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Land: McQUADE, William 1812: Partition of Real Estate: Rye Twp, Cumberland Co, PA

Contributed for use in USGenWeb Archives by Carolyn McQuaid Thomas.
 western37@cox.net

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Writ of Partition: Orphan's Court, Cumberland Co. PA:
Docket 5, Vol. 1, Pg 292
Transcription from photocopy accessed at Cumberland County Courthouse in
Carlisle, PA, by Robert R. McQuaid, 1995; transcription by Carolyn J.
McQuaid Thomas <western37@home.com>, May 2001.

A writ of Partition or valuation of the real estate of William McQuade late
of Rye township deceased~ directed to the Sheriff of Cumberland County,
tested at Carlisle the 23.d day of March in the year of our Lord one
thousand eight hundred and twelve and returnable to the next stated Orphans
Court to be held at Carlisle on the 19.th day of May then next which said
writ was returned accordingly by John Boden Esq. high Sheriff of said
County, with an Inquisition, thereunto annexed taken by the said Sheriff &
twelve lawful men of his Bailiwick under their hands and seals respectively
dated the 18.th day of May AD 1812  By which Inquisition it appeared to the
Court that the tract of Land in said writ mentioned could not be parted and
divided so as to accommodate more than one of the heirs of said deceased
without injury to & spoiling the whole thereof Therefore the Inquest
aforesaid on their oaths & affirmations valued & appraised said tract of
Land and premises containing fifty three acres and one perch & allowance as
described by the following draught at the sum of seven dollars eighty seven
& one half cents per acre amounting, in the whole to the sum of four hundred
seventeen dollars thirty seven & one half cents~

[Graphic of the confluence of Shearman's (sic) Creek and the Susquehanna:
location of the land of the heirs of William McQuoid (sic) 1812.]

See http://www.usgwarchives.net/pa/cumberland/1picts/mcquadewmland1812.jpg

And the said Inquisition being read the Court confirmed the same  And now to
wit the 16.th day of February 1813, it appearing to the Court that
publication had been made & notice given agreeably to an order of Orphans
Court made the 15.th September AD 1812 notifying John McQuade the eldest son
of said William McQuade dec.d to appear & accept of the said estate at the
valuation and the said John McQuade not appearing to take the said estate
Thereupon Robert Clark Esquire a lienee of William McQuade the second son of
said dec.d Came into Court and prayede the Court to award to him as a
lienee, aforesaid the aforesaid Lands at the valuation & appraisement he
producing a Deed of Conveyance from the said William McQuade the second son
of said William McQuade deceased which said Deed of Conveyance is duly
executed and recordedÐWhereupon the court award the said real estate to the
said Robert Clark Esquire upon his entering into recognizances with
sufficient security to the other heirs and legal representatives of said
deceased for the payment of their respective shares of the said valuation &
appraisement after deducting the costs amounting to sixty five dollars and
fifth nine cents leaving the sum of three hundred and fifty one dollars and
seventy eight & one half cents for distribution  In compliance wherewith the
said Robert Clark offered to enter into recognizances with William Irvine
and Andrew Boden as his security which security was considered sufficient
and the following recognizances [page 293] were thereupon taken in open
court

John McQuade
    vs
Robert Clark Esq}
William Irvine & }
Andrew Boden}
Robert Clark Esquire held in seventy eight dollars and sixteen cents
William Irvine held in seventy eight dollars and sixteen cents
Andrew Boden held in seventy eight dollars and sixteen cents
Nov.r 8th 1824 I acknowledge that I have rec.d full satisfaction on the
above recognizances by virtue of a power of Attorney from John McQuade,,
Entered in the Records office in Carlisle in Book H.H. vol. 1.st page 252 -
Oct.r 6.th 1824
    attest   John Harper                   [signed:] Rob.t Clark

Alexander McQuade
    vs
     The Same
Robert Clark Esquire held in seventy eight dollars and sixteen cents
William Irvine held in seventy eight dollars and sixteen cents
Andrew Boden held in seventy eight dollars and sixteen cents
19.th May 1813 Robert Clark Esquire produced Alexander McQuaid [sic] Receipt
Dated 13.th Day April 1813 in full of these Recognizances [vei? recht?]
filed in Writ of partition.  Attest [undecipherable signature]

John Fry Guardian of Jesse McQuade
    vs
   The Same
Robert Clark Esquire held in seventy eight dollars and sixteen cents
William Irvine held in seventy eight dollars and sixteen cents
Andrew Boden held in seventy eight dollars and sixteen cents
Satisfaction Entered in full on these recognizances by John Fry Guardian per
Receipt dated 17.h Feby 1818 filed in Writ of Partition 12 Octr 1818 per C
Bovard Clk.

Same Guardian of David McQuade
    vs
   The Same
Robert Clark Esquire held in seventy eight dollars and sixteen cents
William Irvine held in seventy eight dollars and sixteen cents
Andrew Boden held in seventy eight dollars and sixteen cents
Satisfaction Entered on these recognizances in full by John Fry Guardian per
rec.t filed in Writ of Partition dated 17.h Feby 1818 filed 12 Octr 1818 per
C. Bovard clk.

[blank]  Scott and Nancy his wife in right of said Nancy
    vs
   The Same
Robert Clark Esquire held in seventy eight dollars and sixteen cents
William Irvine held in seventy eight dollars and sixteen cents
Andrew Boden held in seventy eight dollars and sixteen cents
[No ‘satisfaction1 information entered]

Jane McQuade
    vs
   The Same
Robert Clark Esquire held in seventy eight dollars and sixteen cents
William Irvine held in seventy eight dollars and sixteen cents
Andrew Boden held in seventy eight dollars and sixteen cents
[No ‘satisfaction1 information entered]

[Page 294]
Elizabeth McQuade
    vs
Robert Clark Esq.e
William Irvine ?.r [Jr?]
Andrew Boden
Robert Clark Esquire held in seventy eight dollars and sixteen cents
William Irvine held in seventy eight dollars and sixteen cents
Andrew Boden held in seventy eight dollars and sixteen cents
19.h May 1813 I acknowledge full satisfaction on this recognizance
                        Elizabeth  her x mark   McQuaid [sic]
Attest [unknown signature]
    Elisha Doyle

John Fry Guardian of Ann McQuade
    vs
   The Same
Robert Clark Esquire held in seventy eight dollars and sixteen cents
William Irvine held in seventy eight dollars and sixteen cents
Andrew Boden held in seventy eight dollars and sixteen cents
Satisfaction Entered in full of this Recognizances by John Fry Guardian as
per Rect dated 17.th Feby 1818 filed in Writ of Partition   C. Bovard Clk
filed 12 Octr 1818

    Which said several sums of money are to be levied of the goods &
chattels land and tenements respectively of the said Robert Clark Esq.e,
William Irvine & Andrew Boden on this condition that if the aforesaid Robert
Clark Esq. Shall well and truly pay or cause to be paid unto the aforesaid
John McQuade, Alexander McQuade, John Fry Guardian of Jesse McQuade & said
John Fry Guardian of David McQuade,  [blank]  Scott and Nancy his wife in
right of said Nancy, Jane McQuade, Elizabeth McQuade, & to the aforesaid
John Fry Guardian of Ann McQuade respectively the sum of thirty nine dollars
and eight cents on or before the seventeenth day of February in the year of
our Lord one thousand eight hundred fourteen with interest from the
seventeenth day of August next viz 1813 then the foregoing recognizances to
be void otherwise to be and remain in full force and virtue  Whereupon it is
considered and adjudged by the said Court that the said Robert Clark Esq.r
holds Possess and Enjoy the aforesaid Tract of land containing fifty three
Acres and one perch and allowance with the appurtenances as described in
full face and ample a manner as William McQuade the aforesaid deceased held
and possessed the same at the time of his decease Subject to the foregoing
recognizances~                            By the Court
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