More Deeds of the Walrath FamilyThe following three deeds were sent in by our contributing editor Jerome A. Walrath. Other Walrath deeds, wills, and family information and documents can be found on our Wills and Deeds Bulletin Board, on Herkimer or Montgomery Counties' GenConnect Wills Board, and on the Ft. Klock Restoration site. "I did not do the original transcription but found them in the files of the Montgomery County Dept. of History and Archives in Fonda, NY. They had been transcribed by Betty Cathey (now deceased), a Walrath descendant. There may be errors committed by both transcribers." "This deed refers to the same property as in the 1829 Walrath deed mentioning the petition for the partition of land following the death of Jacob A. Walrath. This is between Martinus Dillenbach and Jacob Walreth and Johannes Walreth (as spelled)." (Original Book 1, page 292) This indenture made the twenty ninth day of March in the ninth year of our Independence in America & in the year of our Lord one thousand seven hundred and eighty five, between Martinus Dillenbach of Ranselaerwyck County of Albany & State of New York Farmer of the first part, & John Welrath & Jacob Welrath of Palatine District County of Montgomery & State aforesaid yeomen of the second part, Witnesseth that Whereas the said Martinus Dellenbach is seized in his demensne as of fee of and in one hundred acres of land which land is known & being part of Lott No. ten out of all that certain Tract of Land formerly granted by his late Majesty King George the second by his certain Letters patent under the Great Seal of the Province of New York did give grant ratify and confirm unto Hartman Windecker Conrath Countreman & others situate lying and being in the County aforesaid on the south side of the Mohawks river the said one hundred acres of land is butted & bounded as follows, Beginning at the rear line of said patent at the West Corner of the lands now belonging unto Hendrick H. Walrath & runs from thence north fifty five degrees west ten chains thence north thirty five degrees east one hundred & three chains & seventy five links, thence sourth fifty three degrees east ten chains thence south thirty five Degrees West one hundred & one chains & about sixty three links to the place where first began containing one hundred acres of land & allowance for highways, Now this indenture Witnesseth that the said Martinus Dellenbach for & in consideration of the sum of four hundred pounds current money of the State aforesaid to him in hand paid by the said John Welrath & Jacob Welrath at or before the ensealing & delivery of these presents the receipt whereof he the said Martinus Dellenbach doth acknowledge & thereof do acquit release & discharge the said John Welrath & Jacob Welrath the Heirs Executors & Admrs. By these presents, Have granted bargained & sold aliened remised released and confirmed & by these presents Do grant bargain & sell aliene remise release and confirm unto the said John Welrath & Jacob Welrath (in their actual possession now being by virtue of a Bargain and Sale to them thereof made by Indenture bearing date the day next before the day of the date of these presents & by force of the statute for transferring of uses into possession( & to ther Heirs & Assigns forever the said one hundred acres of land of the said patent herein before described together with all and singular the Woods Marshes Swamps ponds pool Ways, Waters Water Courses, rivers Brooks Rivuletts Runs & Streams of Water, Fishing, fowling hunting (except what Phillip Livingston deceased excepted from Hendrick Walrath deceased by a certain deed of writing delivered by said Philip Livingstone to said Hendrick Walrath in the fifth year of the Reign of King George the second) in or upon the above granted lands or any part thereof & all profits, benefits, priviledges, Liberties Hereditaments & appurtenances whatsoever to the said lands aforesaid & premises hereby granted belinging or in an wise appertaining whatsoever & the reversion & reversions, Remainder & remainders rents issues & profits of all & singular the said premises above mentioned with the appurtenances & also all the Estate right Title Interest property possession claim & demand whatsoever of him the said Martinus Dillenbach of in & to the same with the appurtenances, To have and to hold the said one hundred acres of land abovementioned with the appurtenances (except as before excepted) unto the said John Welrath & Jacob Welrath & their heirs & assigns to the only proper use benefit & behoof of the said John Welrath & Jacob Welrath their Heirs & assigns forever & the said Martinus Dellenbach for himself his heirs Executors & Administrators do hereby convenant promise grant & agree to & with the said John Welrath & Jacob Welrath their heirs & assigns against him the said Martinus Dillenbach his Heirs & Assigns & against all & every other person or persons whatsoever claiming or to claim shall & will warrant & by these presents for ever defend & the said John Welrath & Jacob Welrath their heirs Executors Administrators or Assigns shall & will well & truly from time to Time & at all Times for ever hereafter pay or cause to be paid unto the present or future authority Legislature or good people of the aforesaid State all the Taxes, Duties or public Burthens due or which shall from henceforth become due for the premises above released In Witness whereof the said parties to these presents have hereunto set their hands & Scals the day & year first above written, the Sillable(ing) between the ninth & tenth & the word (the) between the nineteenth & Twentieth & the word following between the thirtieth two & thirtieth three & the (Erazure) the thirtieth seventh lines were first interlined & erazed before the ensealing & delivery of these presents. Martinus (his mark X) Dillenbach (Seal) Signed Sealed and Delivered in the presence of James Thompson Henrich Schehaffer Montgomery County SS: Be it remembered that on the second day of April in the year of our Lord one thousand seven hundred and eighty five personally appeared before me James Thompson one of the subscriber Witnesses to the within instrument whe being duly sworn & saith on the holy Evangelists of the Almighty God that he saw Martinus Dillenbach the within grantor sign seal and deliver the within instrument as his voluntary act and deed for the uses and purposes therein mentioned and also thathe saw Hendrick Schehaffer sine it as a withness with him, and I finding no material arazures or interlineations therein do allow the same to be recorded. Jelles Fonda Judge Recorded this third day of June 1785 and compared with the original by me. Chris. P. Yates Clerk "This is a Walrath/Klock deed involving my ancestors, Catharina (Klock) Walrath and husband Hendrick Walrath, as well as her sister Magdalena (Klock) Walrath and husband Adam A. Walrath (these last two also mentioned in the 1828 petition and 1829 deed), and George Klock, and Jacob G. Klock, brothers of Catharina and Magdalena Klock." (Original Book 1, page 398) This indenture made this sixteenth day of December in the year of our Lord one thousand seven hundred and eighty six and in the eleventh year of the Independence of America Between Catherine Walrath, Wife of Hendrick Walrath, and Lena Walrath wife of Adam A. Walrath, both of Palatine District, in the County of Montgomery & State of New York of the first part and Jacob G. Klock of the same place Esquire of the second part, Whereas the legislature of the State of New York did by an act passed the fifth day of May one thousand seven hundred and eighty six enact that it shall and may be lawful to and for George Klock and Jacob G. Klock now or late of the County of Montgomery, Hendrick Remsen now or late of the city of New York, and John Van Sice now or late of the County of Albany or their respective legal representatives jointly to locate the quantity of forty eight thousand acres of land out of any of the ungranted unappropriated or unlocated land in the county of Montgomery part and parcel of the lands alledged to have been conveyed unto them by a certain deed bearing date the twenty eight day of May one thousand seven hundred and sixty six and now remaining of record in the office of the secretary of this State & reference to said act being had may more fully and at large appear, and whereas the said George Klock did by & release bearing date the third day of August, now last past convey to the said Catharina Walrath and Lena Walrath and their respective heirs and assigns forever each two thousand two hundred and eighty six acres of land being each one seventh part of his share of the said forty eight thousand acres Refference to said Release being had may more fully appear NOW THIS INDENTURE WITNESSETH that they the said Catharina Walrath and Lena Walrath for and in consideration of the sum of four hundred pounds current money of the State of New York to them in hand well and truly paid at and before the sealing and delivery of these presents, the receipt whereof the said Catharina Walrath and Lena Walrath do hereby acknowledge and thereof and therefrom, and of and from every part and parcel thereof do acquit release exonerate and discharge the said Jacob G. Klock his heirs Executors and Administrators and every of them by these presents have granted bargained and sold aliened released and confirmed and by these presents do grant bargain and sell aliene release and confirm unto the said Jacob G. Klock in his actual possession and seizen now being and to his heirs and assigns forever, all the said two seventh parts or four thousand five hundred and seventy two acres of land above mentioned To have and to hold all and singular the said two seventh parts or four thousand five hundred and seventy two acres of land Hereditaments and premises above mentioned, in and by these presents Released and Confirmed and every part and parcel therof with the appurtenances unto the said Jacob G. Klock his heirs and assigns to the only proper use and behoof of him the said Jacob G. Klock his heirs and assigns forever. In Witness whereof the said parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written.
Catharina (hir mark X) Walrath (L.S.) Sealed and Delivered in the Presence of [Note, the words (of his share of) in the seventeenth line from the top was interlined, the word (respective) in the ninth line, and the word (wife) in the third line from the top was on appliteration before the sealing & delivery of these presents] John D. Fort Jacob Failing Montgomery SS. Be it Remembered that on the Eighteenty day of December in the year of our Lord one thousand seven hundred and eighty six personally appeared before me Jelles Fonda Esquire one of the Judges of the Inferior Court of Common pleas for said County Catharina Walrath the wife of Hendrick Walrath within mentioned and Lena Walrath the wife of Adam A. Walrath their respective husbands, deposeth and acknowledged respectively that they executed & delivered the within written instrument of release of their own free will (without any compulsion Threats or Fear of their said Husband) for the uses and purposes therein mentioned, and I have carefully examined the said and finding no material interlinatiions razures or obliterations therein only what is noted above the witness do allow the same to be recorded also the same time Adam A. Walrath acknowledged that he had signed & Delivered the within instrument or release as his voluntary act and deed for the uses & purposes therein mentioned.] Jelles Fonda Recorded the twentieth day of December 1786 and compared by me. Chris. P. Yates - Clerk "This third deed again involves Catharina (Klock) Walrath and Magdalena (Klock) Walrath, as well as all the other living children of George (Old George) Klock, and husbands where mentioned." (Original Book 1, page 400) This Indenture made this third day of August in the year of our Lord one thousand and Seven hundred and Eighty six, and in the Eleventh year of the Independence of America, Between George Klock of Palatine District in the County of Montgomery, and State of New York yeoman of the first part, and Jacob G. Klock, George G. Klock, Catharina Walrath the wife of Hendrick Walrath Margrit Bellinger the wife of Johannes L. Bellinger Elisabeth Quackenbush the wife of Hunter Quackenbush, Lena Walrath the wife of Adam A. Walrath, and Anna Klock the wife of Jacob Johs Klock all of the said County & State aforesaid of the second part. Whereas Govis Darigeorus, Adam Caristain and other sachems of the upper or Canajoharie Castle in the then County of Tryon, now Montgomery, did by a certain deed bearing date the twenty eight day of May in the year of our Lord one thousand seven hundred and sixty six for valuable consideration convey unto the said George Klock, the above named Jacob G. Klock, John Van Sice of the Town of Schonectady, and Hendrick Remsen of the City of New York now deceased, all those tracts of land situate lying and being in the then County of Tryon, now Montgomery, on the north side of the Mohawk River, Beginning at a certain place or Mountain called Anthonys Nose Running from thence with a straight line to the norternmost branch of a River called Sacondago River then westerly with a straight course to the furthermost branch of a creek called Canada Creek at Burnetsfield, then westerly seven miles, and then southerly keeping seven miles distance from said Canada Creek, till that course strikes the mohawk River, then down the stream of the said River to Anthonys Nose the place of beginning aforesaid, and also one other Tract or parcel of land situate lying and being on the south side of the Mohawk River in the County aforesaid beginning at a certain creek called Newadago Creek running thence along the pattent of philip Livingston and Company and along the patents of Lansing Theobold young and others, then down by or near fort herkemer to the Mohawk River, then down the streams of said River to the place of beginning so as to include all the vacant lands within the limits and bounds aforesaid and whereas the Legislature of the state of New York did by an Act passed the Fifth day of May one thousand seven hundred and Eighty six Enact that it shall and may be lawfull to and for George Klock and Jacob G. Klock now or late of the County of Montgomery Hendrick Remsen now or late of the City of New York and John Van Sice now or late of the County of Albany or their respective legal representatives jointly to loicte the quatity of forty eight thousand acres of land out of any of the ungranted unappropriated or unlocated land in the County of Montgomery part and parcell of the lands alledged to have been conveyed unto them by a certain deed bearing date the twenty eight day of May one thousand seven hundred and sixty six and Now Remaining of Record in the office of the Secretary of this State &c Reference to said act being had may more fully and at large appear NOW THIS INDENTURE WITNESSETH that the said George Klock for and in consideration of the sum of two thousand pounds current money of the State of New York to him the said George Klock in hand well and truly paid at and before the sealing and delivery of these presents the Receipt whereof the said George Klock doth hereby acknowledge and thereof and therefrom, and of and form every part and parcel thereof, doth acquit release exonerate and discharge the said party of the second part their heirs executors and administrators and every of them by these presents, Hath Granted Bargained and sold Aliened Released and confirmed and by these presents doth grant bargain and sell aliene release and confirm unto the said Jacob G. Klock, George G. Klock Catharina Walrath Elisabeth Quackenbush Margrit Bellinger Lena Walrath and Anna Klock in their actual possession and seizen now being and to their Heirs and assigns forever All the said George Klocks undevided part of all those tracts or parcels of land as the same are herein before particularly mentioned and described, and also his right for locating forty eight thousand acres of land jointly with John Van Sice Henry Remsen and the said Jacob G. Klock by virtue of the above in part recited act, and also all the estate right Title Interest property Claim and Demand which he the said George Klock had ought to have or is supposed to have either in law or equity of in and to all and singular the premises above mentioned and of in and to all and every part and parcel thereof with the appurtenances (excepting one thousand acres thereof which the said George Klock conveyed unto dirk Van Ingen by release bearing even date herewith) To have and to hold all and singular the said undivided part of all those tracts of land Hereditaments Right of locating and premises above mentioned in and by these presents released and confirmed, and every part and parcel thereof with the appurtenances unto the said Jacob G. Klock, George G. Klock Catharina Walrath, Margrit Bellinger, Elisabeth Quackenbush Lena Walrath and Anna Klock, their heirs and assigns to the only proper use and behoof of them the said Jacob G. Klock, George G. Klock Catharina Walrath Margrit Bellinger, Elisabeth Quackenbush Lena Walrath and Anna Klock their heirs and assigns forever (Excepting the thousand acres above mentioned and for no other use and and purpose whatsoever and the said George Klock hath made ordained constituted and appointed and by these presents doth make ordain consitute and appoint the said Jacob G. Klock, George G. Klock Catharina Walrath, Margrit Bellinger, Elisabeth Quackenbush, Lena Walrath, and Anna Klock their Executors and administrators, his true and lawful attornies irrevocable for him and in his name, and in the name and names of his Executors to Patent in their the said Jacob G. Klock, George G. Klock, Catharina Walrath, Margrit Bettinger, Elisabeth Quakenbush, Lena Walrath and Anna Klocks own name (and as their own right to and to their own use, and to the use of their Executors and Administrators & assigns forever) jointly with Henry Remsen John Van Sice and the said Jacob G. Klock the said forty eight thousand acres of land for wich an location is made on the third day of July last past, by Dirck Van Ingen in the Surveyor General office, and whatsoever my said Attorneys above mentioned shall lawfully do in the premises the said George Klock doth hereby allow and confirm IN WITNESS whereof the said George Klock hath hereunto set his hand & seal the day & year first above written. George Klock
Sealed and Delivered [the word (Lena) in the sixth line from the top of the first
sheet was wrote on a razure before the sealing & delivery hereof] John B. Fort George Failing Montgomery ss. Be it Remembered that on the eighteenth day of December one thousand and seven hundred & eighty six personally appeared before me Jelles Fonda Esquire one of the judges of the Inferior Court of Common pleas for the County aforesaid George Fealing who being duly sworn and saith that he saw George Klock the within Grantor sign seal & deliver the within instrument as his voluntary act & deed for the uses & purposes therein mentioned and also that he saw John B. Fort sign it as a Witness with him and finding no material arazures or interlination therein that those eho have been taken notice of do allow the same to be recorded. Jelles Fonda Recorded the twentieth day of December 1786, & compared by me Chris. P. Yates - Clerk |
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