Deed of Assignment
Joseph Roberts and wife
to
William Roberts et al.

This indenture made the 15th day of April in the year of our Lord one thousand eight hundred and forty two. Between Joseph Roberts of the township of Schuylkill in the county of Chester and State of Pennsylvania Yeoman and Mary his wife of the one part and William Roberts, Lewis W. Roberts both of the township of Schuylkill aforesaid and John Williams of the township of Charlestown county and state aforesaid of the other part. Whereas the said Joseph Roberts owing to sundry losses and misfortunes is at present unable to discharge his just debts and is willing to assign all his property for the benefit of his creditors, saving and excepting only such parts thereof as is exempt from execution by law.

Now this indenture witnesseth that the said Joseph Roberts and Mary his wife as well in consideration of the premises and for the purpose of making a just distribution of his estate and effects among his creditors as also of the sum of one dollar to them in hand paid by the said William Roberts, Lewis W. Roberts, and John Williams the receipt whereof is hereby acknowledged have granted bargained sold assigned transferred and set over and by these presents doth grant bargain sell assign transfer and set over unto the said William Robert, Lewis W. Roberts, and John Williams, their heirs and assigns all the messuages and three tracts of land two of them situated in the township of Schuylkill and Charlestown in the county aforesaid one of the bounded by lands of Benjamin Funk, John Roberts, John Place and others containing about one hundred and sixty five acres, and the other situated in the township of Schuylkill aforesaid bounded by lands of John Roberts, Matthias Pennypakcer, John Place and the before described plantation containing about nineteen acres and the other being woodland situate in the township of Tredyffrin in the aforesaid county bounded by lands of late Thomas Bodley esq. John Phillips and others contsining six acres and nine perches with their appurtenances. And also all his goods chattels and effects and property of any kind real personal and mixed, book debt and all securities for money of their the said Joseph Roberts and Mary his wife saving and excepting and reserving only such goods and chattels as are exempt by virtue of an act of assembly of this commonwealth entitled an act for the relief of the poor from levy* or sale or any execution or legal process.To have and to hold,receive and take the same to the said William Roberts, Lewis W. Roberts, and John Williams their heirs and assignees to the only proper use and behoof of the said William Roberts, Lewis W. Roberts, and John Williams , their heirs and assignes forever. In trust however and to the intent and purpose that they, the said William Roberts, Lewis W. Roberts, and John Williams, shall and do as soon as convenient sell and dispose of all the lands tenements goods and chattels of them the said Joseph Roberts and Mary his wife and collect and recover all the outstanding claims and debts to them due and with the money arising therefrom after ducting their reasonable costs and charges shall and will pay and discharge all the just debts of them, the said Joseph Roberts and Mary his wife equally and ratably without distinction or preference. And the surplus, if any remains, after fulfilling all the trusts aforesaid to pay over and return to the said Joseph Roberts, his heirs, executors, administrators or assigns in a reasonable time hereafter.

In testimony whereof the said Joseph Roberts and Mary, his wife, hath hereunto set their hands and seals the day and year above written.

Sealed and delivered in the presence of Major McVeagh, Peter Suplee.

Be it remembered that on the fifteenth day of april AD 1842 before me, Peter Suplee esqr., one of the justices of the peace in and for the said county, came the within named Joseph Roberts and Mary, his wife, and acknowledged the deed of assignment to be their act and deed and desired that the same might be recorded as such according to law the said Mary being of full age and by me duly examined seperate and apart from her said husband and the contents thereof being first made known to her declared that she did voluntarily and of here own free will and accord seal and as her act and deed deliver the said indenture without any coercion or compulsion of her said husband. In testimony whereof I have hereunto set my hand and seal the day and year above written.

Recorded April 16th AD 1842.

I Wm MCullough, Recorder of Deeds etc. in and for said County do hereby certify that the forogoing is a correct copy of a Deed of Assignment as the same recorded in Miscellaneous Deed Book No. 5 page 9.

Witness my hand and seal of said office at West Chester, Wm MCullough, Recorder.

References

Source: Chester County Archives