Transcription of
Conclusion of Probate for Jacob
Anderson dated
[This was a handwritten document
& not all words were clear. Words in doubt are bolded & bracketed;
totally undetermined words are indicated by underscore.]
Administratrix of Jacob Anderson
to
Andrew J. Anderson [then 24 yrs., 11 mo., 4 days of age]
This Indenture, made the Sixteenth day of March, and one Thousand Eight Hundred and Sixty seven, at Napa City, in the State of California, by and between Serena Anderson, the duly appointed and qualified Administratrix of the Estate of Jacob Anderson, deceased, late of the County of Napa and State of California, the party of the first part, and Andrew J. Anderson of the said County of Napa, and State aforesaid, the party of the second part, [Witneseth???], that,
Whereas, on the Twenty sixth day of October A.D. 1866, the Probate Court of the said County of Napa made an Order hearing date, the day and year aforesaid, authorizing the said party of the first part, to sell at public auction, to the highest bidder for Cash, in United States gold coin, certain real Estate belonging to the Estate of said deceased, [situated] in the said County of Napa, and specifics and particularly described in said Order of Sale, either in one parcel or in subdivisions, as the said Administratrix should judge most beneficial to said Estate, a certified copy of which Order of Sale [was] recorded in the Office of the county Recorder of said County of Napa, within which the said land is situated on the Sixteenth day of March A.D, 1867, at 50 mins. past 10 AM of said day, and which said Order of Sale now on file, and [of record]in said Probate Court, and which said record thereof in said Recorders Office are hereby referred to and made a part of this Indenture.
And whereas, under and by virtue of said Order of Sale, and pursuant to legal Notices given thereof, the said party of the first part on the Eighth day of December A.D. 1866, at the Court House Door in Napa City, in the County of Napa and Sate of California, between the hours of nine o’clock in the morning, and the setting of the sun on the same day, to wit: at twelve o’clock, [m (?)] offered for sale in one parcel (judging it most beneficial to said estate) at public auction to the highest bidder, for Cash in United States gold coin, and subject to confirmation by said Probate Court, the said real Estate situated in said County of Napa and specified and described in said order of Sale, as aforesaid; and at such sale, the said party of the second part became the purchaser of the real Estate aforesaid and here in after particularly described, for the sum of Five Hundred Dollars, in United States gold coin, he being the highest and best bidder, and that being the highest and best sum bid;
And whereas the said Probate Court, upon the due and legal return of her proceedings under the said order of Sale, made by the said party of the first part, at the next Term of said Court, to wit: as the March Term A.D. 1867, after making the said sale, upon Notice of at least ten days, given in such manner as the said Court had directed, did on the Sixteenth day of March A.D. 1867, make and order confirming the said sale and directing conveyances to be executed to the said purchaser conveying to him all the right, title, interest and Estate of said intestate in the said premises at the time of his death and all the right, title and interest that the said Estate by operation of [last?] or otherwise, may have acquired in the [said] premises, other than or in addition to that of the said intestate at the time of his death a certified copy of which Order of Confirmation was recorded in the office of the said County Recorder of said County of Napa, within which the said land sold is estimated on the Sixteenth day of March A.D. 1867 at 5 mins. past 2 PM and which said order of confirmation now on file and of record in the said Probate Court, and which said ______ __ ___ in said Recorder’s office, are hereby referred to and made a part of this Indenture.
Now therefore, the said party of the first part, pursuant to the Order last aforesaid, for and in consideration of the sum of Five Hundred Dollars in United States gold coin to her in hand paid, by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, [bagained, sold] and conveyed, and by these presents does grant , bargain, sell and convey unto the said party of the second part, his heirs and [assigns?] forever, all the right, title interest and Estate of the said Jacob Anderson, deceased, at the time of his death, and all the right, title and interest that the said Estate by operation of [law?] or otherwise, may have acquired, other than or in addition to that of said intestate at the time of his death, in and to those certain lots, pieces or parcels of land _______, lying and being in the said County of Napa, and described as follows, to wit:
Eighty acres of Swamp and overflowed land, described as the South half of the South East quarter of Section Nine (9) in Township number Four (4) North of Range number Four (4) West, Mount Diablo Meridian, also Survey number 96˝ Swamp and over-flowed land in Napa County, in Township number Four (4) North of Range number Four (4) West of Mount Diablo Meridian being fractional portion or part of the North East quarter of Section Fifteen (15); the south half of the North West quarter of Section Fifteen (15); the North half of the South West quarter of Section Fifteen (15); fraction of the North half of the South East quarter of Section Fifteen (15); the South half of the North East quarter of Section Sixteen (16); the North half of the South East quarter of Section Sixteen (16; fraction of the North half of the South West quarter of Section Sixteen (16); and fraction of the South half of the North West quarter of Section Sixteen (16) all in the Township, Range and County aforesaid, and containing five hundred and fifty five 71/100 acres, together with the [tenements?], hereditaments and appurtenances whatsoever to the ________ belonging or in [anywise] appertaining; To have and to hold all and singular the above mentioned and described premises together with the appurtenances, unto the said party of the second part, his heirs and [assigns] , to his and their sole use, benefit and [behoof ? ] forever.
In Witness whereof the said party of the first part has
hereunto set her hand and seal the day and year first above written:
her
Serena X Anderson
mark
Signed Sealed and delivered
in the presence of ) Administratrix of the Estate of
Jacob
A. Brunson )
State of
for the County aforesaid, Serena Anderson, personally known
to me to be the person
described in and who executed the foregoing Deed, as the Administratrix of the
Estate of Jacob Anderson, deceased, and acknowledged to me that she, as the
Administratrix of the said Estate of Jacob Anderson deceased executed the same
freely and voluntarily, and for the uses and ______ therein mentioned.
In witness whereof I have hereunto set my hand and affixed
my Seal of Office, the day and year last above written.
A true copy of an original
recorded at the request of A. Bunson,
I.
H. Howland
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