THIS INDENTURE made the 24th day of April, 1767 between Henry KERST of the township of Oley in the county of Berks in the province of Pennsylvania, yeoman, and Appolonia, his wife; George KERST of Union in the said county, yeoman, and Elizabeth his wife, and Valentine HUFF, late of the township of Maiden Creek in the said county, wheelwright, and Mary his wife on the one part, and Christian MERCKEL of the town of Reading in the county aforesaid, blacksmith, of the other part;
WHEREAS, by a proprietary warrant under the seal of the said province bearing date the 15th day of March 1736, there was surveyed unto John KERST (alias John KERSON) [the father of the said Henry, George and Mary] a certain tract of land situate (formerly in Oley in the county of Philadelphia), but now partly in the township of Exeter and partly in the Township of Alsace in the county of Berks aforesaid Beginning at a marked black oak sapling and from thence extending by adjacent land southeast one hundred and sixty perches to a stone thence by vacant land southwest one hundred and sixty perches to a part thence by Caspar Fulweiler's land and vacant land respectively northwest one hundred and sixty perches to a stone thence by vacant land northeast one hundred and six perches to the place of beginning containing of one hundred acres and an allowance of six acres for road and highway, and whereas the said John KERSON (KERST) dying seized of a real and some personal estate and after having in and by his last will and testament given and devised unto his sons Henry and George KERSON a certain other part of his said real estate on their coming of age, he the said testator did give and devise unto his son Francis KERSON, his heirs and assigns, the said herein before described tract of land by the description and in the words following (viz.) "All my land lying on the Great Creek containing one hundred and forty acres with the appurtenances thereunto belonging (the said remaining forty acres being part of another tract which the said testator purchased from Isaac LEVAN) BUT with and subject to the Proviso that if one or more of his said children should dye before they arrive in their several ages as aforesaid then such their shares or portions therein allotted them should be equally divided amongst the surviving children and thereby giveth Rosina, his wife, one third part of all his estate as by the Laws of England for her Dowry and also the share of his good chattels lands until such time as his children should arrive to their several ages as aforesaid in order to enable her to bring up and educate them_ And of his said will, nominates and appoints the said Rosina sole executor as in and by the said will duly proved and remaining in the Register General's Office for the said province, relation being herewith stated and more fully and doth at large appear. AND WHEREAS the proprietary of the said province by their patent bearing date of the 20th day of November 1743 entered in the Office for recording of Deeds for the City and County of Philadelphia in patent Book A Vol 12, page 325 granted the said one hundred acre tract above described unto the said Rosina KERSEN her heirs and assigns IN TRUST nevertheless to and for the several uses interests and purposes to whom the same is given devised and limited in and by the said in part recited Will and to and for no other use intent or purpose whatsoever subject to the yearly quitrent of one-half penny sterling per acre forever. AND WHEREAS the said Rosina KERST alias KERSEN by deed note under her hand and seal, bearing the date the tenth of May 1762, recorded in the Office for recording of Deeds at Reading in and for the county of Berks in Book A, Vol 3, page 1,2,and 3, did for the consideration therein mentioned, remain release and forever quit claim unto the said Frances KERST (alias KERSEN) and to his heirs assigns, all and all manner of Dower and right and Title of Dower whatsoever which he then had might or of right might to have of in and to the said one hundred acres of land above described and the said forty acres part of another tract which the said testator John KERST purchased of Isaac LEVAN or of in or to any part or parcel of the said premises AND WHEREAS the said Francis KERST being so seized of the said one hundred acre tract and allowance as in his said estate aforesaid made his last will and testament in writing under his hand and seal bearing the date the twenty-third day of January 1765, wherein and whereby he did give and devise the same to his said brothers Henry and George, and unto his two sisters, the said Mary, wife of Valentine HUFF above named and Juliana, the wife of the said Christian MERCKEL, as tenants in common at in and by the said testament and last will duly proved and remaining in the Register of Wills in Reading in and for the county of Berks aforesaid relation being known and at large appears. AND SHORTLY after the publication of the said last recited testament and last will, the said Francis KERST dyed as seized of the premises as in his estate aforesaid.
NOW THIS INDENTURE WITNESSNETH that the said Henry KERST and Appolonia his wife, George KERST and Elizabeth his wife, and Valentine HUFF and Mary his wife, for and in consideration of the sum of three hundred pounds lawful money of Pennsylvania to them in hand paid by the said Christian MERCKEL at and before the ensealing and delivery thereof, the receipt whereof they do hereby acknowledge and thereof do acquit and forever discharge the said Christian MERCKEL, his executors, administrators and assigns by these present HERE and each of them HATH granted bargained sold aliened released quit-claimed and confirm unto the said Christian MERCKEL and to his heirs and assigns all and every the shares, purports, dividends of the said Henry KERST and Appolonia his wife, George KERST and Elizabeth his wife, Valentine HUFF and Mary his wife of and in the said one hundred acres of land and allowance described as the same as or ought to be bounded and limited (the whole into four equal parts and shares to be divided) and of and in all and singular the houses, outhouses, buildings, barns, stables, gardens, orchards, meadows, pastures, fields, fences, woods, ways, waterways, rights liberties privileges hereditaments and appurtenances which forever thereunto belonging or in anywise appertaining.
And the reversions and remainders, rents, income and profits thereof AND also all the estate right title interest property claim and demand whatsoever of them the said Henry KERST and Appolonia his wife, George KERST and Elizabeth his wife, Valentine HUFF and Mary his wife, of in and out of the same and every part TO HAVE AND TO HOLD the said shares purparts and dividends of the said grantors of and in the said one hundred acres of land above described and allowance aforesaid as the same is or might to be bounded and limited with all and singular the hereditaments and premises hereby granted and released or mentioned or intended to be with the appurtenances UNTO the said Christian MERCKEL, his heirs and assigns, to the only proper use and behoof of the said Christian MERCKEL his heirs and assigns forever SUBJECT always nevertheless to the yearly quit-rent and now due and hereafter to become due and payable for the same to the Chief Lord or Lords of the fee thereof AND the said Henry KERST and George KERST for them and their heirs executors and administrators do covenant promise and grant to and unto the said Christian MERCKEL his heirs executors administrators and assigns by their presents that they the said Henry KERST and George KERST or their heirs respectively shall and will at any time or times hereafter make do and execute such further and other deed or deed devices or conveyances whatsoever in the law for the better assurance and confirmation of their respective shares and purparts hereby granted and released to the said Christian MERCKEL his heirs and assigns forever as by him or them or his or their counsel learned in the law shall be reasonably advised devised and requested. AND the said Valentine HUFF doth covenant for himself, his heirs executors and administrators and for the said Mary, his wife, to and with the said Christian MERCKEL his heirs executors administrators and assigns by these presents that he or they shall and will at any time or times hereafter make and execute any deeds of writing for the further assurance and conveyance of his, her and their estate in the lands and premises above granted unto the said Christian MERCKEL, his heirs and assigns forever, as by him or them or by his or their counsel learned in the law shall be reasonably advised devised and required IN WITNESS, whereof the said parties to these presents have hereunto interchangeably set their hand and seals dated the day and year first written above:
Henry KERST (seal)
Abolonia KERST (seal)
George KERST (seal)
Elisabeth (X - her mark) KERST (seal)
Valentine HUFF (seal)
Maria HUFF (seal)
Sealed and delivered the words 'hundred acres tract and allowance between the 24th and 25 lines from the top being first interlined and the latter half of the 35th line and the first quarter part of the 111 line from the top being first erased] in the presence of us by Henry Kerst and Appolonia his wife, and George KERST and Elisabeth his wife, parties to the above written indenture. Jam Diemer, J Price...sealed and delivered by the said Valentine Huff and Mary his wife in the presence of us Christ. Witman and William Reeser. Received the day of the date of the above written indenture of the above named Christian MERCKEL, the sum of three hundred pounds lawful money of Pennsylvania, it being the consideration money above mentioned, in full. We say received: Henry KERST, George KERST and Valentine HUFF; WITNESSES present at the signing of Valentine HUFF
Christ. WITMAN and William REESER, Berks Co.
BE IT REMEMBERED that on the twenty third day of January in the year of our Lord 1768, before me James Diemer, Esq., one of the majesty Justices of the Peace of the County of Berks came the above Henry Kerst and Appolonia, his wife, and George Kerst and Elisabeth, his wife, and acknowledged the above written indenture to be their act and deed and desired the same might be recorded as such according to law. They the said Appolonia and Elisabeth, being full age, severally and apart from their said husbands by me examined the contents thereof being first made known unto them, voluntarily consenting.
WITNESS my hand and seal the day and year aforesaid
Ja. Diemer, Esq Berks Co.
BE IT REMEMBERED that on the fourth day of June, 1770, before me, James Diemer, Esq, one of His Majesty's Justices of Peace of the County of Berks, came the within named Valentine HUFF and Mary his wife and acknowledged the within written indenture to be their act and deed and desired the same might be recorded as such according to law. She, the said Mary, being of full age secretly and apart examined, and the contents thereof first made known unto her, voluntarily consenting.
WITNESS my hand and seal the day and year above said.
Ja. Diemer, Esq. JP
Accorded and this recorded and the original satisfactorily compared and found to agree --this day June 22, 1771.
Ja. Diemer JP (seal)
Submitted by Diana.
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