Levi Seward’s Unfinished Business – Some Deeds to ponder…1854 & 1856

Levi Seward left some unfinished business. He apparently made several land sales to his son-in-law David Rood sometime in October 1837 and 1838 and then something happened on 9 March 1849 in Ross Township, Luzerine Co., PA. This required a deed to be created 27 July 1854 and recorded October 2, 1854.

Deed Samuel Seward Et. al. to David Rood – Luzerne Deed Book 59, pg 460 461.

To all persons to whom these presents shall come we Samuel Seaward of the Township of Ross & Freeman Seaward of the Township of Fairmount Luzerne County Pennsylvania Administrators of all and singular the goods & chattels rights & credits which were of Levi Seaward late of the Township of Fairmount Luzerne County deceased send greeting, Whereas the said Levi Seaward on or about the 9th day of March 1849 was seized in fee of a tract of Land in Ross Township said County bounded on the north by lands of Samuel Rood on the South and East by lands of Samuel Seaward and on the West by land of David Rood containing about thirty three acres more or less. That being so seized the said Levi Seaward did by ____  agreement 9th day of March 1849 ____ for the sale of said land to David Rood for the sum of six dollars per acre also that the said Levi Seward on or about the month of October 1837 was seized in fee of and the tract of Land in Rofs Township said County bounded on the North by lands of John Long & Ira Rood on the East by lands of David Rood contracted of said Levi deceased on the South by lands of Samuel Seaward & on the North by Lands of John Long containing about fifty acres more or less that being so seized the said Levi deceased did by oral agreement in the month of October 1838 contact for the sale of said tract of land to David Rood for the sum of three dollars per acre & having so contracted the said two tracts of Land to the said David Rood the said Levi Seaward died in the year 1852 at said County intestate & without completing the deed for the said two tracts of land to the said David Rood and whereas at an Orphan Court held at Wilkesbarre in & for the county aforesaid the 27th day of April 1854 the Court upon sufficient use shown ____the facts of the case being sufficient in Equity and sufficient (page 461) cause being show to the contrary & upon due proof of notice to the heirs administrators & legal representatives decreed that the specific performance of the above contracts according to the true intent & meaning there of now known ye that by virtue of the authority and license aforesaid will order to fulfil & perform all things in the above mentioned contracts or agreements on the part of the said administrators to be performed in consideration of the sum of five hundred & fifty four dollars & four cents to be paid by the said David Rood the receipt whereof is hereby acknowledge in consideration that the said David Rood hath performed fulfilled all things in the above recited contracts or agreements on his part to be performed & fulfilled. We the said Samuel Seaward & Freeman Seward have granted bargained sold conveyed released & confirmed do hereby grant bargain sell convey release & confirm to the said David Rood his heirs & assigns forever the said two tracts of land bounded & described as follows viz: Beginning at a corner on Land of John Long thence by said land North two only six degrees & a half East one hundred & thirty three perches to stake near a rock thence South sixty three degrees & a half one hundred & one perches to a corner thence by land of Samuel Seward South twenty six & a half degrees West one hundred & thirty three perches to a corner, Thence by land of Samuel Seward North sixty three &  a half degrees West thirty five perches to a Corner, thence South twenty si & a half degrees West eight perches to a corner Thence by land of Samuel Seward north sixty three & a half degrees West twenty perches to a corner in road, thence north twenty six & a half degrees East eight perches to a Stone thence by land of Samuel Seaward, North sixty three & one half degrees West forty six perches to the place of Beginning, Containing eighty four acres one hundred ___three perches strict measure with the appurtenances to have & to hold the same to the said David Rood his heirs & assigns to his & their use forever.  In witness whereof we have hereunto set our hands & seals July 27 A.D. 1854.  Samuel Seward Admin (Seal) Freman Seward Adm (Seal)

Signed sealed & delivered in presence of Stephen Vaughen, E.E. Wright

Received the day of the date of the above written Indenture the consideration money name in full: Samuel Seward Admin Witness present Stephen Vaughin C.E. Wright     Freman Seward Adm.

Luzerne County ss Before me the subscriber one of the Justices of the peace in & for said County personally came the above named Samuel Seward & Freeman Seaward Administrators of the estate of Levi Seaward deceased who in due form of law acknowledged the above Indenture to be their act & Deed as such Administors to the and that the same might be record as such according to law. Witness by hand & Seal this 27th day of July A.D. 1854        Stephen Vaughen (Seal) Justice of the Peace = Recorded Oct. 2, 1854.

Another deed was created 12 June 1856 and involved a Levi Seward and a William Rittenhouse being the grantees and the Crary family in Ogle County, Illinois as grantors.

Deed of Maron Crary et al to Levi Seward and William Rittenhouse

Book 70, pg 159 and 160

This Indenture made the twelfth day of June in the year of our Lord one thousand eight hundred and fifty six Between Maren Crary of Ogle County in the State of Illinois and Aspeth his wife and Bearl T. Crary of the same place by their Attorney in fact Nathan B. Crary legally constitute Susan Crary, Hannd B. Crary, Alen __Crary all of Salem, Luzerne Co., Pennsylvania Erasmus D. Crary and Susan his wife of Beaver Meadows in Carbon County Penn’s of the one part and Levi Seward and William Rittenhouse of Fairmount Township, Luzerne Co., aforesaid of the other part _______that the said party of the first part for and in consideration of the Sum of three hundred and thirty nine Dollars lawful money of the United States of American unto them will and truly paid by the said Levi Seward and William Rittenhouse at an before the sealing and delivery of these presents the Receipt whereof is hereby acknowledged have granted bargained sold aliened released ____and confirmed and b these presents do grant bargain sell alien ____release and Confirm unto the said Levi Seward and William Rittenhouse their heirs and assigns all that piece and parcel of Land situate in the Township of Fairmont in the County of Luzerne aforesaid Bounded and described as follows Beginning at the north corner of land ____by Mason Crary to John Rittenhouse and running along the line of Land in the warrantee name of John Dunkle North Sixty one degrees west two hundred west two hundred and twenty perches to a post thence South three degrees West one hundred and six perches to a post thence South sixty one degrees East one hundred and Seventy four perches thence north twenty nine degrees East ninety eight perches to the place of Beginning Containing one hundred and thirteen acres and six perches & allowance [ Being a piece of Land which Mason Crary sold to said grantee by article of agreement dated the 9th day of April 1851, and died without executing a conveyance and the said Carary died Intestate leaving issue the grantors above named who join in the conveyance to carry out the agreement ____] Together with all and singular the ways waters water courses rights liberties privileges hereditaments and appurtenances whatsoever thereunto belonging or in any___appertaining and the ______and remainders rents issues and profits thereof and also all the Estate right ___ interest property claim and demand whatsoever of the party of the first part in law equity or otherwise howsoever of in and to the same and ____part thereof. To have and to hold the said piece of land hereditaments premises hereby granted or mentioned and intended so to be with the appurtenances unto the said Levi Seaward and William Rittenhouse their heirs and assign to and for the only proper use and behoof of the said Levi Seward their heirs and assign forever And the said parties of the first part  their heirs Executors and Administrators Do by these present ____grant and agree to and with the Levi Seaward & Wm. Rittenhouse their heirs and assigns that they the said part of the first part their heirs and all singular the hereditaments and premises hereby above described and granted or mentioned and intended so to be with the appurtenances unto the said Levi Seaward and William Rittenhouse their heirs and assigns against them the said party of the first part their heirs and against all and every other person or person whomsoever lawfully claiming or to claim the same and any part thereof State and will warrant and forever defend. In witness whereof the said parties to their presents have hereunto interchangeably set their hands and seals Dated the day and year first above written.

Sealed and delivered in the presence of us Reuben Miller and I.R. Anderson

Nathan B. Crary (seal) attorney in fact for Beach T. Crary (Seal), Mason Crary (Seal) Elspeth Crary (Seal) E.D. Crary (Seal) Susan M. Crary (Seal) Hannah S. Crary (Seal) Susan Crary (Seal) Ellen H. Crary (Seal).

Payment made

Carbon County testimony and Luzerne Co. Testimony

Recorded 19 July 1856.

The above deed with the Crary family will need to be studied further for I am not sure exactly what is going on. A look at court documents in Illinois would be a possibility.

In summary, this brings me to the end of my research on the estate of Levi Seward and Thankful Wilkinson. Any further research on Levi would need to be carried out in the Luzerne County Courthouse and at this time I have no plans of returning to Pennsylvania. Levi Seward had done well in his life and somehow, even though he was 72 in 1850, I get the feeling that he died suddenly, or rather, unexpectedly, for he had no will and these above deeds of unfinished business seem odd to me.  There was also a delay in the probate process from 1851 to 1854 and that makes me wonder what was going on. In any event, he must have been a very interesting fellow.

About BJ MacDonald

Interested in travel, really into genealogy and researching my family history, classic novels and movies, fantasy and science fiction, photography, history and more... Here is a tip. Make sure you are commenting on the blog you were visiting and the post you were interested in. My blogs are listed by hovering over my pictures and clicking. Clicking one of them will take you back to the correct blog. You can try me here: bjmcdonell@gmail.com
This entry was posted in Fairmount Twp., Freeman Seward, Huntington Twp., Levi Seward and Thankful Wilkinson Family, Luzerne County, Ross Township, Samuel Seward and tagged , . Bookmark the permalink.

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