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Horsham Preservation & Historical Association

...the Future of Horsham's Past

1865 Penrose Indenture

1865 Penrose Indenture

Another from our collection, an 1865 Indenture for >a566>Abel Penrose to purchase part of Graeme Park from his brothers and sisters.

photo of 1865 Penrose Indenture

Hannah Jarrett Penrose became the owner of Graeme Park (which at that time included what we now call the Penrose Strawbridge Farm) when he title was transferred to her from the estate of her father William Jarrett in 1832. We believe Jarrett had title as collateral for a loan to Hannah's husband Willam Penrose but not sure why the title was transferred back only to her. She and William had owned Graeme Park since purchasing it from his parents in 1821.

Hannah died intestate in 1850 and "according to the laws of the state of Pennsylvania relating to Intestates Esates decended into and became vested in her children the said Jarrett Penrose, Ann Iredelle, Abel Penrose, Hannah P. Hicks, and Tacy S. Davis in equal parts parts as tenants in common." The estate remained in this state until the death of their father William in 1863.

On April 17, 1865, 4 of Hannah's children: Jarrett Penrose, Ann Iredelle, Hannah P. Hicks. and Tacy S. Davis, sold the 202 acres of land back to their brother Abel, for a sum of $21,867,50. This was the day after the death of President Lincoln.

This document was included as part of a generous donation by Mr. Joseph H. (Buck) Penrose Jr.

A transcription of this Indenture follows:

Transcription

This transcription was done in January, 2013 by Annemarie Winters, an 11th grade student at Hatboro-Horsham High School

The document had several marks which do not appear to be original, including a set of blue brackets, 1 blue parentheses, and other marks as indicated. We have tried to keep the spelling as to the original. Hyphens have been kept as per the original.

The original has a small section struck through as indicated below. This is most likely original since it appears to be a mistake, listing Abel Penrose and Sarah his wife as sellers where they were actually the buyers.

Several parts of the transcription: Sworn, Recorded, and Deed are shown on the opposite side of the document as the actual Indenture.

We show in red sections where we are unsure of what is shown on the original.

We show ____ to indicate sections that were blank or unreadable on the original.

Our notes are shown in {...notes...}.

Sworn

Seventeenth Day of April Anno Domini 1865 before me the subscriber one of the Justices of the peace in and for the county of Montgomery came the within named Ann Iredell, Jarrett Penrose and Tacy Ann his wife, Issac W. Hicks and Hannah P. his wife, Morris Davis and Tacy L {not sure if this initial is a 'S' or an 'L'}. his wife, and severally acknowledged the within written to be there and each of their act and deed and desired the same might be recorded as such according to Law. The said Tacy Ann , Hannah P, and Tacy L, being of full age separate and apart from their respective husbands by me there on ex-amined and the contents of said Indenture being first fully made known to these to declare that they did voluntarily and of their own free will and accord sign seal and at their and each of their act and deed deliver the same without any coercion or compulsion of their said respective husbands witness my hand and seal the day and year aforesaid.

A.L. Phillips {signature}

Recorded

Montgomery County PA:

Recorded in the office for Recording Deeds &c. at Norristown in and for said County in Deed Book No. 137 page 505 {there are other marks here which are likely not original} Witness my hand and seal of said office April 29 th, 1865

Levi YL Rosenburger {signature}

For

Henry Unger
Recorder

Deed

Ann Iredelle, Jarrett Penrose & others

To

Abel Penrose

For two messuages & two separate tracts of land in Horsham, one 181 acres the other 21 acres 90 perches

Dated April 29, 65
PA

Indenture

This Indenture, made the Seventeenth of April _____ eight hundred and sixty five Between Ann Iredell Widow of Abraham Iredell deceased, Jarrett Penrose and Tacy Ann his wife Able Penrose and Sarah his wife, all of Horsham township and the county of Montgomery in the state of Pennsylvania, Isaac W. Hicks of Newtown Bucks County state of aforesaid and Hannah P. his wife and Morris Davis of the said township of Horsham and Tacy S one part, and Abel Penrose of the other part; Whereas William Jarrett of the said township of Horsham by virtue of divers good conveyances and insurances in the law dually executed became in his lifetime lawfully seized of and in certain messuageslands and tenements and being so thereof seized died having first made his last will and testament in writing dated the ____ day of __ A.D. 1827 since his decease dually proved and filed in the registers office at Norristown in and for the said county of Montgomery in which he devised a special legacy to his daughter and subject to the maintenance of his son William and devised all the rest of his estate to his other five daughters namely Jane Thompson, Mary Intermarried with Israel Hallowell, Hannah intermarried with William Penrose, Tacy intermarried with Charles Stokes, and Allice intermarried with Caleb Lippencot and whereas the said Jane Thompson,Israel Hallowell and Mary his wife, Charles Stokes and Tacy his wife, Caleb Lippencot and Allice his wife by indenture under their hands and seals barring date the tenth day of April A.D. 1828 for the consideration therein mentioned did grant and con-firm unto Hannah Penrose wife of William Penrose (both deceased) who were Parents of the above named Ann Iredell, Jarrett Penrose, Abel Penrose, Hannah P. Hicks, Tacy S. Davis, and to her heirs then assigns forever in fee the four equal undivided fifth parts of all those two messuages and five several tracts or pieces of land situat in the said township of Horsham particularly described in said indenture recorded at Norristown in said county of Montgomery in Deed Book No. 48 page 76 &c. and containing all together two hundred and sixty four and a half acres as by the said record will appear; Being part of the estate devised by the said William Jarrett deceased as aforesaid; and Whereas the said Hannah Penrose being so lawfully seized as a fee of and in all the said two messuages and five several tracts or pieces of two hundred and sixty four acres of land died Intes-tate leaving her husband William Penrose who had sinced deceased, whereupon the same according to the laws of the state of Pennsylvania relating to Intestates Esates decended into and became vested in her children the said Jarrett Penrose, and Iredell, Abel Penrose, Hannah P. Hicks, and Tacy S. Davis in equal parts parts as tenants in common. Now, this inden-ture will Witnesseth that the said Ann Iredell, Jarrett Penrose and Tacy Ann his wife, Isaac W. Hicks and Hannah P. his wife, Morris Davis and Tacy his wife for and in consideration of the sum of twenty one thousand eight hundred and sixty seven Dollars and fifty cents lawful money to them in hand paid by the said Abel Penrose at and before the seal-ing and delivery here of the receipt whereof is hereby acknowledged Have and each of them hath granted Bargained sold released and confirmed and by these presents do grant Bargain release and confirm unto the said Abel Penrose and to his heirs and assigns All their for full equal undivided fifth parts of an in all that the following described to messuages and two separate tract pieces or parcels of land, part of the said above mentioned two hundred and sixty four and a half acres situated in the township of Horsham aforesaid, bounded and described according to a survey recently made thereo

photo of 1865 Penrose Indenture showing top left

{The following was not shown as a separate paragraph on the original but there were large blue brackets written on the original at the start and the end of this text }.

{blue bracket}Beginning at a cornerstone in the Bucks Montgomery County line being a corner of land late of Joseph Paul deceased thence on the said county line North forty seven degrees West two hundred and seventy eight perches and seventy five hundredths to a corner of Aaron Hicks land thence by said land South fifty one and three quarter degrees West sixty four perches and nine tenths to a stone for a corner thence partly by the said Aaron hicks land and partly along the Easterly side of the road called the Governor’s road South thirty four and a half degrees East two hundred and seventy eight perches and six tenths to a corner stone thence along the Easterly side ofsaid road South eighteen degrees East sixty out perches and five tenths to a corner of Samuel Dewees land thence North thirty three degrees East by the same sixty perches and one tenth to a corner in the line of land the estate late of Joseph Paul deceased thence by the same North forty six and a half degrees West thirty seven perches and eighty five hundredths to a corner North forty six degrees East ninety eight perches and two tenths to the place of beginning containing one hundred and eighty one acres.{blue bracket}

The other of the said tracts or pieces of land Beginnning at a stone Easterly side of the Governor’s road the foresaid a corner of Samuel Dewees land thence by the same North thirty three and a half degrees East seventy five perches and four tenths to a stone in the line of land late of the said Joseph Paul deceased thence by said land South forty seven degrees East forty perches to a corner stone South thirty three degre-es East ninety three perches to a stone on the Easterly side of the aforesaid road thence along said Easterly side North forty three and three quarter degrees West thirteen perches and seven tenths to a corner stone and North eighteen degrees and one quarter West thirty four perches and seventy five hundredths to the place of beginning containing twenty one acres and ninety perches) Together with all and singular other the houses, outhouses, buildings, barns, stables, ways, woods, waters, watercourses, rights, liberties, privi-lages, Hereditaments and appurtenances whatsoever there onto belonging or in any-wise appertainning and the reversions and remainders rents issued and profits thereof: And also all of the estate, right title interest property claim and demand whatsoever of them the said Ann Iredell, Jarett Penrose and Tacy Ann his wife, Isaac W. Hicks and Han-nah P. his wife, Morris Davis and Tacy S. his wife in law or equity, or otherwise howsoever of in to or out of the same. To have and to hold the aforesaid four full equal undivided fifth parts of and in the ____ aforesaid two messuages and two separate tracts or pieces of land the one containing one hundred and eighty one acres the other twenty one acres and ninety perches, that Hereditaments and premises hereby granted or mentioned or intended to be with the appurtenances unto the said Abel Penrose his heirs and agree to and with the said Abel Penrose his heirs and assigns by these presents that they the said Anne Iredell, Jarrett Penrose, Isaac W. Hicks and Hannah P. his wife, Morris Davis, Tacy L. his wife and their heirs respectively the said abovementioned and described two messuages and two separate tracts of land Hereditaments and premises hereby granted or mentioned or intended so to be with the appurtenances unto the said Abel Penrose his heirs and assigns against them the said, Ann Iredell, Jarrett Penrose, Isaac W. Hicks and Hannah P. his wife, Morris Davis and Tacy L. his wife and their heirs respectively and against all and every other person and persons whomsoever lawful-ly claiming or to claim by from or under them or any of them, Shall and will warrant and forever deferrd by these presents. In witness whereof the said parties to these presents have here unto interchangeably set their hands and seals. Dated the day and year first above written.

{The following section is in the lower left corner of the document

Sealed and delivered in the presence of us. {the following appears original but the writing is slightly smalled than that found on the rest of the document } The two names between the first and second lines were erased before signing.

photo of lower left portion of 1865 Penrose Indenture showing

AL Phillips {signature}
Samuel Monteeth{signature}





{The following section is in the lower center of the document

Received the day of the date of the above written Indenture of the above named Able Penrose, the sum of twenty one thousand and eight hundred and sixty seven dollars and fifty cents being the full considera-tion money above mentioned.

photo of lower center part of 1865 Penrose Indenture showing Receipt

Witness present

{Signatures}

{left hand side}
Samuel Monteeth

{right hand side}
Jarrett Penrose
Tacy Ann Penrose
Isaac W. Hicks {indecipherable but likely Isaac Hicks
Hannah P. Hicks
Morris Davis
Tacy Davis



{The following section is in the lower right corner of the document

photo of 1865 Penrose Indenture Signatures in lower right part of document

{Signatures}
Ann Iredell Jarrett Penrose
Tacy Ann Penrose
Isaac W. Hicks {indecipherable but likely Isaac Hicks
Hannah P. Hicks
Morris Davis
Tacy L. Davis

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1865 Penrose Indenture
1865 Indenture recording sale of land from 4 children of William and Hannah Penrose to their brother Abel Penrose. Donated to HPHA by Joseph H (Buck) Penrose Jr
photo of 1865 Penrose Indenture
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1865 Penrose Indenture Detail This Indenture
photo of 1865 Penrose Indenture showing top left
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1865 Penrose IndentSealed
lower left portion of 1865 Penrose Indenture showing "Sealed and Delivered" with signatures. Note small print indicating names had been erased
photo of lower left portion of 1865 Penrose Indenture showing
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1865 Penrose Indenture Receipt
Receipt section of Indenture, in the lower center part of the document
photo of lower center part of 1865 Penrose Indenture showing Receipt
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1865 Penrose Indenture Signatures
lower right section of document showing signatures of parties to the agreement. 1st is Ann Iredell
photo of 1865 Penrose Indenture Signatures in lower right part of document
Horsham Preservation and Historical Association
The Future of Horsham's Past
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