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Note: N33 Grandmother of General James Birdseye McPherson. Ontario County New York Deed Liber 8 page 595 and 596 This Indenture Made the twenty ninth day of April in the year of our Lord one thousand eight hundred and two Between Elija Hurd and Phebe Hurd of the first part and Elizabeth McPherson of the second part witness that the said party of the first part for and in consideration of the sum of one hundred pounds lawful money of the State of New York to him in hand paid by the said party of the second part the receipt whereof is hereby conferred and unto acknowledged hath granted bargained sold remised released alienedt and confirmed; and by these present do grant bargain sell remise release alien and confirm undo the said party of the second part and to her heirs and assigns forever all that certain tract or parcel of land situate in the County of Ontario and State of New York said land lying in the Township number nine second range of town being fifty acres on the North East corner of the number fifty three beginning at the North East corner thence Southt eighty rods thence West one hundred rods thence North eighty rodst thence East one hundred rods to the place of beginning together with all and singular the hereditaments and appurtenances there unto belonging or in any wise appertaining and the revision and revisions remaindus an remaindus rents issues and profits thereof and all the estate right title into claim and demand whatsoever of the said party of the first part either in law or equity of in and to the above bargained premises with the said hereditament and appurtenances to have and to hold the said above granted bargained premises to the said party of the second part her heirs and assigns to the sole and only proper use benefit and behoof of the said party of the second part her heirs and assigns forever and the said party of the first part for themselves and their heirs Executors and Administrators do convenant grant bargain and agreet to and with the said party of the second part her heirs and assigns that at the time of the ensealing and delivery of these presents, I am well seized of the premises above conveyed as of a good sure perfect absolute and indefeasible estate of inheritance in the law in fee simple and that the above bargained premises in the quiet and peaceable position of the said party of the second part her heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof will forever warrant and defend in witness whereof the party of the first part hath hereonto set their hands and and seal the day and year first above written . Elijah Hurd **. Phebe Hurd ** Signed sealed and delivered in the presence of dully Saltomal Silas Reed Ontario County FS JE Moses Atwater one of the judges of the Court of Common pleas for said County do hereby certify that on the Thirtieth day of November in the year one thousand eight hundred and two came before me Elija Hurd and Phebe his wife the same person described in the within instrument and the said Elija acknowledged he executed the same as his free act and deed and the said Phebe being examined by me separate from her said husband did also acknowledge that she signed sealed and delivered the same as her free act and deed without fear or compulsion from her said husband there being there no material erasure or into linations I do allow the same Record--- Moses Atwater I certify the foregoing to be A true copy of the original recorded examined as compared November 13 1802 at 2 O'clock P.M. P.B. Porter clk. To the surrogate of the County of Ontario The petition of James McPherson of Gorham in the County of Ontario respectfully showeth - That Elizabeth McPherson late of Gorham in said County died on or about the twenty ninth day of June 1834 and that previous to her death she made and in due form of law executed & published her last Will and testament bearing date the eighteenth day of September 1827 that the said Elizabeth at the time of her death was seized of lands in the said town of Gorham some part of which by her said will she gave to your petitioner. And your petitioner further shows that the said Elizabeth left the following children surviving her who are her only children Viz. William McPherson, Joseph P. McPherson, Robert L. McPherson, Elizabeth McPherson, Samuel McPherson, Silas R McPherson and your petitioner. The said William, Robert L. and Silas R. reside in the State of Ohio and the said Joseph P. Elizabeth, Samuel and your petitioner reside in the town of Gorham in the County of Ontario- and your petitioner further shows that Martha Reed the wife of Carlow Reed of Gorham aforesaid was a daughter of the said Elizabeth McPherson deceased, and that the said Martha died about seven years since leaving five children Viz. Maria, John, Cornelia, Fitz and Orpha who are still living and are all minors under the age of twenty-one years. And your petitioner is desirous of having the said will proved before you as a will of real estate and prays that for that purpose Carlow Reed the father of the said minors or other suitable person may be appointed guardian of the said minors for the purpose of attending the proof of the said will. J. P. McPherson Ontario County J.P. James McPherson the above named petitioner being duly sworn deposes and says that the facts set forth in the forgoing petition are true and further says not. Sworn this 18th day of J.P. McPherson December 1834 before me Jared Willson Surrogate In the name of God Amen I Elisabeth Mcfarson of the Town of Gorham in the County of Ontario State of New York being weAR in body but of sound and perfect mind and judgement do make and publish this my last Will and testament in manner and following that is to say. I be- queath to my son James after all my legal debts are paid all that part of the farm that I now live on lying south of the lane running west from the road beginning at the middle of the gate at the east end of said lane and running west in the center of said lane to the west end of said lane and then to continue the same course west till it tracks the line of said lot with the buildings on said land on the conditions that he shall pay to my son William two dollars to pay to Carlow Read two dollars and two dollars to each of his children bornfully Daughter Martha Read deceased and also to pay my daughter Elisabeth fifty dollars all the abovelegacies to be paid within six months after my decease and further that he shall allow Elisabeth to have a home and occupy the bedroom in the Southwest corner of the house. I now live in or the Northwest Bedroom left to Mrs. Choys long as she shall remain single or so long as he shall continue to own said house I also will and bequeath to my sons Robert, Samuel and Silas all that part of the farm I now live on north of said lane to be Equally divided between them by their paying to my son Joseph fifty dollars, that to pay equal proportion to be paid six months after my decease I further will and be- queath to my daughter Elisabeth two good bed and bedding my linen and silver spoons one set of tea ware I also do here by appoint my brother William McFarson my sole executor of this my last will and testament in witness whereof I have set my hand and seal this eleventh day of September In the year of our Lord eighteen hundred and twenty seven. Signed- sealed and published and delivered by the above named Elisabeth McFarson to be her last will and testament in the presents of us who hereunto inscribed our names as witnesses in the presence of the testator. Mason Hatfields Elisabeth McPherson SEAL Southmagd Guensey Jonathan Guensey To the heirs of Elizabeth McPherson late of the town Of Gorham, in the county of Ontario, and state of \ New York, deceased: You will take notice, that I shall apply to the surrogate of the county of Ontario, at his office in the village of Can- andaigua in said county, on Monday the sixteenth day of, February next, at ten o'clock in the forenoon of that day,to take the proof of the execution of the last will and tes- tament of the said Elizabeth McPherson, deceased, pursu- ant to the statute in such case provided. Dated December 19, 1834 yours,& c James McPherson One of the devisees. To Joseph P. McPherson Samuel McPherson Elizabeth McPherson Mariah Reed John Reed Children of Fitz Reed Carlo Reed Cornelia Reed Offa Reed We severely admit due service on us of a notice of which the above is a copy, this 7th day of January 1835. Joseph P. McPherson Samuel McPherson Elizabeth McPherson Carlo Reed Guardian For the above named children Ontario County Ss James McPherson being duly sworn deposes and says that the signatures of Joseph P. McPherson Samuel McPherson, Elizabeth McPherson and Carlo Reed signed to the above admission of service are in the proven hand writing of the said several persons and further says not Sworn this 30th day of J L McPherson March 1835 before me. Jared Willson Surrogate.
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