Douglass Township School Deed, 1803
Berks Co., PA Deeds
Book 20, pp 47-49
This Indenture Made the tenth day of May in the year of our Lord one thousand eight hundred and three Between David Rutter of Douglas Township in the County of Berks and State of Pennsylvania, Iron Master, and Mary Anna his Wife of the one part, & Mathias Levergood, Harman Bunn, Thomas Boone, Philip Eagle, Samuel Sellers, Andrew Swenk, Daniel Pyle, Daniel Foose, Henry Baker, Jacob Levergood, John Levergood, Henry Eagle, Jr., Jacob Van Reid and Jacob Hoofman, all of Amity and Douglas Townships in the county of Berks aforesaid, Yeomen, of the other part.
Witnesseth that the said David Rutter and Mary Anna his Wife as well for other good causes and considerations them hereunto especially moving as for the sum of five shillings to them in hand well and truly paid by the said Matthias Levergood, Harman Bunn, Thomas Boone, Philip Eagle, Samuel Sellers, Andrew Swenk, Daniel Pyle, Daniel Foose, Henry Baker, Jacob Levergood, John Levergood, Henry Eagle, Jr., Jacob Van Reid and Jacob Hoofman, at and before the sealing and delivery hereof, the receipt whereof the said David Rutter and Mary Anna his wife doth hereby acknowledge, Have granted, bargained, sold, released and confirmed and by these presents do grant, bargain, release and confirm unto the said Matthias Levergood, Harman Bunn, Thos. Boone, Philip Eagle, Samuel Sellers, Andrew Swenk, Daniel Pyle, Daniel Foose, Henry Baker, Jacob Levergood, John Levergood, Henry Eagle, Jr., Jacob Van Reid and Jacob Hoofman and to their successors (that is those who may from time to time succeed them in possessing or inheriting their present real Estates) A certain piece or tract of land situate in Douglas Township aforesaid bounded and described as follows, to wit -- Beginning at a post in the line of Jacob Hoofmans land one perch and two tenths of a perch from the Northwest corner of a School house lately erected on the land hereby granted and extending thence by said Hoffmans land South seventy eight degrees East eight perches to a stone, thence by other land of said David Rutter twelve degrees West five perches to a stone, North twenty eight Degrees West eight perches to a stone and North twelve degrees East five perches to the place of Beginning, Containing forty perches (It being part of a larger tract of land which by sundry good conveyances and assurances in the law duly had and executed (all on record in the Office at Reading) was granted and confirmed unto the said David Rutter, party hereto, in ffee ) Together with all and singular other the houses, outhouses, buildings, improvements, ways, wood, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining (Excepting and reserving nevertheless to and for the said David Rutter and his successors forever, a full and equal right and place with any one of the aforesaid Grantees of, in and to the above described lot of ground with the appurtenances) and the reversions and remainders, rents, issues and profits thereof and also all the estate right, title, interest, property claim and demand whatsoever from the said David Rutter and Mary Anna his Wife (except as before excepted) either at law, in equity or otherwise howsoever of, in or out of the same, To have and to hold the said piece or lot of ground above described, hereditaments and premises hereby granted or mentioned or intended so to be with the appurtenances (except as before excepted) unto the said Matthias Levergood, Harman Bunn, Thomas Boone, Philip Eagle, Samuel Sellers, Andrew Swenk, Daniel Pyle, Daniel Foose, Henry Baker, Jacob Levergood, John Levergood, Henry Eagle, Jr., ( * ) and Jacob Hoofman and their successors as aforesaid to the only proper use and behoof of the said Matthias Levergood, Harman Bunn, Thomas Boone, Philip Eagle, Samuel Sellers, Andrew Swenk, Daniel Pyle, Daniel Foose, Henry Baker, Jacob Levergood, John Levergood, Henry Eagle, Jr., (* ) and Jacob Hoofman and their successors forever, as Tenants in common and not otherwise for the express and only purpose of a School holding for the Education and instruction of Children in the knowledge of Literature, and for no other use or purpose whatsoever. And it is hereby covenanted and agreed to between the said parties to these presents that the aforesaid School house with the appurtenances shall always be kept in good repair at the joint and equal expense of them and their successors. And further that they the said David Rutter, Matthias Levergood, Harman Bunn, Thomas Boone, Philip Eagle, Samuel Sellers, Andrew Swenk, Daniel Pyle, Daniel Foose, Henry Baker, Jacob Levergood, John Levergood, Henry Eagle, Jr., Jacob Van Reid and Jacob Hoofman and their successors or a majority of those attending, together with those persons who have voluntarily subscribed to the amount of fifteen shillings for Building and Schoolhouse, shall and will meet yearly and every year at the Schoolhouse aforesaid on the first Saturday of November at three oClock in the afternoon and then and there by Ballot or otherwise as they may agree, choose out of the Body of the said Grantees and Grantor and their successors three persons to superintend the said School for the ensuing year, whose business it shall be to prescribe and appoint such rules and regulations for the well ordering and good Government thereof as to them may appear expedient, and also to take every other necessary care thereof during the time of their appointment. And the said David Rutter for himself, his Heirs, Executors and Administrators doth covenant, promise and grant to and with the said Matthias Levergood, Harman Bunn, Thomas Boone, Philip Eagle, Samuel Sellers, Andrew Swenk, Daniel Pyle, Daniel Foose, Henry Baker, Jacob Levergood, John Levergood, Henry Eagle, Jr., Jacob Van Reid and Jacob Hoofman and their successors by these presence that he the said David Rutter and his heirs the said piece or lot of ground above Described containing forty perches, hereditaments and premises hereby granted or mentioned or intended so to be with the appurtenances (except as before excepted and reserved) unto the said Matthias Levergood, Harman Bunn, Thomas Boone, Philip Eagle, Samuel Sellers, Andrew Swenk, Daniel Pyle, Daniel Foose, Henry Baker, Jacob Levergood, John Levergood, Henry Eagle, Jacob Van Reid and Jacob Hoofman and their successors Against him the said David Rutter and his Heirs and against all and every other person and persons lawfully claiming or to claim the same by, from or under him, them or any of them (Except forever the claim to the eight and share herein before excepted and reserved for the said David Rutter and his Successors) shall and will Warrant and forever Defend by these presents. 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.
David Rutter {Seal}
Mary Anna Rutter {Seal}
Sealed and delivered in the presence of us (the word “forever” between seventeenth and eighteenth lines from the top being first interlined).
Gwenne Griffiths
George Lorah
Received on the day of the date of the above written Indenture of and from the above named Grantees the sum of five shillings, it being the consideration money above mentioned mentioned (sic) in full pr me, David Rutter.
Witness present at the signing,
Gwenne Griffiths,
George Lorah
Berks County Ss – Be it remembered that on the tenth day of May Anno Domini 1803 Before me the subscriber, one of the Justices of the Peace for the said County came the above named Daniel Rutter and Mary Anna his Wife and acknowledged the above written Indenture to tbe their Act and Deed and desired that it might be recorded as such according to law. Witness my hand and Seal the day and year above said.
George Lorah {Seal}
Recorded and this record and the original compared, found to agree exactly &c the 28th day of July Anno Dom. 1803.
* name of Jacob Van Reid was omitted
Submitted by Jane.
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