Sherman & Molyneaux Orphans |
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Submited by Sue Edminster |
Book 165, page 546
Albert Molyneux et al Guard., to Nelson Sherman
This indenture made the third day of April in the year of our Lord one thousand eight hundred and eighty six between Albert Molyneux guardian of Frank and Jennie Molyneux minor children of Caroline Molyneux deceased;
William Sherman guardian of Adale Molyneux minor child of Caroline Molyneux deceased and Peter Sherman guardian of Daniel A. Sherman minor child of Daniel Sherman deceased of one part and Nelson Sherman of second part, whereas, Caroline Molyneux, late of Overton Township, Bradford County, Pennsylvania died leaving surviving her three children all of which are minors namely, Frank Molyneux, Jennie Molyneux and Adale Molyneux. And whereas Albert Molyneux was on the eighth day of May AD 1885 appointed guardian of the estate of Frank Molyneux and Jennie Molyneux. And William Sherman, guardian of Ada le Molyneux. And whereas Daniel Sherman late of Warden County, Iowa died leaving surviving him five children, one of which is a minor, namely Daniel A. Sherman, and whereas Peter Sherman was appointed guardian of the estate of Daniel A. Sherman by the orphan’s court of Bradford County on the third day of February, AD 1886 and whereas the said Caroline Molyneux deceased owned an undivided one fourteenth interest in the lands in estate of Henry Sherman late of Overton deceased. And whereas each of the said minor children of Caroline Molyneux deceased own one third of said undivided one fourteenth interest in said lands and estate of Henry Sherman deceased. And whereas Daniel Sherman deceased, as son of Henry Sherman deceased owned an undivided one fourteenth interest in the lands and estate of said Henry Sherman deceased, and whereas said Daniel Sherman deceased left surviving him a minor child Daniel A. Sherman and four other children, and whereas said Daniel Sherman minor as aforesaid owning one fifth interest in the said undivided one fourteenth interest in lands of Henry Sherman deceased, and whereas the said guardians aforesaid presented their petition to the orphan’s court of Bradford County on the third day of February, AD 1886 and to the orphan’s court of Sullivan County on the twenty third day of February AD 1886 setting forth that Nelson Sherman had offered to purchase the lands of the other heirs of Henry Sherman deceased and of said minors interest for the sum of four thousand dollars that all the heirs and parties in interest had agreed to sell their undivided interest in said lands for their proportionate part of said sum; that the price so offered was a fair one and a better price that could be procured at a public sale of said lands, and praying the courts that said guardians be authorized, acting in conjunction with the other owners to sell and convey, to said Nelson Sherman, their undivided interest in said lands, held by them in trust for their said wards, whereupon the courts after investigation and being of the opinion it would be to the interest of said minors that sale be made ordered and decreed a private sale of the interest of said minors as prayed for in said guardian’s petition, that said order and decree was made on the third day of February in Bradford County and on the twenty third day of February AD 1886 in Sullivan County upon the terms and conditions set forth in said petition and decree and the sale so made in the pursuance of said orders and decrees were confirmed by the court of Bradford County on the fifth day of February 1886 for so much of said lands as are in Bradford County and by the court of Sullivan County on the twenty fourth day of February AD 1886 for so much of the lands are in Sullivan County. Now this indenture witnesseth that the said Albert Molyneux, William Sherman and Peter Sherman guardians as aforesaid for and in consideration of the sum of three hundred, forty two and eight five one hundredths dollars, lawful money of the United States to them in hand paid by the said Nelson Sherman at and before the sealing and delivery whereof, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, released and confirmed and by these presents by force and virtue of said orders and decrees of the courts of Bradford and Sullivan Counties do grant, bargain, sell, alien, release and confirm unto the said Nelson Sherman his heirs and assigns the individual undivided of the minors as aforesaid in the following described land, situated in Overton Township
Bradford County and Forks Township, Sullivan County State of Pennsylvania;
Deed - orphans, page 2
beginning at the corner of the lands of J.J. Hannon thus south thirty
three and one fourth degrees west fifteen and four tenths rods to a corner
thence south fifty three and three fourths degrees east twenty three and
two tenths rods to a corner; thence north thirty six and one fourth degrees
east seventeen rods to corner, on line of John Hottenstein; thence north
fifty six and three fourth degrees west, twenty four and six tenths rods
along lands of J. Hottenstein to place of beginning, also; beginning at
the corner line of lands of J.J. Hannon and corner of lot of Henry Sherman
Jr. in Bradford County; thence south thirty three and one fourth degree
west along lands of J. J. Hannon, seventy two and two tenths rods, to a
corner near Black Creek, thence north twenty degrees west along said creek
nine rods to a corner at said creek; thence south thirty five and three
fourths degrees west fifty six and eight tenths rods along lands of Martin
Obran to a corner near the Sullivan County line; thence south thirty three
and one fourth degree east in Sullivan County nine and eight tenths rods
to the center of public highway leading from Overton to Forksville; hence
in the same direction two and six tenths rods to corner; thence south thirty
three and one fourth degree west eighty three and one half rods to a post
and corner; thence south fifty nine and one half degrees east one hundred
eight rods along lands of William Sherman to a corner and stones on rock;
thence north thirty three and one fourth degrees east two hundred and thirty
seven and one half rods along old track line across the county line to
a corner in public highway, leading from Overton to Dushore; thus along
said highway north fifty six and three fourths degrees west thirty one
and one fourth rods to a corner; thence south thirty six and one fourth
degrees west thirty and six tenths rods to corner; thence north fifty three
and three fourths degrees west fifteen rods to a port; thence north thirty
six and one fourth degree east eleven and six tenths rods to public highway;
thence along said highway six rods to corner; thence south thirty six and
one fourth west three rods; hence south sixty five and one half degree
west five and twenty two and twenty fifths rods; thence south thirty six
and one fourth degree west fifty five rods; hence fifty three and three
fourth degrees west across public highway twenty three and five tenths
rods; thence north thirty six and one fourth degree east thirty six rods
to corner; thence north fifty three and three fourths degrees west, ten
rods to corner thence south thirty six and one fourth degrees west seven
and two tenths rods; thence north fifty three and three fourth degrees
west, twenty and two tenths rods to place of beginning containing one hundred
and fifty two, and one hundred ten one hundred six tenths acres; seventy
eight and one hundred ten one hundred six tenths acres being in Bradford
County and seventy four acres being in Sullivan County, together with all
and singular the ways, waters, water-courses, rights, liberties, privileges,
hereditaments, and appurtenances to the whatsoever thereunto belonging
or in any wise appertaining and the revisions and the remainders, rents,
issues and profits thereof; and also all the estate, right, title, interest,
use, trust, property, possession, claim and demand whatsoever of the said
parties of the first part in law, equity or otherwise howsoever, of, in,
to or out of the same; to have and to hold the said lands, hereditaments
and promises hereby granted and released, or mentioned and intended so
to be with the appurtenances unto the said Nelson Sherman heirs and assigns,
to and for the only proper use and ----?--- of the said Nelson Sherman
his heirs or assigns forever and the said parties of the first part warrant
promise and agree to and with the said Nelson Sherman his heirs and assigns,
be these presents that they the said parties of the first part have not
done, committed, or knowingly or willingly sufficed to be --?--- consulted
or any act ----?---- matter or thing whatsoever whereby the promises hereby
granted, any part thereof, is all shall someday be impeached, charged or
encumbered, entitled, charge, estate or miscellaneous howsoever. In witness
whereof the said parties to these presents have hereuto interchangeably
set their hands and seals.