[ Transcribed from microfilm of records held by the City of Philadelphia. there are certainly errors herein ]

This Indenture made the Twenty first day of September in the year of our lord one thousand seven hundred and sixty one between Francis Garrigues of the Township of Moyamensing in the County of Philadelphia and Province of Pennsylvania Carpenter John Smart of the City of Philadelphia in the said Provence & City named and Ann his Wife and William Johnson of the said City blacksmith and Christiana his wife of the one Part and Thomas Wharton of the City of Philadelphia aforesaid Merchant of the Other part WHEREAS Christopher Swanson late of Wiccacoe in the County of Philadelphia aforesaid being seized in Fee Simple of divers Lands Tenements and Hereditaments in Wiccacoe and Moyamensing aforesaid made his Last Will and Testament in Writing bearing date on or about the Twenty second day of November in the year one thousand seven hundred and thirty five and thereby devised unto his three Daughters Catherine Margaret and Mary who was the Mother of the said Ann Smart and Christiana Johnson all the Northernmost Part of his Tract of Land in Wiccacoe aforesaid.

To Hold to the said Catherine Margaret and Mary part and share alike and to their heirs and assigns forever and further declared it to be his will that his loving wife Christian should hold and enjoy the same during her Natural Life and nominated his said wife Sole Executrix authorizing her to sell and convey with Part and Parts of the Residue of his Lands Tenements and Heriditaments whatsoever [other than the Part intended for his Daughters as aforesaid] as she should find expedient for their Payment of his Debts, and as to the surplus age if any part remained unsold he gave and devised the same unto his son John and to his Heirs for ever but further willed that his said wife should hold and enjoy the same Surplusage during her natural life as in and by the said in part recirted Last Will and Testament duly proved and remaining in the Register General Office at Philadelphia aforesaid Relation being thereunto had more fully and at large appears and shortly after the making and publishing the Will aforesaid he the said testator died & seized of the Premises as in his Estate aforesaid and the said Christian Swanson also departed this Life without having sold any Part of the Lands aforesaid and the said John Swanson likewise died intestate and without issue Whereupon his Part of the Premises Vested in his said three sisters as coheirs at law and whereas the aforesaid Katherine intermarrying with one Anthony Duche aforesaid Margaret intermarrying with one John Parham and Margaret his wife and Joseph Knowles and Mary his Wife all agree upon and did make an equal Partition and Division between them of certain Lots and Lands Parts of the Estate of the said Christopher Swanson deceased and ind by a certain indenture ???ing date the twenty third day of March in the Year one Thousand seven hundred and fourty two ??? Made or mentioned to be made between the said Anthony Duche and Katherine his wife of the first part aforesaid John Parham and Margaret his Wife of the Second Part and theafoersaid Joseph Knowles and Mary his Wife of the third Part a certain Piece of Land in a plan or drag ??? To the said Indenture distinguished by the Name of Joseph Knowles and Marked No. 23 containing in breadth on Passynuck and about seventy two perches and in half and on Anthony Duche No.22 twenty two perches and seven foot and in length on the south side thereof next the one Perch Lande thirty eight Perches and four lengths and on the North Side next Hilbert & Penrose twenty eight Perches and three lengths bounded north eastward Passynuck Road Southward on the one Perch Lane ??ward with Anthony Duche ????? Aligned ??? Granted and ??ed unto the said Joseph Knowles and Mary his Wife and the Hairs and assignees of her the said Mary severally for ever as in and by the said recited Indenture Tripartite recorded at Philadelphia in Book H Vol 5. Page 373 s3[?] relation being thereunto had more fully and at large appears anywhere the said Joseph Knowles departed this life leaving issue by his said wife Mary only the aforesaid Ann Smart & Christiana Johnson And she the said Mary afterwards intermarrying with the aforesaid Francis Garrigues departed this Life Intestate seized of the aforesaid described Lot or Piece of Land with the appurtenances leaving issue the aforesaid Ann Smart Christiana Johnson and one Son by the said Francis Garrigues named Francis and none other whereupon the same describe lot of piece of ground with the appurtenances (according to the Law of Intestates of the said Province of Pennsylvania descended until and vested in her said three Children, her Son the aforesaid Francis Garrigues having a Double Share and her Husband the aforesaid Francis Garrigues, Party hereto, having an estate for Life therein by the curtesy of England and whereas the said Francis Garrigues the Elder hath bargained and sold and agreed to convey his Estate for Life in the undivided Moiety or half Part of hT% te Lot or Piece of Land aforesaid until the said Thomas Wharton his Heirs and assigns for the Sum of Thirty Pounds lawful Money of Pennsyvaniaand they the said John Smart and Ann his Wife and William Johnson and Christiana his wife by the same Thomas Wharton likewise paid The Receipt of which said several Sums is hereby acknowledged They the said Francis Garrigues the elder John Smart and Ann his wife and William Johnson and Christiana his Wife have and each every and either of them HATH granted bargained sold aliened on??? Released and confirmed and by these presents do and each every and either of them Doth grant bargain sell alien ??? Release and confirm write the ??? Thomas Wharton his heirs and assigns the two full & equal and undivided fourth Parts of one full equal and undivided Moiety or half Part of and in the aforesaid described Lot or Piece of Lands situated butted bounded and being as aforesaid containing in Breadth on Passunck Road about Twenty Two Perches and a half and on Anthony Duche Lot No 22 twenty two Perches and seven feet and in Length on the South Side thereof next the one Perch Lane aforesaid thirty eight Perches and four Tenths and on the North Side near Hilbert and Penrose Lot twenty eight perches and there lengths as afoersaid which lot of land contains by estimation four acres and three Quarters of an Acre or thereabouts be the same or more or less and is distinguished in the Plan aforesaid by the name Joseph Knowles and marked No 23 as aforesaid TOGETHER also with the like two full undivided fourth Parts of and in all & singular the Roads Lands Passages ways waters watercourses Rights Liberties Priviledges Fences Improvements HErediaments & appurtenances whatsoever until the aforesaid describe Lot or Piece of Land belonging or in any wise appertaining to accepted refuted desired or taken as Part Parcel or Member thereof or of any Part or Parcel thereof AND the said Francis Garrigues the Elder John Smart and Ann his Wife and William Johnson and Christiana his Wife DO and each and every and either of them doth for thereby these presents for the Considerations aforesaid grant bargain & all release and conform until the said Thomas Wharton his heirs and assigns to the only proper Use and Behoof of him the said Thomas Wharton his Heirs and Assigns forever UNDER the proportionable Part of the year Quit rent hereafter accruing for the hereby granted premises to the ??? Lord or Lords of the ??? And the said Francis Garrigues the Elder doth covenant for him and his heirs the said John Smart covenanteth for himself and his heirs and for the said Ann his Wife and the said William Johnson covenants for himself and the said Christiana his Wife and for the Heirs of her the said Christiana that they the said Francis Garrigues the Elder John Smart and Ann his Wife and William Johnson and Christiana his Wife and their heirs ??? The aforesaid in full equal and undivided fourth Parts of and in aforesaid described Lot or Piece of Land and all other the Parts Heriditaments and premises hereby granted and released torment or intended so to be with the appurtenances unto the said Thomas Wharton his Heirs and assigns against them the said Francis Garrigues the Elder John Smart and Ann his Wife and William Johnson and Christiana his Wife and their Heirs respectively and or to claim thy from or under them or any or either of them has said Francis Garrigues the Elder John Smart and Ann his wife and William Johnson and Christiana his Wife for ??? Their heirs [ a bunch of really tight writing that I can’t make out ] claiming or that shall or may so have or claim any estate Right Title or Interest of in or to the hereby granted premises or any part or parcel thereof by from or under them or any or either of them shall and will at any time or Times hereafter at and upon the reasonable request proper Costs and Charges in the Law of the said Thomas Wharton his heirs and assigns make execute and acknowledge or cause so be all and every such further and other reasonable Act and Deed or Deeds Device or Devices in the Law whatsoever for the further and better assurance and confirmation of the aforesaid in full and equal undivided fourth parts of and in the aforesaid described Lot or Piece of Land hereitaments and permises hereby granted or mentioned to be granted with the apportenences unti the said Thomas Wharton his heirs and Assigns as by hom or them or by his or the coucel learened in the law shall be reaosnably devised advised or required in witness whereof the said aprties to these presents had interchangably set there hands and seals hereunto Dated the Day and year first above written Francis Garrigues {seal} John Smart {seal} Ann Smart {seal} William Johnson {seal} Christian Johnson {seal} Sealed and Delivered in the Presence of us Peter Chavalier June. Jo’e Wharton

The Twenty fourth day of September in the year of our Lord 1761 before me James Humphreys Esq One of the Justices &c @ came the above named Francis Garrigues the Elder John Smart and Ann his Wife and William Johnson and Christiana his Wife and acknowledged the above written indents to be their Act and Deed and desired the same may be recorded as their Acts and Deed They the said Ann Smart & Christiana respectfully of full age secretly and apart ????

Contents of the said Writing first made known until them witness my hand and Seal the Day and year above written Jas Humphrey {seal}

Received the Day of the Date of the within written Indenture of the within named Thomas Wharton the Sum of Thirty Pounds it being the consideration Money mentioned to be paid to me Francis Garrigues witness Peter Chevalier June Jos Wharton Jun

Received the day of Date of the within written Indenture of the within named Thomas Wharton the Sum of One Hundred and eighteen Pounds fifteen Shillings It being the consideration Money within mentioned to be paid to us John Smart Ann Smart William Johnson Christiana Johnson Witness Peter Chevalier June Jos Wharton Junr

Mem: October 16, 1761 Whereas at the Time I purchased of John Smart & William Johnson & their wives the lots described by this deed neither of us apprehended that the street laid out on the north side thereof was included in the deed of partition made between Anthony Duche &c boy that that street was laid out before the date of sd deed of Partition and that each Persons Lott contained the full Quantity of Ground called but on measuring the Lott since I bought it find that the whole of the 50 feet Street is taken out of the Estate by agreement between them & Hubert & Penrose &c. Wherefore Rec ofs’d Smart & Johnson the Sum of Twelve Pounds ten shillings for one quarter of an Acre which my Part of the Lott contains less than called in this deed so that I now have a Right to about 2 acres & 20 Perches this Memo I place here that these who come after me may not be mistaken Tho Wharton

Recorded the 9th day of Sep.r 1762