Deed, NY, Dutchess, Owners to Peter Soper, 1828




THIS INDENTURE made the twenty eighth day of May in the year of our Lord 1828.

BETWEEN HENRY CONKLIN, JOHN ADRIANCE and ABRAHAM G. STORM, all of the town of
Poughkeepsie in the county of Dutchess, commissioners appointed in and by a rule of
the Supreme Court of Judicature of the state of New York made in February term in
the year of our Lord 1828 to partition the premises hereafter described among the
owners thereof of the first part and PETER SOPER of the town of Hyde Park in the
county of Dutchess of the second part PETER EVERETT [PETER EUELL] and ABRAHAM
LANSING, and ESTHER [LANSING] his wife, of Poughkeepsie in the county of Dutchess
did, in the October term in the year 1827, exhibit to the Supreme Court of
Judicature of the people of the state of New York, a petition setting forth:

    THAT he, the said PETER EVERETT, was seized in fee simple as a tenant in
    common of one undivided ninth part and,

    THAT the said ABRAHAM LANSING, and ESTHER his wife, in right of the said
    ESTHER were seized in fee simple as tenants in common of one undivided
    ninth part of the whole into nine parts to be divided of all and singular
    the lands and premises in the said petition contained and described and
    of which the lands and premises hereinafter contained are part and
    parcel. The said petition also further setting forth,

    THAT JOSEPH STURGES, and POLLY [MARY STURGES] his wife, in right of the
    said POLLY, were seized in fee simple as tenants in common of one
    undivided ninth part of the said premises.

    THAT MOSES SOPER was seized in fee simple as tenants in common of one
    undivided ninth part of the premises.

    THAT ABRAHAM SOPER was seized in fee simple as tenants in common of one
    undivided ninth part of the said premises.

    THAT PETER SOPER was seized in fee simple as tenants in common of one
    undivided ninth part of the said premises.

    THAT DAVID SOPER was seized in fee simple as tenants in common of one
    undivided ninth part of the said premises.

    THAT STEPHEN CLEVELAND was seized in fee simple as tenants in common of
    one undivided ninth part and also one fourth of one ninth part of the
    said premises.

    THAT JAMES PALMETIER was seized in fee simple as tenants in common of one
    fourth part of one ninth part of the said premises.

    THAT JOHN WILSON, and CATHERINE [WILSON] his wife, in right of the said
    CATHERINE, was seized in fee simple as tenants in common of one fourth
    part of one ninth part of the said premises.




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                  Deed, NY, Dutchess, Owners to Peter Soper, 1828

    That ABRAHAM VAN WYCK, and SALLY ANN [VAN WYCK] his wife, in right of the
    said SALLY ANN, was seized in fee simple as tenants in common of the
    remaining one fourth part of one ninth part of the said premises.

As by the said petition filed in the office of the clerk of the said Supreme Court
at the city of Albany, reference thereunto being had will more fully appear.

AND whereas afterwards such proceedings were therefore had and said Supreme Court
that the said Court did in the term of February in the year 1828 ascertain,
determine, and adjudge:

    THAT the said PETER EVERETT was seized in fee simple as tenants in common
    of and in ninth part of the lands and premises in the said petition
    contained and described,

    THAT the said ABRAHAM LANSING and ESTHER his wife and right of the said
    ESTHER was seized in fee simple as tenants in common of and in ninth part
    of the said premises.

    THAT the said JOSEPH STURGES and POLLY his wife in right at the said
    Polly was seized in fee simple as tenants in common of an in one Nights
    part of the said premises

    THAT the said MOSES SOPER was seized in fee simple as tenants in common
    of one ninth part of the said premises.

    THAT the said ABRAHAM SOPER was seized in fee simple as tenants in common
    of one ninth part of the said premises.

    THAT the said PETER SOPER was seized in fee simple as tenants in common
    of one ninth part of said premises.

    THAT the said DAVID SOPER was seized in fee simple as tenants in common
    of one ninth part of said premises.

    THAT the said STEPHEN CLEVELAND was seized and fees simple as tenants in
    common of and in ninth part and also that of 2/3 of the remaining 9th
    part of the said premises.

    And that the said JOHN WILSON and CATHERINE his wife by right of said
    CATHERINE were seized in fee simple as tenants in common of and in the
    remaining one third of the ninth part of the said premises, subject to
    the dower of JANE SOPER, Widow of CORNELIUS SOPER deceased, and

    THAT the said James commentary and ABRAHAM VAN WYCK and SALLY and his
    wife had no interest in the said premises.

And did thereupon, in due form of law, appoint the set HENRY CONKLIN, JAMES
ADRIANCE, and ABRAHAM G. STORM, the said parties to these presents of the first
part, commissioners to make partition of the said premises among the said owners
their of according to their respective rights therein as ascertained, determined,
and a judged by the said court has by the record of the said Supreme Court in the
office of the clerk there of in the city of Albany, reference to her into being had
will manifestly appear.


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                  Deed, NY, Dutchess, Owners to Peter Soper, 1828

AND where has such further proceedings were afterwards had in the said Supreme
Court, within the said term of February in the year of 1828, upon and by reason of
the said petition and the said proceedings and the appointment of the said
commissioners for the purpose the said commissioners, party to these presents of
the first part, were, by rule of the said Court, duly authorized and required to
sell the said premises in question with the appurtenances at public auction to the
highest bidder orbiting after giving at least six weeks notice of the term in place
of such sale by publishing the same for the space of six weeks once in every week
in the newspapers printed at Poughkeepsie in the county of Dutchess called
“POUGHKEEPSIE JOURNAL” and “THE REPUBLICAN TELEGRAPH AND OBSERVER” and after said
sale to make report their of to the said Court as to the records of the said court
at the city of Albany, reference their into being had will also manifestly appear.

AND whereas the said commissioners, party to these presents of the first part, did
in pursuance of such authority and direction after having given at least six public
weeks notice of the time and place of such sale by plug publishing the same for the
space of six weeks once every week in the newspapers printed in Poughkeepsie in the
county of Dutchess called the “POUGHKEEPSIE JOURNAL” and “THE REPUBLICAN TELEGRAPH
AND OBSERVER” on the 23rd day of April in the year 1828 so sell at that farm of
land and premises hereafter described to PETER SOPER, the said party to these
presents of the second part, for the sum of $681.92, that being the highest sum bid
therefore and he the bidder thereof.

AND whereas such sale was afterwards, in the term of May in the year 1828, in due
form of law reported to and approved of the said court and it was thereupon
considered and adjudged, by the said Court, that the said sale should be valued and
effectual in the law and that the said commissioners, party to the parties to these
presents of the first part, whereby a further rule of the Supreme Court of
Judicature duly authorized and required to execute a good and sufficient conveyance
in the law for the premises so sold to for the said purchaser thereof as by the
said records of the said Supreme Court remaining in the office of the clerk there
up in the city of New York, reference their into being had, will also manifestly
appear.

NOW therefore this indenture witnesses that the said parties to these presents of
the first part in pursuance to the direction enough for it to them given as
aforesaid and for and in consideration of the said sum of $681.92, to them in hand
paid by the said party of the second part at and before the ceiling and delivery of
these presents, the receipt where of is hereby acknowledged, and the said party of
the second part therefrom acquitted, discharge, granted, bargained, sold aliened,
conveyed, and confirmed and by these presents do grant, bargain, sell, alien,
convey, and confirm unto the said party of the second part, his heirs and assigns
forever, all that farm of land, situated in the town of Hyde Park, in the county of
Dutchess.

    Beginning at a corner of the wall on the west side of the road leading
    from Captain PETER A. SCHRYVER To Poughkeepsie adjoining lands of GEORGE
    B. EVERTSON; and runs thence along said EVERTSON‘s line as the magnetic
    needle now points North 82 degrees west 16 chains and 7 links to a corner
    of the wall West as the full kill; thence along the lands of said
    EVERTSON and JOHN VAN WAGNER South 2 degrees 45 minutes east 12 chains
    and four links to the wall in the line of lands of the late ROBERT
    TAYLOR, deceased; thence along said TAYLOR's line South 83 degrees East
    8th chains and 57 links to the wall on the east side of the said road;
    thence South 36 degrees and 30 minutes West 3 chains and 34 links to the

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                    Deed, NY, Dutchess, Owners to Peter Soper, 1828

    corner of the wall east of said road; thence along RICHARD LAWRENCE's
    line South 83 degrees east 12 chains and 63 links to the corner of the
    wall; thence North 31 degrees 30 minutes east 5 chains and 15 links 2 an
    Elm tree marked; thence North 63 degrees 45 minutes West 11 chains and 28
    links to the wall on the west side of the road above mentioned; thence
    along said wall North 50 degrees 15 minutes east 3 chains and 37 links to
    an angle thereof; thence North 18 degrees 30 minutes east 3 chains and 69
    links to the place of beginning.

Containing 20 acres to rods and 27 purchase of land

TOGETHER WITH ALL AND SINGULAR the hereditaments and appurtenances to the same
belonging or in any wise that pertaining and the reversion and reversions,
remainder and remainders, rents, issues, and profits thereof.

AND also all the estate, right, title, interest, property, possession, claim, and
demand of the said parties of the first part and also the said PETER EVERETT,
ABRAHAM LANSING, and ESTHER his wife, JOSEPH STURGES, and POLLY his wife, MOSES
SOPER, ABRAHAM SOPER, PETER SOPER, DAVID SOPER, STEPHEN CLEVELAND, and JOHN WILSON,
and CATHERINE his wife, or of any or either of them, of, in, and to the same and
every part and parcel thereof with the appurtenances as far forth as the said
parties of the first part as commissioners as aforesaid have power and authority to
grant and convey the same.

TO HAVE AND TO HOLD the said hereby granted premises and every part and parcel
thereof with the appurtenances unto the said party of the second part, his heirs
and assigns, to the sole and only purpose scratch proper use and benefit and
behoove of the party of the second part, his heirs and assigns forever in as full
and ample a manner as the said parties of the first part to these presents ought to
lawfully grant and convey the same by these presents.

In witness whereof the said parties of the first part to these presents have
hereunto set their hands and seals the day and your first above written.

HENRY CONKLIN       {seal}
JOHN ADRIANCE       {seal}
ABRAHAM G. STORM    {seal}

Sealed and delivered in the presence of

The words premises so sold to the in the third line of the third page interlined

J. VAN BENTHUYSEN




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                    Deed, NY, Dutchess, Owners to Peter Soper, 1828

State of New York
Dutchess County

Be it remember that on the 29th day of May 1828 came before me, SILAS HAIGHT,
commissioner to take the proof or acknowledgment of Deeds J. VAN BENTHUYSEN,
Esquire the subscribing witness to the with indeed to me known who being duly sworn
says that he saw the within named JOHN ADRIANCE, HENRY CONKLIN, and ABRAHAM G.
STORM severally sign and deliver the with indeed are the uses and purposes there in
mentioned. And that he knew that the said JOHN ADRIANCE, HENRY CONKLIN, and ABRAHAM
G. STORM to be the persons described in the with indeed which is to me satisfactory
evidence of the said fact and the said JACOB VAN BENTHUYSEN be further on his oath
aforesaid says that he at the time of the execution of the with indeed signed his
name there to as a witness and I find no material erasures or inter-lineation there
in other than those noted.

SILAS E. HAIGHT, commissioner

Recorded the preceding deed this fourth day of June 1828 on 11 A.M.

Recording fee and certificate $2.40 ½ cents received.

CLAPP RAYMOND, Clerk




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                    Deed, NY, Dutchess, Owners to Peter Soper, 1828




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

This document and others can be found on our website:

BMGEN

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




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