Tuesday, February 19, 2013

Amanuensis Tuesday - Proof of Contract of Sale of Real Estate in Cornelius Feather Probate File

I posted Amanuensis Monday - Petition for Writ of Partition of Cornelius Feather's Estate yesterday, and need to post this document as well before I analyze what I have learned about the heirs of Cornelius Feather.

The "Proof of Contract of the Sale of Real Estate" in the probate records for Cornelius Feather (1777-1853) of Salem, Mercer County, Pennsylvania is (Mercer County [Pennsylvania] Orphans Court Dockets, 1850-1858, Vol. D-E, page 171-172, accessed on FamilySearch.org in the Pennsylvania, Probate Records, 1683-1994 collection, transcribed by Randall J. Seaver):

The transcription of this document is:

"August Term 1855
Proof of Contract of the Sale
of Real Estate of Cornelius
Feather deceased
   22   To
Charles Milner
Clerk Findley                   3.50
Rec. March 24 1860 of John Feather
my Certs & gave Receipted he??
D W Findley

"At an Orphans Court held at Mercer in, and for, the County of Mercer on the 20th day of August A.D. 1855, the petition of John Feather of Perry Township Mercer County Pa. was presented, setting forth, that Cornelius Feather, late of Salem Township in said County died on the first day of April 1853 intestate, and Letters of administration have been issued in due cause of law to your petitioner, John Feather Administrator of all and singular the goods chattels and estate of said Cornelius Feather.  The said Cornelius Feather in his lifetime, to wit, in the month of April A.D. one thousand eight hundred and fifty was seized in fee of and in five acres, one rood and eighteen perches of land, commencing at a post, thence, West fifty six perches to a post, thence North eleven perches and four links to a post, thence North 79 deg East forty eight perches to a post, thence East 22 deg South twenty two perches to the place of beginning, containing as above stated fve acres one rood and eighteen perches, and being part of Donation Lot No. 963 in the fifth Donation District, and fully described in a draft or plot hereto attached as surveyed on the 12th day of March 1855 by Benjamin Robinson and being so seized the said Cornelius Feather did by a parcl contract or bargain, bind himself to Sell and convey said above described piece or parcel of land to Charles Milner in fee simple, in consideration of one hundred dollars to be paid to said Cornelius by said Charles.  That said Charles Milner paid said Cornelius in his lifetime towit, in the Spring of 1850, the sum of fifty five dollars on said purchase money as part thereof and that the balance thereof, towit, the sum of forty five Dollars with interest thereon since said April 1850 remains still due and unpaid on said land.  That said land Cornelius Feather intended to make, execute and deliver to said Charles Milner a deed for said land, but he was prevented from doing so by death;  that said Charles is ready and willing to pay the balance of the consideration money on said land, but that no sufficient provision for the performance of said bargain or contract appears to have been made by said Cornelius Feather in his lifetime, though he was well satisfied and intended that the same should be consumated.  Your petitioner therefore prays that the Honorable Court will be pleased to designate some day certain at which notice may be given to said Charles Milner, purchaser of said Real Estate to appear in your said Honorable Court and answer this petition, and furthermore that this Honorable Court will be pleased to decree the specific performance of said Contract, inorder to the completing of title of said land to said purchaser, according to the Act of Assembly in such case made and provided and he will as in duty bound ever pray &c.

"Charles Milner the respondent to the foregoing petition (as per paper filed and dated August 17, 1855) appears in Court, and admits the facts set forth in the above petition, and joins in the prayer of the petitioner.

"And now towit August 20th A.D. 1855 prayer of the petitioner granted and the Court decree a specific performance of the Contract, and order the administrator John Feather to convey the premises aforesaid to the purchaser, Charles Milner, by deed in fee on his Compliance with the terms of the contract.
                                                                    Per Curiam

The source citation that I've crafted (using a free-form version of the Digital Archives model in RootsMagic 6) for this specific document is:

"Pennsylvania, Probate Records, 1683-1994," FamilySearch ((http://familysearch.org) : accessed 15 February 2013), digital images, Mercer County, "Mercer County Orphans Court Docket, 1850-1858, Volumes D-E," "Proof of contract for sale of real estate" entry for Cornelius Feather, 20 August 1855, Volume E, Pages 171-172 (image 421 of 684); citing original records on FHL microfilm US/CAN 878,977.

So here we have a land description included in a probate record...along with the only definition of the death date of Cornelius Feather.  

I will try to analyze the information provided in these documents in a future post.  

Copyright (c) 2013, Randall J. Seaver


Sharon Bush said...

Very interesting info!Perfect just what I was looking for!

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