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1829 Deed to Elisabeth Failing Walrath widow of Jacob A. Walrath

This indenture made the thirty first day of August One Thousand eight hundred and twenty nine between John Nellis, Christian Klock and Christopher Fox all of the town of Oppenheim in the County of Montgomery commissioned appointed in and by a role of the Supreme Court of Judicature of the State of New York, made in February term in the year One Thousand Eight Hundred and Twenty Nine to make partition of the premises hereafter described among the owners thereof of the first part and Elizabeth Walrath widow of Jacob A. Walrath deceased of Minden in said County of the second part. Whereas John J. Failing and Mary his wife of Oppenheim in said County did in October term, last past, did exhibit to the Supreme Court of Judicature of the State of New York, a petition, setting forth, that they the said petitioners were seized in fee simple (in right of said wife) of one undivided seventh part the whole into seven equal parts to be divided of a piece of land situate in the Town of Minden in the said County of Montgomery being one hundred acres of land part of Lot number ten in a tract of land granted by letters patent to Hartman Windecker, Conrad Contreman and others said one hundred acres being bounded as follows:

Beginning at the rear line of said patent at the West corner of the land formerly belonging to Hendrick H. Walrath and runs thence North fifty five (55) degrees West ten chains thence North thirty five degrees East one hundred and three chains and seventy five links thence South fifty three degrees East ten chains thence South thirty five degrees West one hundred and one chains and about sixty three links to the place of beginning being the farm in possession of Jacob A. Walrath at the time of his death.

The said petition also setting forth that the following persons are also seized in fee simple as tenants in common of the above described piece of land in the following proportions to wit:

Audolph Walrath of one undivided seventh part

Adam A. Walrath, William Walrath, Christian Walrath, and Caty Beckman, each.

Jacob Moyer and Anne his wife (the said Jacob in right of his wife) of one undivided seventh part.

Adam J. Walrath, William Walrath, Christian Walrath and Caty Beckman each of one undivided fifth of one undivided seventh part.

Ebeneezer Cox and John Cox each of one undivided fourth of one undivided fifth of one undivided seventh part.

Luther Russel and Nancy his wife (the said Luther in right of his wife) of one undivided fourth of one undivided fifth of one undivided seventh part.

John Suts and Betsey his wife (the said John in right of his wife) of one undivided fourth of one undivided fifth of one undivided seventh part.

Jacob C. Hillegas of one undivided third of one undivided seventh part.

Christian A. Walrath and Caty his wife (the said Christian in right of his wife) of one undivided third of one undivided seventh part.

Christian Walrath and Mary his wife (the said Christian in right of his wife) of one undivided third of one undivided seventh part.

Peter Walrath, Audolph H. Walrath, Henry H. Walrath, George Walrath and Mary Walrath children of Henry Walrath deceased each of one undivided sixth of one undivided seventh part.

Jonas Dillenbach and Eve his wife (the said Jonas in right of his wife) of one undivided sixth of one undivided seventh part.

Adam A. Walrath, Jacob A. Walrath, Junior, Christian A. Walrath, Henry A. Walrath, and Anthony Walrath each of one undivided eighth of one undivided seventh part.

John H. Bellinger and Lany his wife (the said John in right of his wife) of one undivided eighth of one undivided seventh part.

Mary, Julia Ann Walrath, Nancy Walrath, James Walrath, Elisa Walrath, and Walter Walrath children of David Walrath deceased each one undivided sixth of one undivided eighth of one undivided seventh part and

Betsey Walrath, Jane Walrath, Clarissa Walrath, and Arnold Walrath children of George A. Walrath deceased each of one undivided fourth of one undivided eighth of one undivided seventh part thereof as by the said Petition filed in the office of the Supreme Court reference thereunto had will more fully appear and whereas the said parties of these presents of the first part were in due form of last appointed by the said Supreme Court of Judicature, Commissioners to make partition of the said premises among the several owners thereof according to the respective rights thereof in and by the record of the said Supreme Court will manifestly appear. And whereas such proceedings were afterward had in the said Supreme Court upon and by reason of said Petition and the appointment of the said commissioners parties to these presents of the first part for the purposes aforesaid that they the said commissioners were by a rule of the said Court duly authorized and required to sell the said pieces of land and premises with the appurtenances at public vendue to the highest bidder giving at least forty two days notice of the time and place of such sale in the newspaper called the Canojoharie Telegraph printed in said County and after said sale to make report thereof to the said Court as by the record of said Court will also manifestly appear. And whereas the said commissioners did in pursuance of such authority and directions after having given more than forty two days notice of the time and place of such sale by advertisement in said newspaper on the thirtieth day of July, last past, sell at public vendue the above described piece of land to the said Elisabeth Walrath, party of the second part for the sum of Thirteen hundred thirty five dollars that being the highest sum bid for the same. And whereas such sale was afterwards in due form of law reported to and approved of by the said Court and it was thereupon considered and adjudged by the same Court that the said sale should be valid and effectuate in law and the said commissioners more further duly authorized and required or any two of them to execute a good and sufficient conveyance in the law for the said premises so sold to the said Elisabeth Walrath as by the records of the said Supreme Court will also appear. Now therefore this indenture witnesseth that the said commissioners parties to these presents of the first part in pursuance of the direction and authority to them given as above mentioned and for and in consideration of the said sum of Thirteen Hundred and Thirty Five Dollars to them in hand paid by the said party of the second part at and before the ensealing and delivery of these presents the receipt whereof is hereby acknowledged have bargained, granted and aliened, conveyed and confirmed, and by these presents do grant, bargain, and sell, alien, convey and confirm unto the said party of the second part, her heirs and assigns forever all the estate, right, title and interest which the said parties of the first part have and hold or which the said John J. Failing and Mary his wife and all the other parties interested as owners in said land above named have or had in and to all and singular the said premises and land above described with the appurtenances and hereditaments to the same belonging or appertaining to have and to hold the said hereby granted premises with the appurtenances and every part thereof unto the said Elisabeth Walrath her heirs and assigns to her and their only proper use, benefit, and behoof forever in as full a manner as the said parties of the first part ought to or lawfully may grant and convey the same by these presents.

In witness whereof the said parties of the first part have set their hands and seals the day and year first above written.

John C. Nellis, Christian Klock, Christopher Fox. Signed and delivered in presence of Henry Markell, Montgomery County

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