Page images
PDF
EPUB

did expose to sale at public vendue the hereinafter described land, with the appurtenances, after having duly advertised the same according to law, and then and there did sell the same to the said John James, for the sum of Ten thousand Dollars, he being the highest bidder, and that the highest and best price bid for the same; which sale, on report thereof made to the said Judges, was, on the Sixth day of January, A. D. 1904, confirmed by the said Court, 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 and proceedings of the said Court, reference being thereunto had, will more fully and at large appear: Now this indenture witnesseth, that the said JOHN BURNS and WILLIAM JONES for and in consideration of the said sum of Ten Thousand Dollars, to them in hand paid by the said JOHN JAMES, at and before the ensealing and delivery hereof, the receipt whereof they do hereby acknowledge, have granted, bargained, sold, released, and confirmed and by these presents, in pursuance and by virtue of the said order of court, do grant, bargain, sell, release, and confirm unto the said John James, and to his heirs and assigns, all that the said messuage, &c., bounded and described as follows: Beginning, &c. (Here describe the premises.) Together with all and singular the rights, liberties, privileges, hereditaments, and appurtenances whatsoever thereunto belonging, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof: And also all the estate, right, title, interest, property, claim, and demand whatsoever of the said WILLIAM DoE, at and immediately before the time of his decease, in law or equity, or otherwise howsoever, of, in, to, or out of the same.

To have and to hold the said messuage or tenement and tract of three acres of land, hereditaments, and premises hereby granted, or mentioned, or intended so to be, with the appurtenances, unto the said JOHN JAMES, his heirs and assigns, to the only proper use and behoof of the said JOHN JAMES, his heirs and assigns, forever.

IN WITNESS WHEREOF, We have hereunto set our hands and seals the day and year first above-written.

[blocks in formation]

PHILADELPHIA COUNTY, SS:

On the Fifth day of July, A. D. 1903, before me the Subscriber a Notary Public for the Commonwealth of Pennsylvania residing in Philadelphia personally appeared the above named JOHN BURNS and WILLIAM JONES, Administrators of the Estate of WILLIAM DOE who in due form of law acknowledged the above indenture to be their respective act and deed as such administrators to the end that the same might be recorded as such.

WITNESS my hand and seal the day and year aforesaid.
WILLIAM F. Belsterling,

(Seal.)

Commission Expires April 1, 1907.

Notary Public.

233. Guardian's* Deed for Lands Sold by Order of Orphans' Court. THIS INDENTURE, made the Sixth day of September, A. D. one thousand nine hundred and ten, between Patrick Coe, Guardian, legally appointed by the Orphans' Court of the County of Philadelphia of the estate of JOHN BROWN, a minor son of HARRY BROWN, late of Philadelphia, Blacksmith, deceased, of the one part, and EDWARD JONES, of Philadelphia, Salesman, of the other part: Whereas by force and virtue of cerain good conveyances and assurances in the law, duly had and executed the said HARRY BROWN became in his lifetime lawfully seized in his demesne, as of fee, of and in a certain lot or piece of land, situate in, &c., and bounded and described as follows (here describe the premises,) with the appurtenances, and being so thereof seised, died intestate, (or, if the deceased made a will, add the following after the word seised, "made his last will and testament in writing, bearing

*Guardians are of two kinds, testamentary or such as are appointed by the decedent in his will and appointive, or such as are appointed by orphans' court where a minor inherits property and no guardian has ever been appointed. In drawing a deed from a guardian first ascertain how the guardian was appointed. If by will, recite that part of the will. If by the orphans' court, recite that fact as above.

The portion in brackets is a covenant which is not essential to the validity of the deed and is often omitted. Until bond has been entered by the guardian his deed is ineffectual to pass title. Therefore, at settlement, a certificate of the clerk of the orphans' court must be produced, showing that bond has been entered in conformity with the order of the court. It is good practice to record this certificate with the deed though the more usual practice is to have the clerk of the orphans' court certify to the entering of the bond as shown at end of deed, form, Par. 234, page 293. See also note to form, Par. 232, page 285.

date the

day of

A. D.

wherein and

whereby (among other things) he did give and devise the said plantation and tract of land unto his said son John Brown, and his heirs, as in and by the said in part recited will, since his decease duly proved and remaining in the Register's office at Philadelphia, reference being thereunto had, appears ;") and whereas at an Orphans' Court held at Philadelphia aforesaid, in and for the said county, upon the petition of the said JOHN BROWN, the said PATRICK COE was duly appointed Guardian of the estate of the said JOHN BROWN during his minority, and it appearing to the said Court that the said JOHN BROWN was not possessed of a personal estate adequate to his maintenance and education, ([or "that the estate of said minor was 'in such a state of dilapidation and decy,'] [or 'so unproductive and expensive,'] that it would be to the interest and benefit of said minor that the estate should be sold,") the said Court did then and there make an order empowering the said PATRICK COE to make public sale of the said plantation and tract of land, the estate of the said JOHN BROWN, for the purposes aforesaid, and to make a title thereto to the purchaser; in pursuance whereof, the said PATRICK COE having first given bond with sufficient surety to the said Court, according to the Act of Assembly, for the faithful discharge of trust thus committed to him, did, on the , A. D. 19, on the premises aforesaid, in accordance with the said order, expose the premises therein mentioned to sale by public vendue, and sold the same to the said EDWARD JONES, at and for the sum of $....... he being the highest bidder, and that the highest and best price bidden for the same, which sale, on report thereof made to the Judges of the said Court, on the day of , A. D. 19 19, was confirmed by the said Court; 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 and proceedings of the said Court, reference thereunto being had, will fully appear. Now this indenture witnesseth, that the said PATRICK COE, for and in consideration of the sum of $ , to him in hand paid.

day of

by the said EDWARD JONES, at and before the ensealing and delivery hereof, the receipt and payment whereof he doth hereby acknowledge, hath granted, bargained, sold, aliened, released, and confirmed, and by these presents (by virtue of the powers and authorities to him given by the aforesaid order of Orphans' Court, and pursuant to the directions thereof) doth grant, bar

gan, sell, alien, release, and confirm unto the said EDWARD JONES, his heirs and assigns, all that the above-mentioned and described lot or piece of land, with the appurtenances thereto belonging. Together with all and singular the rights, liberties, privileges, hereditaments, and appurtenances whatsoever, thereunto belonging or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, claim, and demand whatsoever of the said HARRY BROWN in his lifetime, at and immediately before the time of his decease, of, in, to, or out of the same.

To have and to hold the said plantation and tract of land, hereditaments, and premises hereby granted or mentioned, or intended so to be, with the appurtenances, unto the said EDWARD JONES, his heirs and assigns, to the only proper use, benefit, and behoof of the said EDWARD JONES, his heirs and assigns, forever. [And the said PATRICK COE doth covenant, promise, and agree to and with the said EDWARD JONES, his heirs and assigns, by these presents, that he, the said PATRICK COE, hath not done, committed, or wittingly or willingly 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 encumbered in title, charge, or estate, or otherwise howsoever.] IN WITNESS WHEREOF, have hereunto set the day and year first above-written. Signed, sealed and delivered

in the presence of us,

WM. F. BELSTERLING,

ANDREW SMITH.

PHILADELPHIA COUNTY, SS:

day of

[ocr errors]

hand and seal

PATRICK COE. (Seal.) (Seal.)

On the A. D. 19 before me, the subscriber, a notary public for the Commonwealth of Pennsylvania residing in Philadelphia, personally appeared the abovenamed PATRICK COE, guardian of the estate of JOHN BROWN, a minor, and in due form of law acknowledged the foregoing indenture to be his act and deed as such guardian to the end that it might be recorded as such.

WITNESS my hand and seal the day and year aforesaid.
WILLIAM F. BELSTERLING,

(Seal.)

Commission expires, &c.

Notary Public.

234. Deed of Heirs and Guardian of Minor Heir Reciting Abstracts of Will and Orphans' Court Proceedings Under Price Act. THIS INDENTURE, Made the first day of August in the year of our Lord One Thousand Nine Hundred and Five (1905) BETWEEN G. F. B., single man, and W. C. B., single woman, H. G. B. and L. F., his wife, C. F. B. and M. L., his wife, and H. G. B., guardian of the estate of W. A. B., a minor, all of the city of Philadelphia (hereinafter called the grantors), and S. D. P., of the city of Philadelphia, gentleman, (hereinafter called grantee).

WHEREAS, J. D. and wife, by indenture bearing date the 7th day of July, A. D. 1887, and recorded at Philadelphia in Deed Book G. G. P. No. 276, page 442, &c., granted and conveyed the hereinafter described premises unto M. E. B., wife of G. B., in fee.

AND WHEREAS, The said M. E. B., being so thereof seised, afterwards departed this life on the 19th day of January, A. D. 1896, having first made and published her last will and testament in writing bearing date the 12th day of June, A. D. 1888, since her decease duly proved and registered in the office of the register of wills in and for the city and county of Philadelphia, and recorded in Will Book No. 182, page 576, &c.

WHEREIN AND WHEREBY, She did will (inter alia) as follows: "I give, devise and bequeath unto my children and unto the children of my said husband by a former marriage and their respective heirs forever, all my property, real, personal and mixed, of what nature, kind, soever and wheresoever the same shall be at the time of my death share and share alike."

WHEREAS, The said children of said M. E. B. and those of G. B., her husband by a former marriage, were W. P. B., H. G. B. and C. F. B., her own children, and G. H. B., W. C. B., E. E. B. and C. C. B., children of her husband by a former wife.

AND WHEREAS, The said W. F. B., one of the children above mentioned, departed this life on the 18th day of June, A. D. 1897, a widower intestate, leaving surviving him one child, the minor W. A. B., in whom said undivided one-seventh part or share in said premises is now vested in fee.

AND WHEREAS, At an orphans' court held at Philadelphia on the 18th day of July, A. D. 1903, of July Term, 1903, No. 53, the said H. P. B. was appointed guardian of the estate of W. A. B., a minor.

AND WHEREAS, At an orphans' court aforesaid held as aforesaid as of July Term, 1903, No. 53, upon petition duly presented to

« PreviousContinue »