Deed between John Reedy and Christian Freehafer

This indenture made the second day of April in the year of our Lord one thousand and eight hundred and four between John Reedy of the township of Heidelberg in the County of Berks and State of Pennsylvania, yeoman, and Maria his wife, of the one part, and Christian Freeheffer of the same place aforesaid of the other part. Whereas a certain Christian Schneider and Anna Maria, his wife, by indenture did set their hands and seals bearing date the seventh day of January Anno Domini one thousand seven hundred and sixty four for the consideration therein mentioned did grant and confirm unto Peter Reedy, (father of said Christian and John Reedy) and to his heirs and assigns a certain tract of land situate in the township of Heidelberg aforesaid by marks and bounds in said indenture particularly described containing one hundred and eighty-nine acres and the usual allowance of six percent, with the appurtenances. To hold the same to him his heirs and assigns forever as by the said recited indenture relation thereunto being had appears. By force and virtue of which said recited indenture or of some other good conveyances in the law duly has and executed the said Peter Reedy, became in his lifetime lawfully seized in his demesne as of fee of and in the said tract of land with the appurtenances and being so otherwise seized died intestate leaving issue nine children, to wit: the said Christian, John, Michael, Peter, Sarah intermarried with Henry Hahn, Anna Elizabeth who was intermarried with John Ernesto but since dead having left issue, Catherine who intermarried with David Spatz, but now dead having left issue, Anna Maria intermarried with Jacob Dewees and Margaret intermarried with Frederick Heckert to whom the same by the laws of Pennsylvania relating to intestate estates did descend and come.

And Whereas at an Orphans' Court held at Reading for the county of Berks aforesaid the third day of November Anno Domini one thousand eight hundred and one upon the petition of said Christian the eldest son of the said intestate praying the court to award an inquest to make partition of the real estate of the said intestate in the Petition aforesaid mentioned to and among his children and representatives in such manner and in such proportions as by the laws of Pennsylvania is directed and appointed if such partition could be made with prejudice to or spoiling of the whole otherwise to appraise and value the same the said inquest was awarded by the said court answering to the prayer of the said petitioner.

Whereupon a writ of partition or valuation issued out of said court bearing date the same third day of November to the Sheriff of the said county directed commanding him to summon an inquest to make partition of the said real estate to and among the said children and representatives of said intestate according to law. If such partition could thereof be made without prejudice to or spoiling of the whole but if such partition could not be made as aforesaid then to value and appraise the same and that partition or valuation be made he should distinctly and openly have before the justices of the said court of Reading the second day of December then next at which day before the justices aforesaid the sheriff of the said county to wit, Nicholas Dick made return of the said writ a schedule annexed by which schedule or inquisition under the hands and seals as well of the sheriff as of the inquest therein named it appears by the oaths or affirmations of the said inquest that the real estate in the said writ mentioned could not be parted and divided among the parties therein mentioned without prejudice to or spoiling the whole thereof and thereof the inquest aforesaid upon their oaths and affirmation aforesaid had valued and appraised the same at sum of eight hundred and forty pounds which return and valuation were on motion confirmed by the court.

And thereupon it was ordered and adjudged by said court that the said Christian Reedy eldest son of the said intestate praying or securing to be paid unto the other children or representatives of the said intestate their respective shares or dividends of and in the valuation money aforesaid should hold and enjoy the real estate aforesaid valued as aforesaid to him, his heirs, and assigns forever as fully and amply as the said intestate had held the same in his lifetime agreeably to the acts of assembly in such case made and provided as by the records and proceedings of the said court relation being thereunto had more fully and at large appears. And the said Christian Reedy and Anna Maria his wife by their indenture bearing date the ninth day of March Anno Domini 1803 for the consideration therein mentioned did grant and confirm 68 acres 125 perches strict measure unto the said John Reedy and to his heirs and assigns. Witnesseth that the said John Reedy and Maria his wife for and in consideration of the sum of twenty-five pounds fifteen shillings and nine pence good lawful money of Pennsylvania to them in hand paid by the said Christian Freeheffer at and before the ensealing and delivery hereof the receipt whereof they do hereby acknowledge thereof acquit and forever discharge the said Christian Freeheffer, his heirs, executors, administrators by these presents have granted, bargained, sold, aliened, enfeoffed, released and confirmed and by these presents do grant, bargain, sell, alien, enfeoff, release, and confirm unto the said Christian Freeheffer his heirs and assigns all that certain tract, piece or parcel of land being part of the above sixty-eight acres and one hundred and twenty-five perches strict measure aforesaid bounded and described as follows to wit:

Beginning at a white oak corner (?) in a line of Jacob Miller's land by the same north thirty degrees west twenty-six perches to a post in a line of John Brossman's land by the fence south sixty-five degrees west twenty-nine perches to a post thence by John Reedy's land south sixty-six degrees east thirty-four perches and a half to a hickory by the same north sixty-five degrees east seven perches to the place of beginning containing two acres and one hundred forty-nine perches neat measure. Together with all and singular the improvements ways, woods, waters, water courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging in any wise appertaining, the reversions and remainders, rents, issues and profits thereof and also all the estate, right, title, interest, property, claim and demand whatsoever of them the said John Reedy and Maria his wife in law or equity or otherwise howsoever of, into or out of the same.

To have and to hold the said tract, piece or parcel of land containing two acres and one hundred and forty-nine perches neat measure aforesaid hereditaments and premises hereby granted or mentioned or intended so to be with the appurtenances unto the said Christian Freeheffer his heirs and assigns to the only proper use and behoof of the said Christian Freeheffer his heirs and assigns forever. And the said John Reedy for himself his heirs executors and administrators doth covenant promise grant and agree to and with the said Christian Freeheffer his heirs and assigns by these presents that he the said John Reedy and his heirs the said above described two acres and one hundred and forty-nine perches of land, hereditaments and premises hereby granted or mentioned or intended to be with the appurtenances unto the said Christian Freeheffer his heirs and assigns against him the said John Reedy and his heirs and against all and every other person or persons whomsoever lawfully claiming or to claim by, from or under him, them or any of them, 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.

Johannes Ridy (seal)
Anna Mary (her X mark) Reedy (seal)

Sealed and delivered in the presence of us:

Philip Spath (?)
Peter Nagle

Received on the day of the date of the above written indenture of and from within named Christian Freeheffer the sum of twenty-five pounds fifteen shillings and nine pence in gold and silver money it being the consideration within mentioned in full is received for Johannes Ridy,

Philip Spath (?)
Peter Nagle

Berks County, ss: On the second day of April Anno Domini one thousand eight hundred and three before me the subscriber one of the justices of the peace for said county personally came the above named John Reedy and Maria his wife and acknowledged the above indenture to be their act and deed and declared the same might be recorded as such according to law. Witness my hand and seal the within date.

Peter Nagle (seal)

Recorded and this record and the original compared and found to agree exactly the 15th day of April AD 1805

J. Frailey, Recorder

Contributed by: Nancy.


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