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Fundenburgh & Albaugh to David Shink
Land Records, Frederick, MD Exd delivered Granted }
At the request of Daniel Shink & Phebe his wife the following This Indenture made this thirteenth day of April in the year of our Lord Eighteen hundred and nine between John Fundenburgh, Sally Fundenburgh and David Albaugh and Elizabeth his wife, heirs and representatives of Lazarus Fundenburgh late of Frederick, deceased of the one part, and Daniel Shink Phebe his wife of Frederick County aforesaid being also heirs and representatives of the aforesaid Lazarus Fundenburgh of the other part, Witnesseth that the said John Fundenburgh, Sally Fundenburgh, Anna Fundenburgh David Albaugh and Elizabeth Albaugh the wife of the said David Albaugh for and in consideration of the sum of three hundred and seventy eight Dollars current money of the united States to each of them severally in hand paid or secured to be paid by the said Daniel Shink and Phebe his wife before the sealing and delivery of these presents, the receipt whereof they the said John, Sally and Anna Fundenburgh, and David Albaugh and Elizabeth Albaugh do hereby acknowledge and from every part or parcel thereof do hereby acquit, exonerate and discharge the said Daniel Shink and Phebe his wife their heirs executors and Administrators they the said John Fundenburgh, Sally Fundenburgh, Anna Fundenburgh, David Albaugh and Elizabeth Albaugh have granted, bargained, sold, aliened, enfeoffed and confirmed, and by these presents do grant bargain, sell, alien, enfeoff and confirm unto the said Daniel Shink and Phebe his wife their heirs and assigns all that Tract or parcel of Land called “Samuels Advice” lying and being situate in Frederick County in the State of Maryland of which the aforesaid Lazarus Fundenburgh deed seized, subject to the encumbrances of dower of the widow of the said Lazarus Fundenburgh containing by a patent aforesaid to the said Lazarus Fundenburgh bearing date the sixth day of May Seventeen hundred and ninety nine, one hundred and twenty six acres of Land, as on reference to said patent being had will more fully appear. Together with all and singular the buildings Improvements, woods, ways, watercourses, rights, liberties, privileges, heriditaments, and appurtenances whatsoever thereunto belonging or in anywise appertaining and the remainder and reversion, rents, issues, and profits thereof and all the estate right title and interest, whatsoever of them the said John Fundenburgh, Sally Fundenburgh and David Albaugh and Elizabeth Albaugh both at law and in equity of into and out of the said tract or parcel of Land and premises hereby bargained and sold or meant, mentioned or intended so to be hereby, and every part or parcel thereof under the encumbrance of the dower aforesaid. To have and to hold the said Tract or parcel of Land so as aforesaid described called “Samuels advice” or by whatever name the same may be called together with the buildings and appurtenances and all and singular other the premises hereby bargained and sold, or meant, mentioned or Intended hereby so to be and every part and parcel thereof, with their and every of their appurtenances, unto the said Daniel Shink and Phebe his wife, their heirs and assigns forever, and to and for no other use Intent or purpose whatsoever and the said John Fundenburgh, Sally Fundenburgh, Anna Fundenburgh, David Albaugh and Elizabeth Albaugh, and their heirs. The said Tract or parcel of Land and premises hereby bargained, granted and sold and every part and parcel thereof with the appurtenances thereunto belonging under the encumbrance aforesaid to them the said Daniel Shink and Phebe his wife their heirs and assigns against them the said John Fundenburgh, Sally Fundenburgh, Anna Fundenburgh, David Albaugh and Elizabeth Albaugh and their heirs, and against all and every person or persons whatsoever claiming or to claim any right, title or interest in and to the same, or any part thereof from by or under them in any of them shall and will hereafter warrant and forever defend by these presents and the said John Fundenburgh, Sally Fundenburgh, Anna Fundenburgh, David Albaugh and Elizabeth Albaugh for themselves, their heirs, Executors and Administrators, do further covenant, grant, promise, and agree to and with the said Daniel Shink and Phebe ahis wife, their heirs Executors, administrators and assigns that they the said John Fundenburgh, Sally Fundenburgh, Anna Fundenburgh, David Albaugh and Elizabeth Albaugh and thei heirs shall and will at all times hereafter whenever required thereto by the said Daniel Shink and Phebe his wife their heirs or assigns at the proper cost and expense of the said Daniel Shink and Phebe his wife their heirs or assigns make, do execute and acknowledge all and every such further assurance or assurances, deed or deeds, conveyance or conveyances as described or assess in the Law, as he the said Daniel Shink and Phebe his wife their heirs or assigns, or his or ther Counsel learned in the law may or advise, describe or require for the more certain and effectual assuring, conveying and quieting, the possession of the said Daniel Shink and Phebe his wife, their heirs and assigns of in and to the said parcel of Land and premises with the appurtenances forever, in Witness whereof the said John Fundenburgh, Sally Fundenburgh, Anna Fundenburgh, David Albaugh and Elizabeth Albaugh have hereunto subscribed their hands and affixed their Seals the day and year first herein written ~~ Signed, Sealed and
} John Fundenburgh (seal) Which was thus endorsed Maryland, Frederick County, to wit ~~ On the thirteenth day of April in the year
of our Lord eighteen hundred and nine personally appears John Fundenburgh, Sally
Fundenburgh, Anna Fundenburgh, David Albaugh and Elizabeth Albaugh heirs
representatives of Lazarus Fundenburgh late of said county deceased being the
parties grantors named in the foregoing deed or Instrument of Writing before us
the subscribers two of the Justices of the Peace in and for Frederick County and
acknowledge the foregoing Deed or Instrument of Writing to be their act and deed
and the land and premises therein mentioned, and thereby bargained and sold to
be the right and estate of the therein named Daniel Shink and Phebe his wife
party grantee also therein named their heirs and assigns forever according to
the purport true intent and meaning of the said Deed or Instrument of Writing
and the acts of Assembly in such case made and provided and the said Elizabeth
Albaugh, wife to the said David Albaugh being by us privately examined apart
from and out of the hearing of her husband whether she doth make her
acknowledgement of the same willingly and freely and without being induced
thereto by fear or threats of or ill usage by her husband or fear of his
displeasure ~ And now at the same time also personally appears Margaret the wife
of the said John Fundenburgh, before us Justices as aforesaid and acknowledges
the said deed or Instrument of writing to be her act and Deed and the land and
premises therein mentioned to be the right and estate of therein named Daniel
Shink and Phebe his wife their heirs and assigns forever and the said Margaret
Fundenburgh being by us privately examined apart from and out of the hearing of
her husband whether she doth make her acknowledgement of the same willingly &
freely and without being induced thereto by fear or threats of or ill usage by
her husband or fear of his displeasure acknowledges that she doth make her
acknowledgement of the same willingly and freely and without being induced
thereto by fear or threats of or ill usage by her husband or fear of his
displeasure.
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