Miles Land Record Ontario County NY

Many thanks to Louise who has contributed the following document.

STATE OF NEW YORK,}
Ontario County,                } ss.

PARTITION OF LANDS. - To the Honorable, the Judges of the Court of Common Pleas, in and for the county of Ontario:

The Petition of Loyal Miles, of the town of Hopewell, in the county of Ontario, sheweth:

That your petitioner is seized in fee simple as tenant in common of one equal, undivided tenth part, the whole into ten equal parts to be divided of all and singular the lands, tenements and hereditaments following, to wit: Situate in the town of Hopewell, (late Gorham,) in the county of Ontario, being part of lot number twenty, in township number ten, in the second range of townships in the county of Ontario, and described as follows, that is to say - Beginning at a white oak post and stones on the north line of said lot, fifty one chains and forty one links distant from the north east corner of the same, thence along the north line of the lot to the north east corner of the same, thence along the east line of the lot forty two chains and eighty links to the south east corner thereof; thence along the south line of the lot, fifty eight chains and sixty six links to a stake, thence north one and a half degrees east fifty links to a stake; thence easterly and parallel to the south line of the lot, fifty eight chains and sixty six links to a stake; thence north one & a half degrees, east forty one chains and seventy links to the place of beginning - containing two hundred and nineteen acres, two roods and twenty eight perches, according to William Shepard's survey of the same, reserving and excepting, nevertheless, therefrom twenty acres to be taken out of the north east corner, as conveyed by Thomas Miles, deceased, in his lifetime, to the said Loyal Miles.

And your petitioner further sheweth, that Asa Miles, of the place aforesaid, is seized in fee simple, as tenant in common, of one other equal undivided tenth part of all and singular the premises above mentioned and described.

That Jenks Wheeler and Amanda Wheeler, his wife, of Harrisonville, in the county of Monroe, in the state of Illinois, in right of the said Amanda, as a daughter and heir at law of Thomas Miles, deceased, are seized in fee simple as tenants in common of one other equal undivided tenth part of all and singular the said premises.

That Stephen W. miles, of the place last aforesaid, is seized in fee simple as tenant in common of one other equal undivided tenth part of the said premises.

That Truman Miles, of the place last aforesaid, is seized in fee simple as tenant in common of one other equal undivided tenth part of the said premises.

That Pamelia Clark, widow, of the town of Hopewell, in the county of Ontario, is seized in fee simple as tenant in common of one other equal undivided tenth part of the said premises.

That Martin Root and Olive Root, his wife, of Lancaster, in the county of Erie, are seized in fee simple as tenants in common in right of the said Olive, as a daughter and heir at law of the said Thomas Miles, deceased, of one other equal tenth part of the said premises.

That Amasa Miles, of the town of Hopewell, in the county of Ontario, is seized in fee simple as tenant in common of one other equal undivided tenth part of the said premises.

That the said Amasa Miles and Fidelia Miles, his wife in right of the said Fidelia, as a grand daughter of [several words unclear] seized in fee simple as tenants in common [several more words unclear] half of one other equal undivided tenth part of the said premises.

That George Clapper and Amanda Clapper, his wife of Milwaukie, in the territory of Wisconsin, in right of the said Amanda, as a grand-daughter of the said Thomas Miles, deceased, are seized in fee simple, as tenants in common of one other equal undivided half part of one equal undivided tenth part of the said premises.

That Emma Miles and Oscar Miles, of the town of Canandaigua, in the county of Ontario, severally minors under the age of twenty one years, as grand-children of the said Thomas Miles, deceased, are respectively seized in feel simple as tenants in common of one equal undivided fourth part, each of one equal undivided tenth part of the said premises.

That Susan Miles, also a minor under the age of twenty one years, whose residence is unknown, but who is supposed to reside at Chicago, in the state of Illinois, as a grand-child of the said Thomas Miles, deceased, is seized in fee simple as tenant in common of one equal undivided fourth part of one equal undivided tenth part of the said premises.

And that Adolphus Miles, of the town of Hopewell, in the county of Ontario, also a minor under the age of twenty one years, as a grand-child of the said Thomas Miles, deceased, is seized in fee simple as tenant in common of the remaining equal undivided fourth part of the remaining equal undivided tenth part of the said premises.

And your petitioner further sheweth that he is desirous to have partition of the aforesaid lands, tenements, & hereditaments, with the appurtenances, among the several parties aforesaid according tot heir respective rights therein: wherefore your petitioner prays, that all and singular the aforesaid lands and tenements, with the hereditaments and appurtenances thereunto belonging or appertaining, may be divided by commissioners, to be appointed by this court, in pursuance of the statue in such case made and provided; or that the said premises may be sold, if partition thereof cannot be made without great prejudice to the said owners. -Dated, 14th November, 1842:                   LOYAL MILES.
O. Benjamin, Attorney.

ONATARIO COUNTY, ss: Loyal Miles, being duly sworn, deposeth that the foregoing petition, signed by him, is true in substance and matters of fact.
LOYAL MILES.
Subscribed and sworn this tenth day of November, 1842, before me SOLOMON C. WHITE, Justice of the Peace.

To Asa Miles, Jenks Wheeler and Amanda his wife, Stephen W. Miles, Truman Miles, Parmelia Clark, Martin Root and Olive his wife, Amasa Miles and Fidelia his wife, George Clapper and Amanda his wife, and to Joseph B. Gates, special guardian of Emma Miles, Oscar Miles, Susan Miles and Adolphus Miles, minors under the age of twenty one years, and generally, to all others unknown, having or claiming any interest in the premises described in the foregoing petition: -

Take notice that the petition, of which the foregoing is a copy, will be presented to the judges of the court of Common Pleas, in and for the county of Ontario, at the next term thereof, to be held at the Court House at the town of Canandaigua, in said county, on the twentieth day of February next, at ten o'clock in the forenoon. -Dated, 14th November, 1842.
Yours, & c.,    LOYAL MILES
O. Benjamin, Attorney.

GEO. L. WHITNEY, of the town of Canandaigua, and county of Ontario, being duly sworn, says he is publisher and printer of the ONTARIO REPOSITORY, a weekly newspaper, published in said town and county, and that the notice, of which the annexed is a printed copy, taken from said REPOSITORY, was published therein once in each week for thirteen weeks successively, commencing on the sixteenth day of November in the year one thousand eight hundred and forty-two.
GEO. L. WHITNEY

Sworn before me, this Twentieth day of February 1843}
Solomon C. White,
Justice of the Peace in & for Ontario County.

In Testimony whereof we the said Commissioners have hereunto set our hands & seals this eleventh day of August in the year of our Lord one thousand eight hundred & forty three.
Thomas? Ottley? (L.S.)
P. P. Bates (L.S.)
Robt. Saunders (L.S.)

And the said commissioners do also return to the said court a certain stipulation in writing presented to them by the said parties and which forms a part of the report of the said commissioners and the grounds upon which the said report was made, which stipulation is as follows to wit,

"Whereas Thomas Miles of Hopewell in the county of Ontario on or about the 16 September, 1842, died seized of about two hundred acres of land in Hopewell aforesaid being the premises on which he resided at the time of his death and which are particularly described in the petition of Loyal Miles filed in the court of Common Pleas of Ontario County for partition of said premises and whereas on the part of Jenks Wheeler the husband of Amanda daughter of Thomas Miles, Stephen W. Miles, Truman Miles sons of the said Thomas and Amasa Miles also son of the said Thomas it is claimed that the said Loyal Miles was advanced by the said Thomas during his lifetime by the grant and conveyance to the said Loyal of fifty acres of land mentioned & described in a certain deed bearing date the second day of February 1838 and recorded in liber 55 of the record of deeds at folio 280, to which reference is had and whereas on the part of the said Amasa it is claimed that such deed was executed without consideration and by way of advancement as between father & son, and on the part of the said Loyal it is claimed that such conveyance was made upon & for a full & valid consideration actually paid & satisfied by him the said Loyal to the said Thomas. And whereas the said Loyal in his aforesaid petition for partition of said lands claims that at the time of the death of the said Thomas the said land descended to & were owned by the persons following to wit, his daughter Amanda wife of Jenks Wheeler, Asa Miles, Stephen W. Miles, Truman Miles, Amasa Miles & him, the said Loyal Miles, sons of the said Thomas, Pamelia Clark of Hopewell widow & relict of Horace Clark deceased, daughter of the said Thomas, Olive wife of Martin Root and daughter of the said Thomas, Emma Miles, Oscar Miles, Adolphus Miles & Susan Miles, children & heirs at law of a Adolphus Miles deceased son of the said Thomas, and to Fidelia Miles wife of the said Amasa and Amanda Clapper wife of George Clapper, the said Fidelia & Amanda being children of Jonathan Root & Percy his wife both deceased, the said Percy being a daughter of the said Thomas, and whereas the said Amasa claims that since the commencement of the said partition suit, the said Amanda Clapper & George Clapper have by deed granted & conveyed to the said Amasa one equal half of the one tenth of the said 200 acres of which the said Thomas died seized, and that the said Martin Root and Olive his wife since the commencement of the said partition suit have by deed granted and conveyed to him all their rights & interests in the said premises, and whereas it is desirable that the rights of the parties in & to said land of which the said Thomas died seized should be adjusted without the cost and expenses & delays of a chancery suit. It is therefore agreed that the said petition of the said Loyal Miles may be taken as confessed and at the next May term of this court an order may be entered appointing Phineas P. Bates, Thomas (Ottley?) & Robert Saunders Commissionsers to make partition of said land and that in making such partition the said commissioners shall have full power & authority to enquire whether the said conveyance to the said Loyal by the said Thomas was made in whole or in part by way of advancement and in making partition they shall deduct from the share of the said Loyal and apportion to the other heirs of the said Thomas so much & such parts of the lands of which the said Thomas died seized as they shall adjudge & determine ought equitably & justly to be deducted from the said Loyal's share by reason of such advancement if they shall determine any such there was, and the said Commissioners are hereby declared to be arbitrators mutually chosen & selected to award and determine the said matters in dispute in respect to said advancement claimed to have been made to the said Loyal and in their report to the said court and in making such partition they shall be at full liberty to take into consideration all matters, & make all enquiries and hear all proof & allegation of the parties touching the rights & claims of the parties as before stated and set forth. Nothing herein contained is to be taken to prejudice the rights of the said Amasa under & by virtue of the alleged deeds to him from the said Clapper & wife and the said Root & wife.

In testimony whereof the parties to these presents have hereunto set their hands & seal this 29th day of April A.D. 1843.
Sealed and delivered in presence of O. Benjamin
Loyal Miles (L.S.)
Amasa Miles (L.S.)
Which being seen the said report & return is confirmed by the court here, therefore it is considered by the said court that the partition aforesaid be holden firm & effectual forever.

["Judgement Signed this twenty sixth day of August A.D. 1843 Nathl. Howell Sup. Court comm. under the act of April 2?, 1839" is written in the margin along side the following:]

And it is further considered that the said Loyal Miles do recover against the said Asa Miles the sum of seventeen Dollars eighty five cents for the proportion of the said Asa of the costs and charges attending the proceedings aforesaid, and also against the said Jenks Wheeler & Amanda his wife the sum of seventeen Dollars eighty five cents for the proportion of the said Jenks & Amanda of the costs & charges attending the proceedings aforesaid, and also against the said Stephen W. Miles the sum of seventeen Dollars eighty five cents for the proportions of the said Stephen of the costs & charges attending the proceedings aforesaid, and also of the said Truman Miles the sum of seventeen Dollars eighty five cents for the proportion of the said Truman of the costs & charges attending the proceedng aforesaid, & also of the said Permelia Clark the sum of seventeen Dollars eighty five cents for the proportion of the said Permelia of the costs & charges attending the proceedings aforesaid, and also of Amasa Miles and Fidelia his wife the sum of Fifty Three Dollars fifty five cents for the proportion of the said Amasa & Fidelia of the cost & charges attending the proceedings aforesaid, and also of the said Emma Miles the sum of four Dollars forty six cents for the proportion of the said Emma of the costs & charges aforesaid, and also of the said Oscar Miles the sum of four Dollars forty six cents for his proportion of the said costs & charges, and also of the said Susan Miles the sum of four Dollars forty six cents for her porportion of the said cost & charges, and also of the said Adolphus Miles the sum of four Dollars forty six cents for his proportions of the said costs & charges according to the Statute in such case made & provided and that the said Loyal Miles have execution thereof do.

Ontario Com. Pleas
Loyal Miles
vs. Asa Mles
Jenks Wheeler
Amanda his wife
and Others
Judg. Record
O. Benjamin Atty.

Filed 26 August 1843
at 3 ½ O'Clock PM

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