Livingston County Deeds, Book 14 Page 92
FHL film 510041

This Indenture Made the Eleventh day of March in the year of our Lord one thousand eight hundred and thirty five--

Between Timothy Bartles Administrator of all and singular the goods Chattels and Credits which were of Malcom Smith deceased party of the first part and Joseph H. Whitnah of the town of Groveland in the County of Livingston party of the second part.

Witnesseth whereas Samuel W. Spencer Esquire Surrogate of the County of Livingston heretofore made an order under his hand and seal of office which said order is in the words and figures following to wit.

At a Surrogates Court held at the Surrogates office in the town of Geneseo on the twenty sixth day of January in the year of our Lord one thousand eight hundred and thirty five before Saml W. Spencer Surrogate of said County. Whereas Timothy Bartles administrator of the estate of Malcom Smith deceased, lately presented his petition to the said Surrogate for authority to sell so much of the real estate of the said deceased as should be necessary to pay his debts and whereas such procedings have been had thereon pursuent to chapter 6th title 4th of part 5 of the revised statutes of this state that the said surrogate is satisfied upon due examination in the premises that the said administrator has fully complied with the provisions of the said title fourth and that the debts outstanding against the deceased as far as the same can be ascertained and which are justly due and owing amount to the sum of one hundred and sixty three dollars & fifty eight cents and that the personal estate of the same deceased is insufficient to pay his debts and that the whole of the persaonal estate which could, has been applied to the payment of the debts of the said deceased and whereas it has been made to appear to the said Surrogate that monies required to be raised by the said administrator cannot be raised by Mortgage or lease advantageously to the Estate of the said deceased the Surrogate aforesaid doth therefore hereby pursuant to the said revised Statues Order that the said administrator sell the following real estate of the said deceased to Enable him to pay his debts to wit:

Being a part of one Seventh of Ninety seven acres of land given by one John Smith to persons known as the Smith heirs of which the said Malcom now deceased was one, and the part of the one Seventh remaining now unsold, belonging to the said deceased and is bounded as follows. On the North by land owned by Joseph H. Whitnah, on the west by lands of John Thompson on the South by lands belonging to Samuel C. Culbertson & Joseph H. Whitnah & Philip Traseler, thence north ten rods by lands of John Morrow thence East by lands of said Morrow & Benjamin Parker to the center of the highway leading from Geneseo to Dansville thence north along the center of said highway to the north East Corner of the said deceased premises being the place of beginning containing nine acres of land be the same more or less, and make return thereof as the law directs.

In testimony whereof the Surrogate aforesaid hath hereunto affixed his seal of office.

Witness Saml. W. Spencer Surrogate of the said County at Geneseo in said County the twenty sixth day of January AD 1835. Saml. W. Spencer Surrogate. And whereas the premises in the said order set forth have been sold at public vendue by the said party of the first part in pursuance of the said order and return thereof made to the said Surrogate and by the said Surrogate confirmed by a further order under his hand and official seal in the words and figures following to wit:

At a Surrogates Court held at the town of Geneseo in the County of Livingston on the Eleventh day of March AD 1835 before Saml W. Spencer Surrogate of the said County Timothy Bartles Administrator of all and singular the goods &c of Malcom Smith deceased having this day mad return to me the said Surrogate of his preceedings in the sale of the real estate of the said deceased agreebly to my order authorizing the said sale bearing date the twenty sixth day of January last past--which said return is filed in my office. And I the said surrogate having examined the said procedings and it appearing to me that the said sale was legally conducted & fairly made and that a greater sum cannot be obtained than was bid on the sale--I do therefore confirm the said sale and order that the said administrator execute a deed of conveyance for the premises sold to the purchaser agreeably to the terms of the said sale.

In Testimony whereof I the said Surrogate have herunto set my hand and affixed my seal of office at Geneseo in said County aforesaid the day and year aforesaid. Saml. W. Spencer Surrogate.

Now this Indenture further witnesseth that the said party of the first part in pursuance of said orders & the revised Statues of this state in such case made and provided and also for and in consideration of the sum of two hundred and one dollars and fifty cents lawful money of the state of New York by the said party of the second part to the said party of the first part in hand paid the receipt whereof is herby confessed hath granted bargained sold, and by these presents doth grant bargain and sell unto the said party of the second part and to his heirs and assigns forever the premises in the said order firstly above set forth. together with the privileges and appurtenances thereunto belonging or in any wise appertaining and all the estate right and interest which the said Malcom had at the time of his death, of in and to the same, free and discharged from all claim whatsoever except a certain Mortgage to the party of the second part given by the said Malcom deceased, before his death, to which this deed is made subject.

To have and to hold the above granted and described premises with the appurtenances and all the estate right and interest which the said Malcom Smith deceased at the time of his death, had therein, unto the said party of the second part and his heirs and assigns forever as fully and amply as the said party of the first part might could or ought to grant the same by virtue of the orders above recited and the revised Statutes of this state in such case made and provided or otherwise.

In witness whereof the said Timothy Bartles the said party of the first part hath herunto set his hand and seal the day and year first above written.

Timothy Bartles S.S.
Administrator &c

Signed Sealed and Delivered
in Presence of
Benjm F. Angel

State of New York
Livingston County

On this 11th day of March 1835 personally came before me Timothy Bartles to me known and acknowledged that he executed the within deed for the purposes therein contained, and I certify * know the person making the said acknowledgment to the the individual described in & who executed the within instrument.

CH Bayan Sup Court Commissioner

Livingston County

I certify, that the foregoing is a true copy of the original made March 11, 1835, at 4 o.clock P.M. and examined.

E.Clark clerk

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