1830 Deed, Michael Korn estate to Jacob Cook

The following transcript was provided to Korns.org courtesy of Margaret Gagliardi. This is the 1830 transfer of the property that is shown on the 1829 estate map on pages 32 and 33 of the 1949 book The Genealogy of Michael Korns, Sr. of Somerset County Pennsylvania ".

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MICHAEL KORN & HENRY HOYMAN to JACOB COOK (land of Michael Korns Deceased)

This Indenture made this second day of September in the year of our Lord one thousand eight hundred and thirty Between MICHAEL KORN and HENRY HOYMAN administrators of all and singular the goods and chattels rights and credits which were of MICHAEL KORN late of Southampton Township in the County of Somerset and Commonwealth of Pennsylvania deceased of the one part and JACOB COOK of the same place of the other part. Whereas the said MICHAEL KORN was in his lifetime lawfully seized in his demise as of fee of land in two certain plantations or tracts of land situate in Southampton Township Somerset County aforesaid bounded by lands of DANIEL KORN, HENRY HOYMAN, JACOB WITT SENR., and others one of which contains about one hundred and eight acres and allowances the other adjoining the first and lands of the said JACOB COOK, RICHARD GAUMER and others containing about one hundred acres and allowances with the appurtenances and being so thereof seized as aforesaid Died intestate and whereas at an Orphans Court held at Somerset in and for the County of Somerset aforesaid the 18th day of February in the year of our Lord eighteen hundred and twenty nine upon the petition of DANIEL KORN eldest son and heirs at law of the said MICHAEL KORN praying the court to award an inquest to make partition of the said Real Estate of the said Intestate in the said petition mentioned to and among his Children and representatives in such manner and such proportions as by the law of Pennsylvania is Directed and appointed if such partition could be made without prejudice to or spoiling the whole otherwise to value and appraise the same the said Inquest was awarded by the court according to the prayer of the said petitioner. Whereupon a writ of Partition or valuation issued out of the said Court bearing teste the (blank) day of (blank) 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 Children and representatives of the said intestate according to law if such partition could thereof be made without prejudice to and spoiling the whole but if such partition could not be thereof made as aforesaid then to value and appraise the same. And that the partition or valuation so made he should distinctly and openly have before the Judges of the said court at Somerset aforesaid the 2nd day of June 1829 at which day before the Judges aforesaid the Sheriff of the said County to wit JOSEPH IMHOFF ESQ. made return of the said writ with a schedule thereunto annexed by which Schedule or Inquisition under the hand and seal as well of the said Sheriff at of the inquest therein named it appears by the oath and affirmation of the said inquest that the real estate in the said writ mentioned could not be divided to and among the parties therein named without prejudice to or spoiling the whole thereof and therefore the inquest aforesaid upon their oaths and affirmations aforesaid had valued and appraised the same to wit the first above mentioned tract to the sum of (blank) dollars and (blank) cents per acre which return and valuation were on motion confirmed by the court and whereas all the heirs and legal representatives of the said MICHAEL KORN having severally and respectively refused to take the said Plantations and tracts of land at the valuation aforesaid the said court did upon the application of the said DANIEL KORN grant a rule upon all the heirs and legal representatives of the said Intestate to Their Cause at an Orphans Court to be held at Somerset in and for the County of Somerset on the Second of September then next why the real Estate Should not be Sold according to the act of General Assembly in such case made and provided at which said time and place and legal notice of the aforesaid rule being proved to have been duly prove to all the heirs and Legal representatives of the said Intestate and no cause being shown why the said real Estate should not be Sold as aforesaid the Said Court did then and there make an order Commanding the Said MICHAEL KORNS and HENRY HOYMAN administrators as aforesaid to expose the foresaid Plantation and Tracts of land of the Said interstate to public Sale on the premises upon the first Monday in June in the year of our Lord eighteen hundred and thirty upon the terms in the said order directed in pursuance whereof the Said administrators having first given sufficient security according to law for the faithful execution of the power committed to them did on the day and at the place in the Said order directed to expose the premises therein mentioned to Sale by Public Vendue and Sold the Same to JACOB COOK the first mentioned tract at and for thirty five hundred and thirty three dollars and one cent and the other tract at and for the sum of thirteen hundred and eighty five dollars and fourteen cents he being the highest and best bidder and that the highest and best price bidden for the same which sale on return thereof made to the Judges of the same Court on the first day of September in the year of our Lord eighteen hundred and thirty was confirmed and it was considered and adjudged by the Said Court that the Said plantations and tracts of lands with the appurtenances so sold as aforesaid should be transferred and vested in the said JACOB COOK a fully as the said MICHAEL KORN held the same at this decease subject and liable to the payment of the purchase money according to the terms prescribed in the said order as by the records and proceedings of the same Court remaining at Somerset aforesaid relation being thereunto had will more fully and at large appear. Now this Indenture Witnesseth that the said MICHAEL KORN and HENRY HOYMAN administrators as aforesaid for and in consideration of the sum of $4888 15/100 Dollars to them in hand paid by the said JACOB COOK at and before the Ensealing and delivery Thereof the receipt whereof and payment they do Hereby acknowledge and thereof acquit and forever discharge the said JACOB COOK his heirs executors and administrators by these presents have granted bargained sold aliened released and confirmed and by these presents (By virtue of the powers and authorities to them Given by the aforesaid order of Orphans Court and pursuant to the directions thereof) do grant bargain sell alien release and confirm unto the said JACOB COOK his heirs and assigns all that the above mentioned described two Plantations and Tracts of land with the appurtenances. Together with all and singular the houses, out houses, buildings barns, stables, ways, woods, water, water courses, rights liberties privileges Hereditaments and appurtenances whatsoever thereunto belonging or in any wise appertain and the reversion and remainders rents issues and profits thereof and also all the estate right title interest claim property and demand whatsoever of the said MICHAEL KORN in his lifetime and immediately before the time of his decease of in to or out of the same. To Have and To Hold the said Plantations and Tracts of land Hereditaments and premises hereby granted or mentioned or intended so to be with the appurtenances unto the said JACOB COOK his heirs and assigns and to only proper use benefit and behoof of the said JACOB COOK his heirs and assigns forever. And the said MICHAEL KORN and HENRY HOYMAN do severally but not jointly or one for the other or for the act or deed of the other but each for his own acts only covenant promise grant and agree to and with the said Cook his heirs and assigns by these presents that they the said MICHAEL KORN and HENRY HOYMAN have not nor hath either of them done Committed or wantingly? or willing by suffered to be done or committed any act matter or thing whatsoever whereby the premises aforesaid or any part thereof is are or shall or may be impeached charged or incumbered in title Charge or Estate or otherwise Howsoever. In Witness whereof the said parties have hereunto set their hands and seals the day and year first above written.

MICHAEL KORNS, HENRY HOYMAN (in German)

Signed Sealed and Delivered in the presence of JOHN WITT, ADAM LEPLEY

Somerset County SS. BE it Remembered that on the second day of September in the year of our Lord one thousand eight hundred and thirty before me one of the Justices of the peace in and for the County of Somerset came the above named MICHAEL KORN and HENRY HOYMAN and acknowledged the above written Indenture or Instrument of writing as and for their act and deed and desired that the same might b e recorded as such according to Law. In Testimony whereof I have hereunto set my hand and seal the day and year aforesaid. JOHN WITT

Recorded 2nd Sept 1830. JOSEPH WILLIAMS, Recorder

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This petition is found in Somerset County Deed Book 12, Page 120-123, Dated and recorded 2 September 2, 1830.

L. Dietle.
September, 2009

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