Franklin County, Pennsylvania, Deed Book 17, pages 34 and 35 - Copy on LDS film 323,806.
This is a deed, dated 2 April 1835, wherein the executors of the estate of Jacob Mack (shown as Mock here), sell land to a third party. Note that Jacob Mack's will is dated 11 July 1811 and probated (illegible) March 1814 (Will Book C, page 176). The two executors of the estate, Samuel Royer and John Benedict were sons-in-law of Jacob Mack (he had no sons). [Jacob Mack was a grandson of Alexander Mack, Sr., who founded the Brethren Church.] I am interested in this document because it shows that Jacob's daughter Margaret was the mother of Daniel Truby (Trubey) from whom I am descended. [Note that this Daniel Truby was married to Mary "Polly" Stoner, daughter of David Stoner and Maria Mack, and granddaughter of Jacob Mack.] JLM 3/18/00 (Note that John Benedict is spelled 2 different ways within the same document.)
This Indenture, made the second day of April in the year of our Lord one thousand eight hundred and thirty five between Samuel Royer & John Benedick executors of the last will & testament of Jacob Mock late of Washington township Franklin county & State of Pennsylvania dec & they the executors aforesaid of the township county & State hereinbefore mentioned of the one part & Samuel Needy of said township county and State of the other Part. Witnesseth, that the said Samuel Royer & John Benedick executors as aforesaid for and in consideration of the sum of the (illegible) of six hundred and fifty dollars lawful money of the United Stated to them in hank, well and truly paid, by the said Sam Needy at, and before the ensealing and delivery hereof the receipt whereof is hereby acknowledged and therewith being fully satisfied have granted, bargained and sold, aliened (illegible) and confirmed and by these presents do fully, freely and absolutely grant, bargain and sell alien, enfroff and confirm, unto the said Samuel Needy his heirs and assigns, all that hereafter described tract or part of tract of land situate, lying, and being in Washington Township County of Franklin & State of Pennsylvania and bounded and described as follows to wit. Beginning at an ash on a line of Christian Welty now John Benidick & thence by land of said Benedick South eighteen degrees west sixty four perches to a post thence by the land of Samuel Royer South seventy nine degrees East five and fourth perches to a post thence by said Royer's land North twenty seven & one fourth degrees East eighty three perches to a post near the creek thence along the creek by lands of John Benedick South seventy five degrees & one fourth West eleven & two tenth perches thence South fifty nine degrees West four perches. Thence South fifty one & half degrees West eleven & five tenths perches to the place of beginning containing five acres & twenty four perches neat measure. The same being part of a larger tract that Jacob Mock late of Washington Township decd in his lifetime became lawfully (illegible) seized virtue of divers good conveyances & assurances in law duly had and executed. The said Jacob Mock by his last will & testament among other things ordered and appointed Samuel Royer & John Benedick to be his executors to carry into effect his last will & testament aforesaid and whereas Margaret Truby daughter of said Jacob Mock dec was left the above described tract or part of a tract of land as part of her legacy and the said Margaret died without releasing the said executors which land descended at her decease to her son Daniel Truby as her lawful heir which said Daniel conveyed the said described tract to Abraham Stoner by deed bearing date the seventh of March A.D. one thousand eight hundred & thirty four the said Stoner then released to us the executors aforesaid on the day of the date of this Indenture.
We therefore the executors aforesaid do sell & convey unto the said Samuel Needy all our right, title, interest, & claim whatsoever to the aforesaid tract or part of a tract of land together with all and singular the buildings, and improvements thereon made or erected with the (illegible) and appurtenances whatsoever to the said described tract or part of a tract of land belonging or in any wise appertaining , and (illegible) rents (illegible) and profits thereof, also all the estate right, title, interest, use, iossission (?) property claim and demand, whatsoever of them the said Samuel Royer & John Benedict in law or equity or otherwise - howsoever of, in, to or out of the said described tract or part of a tract of land belonging or in any part thereof, together with all true copies of deeds, evidences and writings touching and concerning the hereby granted premises or any part of parcel thereof; to be had and taken at the costs and charges of the said Samuel Needy his heirs and assigns to have and to hold, the said tract or part of a tract of land as above described, and the premises hereby granted mentioned or included so to be, with the appertenances unto the aforesaid Samuel Needy his heir and assigns forever, to his and their only proper use benefit and behoof, and to, and for, no other use, intent, meaning or purpose whatsoever, and the said Samuel Royer & John Benedict for them and their heirs, as covenant, promise, grant and agree, to and with the said Samuel Needy his heirs and assigns, by these presents, that they the said Samuel Royer & John Benedick and their heirs, the above described tract or part of a tract hereby granted, bargained and sold with the appertenances unto the said Samuel Needy his heirs and assigns against them the said Samuel Royer & John Benedick and their heirs, or any other person or persons whomsoever legally claiming, or to claim, the same, or any part thereof, of the above described premises shall and shall and will warrant and forever defend. In testimony whereof the said Samuel Royer & John Benedick Executors as aforesaid have hereunto set our hands and affixed our seals the day and year first above written.
Sealed and delivered in the presence of Daniel Benedic, John Nill
Saml Royer (seal)
John Benedick (seal)
Received on the day of the date of the above Indenture of the therein named Samuel Needy the sum of six hundred fifty dollars in full for the consideration money above mentioned.
Pennsylvania Franklin County SS} Be it remembered that on the second day of April Anno Domini 1835 before me John Nill one of the Justices of the peace of the said County personally came the above named Samuel Royer & John Benedick executors of said Jacob Mock's last will & testament and acknowledged the above Indenture to be their act and deed and desired that the same might be received and (illegible) according to law: | the said ........ being by me in due form of law, examined separate and apart from her said husband and the full contents of the above deed (illegible) made known to her, the (illegible) separate examination declared that she did voluntarily and of her own free will and accord (illegible) as her act and deed, deliver the same without any coercion or compulsion of her said husband.| In testimony whereof I have hereunto set my hand and seal, the day and year above written.
John Nill (seal)
A true copy taken from the original 18th January A.D. 1836. Entered for Recording (illegible) January A. D. 1836.
Paul F. Hetich
Note: the last part of Mr. Nill's statement above does not seem to be related to this document?