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 USGENWEB ARCHIVES NOTICE: Printing this file by non-commercial individuals and libraries is encouraged, as long as all notices and submitter information is included. Any other use, including copying files to other sites requires permission from the submitters PRIOR to uploading to any other sites. We encourage links to the state and county table of contents. -------------------------------------------------------------------- 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 , 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.rootsweb.com/~usgenweb/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 Exit Copy