Heirs of David Phillips [Sr] Guilderland, Albany County, NY 1868

Surprisingly, no will was ever recorded for David Phillips in Albany County, NY, which is where he died and where he resided at the time of his death, even though he himself had witnessed and acted as executor for several other people's wills during his lifetime. A deed dated 10 June 1868 and recorded 8 January 1869 in Albany County, NY Deed Book 216 pages 367-369 lists his heirs-at-law as they dispose of his 78.3-acre farm in Guilderland, Albany County, NY. Of the 14 children of record of this intestate and his only wife, the late Martha MOREHOUSE (1780-1828), three predeceased him without issue. A fourth, eldest son John PHILLIPS (1799-1867), predeceased him but left issue. John PHILLIPS's four surviving children -- Harriet PHILLIPS VAN DEN BERGH, Martha E. PHILLIPS MOCHRIE, David C. PHILLIPS [husband of Emaline DEFREEST] and Caroline PHILLIPS TRACY -- are among the grantors below. All the other grantors are children and children-in-law of the intestate. The grantees are the intestate's daughter Lorenda PHILLIPS HEAD and her husband Stephen HEAD; they resided in the household of the intestate and cared for him in his last years. This deed reads in full as follows:

This Indenture made this tenth day of June in the year of our Lord one thousand eight hundred and sixty eight Between Ruth BEDELL and Jacob S BEDELL her husband of the town of Nassau, Ann BEDELL and Williams R. BEDELL her husband, David PHILLIPS and Bathsheba his wife of the town of East Greenbush, Levi PHILLIPS and Ann PHILLIPS his wife, Andrew PHILLIPS and Julia A PHILLIPS his wife of the town of Schodack, Cyrus C PHILLIPS and Mary A PHILLIPS his wife, Harriet VANDENBURGH and Cornelius N. VANDENBURGH her husband, Joseph PHILLIPS and Eliza A PHILLIPS his wife, Martha MOCHRIE and Levi C MOCHRIE her husband, David PHILLIPS and Emeline PHILLIPS his wife, Caroline TRACY and Myron E TRACY her husband and James PHILLIPS of the town of North Greenbush all in the county of Rensselaer and Elizabeth COLE widow of John L COLE deceased of the county of Albany and all in the State of New York and heirs-at-law of David PHILLIPS late of the town of Guilderland in the County of Albany deceased parties of the first part, and Stephen HEAD and Lorenda HEAD his wife of the town of Guilderland in the County of Albany and State of New York also heirs-at-law of said David PHILLIPS Decd. parties of the second part --

Witnesseth that the said parties of the first part for and in consideration of the sum of Three thousand and five hundred dollars to them in hand paid by the said Stephen Head and Lorenda Head parties of the second part at and before the ensealing and delivery of these presents the receipt whereof is hereby confessed and acknowledged hath granted bargained sold remised released and quit-claimed and by these presents doth grant bargain sell remise release and quite-claim unto the said Stephen Head and Lorenda Head parties of the second part and to their heirs and assigns forever All that certain farm piece or parcel of land situate lying and being in the town of Guilderland in the County of Albany and State of New York being the farm and premises that said David Phillips purchased ofAbraham J LA GRANGE & Hannah his wife by deed dated the 16th day of November in the year 1847 which is recorded in the Clerks office of Albany County in Book of Deeds No 97 on page 10- [page number disappears into spine of deed book] and is bounded and described as follows to wit:

Beginning at a stake and stones set for the north west corner of a lot of land of Thomas CULINGS and runs thence along the line of a tract of land belonging to ADAMS and BUELS North thirty nine degrees East twenty one minutes thirteen chains to a stake and stones thence South fifty one degrees East nine chains and sixty one links to a stake and stones thence North thirty nine degrees & twenty one minutes East thirteen chains and twenty seven links to a stake and stones thence South fifty degrees and thirty minutes East twenty four chains and sixty links to a heap of stones thence South thirty nine degrees and twenty one minutes West twenty six chains and forty links to a pitch-pine sapling and & [sic] stone and thence North fifty one degrees thirty minutes West thirty-four chains and twenty six links to the place of beginning containing seventy eight acres and three tenths of an acre of land Together with all and singular the hereditament and appurtenances thereunto belonging or in any-wise appertaining and the reversion and reversions remainder and remainders rents issues and profits thereof and all the estate right title interest claim and demand whatsoever of the said parties of the first part either in law or equity of in and to the above described and bargained premises with the said hereditaments and appurtenances To Have and to Hold the said described premises to the said parties of the second part their heirs and assigns to the sole and only proper benefit & behoof of the said parties of the second part their heirs and assigns forever

In Witness Whereof the parties of the first part hath hereunto set their hands and seals the day and year first above written.

[Signed]
Ruth Bedell LS
Harriet Vandenburgh LS
Jacob S Bedell LS . . . . . . . . Cornelius N. Vandenburgh LS
Ann Bedell LS . . . . . . . . . . Joseph Phillips LS
Williams R Bedell LS . . . . . . Eliza A Phillips LS
David Phillips Jr LS . . . . . . Martha Mochrie LS
Bathsheba Phillips LS . . . . . Levi C Mochrie LS
Levi Phillips LS . . . . . . . . David Phillips LS
Anna Phillips LS . . . . . . . . Emaline Phillips LS
Andrew Phillips LS . . . . . . . Caroline Tracy LS
Julia A Phillips LS . . . . . . . . Myron E Tracy LS
Cyrus C Phillips LS . . . . . . . James Phillips LS
Mary A Phillips LS . . . . . . . Elizabeth Cole LS

Signed sealed and delivered in the presence of Burton A. Thomas} U.S Inter Rev Stamp $3.50/100 Cancelled

State of New York}
Rensselaer County}SS

On this 28th day of August in the year One thousand Eight hundred and sixty eight before me appeared Levi Phillips and Ann Phillips his wife to me personally known to be the same persons described in and who executed the foregoing instrument who severally acknowledged that they executed the same and the said Ann Phillips on a private examination by me apart from her said husband acknowledged that she executed the same freely and without any fear or compulsion of her said husband.

Burton A. Thomas
Justice of the Peace

State of New York}
Rensselaer County} SS

On this tenth day of June in the year one thousand eight hundred and sixty eight before me appeared Jacob S Bedell and Ruth Bedell his wife Williams R Bedell and Ann Bedell his wife David Phillips Junior and Bathsheba Phillips his wife Andrew Phillips and Julia A Phillips his wife Cyrus C Phillips and Mary A Phillips his wife Cornelius N Vandenburgh and Harriet Vandenburgh his wife Joseph Phillips and Eliza Phillips his wife Levi C Mohrie [sic] and Martha Mochrie his wife David Phillips and Emeline Phillips his wife Myron E Tracy and Caroline Tracy his wife James Phillips and Elizabeth Cole to me personally known to be the same persons described in and who executed the foregoing instrument who severally acknowledged that they executed the same and the [sic] said Ruth Bedell Ann Bedell Bathsheba Phillips Julia A Phillips Mary A Phillips Harriet Vandenburgh Eliza Phillips Martha Mohrie [sic] Emeline Phillips and Caroline Tracy on a private Examination by me apart from her [sic] said husband [sic] acknowledged that she [sic] executed the same freely and without any fear or compulsion of her [sic] said husband [sic].

Burton A. Thomas
Justice of the Peace

State of New York City of Troy}
Rensselaer County Clerk's Office} SS

I, J Thomas Davis Clerk of said County and also Clerk of the Supreme Court and Mayor's Courts being Courts of Record held therein do hereby certify that Burton A. Thomas whose name is subscribed to the certificate of proof or acknowledgment of the annexed instrument was at the time of taking such proof or acknowledgment one of the Justices of the Peace of the County of Rensselaer Dwelling in said County and duly authorized to take the same that I am well acquainted with the hand writing of the said justice and verily believe that his signature to the said certificate of Proof or acknowledgment is genuine and that said instrument is executed and acknowledged according to the Laws of the State of New York In Testimony Whereof I have hereunto set my hand and affixed the seal of said County this 1st day of September AD 1868 / Recorded January 8th, 1869 at 10 a. m.

LS J Thomas Davis
Clerk
US Inter Rev Stamp 5 cts Cancelled
John McEwen, clerk.

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