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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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