|
James McKee, of Dublin township, Huntingdon county, bequeathed to his wife Mary, the |
|
use and benefit of his whole land, until his youngest son Henry came of the age of twenty-one, |
|
"if she continues my widow, and also for the support of her and the children, and if she does |
|
not continue my widow, until the said Henry McKee comes to age, but marries another, |
|
I do ratify and allow her for her legacy, one horse and saddle, and one case of drawers, |
|
together with bed and bedding." "And I further give and devise to my said eldest son, |
|
James McKee, and my youngest son Henry McKee, . . .all my leasehold estate . . . |
|
situated in Dublin township, Huntingdon county, equally to be divided between them." . . . |
|
and the residue of his personal estate was to be appraised and sold, within six months . . . |
|
"for the good of my wife and family." He appointed his wife one of the executors of his will. |
|
It was proved that the widow was married to McAninch, in 1815 [5], and continued so for |
|
more than 20 years. James McKee, Jr., died after his mother married McAninch. He died |
|
in his minority -- intestate and without issue. She remained on the land until it came into the |
|
hands of Laughlin, eight or nine years ago [circa 1840-1841-1842]. Laughlin purchased the |
|
land . . . at sheriff's sale, when sold as the property of Henry McKee, the surviving son.[6] |
|
On the part of the plaintiffs was offered articles of agreement, as follows: |
|
|
|
|
|
Witnesseth, that whereas, there never was a writ of partition or valuation had or held on the |
|
|
real estate of the said James McKee, deceased: And whereas, the aforesaid William Laughlin, |
|
|
has, by a sheriff's deed, became the owner of the said real estate, subject to the said Mary |
|
|
McKee's claim to the said real estate, by right of her deceased husband, as above named [7]: |
|
|
Now know all men by these presents, that we, Alexander McAninch, as above stated, and |
|
|
Wm. Laughlin, as above mentioned, have amicably agreed and appointed and chosen Samuel |
|
|
Finley, James Hudson and Robert Campbell, to go on the said premises, and to fix a valuation |
|
|
on the said real estate . . . said valuation . . . to be final and conclusive, to the decease of the |
|
|
said Mary McKee, now Mary McAninch, the said Wm. Laughlin . . . to pay to the said |
|
|
Alexander McAninch, or Mary his wife, the yearly interest of the one-third part of the said |
|
|
valuation, during her natural life, and no longer. . . . as witness our hands and seals, this |
|
|
twenty-eighth day of April, in the year of our Lord one thousand eight hundred and forty-two. |
|
|
|
Mary McAninch, [l. s.] Alex. McAninch, [l. s.] Wm. P. Laughlin, [l. s.] |
|
Report of said referees written on the back of the article of agreement, read as follows: |
|
"We . . . did meet . . . on the said premises, on the twenty-ninth day of April, 1842, . . . did |
|
proceed to view the premises within mentioned, and did value and appraise the said plantation |
|
at the sum of fifteen hundred dollars, or the yearly rent, or interest of ninety dollars a year . . . |
|
Plaintiff [McAninch] also proved . . . that Wm. P. Laughlin continued in possession of the |
|
premises under this agreement, and that the first year's rent of $30 was paid by him [Laughlin] |
|
to plaintiff [McAninch], and that defendant [Laughlin] expressed himself satisfied with the |
|
___________________________________________________________________________ |
|
McAninch Family History NL v.XV n.1 / January 2007 / Copyright Frank McAninch / page 2007-04 |