Westmoreland County PA Archives Deed.....KLINGENSMITH, Abraham, Sr. - KLINGENSMITH, John January 1, 1825 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/pafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Lynn Beatty klbeatty@redrivernet.com August 21, 2006, 3:44 pm Written: January 1, 1825 Recorded: January 1, 1825 Article of Agreement made and concluded the first day of January in the year of our Lord one thousand eight hundred & twenty five (1825) between John Klingensmith Senior of Hempfield Township in Westmoreland county Pennsylvania yeoman of the one part & Abraham Klingensmith of the same Township County & State yeoman of the other part as follows to wit: The said John Klingensmith Senior for the consideration herein after named & mentioned doth for himself his heirs executors & administrators covenant promise grant & agree to & with the said Abraham Klingensmith his heirs & assigns by these presents that he the said John Klingensmith shall & will on or before the eight day of this present month by good and lawful Deed or Deeds well & sufficiently grant convey & convey & assign unto the said Abraham his heirs & assigns in fee simple clear of all encumbrances all that tract of land in Hempfield Township upon which the said John & the said Abraham now reside containing one hundred & sixty three (163) acres with all the buildings thereon erected and all the appurtenances thereto belonging & all the title & interest which the said John has therein. In consideration whereof the said Abraham for himself his heirs executors & administrators doth covenant promise & agree to & with said John his heirs & assigns by these presents that he the said Abraham his heirs executors & administrators shall & will after the execution & delivery of the said Deed as aforesaid will & truely pay or cause to be paid all the just & lawful debts which the said John owes or is at present liable for & will keep the said John free from all trouble in consequences thereof and that he the said Abraham his heirs and assigns executors & administrators will provide a comfortable dwelling house on the aforesaid tract of land with half and acre of ground thereto attached for a garden and yard & will erect a stable thereon sufficiently large to accommodate one horse & two cows for the use of said John & his wife Elizabeth during their lives or the life of the survivor of them and the said Abraham covenants as aforesaid to keep the said building in good repair during the lives of the said John & his wife Elizabeth and he the said Abraham for himself his heirs executors & administrators covenants & agrees that he will furnish grain & hay sufficient to keep one hours six sheep & two cows and that he will provide pasture for the said beasts upon the tract of land above mentioned for the use of the said John & his wife Elizabeth during their lives and the said Abraham covenants and agrees for himself & his representatives as aforesaid to maintain the said John & Elizabeth during their lives & the survivors of them decently and comfortably & furnish them with everything necessary to their comfort and likewise pay them three dollars yearly & every year upon the first day of May during their lives as aforesaid & both the said parties covenant & agree that the said land shall be changed for the performance of these covenants into whose hands soever it may come and that these articles shall not be (illegible) by the execution & Delivery of the deed. And for the true performance of all and every the covenants and agreements aforesaid each of he said parties bindeth himself his heirs executors administrators unto the other his heirs executors administrators & assigns in the (illegible) sum of three hundred thousand dollars lawful money of the United States firmly by these presents In witness whereof the said parties to these presents have hereunto set their hands & seals dated the day & year first above written Signed: John (his X mark) Klingensmith Sr (Seal), Abrahm Klingensmith (Seal) Sealed & Delivered in presence of James Findlay, James Cochran, John Fleeger Westmoreland County SS Before me one of the Justices of the Peace in and for said County personally came John Klingensmith Senr and Abraham Klingensmith & acknowledged the above instrument of writing to be their Act & Deed to the and that it might be recorded as such. Witness my hand & seal the first day of January A.D. one thousand eight hundred & twenty five (1825) Signed: John Fleeger (Seal) Additional Comments: Westmoreland Co., PA Deed Book 16, p.83 Written: January 5, 1825 Recorded: January 5, 1825 This Indenture made the fifth day of January in the year of our Lord one thousand eight hundred & twenty five between John Klingensmith Senr of Hempfield Township Westmoreland County Pennsylvania & Elizabeth his wife of the one part & Abraham Klingensmith of the same place of the other part Witnesseth that whereas the Commonwealth of Pennsylvania by patent under the seal of the land office bearing date the twelfth of June one thousand eight hundred & thirteen (1813) & enrolled in patent book H(vs) & page 134 granted unto the said John Klingensmith senior and his heirs forever a certain tract of land in Hempfield Westmoreland County Pennsylvania bounded as described as is therein set forth & reference thereunto being had will more fully appear and the said John Klingensmith Senior & Elizabeth for and in consideration of the covenants which the said Abraham Klingensmith has bound himself to perform in a certain Article of agreement made between them the said John Klingensmith Senior & the said Abraham Klingensmith dated the first of the present month January & recorded in the office of the Recorder of Deeds for Westmoreland County in Book the 16 page 83 as reference thereunto being had will more fully and at (illegible) appear as well as the natural love and affection which they have for the Said Abraham Klingensmith their son by these presents have granted bargained sold aliened enfeoffed released & confirmed & by these present do grant bargain sell alien enfeoff release & confirm unto the Abraham Klingensmith and to his heirs & assigns all that tract of land in Hempfield Township County & State aforesaid bounded & described as follows. Beginning at a white oak thence by land of John Philip Klingensmith North fifty fifty [sic] one degrees east fifty two perches & one fifth to a post thence by land of Jacob Smith part of this survey south eleven degrees east thirty one perches & two thirds to a maple thence by the same land south one degree and a half west two perches & three fourths to a post thence by the same land south forty one degrees and a half west seventy five perches to a stump thence by the same land south seventy one degrees east ninety five perches & one third to a post thence by the land of Peter Altman south three degrees and a half west nine perches & three tenths to a post thence by land of Thomas Altman part of this survey west seventy two perches to a whiteoak [sic] thence by the same land south thirty degrees and a half west ninety eight perches to a hickory grub thence by the land of Henry Heasleyís heirs part of this survey north sixty two degrees west nineteen perches to a whiteoak thence by the same land forth five degrees west twenty three perches and a third to a whiteoak thence by the said land and land of George Spark now John Philip Klingensmith north fifty five west one hundred & seven perches and one third to a whiteoak thence by the last mentioned land north seventy two degrees west fifty three perches to a post thence by the same land north twenty six degrees west forty eight perches to a post thence by land of Daniel Klingensmith north seventy t(w)o degrees east six perches & a half to a post thence by the same land north thirteen degrees east twenty three perches to a post thence by the same land north forty eight degrees and a half east ninety two perches to the place of beginning being part of the tract of land granted by patent to the said John Klingensmith Senior by the Commonwealth as above mentioned together with all & singular other the housed out houses buildings horse stables, ways, woods, waters courses rights liberties priviledges hereditaments & appurtenances whatsoever thereunto belonging or in any wise appertaining (except any right claim or interest which the said John Klingensmith Senior & his wife Elizabeth or either of them may have by virtue of he Article of Agreement above refered to) and the reversions & remainders & rents issues & profits thereof and also all the estate right title interest property claim and demand whatever of them the same John Klingensmith Senior and Elizabeth his wife in law or equity or otherwise howsoever or into or out of the same To have & to hold the said tract of land Containing one hundred and sixty three acres and the (illegible) hereditaments & premises hereby granted or intended to be with appurtenances (except any right claim or interest which John Klingensmith Senior & his wife may have by virtue of the Article of Agreement as aforesaid) with the said Abraham Klingensmith his heirs & assigns to the only proper use and behoof of the said Abraham Klingensmith his heirs & assigns forever And the said John Klingensmith Senior for himself his heirs executors & administrators doth covenant promise grant & agree to and with the said Abraham Klingensmith his heirs & assigns by these presents that he the said John Klingensmith Senior & his heirs the said above mentioned & described tract of land hereditaments and premises hereby granted or intended so to be with the appurtenances (illegible) the Abraham Klingensmith his heirs & assigns against him the said John Klingensmith Senior & his heirs & assigns against all & every other person & persons whomsoever lawfully claim or to claim by from or under (illegible) them or any of them shall & will warrant and forever defend by there [sic] presents. In witness whereof the said John Klingensmith Senior & Elizabeth have hereunto set their hands & seals Signed: John (his X mark) Klingensmith (Seal), Elizabeth (her X mark) Klingensmith (Seal) Sealed & Delivered in presence of Robert Montgomery, James Findlay Westmoreland County S.S. On the fifth day of January A.D. 1825 before me one of the Justices of the Peace in & for said County came the within named John Klingensmith Senior & Elizabeth his wife & severally acknowledged the within written Indenture as & for their Act & Deed desired that the same might be recorded as such according to law the said Elizabeth being of full age separate & apart from her said husband by me examined & the full contents thereof made known to her voluntarily (illegible) thereto and testimony whereof I have hereunto set my hand & seal the day & year aforesaid. Signed: Robt Montgomery Additional Comments: Westmoreland Co., PA Deed Book 16, p.84 This file has been created by a form at http://www.genrecords.org/pafiles/ File size: 11.7 Kb