Deed, DE, Sussex, BETTY MILLER & RICHARD Hays 1791

Deed of sale RICHARD HAYS from BETTY MILLER

TO ALL TO WHOM THESE PRESENTS SHALL COME, BETTY MILLER, of the county of Sussex in
the Delaware State, spinster, send this greeting.

WHEREAS JOHN MILLER late of Sussex County aforesaid was, in his lifetime seized and
possessed of and in a certain tract or parcel of land situated, lying, and being in
??? neck and Cedar Creek hundred and County aforesaid called and known by the name
of TWILLEY’s and being so there of seized and possessed afterward died leaving
issue several children to whom the said tract or parcel of land descended according
to law.

AND WHEREAS ROBERT MILLER, eldest son of the said preferred a petition to the
orphans Court for the county aforesaid sitting fourth as is above set forth, and
prayed the said Court to appoint five freeholders and view the said land and
premises, and make partition thereof among the heirs and legal representatives of
the said deceased if it would admit thereof by law.

WHEREUPON the premises were considered by the said court, and the five freeholders
were appointed, for the purpose aforesaid, who upon their oath did report the said
land and premises would not admit of partition and division amongst the heirs and
legal representatives of the said injuring and spoiling the whole.

AND WHEREAS the said ROBERT MILLER on the 3rd day of April 1780 through a petition
to the said Court praying that three freeholders might be appointed set an
intrinsic value on the lands aforesaid pursuant to an act of the assembly in such
case made and provided.

WHEREUPON the premises were considered by the court and three freeholders were
appointed for the purposes after maturely considering the land and premises
aforesaid did on the 28th day of July in the year aforesaid return that the said
premises all and singular the appurtenances were worth thirty shillings per acre
and no more, being the quantity of 154 acres amounting to the sum of £231.07.06.

WHEREUPON the land and premises aforesaid and appurtenances were by the
consideration of the said Court adjudged to the said ROBERT MILLER, his heirs and
assigns, to whom the right of ??? he complied with the directions of the act of the
assembly in such case made and provided who being present in court accepted the
same condition accordingly as by the records and proceedings of the orphans Court
aforesaid May more fully and at large appear.

AND WHEREAS the said by indenture bearing the date the 9th day of March 1785 did
grant, bargain, sell, enfeoff, and confirm unto thee above ROBERT MILLER parties
are to a certain piece or parcel of Land, part of the aforesaid tract of land
called TWILLEY’s contained within the metes and bounds following to wit:

    Being a Red Oak bounder of the whole track standing near RACHAEL TURNER's
    fence and thence with the line of the said tract S 60 degrees E 45 and in
    said line; thence through the old field S 30 degrees W 112 perches to a
    post standing in the line which divide the said tract from lands in
    possession of BRANSTON [BRANSON] LOFTLAND; thence with said old line is
    there with line N 62 degrees W 45½ perches to a Sassafras post; thence N
    30 degrees E 112 perches to the first mentioned bounder or place of
    beginning.



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                Deed, DE, Sussex, BETTY MILLER & RICHARD Hays 1791

Containing and laid off for 32 acres of land with all and singular the premises
hereditaments appurtenances on to the same belonging or in any wise appertaining.

TO HOLD to her the said BETTY MILLER her heirs and assigns forever as by the said
indenture being thereto had play more fully appear at large appear.

AND WHEREAS the aforesaid BETTY MILLER by a certain bond of writing obligatory
bearing date 4th day of February 1789 became found on to a certain [LYTTLETON]
LITTLETON TOWNSEND of the same county in ??? 5 lb of lawful money of the Delaware
state to be paid to the said LITTLETON TOWNSEND his heirs, executors,
administrators or assigns with the condition therein written that if the said BETTY
MILLER her heirs, executors, administrators or any or either of them should at
reasonable, [???] heirs, executors, administrators, or assigns execute a good and
sufficient deed in the law, conveyance make over unto hime the said LITTLETON
TOWNSEND [???] or assigns the aforesaid thirty two acres of land with the
appurtenances thereunto belonging, that [???] remain in full force and virtue, as
by the [???] …

AND WHEREAS [???] conveyance was mad and executed [???] LITTLETON TOWNSEND his
heirs and assigns [???] his last will and testament in writing bearing date the
fifteenth day of February one thousand seven hundred and ninety one [???] bequeath
unto his four children the whole of his estate real and personal to be equally
divided among them and appointed RICHARD HAYS Esquire, party hereto, to be the
executor of his last will and testament as by the said last will and testament
remaining in the register's office for the county of four said maybe more fully and
at large appear.

NOW KNOW YOU that the said BETTY MILLER for and in consideration of the sum of £23
of lawful money of the Delaware state to her in hand paid by the aforesaid RICHARD
HAYS the receipt whereof he does hereby acknowledge and thereof doth acquit,
release and forever discharge him the said LITTLETON TOWNSEND his heirs, executors,
administrators, and assigns forever by these presents has granted, bargain, sold,
confirmed and by these presents doth grant, bargain, sell and confirm unto him the
said RICHARD HAYS his heirs, executor, and administrators all that the
aforementioned and describe 32 acres of land with all and singular the premises,
hereditaments and appurtenances hereby granted or in any wise appertaining and all
the estate, right, title, interest, and property which the JOHN MILLER at the time
of his death or the said ROBERT MILLER at any time heretofore had all of in and
unto the same or any part or parcel thereof.

To have and to hold the aforesaid land and premises with the appurtenances hereby
granted or mentioned or intended to be to him the said RICHARD HAYS his heirs,
executors, and administrators.

In trust for the only proper use benefit and behoof of ELIZABETH TOWNSEND, WILLIAM
TOWNSEND, LITTLETON TOWNSEND, and COMFORT TOWNSEND, heirs of the aforesaid
LITTLETON TOWNSEND, deceased, and for no other use, purpose or intent whatsoever.




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                Deed, DE, Sussex, BETTY MILLER & RICHARD Hays 1791

In witness whereof the said BETTY MILLER doth hereunto her hand and seal the 25th
day of October 1791.

BETTY MILLER {seal}

Sealed and delivered in the presence of

WILSON W. HARRISON



The above named BETTY MILLER do hereby authorize and empower PHILLIPS KOLLOCK,
WILLIAM HARRISON my true and lawful attorneys and attorney for them or either of
them to appear for me and my name and place and stead to appear at the next or some
subsequent Court of Common Pleas to be hereafter for the county of four said to
acknowledge the within mentioned lands and tenements to be the right and property
of the within named heirs of the within named LITTLETON TOWNSEND.

In witness whereof I have hereunto set my hand and seal the day and date of the
foregoing indenture

BETTY MILLER {seal}

Sealed and delivered in the presence of

WILSON W. HARRISON




Sussex County

Be it remembered that WILLIAM HARRISON came into the adjourned Court of Common
Pleas at Georgetown on the 23rd day of November 1791 and proved the execution of
the within deed in due form of law at which time and place came PHILLIPS KOLLOCK,
Esquire and by virtue power and authority given him did acknowledge the within deed
to the grantee there in mentioned with the lands in promises there in specified to
be his land and property according to the purpose and effect thereof.

In testimony whereof I have caused the public seal of my office to be hereunto
affixed.

NATHANIEL MITCHELL, prothonotary




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                  Deed, DE, Sussex, BETTY MILLER & RICHARD Hays 1791




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Transcribed from original documents by Brent R. Brian & Martha M. Brian.

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Brent R. Brian
Martha M. Brian
BrianMitchellGenealogy@gmail.com




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