Deed between Barbara Moyer and Michael Moyer

Source: Berks County Deed vol. B2, pp. 474-476.

This indenture made the fourteenth Day of May in the Year of our Lord one thousand seven hundred and seventy six Between Barbara Moyer of the township of Cumru in the county of Berks in the Province of Pennsylvania widow, Administratrix of all and singular the goods and chattels rights and credits which were of George Moyer late of the same Place Yeoman Deceased, at the time of his death who died intestate of the one part and Michael Moyer of the township of Cumru aforesaid, Yeoman of the other part. Whereas Samuel Embree and Rachel his wife by indenture under their hands and seals bearing date the twenty first day of the fourth month in the year of our Lord one thousand seven hundred and seventy two for the consideration therein mentioned did grant and confirm unto the said George Moyer (alias Meyer) in his life time and to his heirs and assigns a certain tract or piece of land situate in the township of Cumru aforesaid.

Beginning at a post being a corner of land late of Richard Peters and ??? thence by the said Peter's Land south forty eight degrees and an half east fifty three perches to a post in a corner of land allotted to William and Ann Whiptain thence by the said Whiptain's land and land of Sarah Armit north forty one degrees and an half east three hundred and four perches to a post near a road from Daniel Ludwick's mill toward Reading thence north forty eight degrees and an half west near the said road and by other land of the said Samuel Embree fifty three perches to a post in a line of land formerly belonging to the said Samuel Embree thence by the said land and land of the said Richard Peters, south forty one degrees and an half west three hundred and four perches to the place of beginning containing ninety five acres land beside the usual allowance of six acres per cent for roads and highways. [The same part of a tract of one hundred and ninety one acres and forty perches of land which a certain William Thomas by his indenture bearing date the eighteenth day of may in the year 1769 recorded in the office for recording of deeds for the said county of Berks at Reading in Book B, Vol. 1, p. 8 &tc. granted to the said Samuel Embree in Fee with the appurtenances To hold to him the said George Moyer his heirs and assigns forever under yearly quit rent due and to become due to the honourable the proprietaries of the [Province] aforesaid their heirs and successors for the same as in and by the said recited indenture intended to be recorded in the office for recording of deeds at Reading in and for the county of Berks aforesaid relation being thereunto had more fully and at large appears.

And whereas at an Orphans Court held at Reading in and for the county of Berks --- said the eleventh day of March last past upon the petition of the said Barbara Moyer that the personal estate of the said deceased was not sufficient for the payment of his debts &tc. and praying the court to grant her an order to make sale of the above described tract of land whereof the said intestate died seized as aforesaid for the payment of the debts ---- and education of the minor children of the said intestate It was considered and ordered by the court upon due proof and consideration had of the premises that the said Barbara Moyer should expose the said tract of land to sale by publick vendue or outcry and sell the same for the purposes in the said Petition mentioned In pursuance of which order the said Barbara Moyer (after due publick and timely notice given of the time and place of sale) did on Saturday the thirtieth day of March last past expose the said described tract or piece of land with the appurtenances to sale by publick vendue or outcry and sold the same to the said Michael Moyer for the sum of five hundred pounds and five shillings lawful money of Pennsylvania He being the highest bidder and that the highest and best price bidden for the same which sale was upon report thereof confirmed by the said court and ordered to be and remain firm and stable for ever as in and by the records and proceeding of the said court relation being thereunto had more fully and at large appears.

Now this indenture Witnesseth that the said Barbara Moyer for and in consideration of the aforesaid sum of five hundred pounds and five shillings lawful money of Pennsylvania to her in hand paid by the said Michael Moyer at and before the ensealing and delivery hereof the receipt whereof she doth hereby acknowledge and thereof acquit and forever discharge the said Michael Moyer his heirs executors and administrators by these presents hath granted bargained sold released and confirmed and by these presents by virtue of the said recited order and agreeable to the directions thereof doth grant bargain sell release and confirm unto the said Michael Moyer (in his actual possession now being) and to his heirs and assigns all that the said above mentioned and described tract or piece of land containing ninety five acres and allowance aforesaid. Together with all and singular the houses outhouses, buildings, barns, stables, gardens, orchards, fields, fences, ways, woods, 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 also all the estate, right, title, interest, property, claim and demand whatsoever as well of the said Barbara Moyer as of the said George Moyer in his lifetime at and immediately before the time of his decease, of in to or out of the same.

To have and to hold the said above mentioned and described tract or piece of land containing ninety five acres and allowance aforesaid hereditaments and premises hereby granted or mentioned or intended so to be with the appurtenances unto the said Michael Moyer his heirs and assigns to the only proper use and behoof of the said Michael Moyer his heirs and assigns forever subject to the payment of the yearly quit rent aforesaid due and to become due for the same. To the Chief Lord or Lords of the fee thereof. In witness whereof the said parties to these presents have hereunto interchangeably set their hands and seals dated the day and year first above written.

Barbara (her mark) Moyer (seal)

Sealed and Delivered in the presence of us

Collinson Read
Richard Thomas

Received the day of the date of the above written indenture of the above named Michael Moyer the sum of five hundred pounds and five shillings lawful money of Pennsylvania it being the consideration money above mentioned in full I say reced, £500 5" for cor me.

Barbara (her mark) Moyer

Witness present at the signing

Collinson Read
Richard Thomas

Berks County, ss: Be it remembered that on the fourteenth day of May Anno Domini 1776, before me the subscriber one of his majesty's justices of the peace of the county of Berks came the within named Barbara Moyer and acknowledged the within written indenture to be her act and deed and desired the same might be recorded as such according to law. Witness my hand and seal the day and year aforesaid

Henry Christ

--- Record and the original diligently compared and found to agree exactly word for word, figure for figure, the fourteenth day of May Anno Domino 1776

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Submitted by: Nancy.


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