Indenture between Martha Ann OGLE & Others to Joseph RIPKA (1845), Philadelphia Co., PA Contributed for use in USGenWeb Archives by Doug Arbuckle Copyright 2004. All Rights Reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/pafiles.htm ********************************************************* Philadelphia County Deed Book, AWM, Book 14, Page 574 Martha Ann Ogle, et al to Joseph Ripka This Indenture made the Twenty eighth day of July in the year of our Lord One Thousand Eight hundred and Forty Five Between Martha Ann Ogle of the County of Philadelphia Widow of the First Part Henry K B Ogle and Mary Fisher his wife John T Ogle and Mary N his wife James F Ogle and Jacob F Sinquet and Phoebe Ann his wife (late Phoebe Ann Ogle) The said Henry John James and Phoebe Ann being the Children of the said Martha Ann Ogle of the Second Part and Joseph Ripka of the County of Philadelphia Manufacturer of the Third Part. Whereas John Towers late of the County of Philadelphia deceased in and by his last Will and Testament bearing date the Eighteenth Day of March 1831 duly proved and registered at Philadelphia did (inter alias) give devise and bequeath in the words following to wit: “Item – I give and bequeath unto to[sic] Daughter Martha Ann Ogle relict of the late Thomas B Ogle the full Five Sixth parts of all my Estate and property real and personal whatsoever and wheresoever the same may be found To have and to hold to her my said daughter Martha during her natural life and at her decease to be equally divided between her Children Then living and to their heirs and assigns forever share and share alike but should any of the Children die after attaining to Lawful age leaving lawful issue Then and in That case the part and portion of my Estate which would have belonged to such Child or Children had they lived shall go and belong to their his or her said lawful issue share and share alike (Item. I give and bequeath to my Grand Daughter Susan Towers the Daughter of my son John Towers and Susan his wife both deceased the remaining full One Sixth part of all my Estate and Property real and personal whatsoever and wheresoever the same may be found To have and to hold unto her my said Grand Daughter when she shall have attained to the age of twenty one years to her heirs and assigns forever) And further thus I desire that my wife Mary Towers and my Daughter Martha Ann Ogle may continue to reside Together in my dwelling house in which I now live in mutual harmony and Peace it is also my desire That both be exempted from rent so long as they shall occupy it. I give to my wife one half of the said House and its privileges say the Barn and South West part of the Ground taking in the vinyard[sic] and half the Garden provided that she shall neither lease rent or in any wise dispose thereof nor bring any other person or persons to reside therein except her own domestics provided also that at her decease the same shall go to the Children of my daughter Martha Ann Ogle the one half of the above said House half the Garden so long as she shall live or choose to occupy it. Provided that she shall neither lease rent nor in any wise dispose thereof nor bring any other persons or person to reside therein except her own domestics. Provided also that at her decease it go to her Children and to their heirs and assigns forever.” And the said Mary Towers the widow is since deceased. And Whereas by an Act of Assembly of the Commonwealth of Pennsylvania is passed on the Sixteenth Day of April Anno Domini 1845 entitled “An Act to authorize Martha Ann Ogle to sell and convey Certain Real Estate” it was enacted That The said Martha Ann Ogle with the Approbation of her Children Testified by their joining in the conveyance be and she is hereby authorized and empowered to sell at public or private sale for cash or on credit or both all or any part of the said Real Estate Situate within the State of Pennsylvania is and to convey the same in fee simple or otherwise to the purchaser or purchasers in whom the title shall be as fully vested as if any parties who may become entitled under the said will had joined in the conveyance and the same shall be taken discharged from all trusts under the said Will and without liability as to the application of the purchase money provided always that the said Martha Ann Ogle shall hold the monies or securities arising from the said sale for the same uses for which the Real Estate is now held and Provided also that the said Martha Ann Ogle before making sale of the said Real Estate shall enter into bond or recognizance in such sum and with such security as the Orphans Court of Philadelphia County shall direct for the faithful execution of the power hereby given and for the proper application of the proceeds of the sale or sales hereby authorized And Whereas at an Orphans Court held at Philadelphia for the said City and County of Philadelphia on the Seventh Day of June AD 1845 the said Court on petition of the said Martha Ann Ogle approved of her sons John T Ogle, James F Ogle, Henry K B Ogle and her son in law Jacob F Sinquet as sureties in the Sum of Four thousand Dollars for which sum they have given their Bond to this Commonwealth conditioned for the proper application of the proceeds of the sale or sales authorized by said Act And Whereas the said Susan Towers the grand daughter of the said Testator intermarried with Captain Alexander Britton and afterwards departed this life leaving an only Child namely Alexander Britton Junior her surviving to and in whom her said one Sixth Part so as aforesaid devised to her by the said John Towers deceased and vested And the said Alexander Britton the elder Guardian of the said Alexander Britton Junior in pursuance of an order of the Orphans Court for Philadelphia County by Indenture bearing date the Tenth Day of June AD 1840 intended to be recorded did grant and convey unto the said Martha Ann Ogle all the One undivided Sixth part of the said Alexander Britton Junior a minor of and in the premises therein described being the Real Estate of the said John Towers deceased Situate in the County of Philadelphia And the said Alexander Britton Guardian aforesaid by one other Indenture bearing date the Tenth Day of June AD 1840 did in pursuance of an order of the Orphans Court for Montgomery County grant and convey unto the said Martha Ann Ogle all the said Minors undivided Sixth Part of and in Certain Messuages or Tenements and a Lot or Piece of Land Containing Fifteen Acres and Fifty Five Perches Situate in Montgomery County in the State of Pennsylvania And Whereas the said Martha Ann Ogle with the consent and approbation of her Children has sold as well the said Five undivided Sixth Parts of and in the Real Estate so as aforesaid devised by the said Will to her for life with remainder to her Children as also the said one undivided Sixth Part so as aforesaid devised to the said Susan Towers and by the said recited Indentures conveyed to the said Martha Ann Ogle in fee as aforesaid being the premises hereinafter described to the said Joseph Ripka Subject to the Ground Rents hereinafter mentioned and other incumbrances now existing against the said premises for the price or sum of Four thousand dollars. Now This Indenture Witnesseth that the said Martha Ann Ogle party of the First Part hereto with the consent and approbation of her children the said Henry K B Ogle, John T Ogle, James F Ogle and Jacob F Sinquet and Phoebe Ann his wife (late Phoebe Ann Ogle) testified by their becoming parties to and signing and sealing hereof and in pursuance of the power and authority in the said recited Act of Assembly contained and in her vested and by force and virtue thereof and of all any every other power and Authority in her in any wise vested and in this behalf enabling and for and in consideration of the sum of Four Thousand dollars lawful money to her paid by the said Joseph Ripka at the time of the Execution hereof the receipt whereof is hereby acknowledged hath granted bargained sold released and confirmed and by these presents they the said parties of the First and Second Parts hereto do and each of them doth grant bargain sell release and confirm unto the said Joseph Ripka his heirs and assigns All that Stone Dwelling House Two Stone Buildings used as small factories One stone and one frame Tenement and Lot or Piece of Land Situate in the Township of Lower Merion in Montgomery County aforesaid beginning at a stone in a line of John Lewis’s land then by the same North Fourteen and a half degrees West fifty two perches and eight tenths to a stone a Corner of Jone’s land thence by the said Jone’s land North Sixty one degrees East Sixty three perches and five tenths to a stone at the Corner of George Helmbuld’s land thence by same South twelve and a half degrees West Twenty Eight perches to a stone and a line of John Evans land thence by the said Evans land South Forty one Degrees West Seventy four perches to the place of beginning Containing Fifteen Acres Fifty Five Perches of land be the same more or less (Being the same premises which William Lawson and wife by Indenture bearing date the Fourth day of July AD 1814 Recorded at Norristown in Montgomery County in Deed Book No 30 pages 506 granted and conveyed unto the said John Towers in Fee) Also All Those Four Certain Three Story Brick Messuages or Tenements and Lot or piece of ground Situate in the District of Kensington and County of Philadelphia beginning on the West side of Second Street Continued One hundred and forty feet Southward from a Fifty feet wide Street called Master Street and running thence along the said Second Street South Eleven Degrees and Eight minutes West Forty feet to ground of Solomon Wyatt thence along the said ground North Seventy Eight Degrees and Fifty two minutes West Three hundred and Seventeen feet two and a half inches to a Forty feet wide Street called Cadwallader Street thence along the said Cadwallader Street North Ten Degrees eleven minutes West Forty two feet eleven and a quarter inches to ground of Jesse Saunders thence along the said ground South Seventy eight degrees fifty two minutes East three hundred and thirty two feed nine and three quarter inches to the place of beginning Subject to a Yearly Rent Charge of Eighty Dollars to Mary Penn her heirs and assigns forever. (Being the same premises which Edward Haley and others by Indenture bearing date the Twenty Sixth day of April 1814 Recorded in Deed Book GS No 29 page 576 granted and conveyed unto the said John Towers in fee. Subject to the said Yearly Rent) Also All Those two smaller stone Tenements and Nine Frame Tenements and Lot or piece of Ground Situate in the Township of Roxborough and County of Philadelphia aforesaid beginning at a stake at the Northwesterly corner of Manayunk Street and Green Lane thence along said Green Lane North Forty nine Degrees Forty five minutes East One hundred and Eighty nine feet nine inches to a stake in a line of Perry Leverings lot number Eight thence by the same North Fifty one Degrees Fifteen minutes West Sixty feet to a stake thence by other lands of Charles Levering South Forty-nine Degrees Forty five minutes West One hundred and Eighty nine feet nine inches to said Manayunk Street thence along the said Manayunk Street South Fifty One Degrees Fifteen minutes East Sixty feet to the place of beginning Subject to a Yearly Rent Charge of Thirty Dollars (Being the same premises which Charles Levering and wife by Indenture bearing date the Tenth Day of November AD 1825 Recorded in Land Book AM No 2 page 433 granted and conveyed unto the said John Towers in fee Subject to the payment of the said yearly rent) Also all those Two Brick and Four Frame Tenements and Lot or piece of ground Situate in Roxborough Township in Philadelphia County aforesaid beginning at a stake set for a Corner at the waters edge of the Canal and in the line of Dr Darrah’s land thence along the waters edge of the Canal the four following courses and distances to wit: South Forty six Degrees and Fifteen minutes East one hundred and Forty one feet South Fifty Degrees East One hundred and Sixteen feet six inches South Fifty four Degrees Fifteen minutes East Two hundred and Thirty three feet and South Fifty seven Degrees East Sixty five feet seven inches to a stake at the waters edge of the Canal and in the line of Joseph Ripka’s land thence South Thirty two Degrees West ninety four feet to a low water mark in the River Schuylkill thence up the several courses and distances of the said River Schuylkill to Doctor Darrahs line thence by the said Darrah’s line North Forty three Degrees and Forty five minutes East to the place of beginning Containing One Acre and Fifty perches of land be the same – or less (Being part of a larger Tract of Five Acres which Mary Levering and other Executors of Anthony Levering by Indenture bearing date the First Day of April 1819 Recorded in Deed IH No 3 page 273 granted and conveyed unto the said John Towers in fee) Also All that Certain lot or piece of ground Situate in the Township of Roxborough limited and bounded as follows Beginning at a Corner stake in the line of land of Silas G Levering being also a Corner of Simpkins lot thence by the said line Fifty one and a half degrees East thirty two perches and Seventy five hundredths to a stake a Corner in the line of Thomas B Ogles land thence by the said Ogles land and land of John H Levering deceased South Twenty-eight Degrees and a quarter East Thirteen perches and Sixty four hundredths of a perch to Gay Street thence along the said Gay Street South Fifty one and a half degrees West Thirty one perches and eight tenths of a perch to a stake thence by land of Bradfield and others North Thirty two Degrees West Thirteen perches and Sixty five hundredths of a perch to the place of beginning Containing Two Acres and One hundred and fifteen perches (Being the same premises which Titus G Levering and wife by Indenture bearing date the Twentieth Day of April 1827 Recorded in Deed Book GWR No 17 page 743 granted and conveyed unto the said John Towers in fee) And also All and singular other the Real Estate of which the said John Towers died seized whether devised by his last Will or otherwise and Whether Situate in the State of Pennsylvania or elsewhere Together with all and singular the buildings and improvements ways streets alleys passages waters water courses rights liberties privileges hereditaments and appurtenances whatsoever thereunto belonging or in any wise appertaining and the reversions and remainders rents issues and profits thereof And All the Estate right title interest property claim and demand whatsoever of them the said parties of the First and Second Parts hereto as well at Law as in Equity of in and to the same To have and to hold all and singular the hereditaments and premises hereby granted or mentioned and intended so to be with the appurtenances unto the said Joseph Ripka his heirs and assigns To and for the only proper use and behoof of the said Joseph Ripka his heirs and assigns forever Under and Subject nevertheless to the incumbrances aforesaid Provided howsoever that the said Joseph Ripka does not hereby assume or Covenant to pay the said incumbrances or any part thereof except only so far as the said hereby granted premises shall produce monies for that purpose And the said parties of the First and Second Parts hereto and their heirs respectively all and singular the hereditaments and premises hereby granted so mentioned and intended so to be with the appurtenances unto the said Joseph Ripka his heirs and assigns (Subject as aforesaid) against them the said parties of the First and Second Parts hereto and their heirs respectively and against all and every person and persons whomsoever lawfully claiming or to claim by from or under them or any of them Shall and Will Warrant and forever Defend by these presents In Witness Whereof the said parties have interchangeably set their hands and seals hereunto. Dated the Day and year first above written. Martha Ann Ogle Henry K B Ogle Mary Fisher Ogle J Towers Ogle Mary N Ogle James F Ogle J F Sinquet Phoebe Ann Sinquet Sealed and Delivered in the presence of us: The words “thence by same” in 29th line from bottom first interlined. Geo W Davis Jno Alexander Received the Day of the date of the within Indenture of the within named Joseph Ripka the Sum of Four Thousand Dollars being the full consideration money therein mentioned. Martha Ann Ogle Witnesses as Signing: Geo W Davis Jno Alexander On the Twenty Eighth Day of July AD 1845 Before me the Subscriber one of the Justices of the Peace for the County of Philadelphia came the within named Martha Ann Ogle Henry K B Ogle and Mary Fisher his wife John T Ogle and Mary N his wife James F Ogle and Jacob F Sinquet and Phoebe Ann his wife and in due form of Law acknowledged the within Indenture to be their and each of their Act and Deed and desired the same as such might be recorded The said Mary Fisher Ogle Mary N Ogle and Phoebe Ann Sinquet being each of full age and by me examined thereon separate and apart from their said husbands and the full contents thereof being by me first made known to them respectively did severally declare and say that they did voluntarily and of their own free will and accord sign seal and as their and each of their Act and Deed deliver the said Indenture without any coercion or compulsion of their said husbands Witness my hand and seal the day and year aforesaid. Jno Alexander Justice of the Peace Recorded Sept 9, 1846