, Yeomen (eldest son of the said, John Stern and Barbara, his
wife of the other part.)  Whereas the Honorable Thomas Penn and John
Penn  Esquires (late) Proprietaries of Pennsylvania aforesaid in and by
their certain Patent or Grant fearing date the twentieth day of January
in the Year of Our Lord One Thousand Seven Hundred and Seventy Five  for
the considerations therein  mentioned did give grant release and confirm
unto Robert Allison and his heirs, a certain tract of land situated in
the Township of Mount Joy in the County of Lancaster aforesaid
containing Two Hundred and Seventy six acres and a half acre and the
allowance of sin acres of + or - cent for roads and highways according
to the Courses and Distances Bounds and Limits in the same Patent
Specified and described with the appurtances.  To hold to Him, the said
Robert Allison, his heirs and Assigns forever as in and by the said
recited recited Patent or Grant inrolled in the Rolls Office of and for
the (late) Province of Pennsylvania in Patent Book AA, Vol. 15, Page
348.  Reference thereto being had, may more fully appear.  And whereas
the said Robert Allison and Mary, his wife, in and by their certain
Indenture being dated this Seventh day of September in the said year,
One Thousand Seven Hundred and Seventy Five for the consideration
therein mentioned did grant and bargain and sell unto John Gish, his
heirs and assigns all that the said Tract of Land containing Two Hundred
and Seventy Six Acres and a half acre and allowances aforesaid with the
appurtances.  To hold to Him, the said John Gish, his heirs and assigns,
forever.  As in and by the said recited Indentures recorded in the Office
for Recording of Deeds in and for the County of Lancaster aforesaid in
Book S, Page 377, Vol. 60.  Reference thereto being had may more at
large appear.  And whereas the said John Gish having sold and conveyed
unto a certain John Leman in fee ninety nine acres and three quarters
of an acre, and eleven perches and allowances as aforesaid, part and
parcel of the aforesaid Tract of Two Hundred Seventy Six Acres and a
Half Acre of Land and allowances as aforesaid remained seised in Fee and
in the Residue or Remainder thereof contained, One Hundred and Seventy
Six Acres, and Three Quarters of an Acre and allowances.  Allowances of
sin Acres, and a half of cent for Roads and Highways, with Appurtances,
and the said John Gish, by virtue of some other good and sufficient
conveyances in the Law become seised in Fee of and in a certain other
piece or parcel of land, situate in the Township of Mount Joy, in the
County of Lancaster, aforesaid, containing Fifteen Acres and Fifteen
Perches, and Allowances, as aforesaid with the Appurtances, and by
virtue and in of a verbal contraction agreement with the said John
Leman, He the said John Gish, became also entitled unto and possessed of
a certain Piece or Parcel, of one Acre of Land, Part and Parcel, of the
said Ninety Nine Acres and Three Quarters of an Acre, and Eleven
Perches, of same and allowances aforesaid, and the said John Gish, being
so seised in Fee of and in the said Tract of Land, containing One Hundred
and Seventy Six Acres, and Three Quarters of an Acre, and allowances
aforesaid, and of and in the said other Piece or Parcel of Land
containing Fifteen Acres and Fifteen Perches, and Allowances, as
foresaid and being also entitled unto and possessed of the said Piece or
Tract of One Acre of land died in testule, leaving a Widow named
Elizabeth, and Spouse.  Seven children to wit, John Gish (his eldest
son), Christian Gish, Anna Maria Gish, Abraham Gish, Mathias Gish, and
Catharine Gish, Jacob Gish, to and among whom the same Lands and
Premisses, with their Appurtances descended and became agreeable to the
Acts of Assembly of the said State of Pennsylvania, in such cases, made
and provided.  And whereas, at an Orphans Court held at Lancaster, for
the County of Lancaster, aforesaid on the Second Day of February in the
Year of Our Lord, One Thousand Seven Hundred and Ninety One, before the
Justices of the same Court, the Sheriff of the same County, to wit,
James Ross, Esquire, did return a former Order of the same Court of the
Eleventh Day of January (then) last, with and Inquisition thereto
annexed taken by Him, by virtue of the said Order by the Oaths and
Affirmations of twelve good and lawful men of the Bailwick of the same
Sheriff, whereby it appeared that they had viewed the Plantation and the
Tract of Land, late of the said John Gish, deceased, coonposed and made
up of the said Tract of One Hundred and Seventy Six Acres, and Three
Quarters of an Acre, and Allowances as aforesaid and of the said Piece
and Parcel of Fifteen Acres and Fifteen Perches of Land, and Allowances
as aforesaid, and of the said Piece and Parcel of One Acre of Land with
the Appurtances, and did find that the same Premisses could not be
divided to and amongst the Widow and Children of the said John Gish,
deceased, without Injury to the Spoiling of the Whole, and that the same
Plantation and Tract of Land, consisting of the Lands and Principles
aforesaid, the said Appurtances were with and of the Value of Nine
Hundred and Eighteen Pounds and Fifteen Shillings, in Gold and Silver
Coin at and for which said sum of Nine Hundred and Eighteen Pounds and
Fifteen Shillings, money aforesaid, the said Inquest upon their Oaths
and Affirmations aforesaid, respectively, did Value and Appraise the
same, which said Inquisition being read and approved of and confirmed by
the court, and upon the application of the said John Gish (eldest son of
the said John Gish,deceased), it was considered by the same Court and
Ordered that the said John Gish, should on paying, or securing to be
paid the several and respected shares of the Widow and other children of
the said deceased, of and in the Principals, according to the Valuations
or Appraisments, held and enjoyed the said Real Estate (consisting of
the Tracts or Parcels of Land aforesaid, with their Appurtances) in Fee
agreeable to the Act of Assembly in such cases made and provided, and it
was furthur ordered by the said Court, that the debts then due and owing
by the Interest, should be first deducted out of the said Valuation
Money, before any distribution these of be made, and whereas by the
Administration Account of John Leman, surviving Administrator of all
said singular Good and Chattles, Rights, and Credits which were of the
said John Gish, deceased,  duly paid before the Register and allowed and
approved by the Orphans Court, on the Fifteenth Day of June, in the year
last aforesaid, there appeared a balance of Forty Four Pounds and
Fifteen Shillings and Eight Pence, in favor of the said Accountant, the
Court therefore divided the said balance together with Twelve Shillings,
the expenses of the same Court, to be deducted out of the said sum of
Nine Hundred Eighteen Pounds and Fifteen Shillings, the Valuations and
Appraisment of the Lands and Premisses aforesaid, reducing the same to
the sum of Eight Hundred Seventy Three Pounds, Seven Shillings and Four
Pence, which the said Court directed to be paid and distributed in
manner following to wit, that the said John Gish, should pay to the said
Elizabeth Gish, the Widow and Relict of the said John Gish, deceased, the
sum of Seventeen Pounds, Nine Shillings and Four Pence, yearly, and every
year dkuring the term of her natural life of her Dower in the Premisses,
out of principal sum of Two Hundred Ninety One Pounds, Two Shillings,
and Five Pence (one third part of the said sum of Eight Hundred Seventy
Three Pounds, Seven Shillings, and Four Pence, to be retained in his
hands for the purpose, and to be and remain charged on the premisses,
and after the deceased of the said Elizabeth, the principal sum of Two
Hundred Ninety One Pounds, Two Shillings, and Five Pence, is to be paid
and distributed to and among the children of the said deceased or their
Legal Representatives.  And that the sum of Five Hundred Eighty Two
Pounds, Four Shillings, and Seven Pence (being two third parts or
residue of the aforesaid Eight Hundred and Seventy Three Pounds, Seven
Shillings, and Four Pence), be paid and divided as follows to wit, that
the said John Gish should pay to each of the other children of the said
deceased, the sum of Eighty Three Pounds, Three Shillings, and Five
Pence Half Penny, for their respective shares thereof and that He should
retain for His own share thereof, the like sum of Eighty Three Pounds,
Three Shillings and Five Pence Half Penny;  He having agreed to take but
a single and equal share thereof as in and by the Records Orders and
Proceedings of the same Court, reference thereto being had may more
fully and at large appear, and whereas the said John Gish, both well and
truly paid off and discharged the said balance or sum of Forty Five
Pounds, Seven Shillings, and Eight Pence (including the said Twelve
Shillings, the expenses of the Orphans Court, which was due to the
said  John Yeoman, surviving  Administrator of the Goods and Chattles,
Rights and Credits, of the said John Gish, deceased, and which by the
said Order of Orphans Court, was directed to be deducted and paid out of
the Valuation or Appraisement Money, aforesaid, as appear in and by a
certain Instrument of Writing, dated the Third Day of October, in the
said Year of Our Lord, One Thousand Seven Hundred Ninety One, duly
signed, sealed and executed by the said John Yeoman and the said John
Gish, both also well and faithfully paid and made full satisfaction to
the other children of the said John Gish, deceased, for the
representative parts or shares of and in the said sum of Five Hundred
Eighty Two Pounds, Four Shillings, and Eleven Pence (being two thirds
part of the said sum of Eight Hundred Seventy Three Pounds, Seven
Shillings and Four Pence, residue of the Valuation money aforesaid as
appear in and by a certain Deed, the said First Day of October, in the
Year Of Our Lord, One Thousand Seven Hundred Ninety One, duly signed,
sealed and executed by the said Christian Gish, and by the said John
Yeoman (he being guardian duly appointed by the said Orphans Court over
the Estates of the said Anna Maria Gish, Abraham Gish, Jacob Gish,
Mathias Gish, and Catharine Gish, who were the minors under the age of
twenty one years).  Whereby, he the said John Gish became seised in Fee
of and in the Lands and Premisses aforesaid, agreeable to the said Order
of the Orphans Court and charged only with the said sum of Two Hundred
Ninety One Pounds, Two Shillings and Five Pence (being one third part of
the said sum of Eight Hundred Seventy Three Pounds, Seven Shillings and
Four Pence, residue of the Valuation or Appraisement Money duly paid),
and the Interest thereof which said Interest amounting to Seventeen
Pounds and Four Pence, is to be paid to the said Elizabeth Gish, the
Widow Relict of the said John Gish, deceased, yearly and every year
during the term of her natural life and in the Lieu of Satisfaction of
her Dower or Thirds at Common Law of and in premisses.  And after her
death the said principal sum of Two Hundre Ninety One Pounds, Two
Shillings, and Five Pence, is to be paid by the said John Gish, his
heirs or assigns holding the Premises and distribue to and amongst the
children of the said John Gish, deceased, and the Representatives of
such of them as shall be then dead, allowing to the said John Gish, or
his Representative an equal share with the other children of the said
deceased;  he having agreed to take but a single and equal share thereof
agreeable to the true intent and meaning of the said Order of Orphans
Court, and whereas the said John Gish, in and by his certain Indenture
bearing date, the said First Day of October in the Year of Our Lord, One
Thousand Seven Hundred Ninety One, for the consideration therein
mentioned did grant, bargain, and sell unto John Stern (Party hereto),
his heirs and assigns, all those the said Two Tracts or Parcels of Land
whereof the said John Gish the father, died seised in Fee, and which by
the said Court Order of the Orphans Court were confirmed unto the said
John Gish, as aforesaid, by Meters and Bounds in the same Indenture
specified and described.  One of them containing One Hundred Seventy
Five Acres and Three Quarters of an Acre, and Allowances aforesaid
(being the residence of the first above mentioned Tract of Two Hundred
Seventy Six Acres and a Half of an Acre and Allowances appraised), and
the other of them containing Fifteen Acres and Sixteen Perches and
Allowances, as aforesaid with their Appurtances, to hold to himself, the
said John Stern, his heirs and assigns, forever, subject and charged with
the said sum of Two Hundred Ninety One Pounds, Two Shillings, and Five
Pence (being one third part of the said sum on Eight Hundred Seventy
Three Pounds, Seven Shillings, and Four Pence, residue of the Valuation
of the Lands and Premises aforesaid, and the Interest thereof, which
said Interest amounting to Seventeen Pounds, Nine Shillings, and Four
Pence yearly, is to be paid to the said Elizabeth Gish, the Widow and
Relict of the said John Gish, deceased, yearly and every year during the
term of her natural life, for and in Lieu and Satisfation of her Dower
Thirds at Common Law of and in the premises, and after the death of the
said Elizabeth, the said sum of Two Hundred Ninety One Pounds, Two
Shillings, and Five Pence, is to be paid by the said John Stern, his
heirs or assigns holding the premises and distribution to and amongst
the children of the said John Gish, deceased, and the Representatives of
such of them as shall be then dead, allowing to the said John Gish or his
Representatives, an equal share with the other children of the said
deceased;  he having agreed to take but a single and equal share thereof
as aforesaid as in and by the said recited Indenture reference thereto
being had may more fully and at large appear.  Now this Indenture
Witnesseth that the said John Stern and  Barbara (his wife) in
consideration of the sum of Four Hundred Fifteen Pounds, Fifteen
Shillings, and Seven Pence current money of Pennsylvania, in specie of
Gold and Silver Coin, to them or one of them in hand well and truly paid
by the said Jacob Stern at and before the sealing and delivery hereof
(the receipts and payment whereof they and each of them do hereby
acknowledge and thereof do acquit, release, and dischard the said Jacob
Stern, his heirs, executors, administrators and assigns, by their
presents), have and each of them both granted, bargained and sold,
aliened, enyoffed, released and confirmed, and by these presents, do and
each of the doth grant, bargain, sell, alien, enyeoff, release and
confirm unto the said Jacob Stern, his heirs and assigns, all that
certain Tract of Land (part and parcel of the above mentioned tract of
One Hundred Seventy Six Acres, and Three Quarters of an Acre, and land
and allowances, so as aforesaid granted and conveyed (interalia) unto
the said John Stern by the said John Gish, situate in the Township of
Mount Joy, in the County of Lancaster, aforesaid, contained in and
bounded by the Lines and Courses to wit, beginning at Maple Tree and
from there extending by Lands of James Miller south sixty five degrees,
east thirty eight perches, and eight tenths of an perch to a White
Oak.  North thirty six degrees, east twelve degrees, east twelve perches
and a half perch to a Hickory, and south thirty five degrees, east one
hundred thirty eight perches to a White Oak standing on the bank of the
(west branch of the Chickosalungo Creek), thence down the same by the
several courses thereof of about one hundred fifty five perches to a
Hickory, thence by land intended to be granted to John Stern, the
younger, north twenty five degrees, west fifty five perches to a White
Oak, and north twenty degrees and a quarter degree, west twenty nine
perches to a White Oak:  thence by land now or late of William Allison,
north fifteen degrees and a half degree, west forty one perches to a
post, north fifty eight degrees, west forty four perches, to a a White
Oak, thence by other lands intended to be granted to the said John
Stern, the younger, north twenty six degrees and a quarter of a degree
and forty nine perches  and an half perch to a place of beginning,
containing One Hundred Ten Acres and Forty Six Perches, and the usual
allowances of sin acres for Roads and Highways, together and with all
and singular the Housed, Out Houses, Edifices and Buildings thereon
erected and being and all Ways, Waters, Water Courses, Woods, Trees,
Fences, Fields, Meadows, Orchards, Gardens, Liberties, Privileges,
Advantages, Heriditoments and Appurtances whatever thereto belonging or
anywise appertaining and the Reversions and remainder Rents, Shares and
Profits thereof   and also in the Estate Right Title, Interest use,
Trust, Property Possession, Claim and Demand whatsoever of them, the
said John Stern and Barbara (his wife) and each of them at Law in Equity
or otherwise howsoever of in to and out of the same tract or parcel of
Land and Premises, with the Appurtances, and every Part and Parcel
thereof to have and to hold.  The said described Tract or Parcel of Land
containing One Hundred Ten Acres and Forty Six Perches and Allowances as
aforesaid, Hereditaments and Premises hereby granted, released (or
mentioned intended  so to be with their rights members and appurtances
unto the said Jacob Stern, his heirs or assigns.  To the only proper use
Benefits and Both of said Jacob Stern, his heirs and assigns forever at
and under the proportional paart of the yearly Quit Rent (if any) due
for and issuing out of the same Premises, to the Lord or Lords of the
Fee thereof and charged with and subject to the sum of One Hundred Forty
Five Pounds, Eleven Shillings, and Two Pence Half Penny. Being the one
Moiety or half part of the aboe mentioned sum of Two Hundred Ninety One
Pounds, Two Shillings, and Five Pence, the one-third part of the said
residue  of the Valuation or Appraisement money above mentioned and the
yearly Interest therof which said Interest being Eight Pounds, Fourteen
Shillings and Eight Pence yearly, is to be paid to the said  Elizabeth
Gish, the Widow and Relict of the said John Gish, deceased, yearly, and
every year during the term of her natural life for and in Lieu and
Satisfaction of her Dower or thirds at Common Law of and in the
premises;  and after the death of the said Elizabeth Gish, the said sum
of One Hundred Forty Five Pounds, Eleven Shillings, and Two Pence Half
Penny is to be paid by the Jacob Stern, his heirs or assigns holding the
premises, and distribute to and amongst the children of the said John
Gish, deceased, and the Representatives of such of them as shall then be
dead, allowing to the said John Gish, or his Representatives an equal
share with other children of the said deceased, he having agreed to take
but a single and equal share thereof as aforesaid.  And the said John
Stern for himself, his heirs, executors, and administrators doth
covenant and grant to, and with the said Jacob Stern, his heirs and
assigns by the presents that he the said John Stern and his heirs, the
said described Tract or Parcel of Land containgin One Hundred Ten Acres
and Forty Six Perches and allowances, as aforesaid, Herediments and
Premisses, hereby granted and released (or mentioned, or intended, so to
be) with claiming or to claim the same Premises, or any part thereof, by,
from, or under Him, them or any of them (charged nevertheless with the
ssid sum of One Hundred Forty Five Pounds, Eleven Shillings, and Two
Pence Half Penny, and the Interest thereof to be paid and distributed at
the times and in manner above mentioned, and subject thereto, shall and
will Warrant and Forever Defend by these presents.)  In witness whereof
the said Partier to the Presents, their Hands and Seals have here unto
interchonbly sit the day and year first above written.  Received on the
date of the above written Indenture of and from the above named Jacob
Stern, the sum of Four Hundred Fifteen Pounds, Fifteen Shillings, and
Four Pence current money ofPennsylvania.  Specie of Gold and Silver
Coin, which together with the sum of One Hundred Forty Five Pounds,
Eleven Shillings and Two Pence Half Penny, retained in the hands of the
said Jacob Stern, to be paid and distributed at the time and in the
manner above mentioned is in full of and for the consideration money or
purchase of the Lands and Premises in and by the above Indenture.
	
This document was signed and sealed by: Sealed and Delivered in the
Presents of us Jacob Risser Thomas Robinson


This was granted and conveyed  Signed Jacob Stern

Barbara (X) Stern  (Her mark in parenthesis)