Fayette County Deed Book 10, page 163 This indenture made this eleventh day of April A. D. One thousand Eight hundred and fifty five, by and between William Beatty of the Township of Nicholson in the County of Fayette and State of Pennsylvania of the one part, and Enoch H. Wood of Springhill Township, County and State aforesaid of the other part. Witnesseth whereas Thomas Beatty Esqr. was in his lifetime lawfully seized in his demesne (?) as of fee ?? and to a certain Plantation and tract of land situate in Springhill now Nicholson Township, County and State aforesaid, adjoining lands of Warwick Ross, Allen Dunham, Michael Crow and others containing two hundred and forty seven acres, three Roods and thirty three perches and being so thereof seized, died intestate and whereas at an Orphans Court held at Uniontown in and for the County of Fayette aforesaid the 28th day of December A. D. 1840 upon the petition of George Beatty one of the children and heirs of Thomas Beatty aforesaid deceased praying the Court to award an inquest, to make partition of the said Real Estate of the said Intestate in the said petition mentioned, to and among his children and representatives in such manner and in such proportions, as by the laws of this Commonwealth is directed and appointed, if such partition could be made, without prejudice to or spoiling the whole, otherwise to value and appraise the same. The said Inquest was awarded by the Court according to the prayer of the said petitioner, whereupon a writ of partition or valuation issued out of the said Court, bearing Test the 5 day of January A. D. 1841 to the Sheriff of the said County directed, commanding him to summon an Inquest to make partition of the said Real Estate to and among the children, and legal representatives, of the said intestate according to law, if such partition could thereof be made, without prejudice to or spoiling the whole, but if such partition could not be made thereof as aforesaid then to release and appraise the same and that the partition and valuation so made, he should, distinctly and openly have before the Judges of the said Court of Uniontown, on the 29th day of March A. D. 1841 at which day before the Judges, aforesaid, the Sheriff of the said County made return of the said writ, with a schedule thereunto annexed by which schedule or inquisition under the hand and seal as well of the said Sheriff, as of the Inquest therein named it appears by the oaths and affirmations of the said Inquest that the Real Estate in the said Writ mentioned could not be parted and divided to among all the parties therein named without prejudice to or spoiling the whole and that that part of the said real estate in the schedule unto the said writ attached marked N 1 containing one hundred and nineteen acres, one Rood and fifteen perches would accommodate one of the heirs of the said intestate and they valued and appraised the same at the sum of three thousand six hundred and ninety nine dollars and sixty six cents and that part of the Real Estate aforesaid marked in the schedule and draft aforesaid as "No. 2" bounded and running as follows viz Beginning at a post in the line of Warwick Ross, and running thence south sixty three and one fourth degrees, East fifteen and eight tenth perches, thence South thirteen degrees, East twenty nine and six tenths perches, thence South Eight and One fourth deg, West twenty six, and eight tenth perches, thence South forty four and three fourth deg. West twenty and seven tenth perches, thence North seventy one and a half deg. West thirty eight perches, thence up George Creek, South fifty four deg. West Eighteen perches to a post in the edge of the water, thence, south thirteen and three fourths deg. West thirty and six tenths perches to a post, thence south twenty one and one fourth deg. West ten and five tenth perches, thence South fifty deg. East twenty eight perches a W & thence South eighteen deg. East thirteen and five tenth perches to a White walnut, thence South twenty six degrees, East thirty and five tenth perches, near Sycamore, thence North seventy five and a half deg. East nine perches to a W. O. thence North fifty degrees, East ten perches to a gum thence North forty seven deg. East sixteen perches to three white walnut trees, thence North seventy five deg. East eighteen perches, thence North forty one and a half deg. East twenty six perches thence South sixty nine and a half deg. East five and three tenth perches to a hickory, thence North seventy seven deg. East eleven and three tenth perches to a W. O. thence North seventy five deg. East five and nine tenth perches to a sycamore, thence North thirty one and three fourth deg. East Eighteen and three tenth perches, thence North seventy two and a half deg West fifteen and five tenth perches thence North twenty two and one fourth deg. East twelve and three tenth perches by lands of Allen Dunham thence North ten and one fourth deg. West ten perches, thence North seventy deg. East six and three tenth perches, thence by the division line with "N1" North forty eight degrees, West fifty perches, thence North seventy one deg., West thirty six and five tenth perches, thence North seventy seven and one fourth deg. West forty two and six tenth perches, thence South nineteen and three fourth deg. West thirty nine and three tenth perches to the place of Beginning, containing one hundred and thirty six acres one rood and four perches would accommodate one other of the heirs of said Intestate and they valued and appraised the same at the sum of two thousand nine hundred and fifty eight dollars and nine cents, which return and valuation, on motion to the court confirmed by the said Court, and a rule granted on all the heirs of the said Intestate Thomas Beatty deceased to come into Court and choose or refuse the said Real estate at the valuation and appraisement aforesaid or show cause why the same should not be sold, at an Orphans Court to be held at Uniontown in the County of Fayette aforesaid on the first Monday of June then next ensuing, at which time and place the several heirs and legal representatives of the said intestate being called personally appeared William Beaty one of the heirs of the said intestate and assignee of Thomas Beatty, also one of the heirs of said deceased intestate and elect to take that part of the Real estate aforesaid, marked in the schedule and return aforesaid as "No 2" at the valuation and appraisement thereof and entered into recognizance with sufficient sureties approved by the Court, conditioned to pay to the several heirs of the said intestate, their respective shares and purports, the one third of the valuation aforesaid to remain in land during the lifetime of the widow of said intestate the interest thereof to be paid annually to her whereupon the court ordered and adjudged the said purport of the Real estate aforesaid marked "N 2" to the said William Beatty his heirs and assigns to be and remain firm and stable forever, and that the said William Beatty hold and enjoy the said real estate as fully and freely as the said Thomas Beatty in his lifetime held and enjoyed the same agreeably to the act of General Assembly in such case made and provided all of which will fully and at large appear, upon the records of the Orphans Court of Fayette County aforesaid, "No 19" of September Court A. D. 1840 reference thereunto being had. Now this indenture Witnesseth, that the said William Beatty together with Charlotte his wife for and in consideration of the sum of thirty seven hundred and twenty dollars & fifty nine cents, lawful money to them in hand paid by the said Enoch H. Wood, at and before the ensealing and delivery hereof the receipt and payment whereof they do hereby acknowledge have granted, bargained, sold released and confirmed and by these presents Do grant, bargain, sell release and confirm, unto the said Enoch H. Wood, his heirs and assigns, all that certain messnage and tract of land herein before described as "No 2" and was decreed as aforesaid to the said William Beatty together with all and singular the rights, liberties, privileges and appurtenances, whatsoever thereunto belonging or in any-wise appertaining excepting only that the said Enoch H. Wood, his heirs and assigns shall pay unto the widow of the said Intestate, annually the interest of the one third, of the valuation of the aforesaid premises during her natural life and at her decease he shall pay to the said several heirs of the said Thomas Beatty deceased or their legal representatives, the said one third of the valuation aforesaid to wit nine hundred and eighty six dollars and three cents. And the reversions and remainders unto issues and profits thereof; and also all the Estate whatsoever of them the said William Beatty and Charlotte his wife also all their interest in law or equity or otherwise of in to or out of the same excepting only as aforesaid. To have and to hold the premises hereby granted or intended so to be with the appurtenances unto the said Enoch H. Wood his heirs and assigns to the only proper use, benefit and behoof of him the said Enoch H. Wood his heirs and assigns forever, subject nevertheless to the payment of the said widows interest annually and at her decease to the payment of the principal to wit nine hundred and eighty six dollars and three cents to the said several heirs aforesaid and the said William Beatty and Charlotte his wife and his and her heirs Executors and Administrators do hereby covenant, promise and agree to and with the said Enoch H. Wood his heirs and assigns that they the said William and Charlotte and their heirs, the above and foregoing mentioned and described premises, with the appurtenances unto the said Enoch H. Wood his heirs and assigns, against them the said William Beatty and Charlotte his wife and their heirs, and against all and every other person or persons, whomsoever lawfully claiming to same or any part or parcel thereof: Shall and Will Warrant and forever defend by these presents. In witness whereof the said William Beatty and Charlotte his wife have hereunto set their hands and seals the day and year first before written. William Beatty [seal] Charlotte Beatty [seal] Signed Sealed and delivered in the presence of William Wood State of Pennsylvania, County of Fayette Before me the subscriber one of the Justices of the Peace within and for the said County, Personally came the before named William Beatty and Charlotte his wife who in due form of law acknowledged the within and foregoing Indenture to be their act and deed and desired that the same might be recorded as such the said Charlotte being of full age and by me examined separate and apart from her said husband and the content and legal effects of the foregoing Indenture, being first fully explained and made known to her she declared that she did voluntarily and of her own free will and accord seal and as her act and Deed deliver the same without any coercion or compulsion by her said husband. In testimony whereof I have hereunto set my hand and seal this eleventh day of April A. D. One thousand Eight hundred and fifty five. George Beatty, J. P. Recorded and Compared September 3, 1856 Laurel Baty, L252