Wayne County Deeds & Land Records

JOHN BATES- GRANTEE

EXECUTORS OF JACOB SWINGLE

DEED BOOK 62 PAGE 410

3-11-1886 DATE OF DEED

3-17-1886 DATE RECORDED

S. CANAAN

EXECUTORS OF JACOB SWINGLE TO JOHN BATES- This indenture made the 11th day of  March in the year of our lord, one thousand eight hundred and eighty-six between Harmon Swingle and Richard Beers executors of  the last will and testament of  Jacob Swingle late of the township of  South Canaan in the County of Wayne and the Commonwealth of Pennsylvania and John Bates of the Township of Dyberry in the County of Wayne and Commonwealth of Pennsylvania of the other part Whereas the said Jacob Swingle in his lifetime and at the time of his death was seized in his domain as offer of  and on a certain tract of land situate in the Township of South Canaan aforesaid containing ninety four acres and eighty two perches more or less. And whereas letters testamentary were in due form of law granted unto the said Harmon Swingle and Richard Beers. And whereas the said executors at an Orphans Court held at Honesdale in and for the said County of Wayne presented a petition setting forth inter alias that the last will and testament of said decedent dated the 10th day of February AD 1868 was duly proved and admitted to probate on the 1st day of August AD 1870. What the provisions of said last will and testament the real estate therein before described was devised to Rosanna Swingle widow of said decedent while she remained a widow. That said Rosanna Swingle widow as aforesaid took possession of  said real estate and retained the same until her decease on or about the fifth day of January AD 1885. That by said last will and testament the said decedent ordered and directed that after the decease of his said widow the said tract of land could be sold and the proceeds thereof divided amongst the heirs as therein after provided but gave no authority to any person to make such sale. That the petitioners have filed their final account as such executors showing a balance due from said estate from the petitioners of four hundred and sixty one and 33/100 dollars and that there are no personal assets to pay the same. They therefor prayed the Court for an order to sell the real estate therein described for the purpose aforesaid. And thereupon it was considered and ordered by the said Court on the 18th day of December AD 1885. That the lands herein after described should be sold according to the prayers of the petitioners. And whereas the pursuance of the said order and by force and virtue of  the laws of this Commonwealth in such case made and provided afterwards to wit on the twenty sixth day of February AD 1886 the said Harmon Swingle and Richard Beers did expose the said hereinafter designated real estate  with the appurtenances to sale at public venue or outcry after giving notice thereof according to law and sod the same unto the said John Bates for the sum of One thousand and fifty dollars. He being the highest bidder and that the highest and best price for the same which sale on report thereof made to the Judges of said Court was on the eight day of March AD 1886 confirmed and it was considered and adjudged by the said Court that the same should be and remain firm and stable forever. As by the records of the said Court reference being had thereto will more fully and at large appear. Now this indenture witnessth That the said Harmon Swingle and Richard Beers executors as aforesaid for in consideration of the sum of One thousand two hundred and fifty dollars to them in hand paid by the said John Bates at and before the ensealing and delivery hereof the receipt whereof is hereby acknowledged. Hath granted, bargained sold released and confirmed and by these presents do grant bargain sell release and confirm unto the said John Bates his heirs and assigns all that certain lot or parcel of land situate in the Township of South Canaan County of Wayne and Commonwealth of Pennsylvania bounded and described as follows viz: Beginning at a corner in the public road in the line of lands of J. Brock Thence along said public road north eighty nine and one fourth degrees west sixty three rods to a corner. Thence south  seven degrees east forty rods to a corner thence south sixty nine and a half degrees west thirty two and nine tenths rods to a corner thence north forty five degrees west one hundred and twenty two rods to a corner thence north thirty six degrees east one hundred and eleven degrees and eight tenths rods to a post corner and thence south forty two and one fourth degrees east one hundred and sixty six rods to the place of beginning. Containing ninety four acres and eighty two perches more or less. Together with all and singular the rights liberties privileges hereditaments  and appurtenances whatsoever hereunto belonging or in anywise appertaining and the reversions and remainders of rents issues and profits thereof and also all the estate interest and demand whatsoever of the said Jacob Swingle in his lifetime at and immediately before the time of his decease in law equity or otherwise however of in and to or out of the same. To have and to hold the said tract or piece of land hereditaments and premises hereby granted or mentioned or intended so to be with the appurtenances unto the said  his heirs and assigns forever. And the said Harmon Swingle and Richard Beers executors as aforesaid doth covenant promise and agree to and with the said John Bates his heirs and assigns by these presents that they the said Harmon Swingle and Richard Beers have not done or committed or knowingly or willingly suffered to be done or committed any act matter or thing whatsoever whereby the premises hereby granted or any part thereof is or shall or may be charged or encumbered with title charge or estate or otherwise howsoever. In witness whereof the said Harmon Swingle and Richard Beers executors as aforesaid have hereunto set their hands and seals the day and year above written.

Signed sealed and delivered in presence of                                           Harmon Swingle

Charles Fielding                                                                                   Richard Beers

Paul Swingle                                                                                         Executors of the last will and testament

State of Pennsylvania                                                                        Jacob Swingle deceased

County of Wayne

On this day of March A.D. 1886 before me a Justice of the Peace in and for the County and State aforesaid personally came before the above named Harmon Swingle and Richard Beers executors of the last will and testament of Jacob Swingle deceased who in due form of law acknowledge the above Indenture to be their act and deed as such executors to this end and that the same might be recorded as such. Witness my hand and seal the day and year aforesaid.

Entered March 17th AD 1886                                          Paul Swingle, Justice of the Peace

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