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Argument Court Records

376

Argument Court March Term 1891

The petition of James Farren, Sr., Guardian of Joseph Farren, Andrew Farren, and Henry Farren, minor children of Hugh Farren, late of the Township of Portage in said County of Cambria, deceased respectfully represents:

That John Farren died on or about the day of June 1857, intestate seized in his demesne as of fee of and in a certain piece or parcel of land situate in said Township of Portage, in Cambria County, Pennsylvania, which is bounded by lands of J. C. Martin, J. B. Denny, John Tickerhoff and Valentine Cramer, containing eighty five acres more or less, and leaving to survive him a widow, Sarah Farren, who has since died, and five children, to wit: James Farren, Anne McKee, John Farren, Hugh Farren, and Mary O'Friel.

That the said piece or parcel of land was sold by Isaac Wike (then) Treasurer of said County of Cambria, on the 14th day of June 1864 to said John Farren, Jr. for non-payment of certain Taxes levied and assessed against the same, and was conveyed by said Treasurer to said John Farren Jr. by deed dated the 14th day of June 1864, and recorded in said County of Cambria in Record Book, Volume 53, page 221, it. seq., and that said John Farren Jr., and Elizabeth Farren his wife, by assignment, on said deed dated the 11th day of March 1871 and recorded in said County in Record Book Volume 53, page 223, conveyed the same to said Anne McKee.

That said Hugh Farren has since died intestate leaving to survive him a widow Mary Farren, and eleven children, to wit, Agnes, intermarried with Joseph Height, but who has since died intestate and without issue, James Farren, Hugh Farren, Susan Farren, Thomas Farren, Caroline Farren, Annie Farren who since died in testate, unmarried and without issue, Mary Farren intermarried with Isaac Sutton, Joseph Farren, Andrew Farren and Henry Farren, the three last named being minors, and that on the thirteenth day of April, 1891, your petitioner was duly appointed guardian of said minors by the Orphan's Court of said County of Cambria.

[this paragraph is a margin note written sideways in the left margin]

That said Anne McKee is desirous of perfecting her title in and to said piece or parcel of land and has obtained quit claim deeds for the same from said James Farren, and all the heirs of said Mary O'Friel who is now deceased, and from the widow and all the surviving heirs of said Hugh Farren, deceased who are of full age, so that at the present time she owns the title to all of said piece or parcel of land except the interest of said Joseph Farren, Andrew Farren, and Henry Farren, minor children of said Hugh Farren, deceased, being the three undivided forty-fifths interest therein.

That said Ann McKee has made an offer of the sum of seventy five dollars for the interest of said three minor children in said piece or parcel of land, which sum your petitioner believes is a better and higher price than can be obtained for the same at public sale, that said land is so unproductive that it is to the best interest of said minors that said offer be accepted.

Your petitioner therefore prays that an order be made authorizing him to grant and convey the interest of said minor children in said piece or parcel of land to said Ann McKee, at private sale, for said sum of seventy five dollars.

And now, April 13th 1891, the forgoing petition read and considered, and the Court having given the matters and things in said petition full and careful consideration and investigation, and being of the opinion that it is to the interest and advantage of the said minors that their interest in the said premises should be sold as prayed for, ant that such sale may be make without injury or prejudice to any trust or charity or any purpose for which said lands are held and without violating any law which may confer any immunity or exemption from sale or alienation, and the court being further of the opinion that a better price can be obtained at private than at public sale, the Court do

377

Argument Court March Term 1891

now approve and decree a private sale of all the estate, right, title, interest, property, claim and demand of the said Joseph Farren, Andrew Farren and Henry Farren, minor children of said Hugh Farren, deceased, and the estate, right, title, interest, property, claim and demand held by the said James Farren, Sr. Guardian as aforesaid, in trust for his said wards, of, in, to and out of the said piece or parcel of land, to Anne McKee for the sum of Seventy five dollars. Deed to be made and executed, and after its acknowledgement in open Court, to be delivered by the said Guardian to said purchaser, her heirs and assigns.

By the Court,

April 13th 1891. Bond in the sum of $200.00 with Frank Diehl and J. J. McDonnell as sureties approved by the Court filed.

Fees paid by M. D. Kittell Esq.

In the matter of the application of James Farren Sr. Guardian of Joseph Farren, Henry Farren and Andrew Farren, minor children of Hugh Farren, late of the Township of Portage in said County deceased, for Order of Court to sell the interest of said minors in certain real estate.

James Farren, Sr. Guardian aforesaid, respectfully reports and returns: That in pursuance of a decree made by this Honorable Court, on the 13th day of April, 1891, authorizing and directing a private sale of the interest of said minor children in certain real estate situate in said Township of Portage, he has sold the right, title, interest, of the said Joseph Farren, Henry Farren and Andrew Farren, the minor children aforesaid, in and to all that certain piece or parcel of land situate in said Township of Portage as described in the application aforesaid, to said Anne McKee for the sum of seventy five dollars; which said sale so made as aforesaid, the said Guardian prays may be confirmed by the Court.

And now, April 13th, 1891, the foregoing return read and considered, and it is ordered and decreed that the sale made as therein dated be ratified and confirmed, and that the premises sold be and remain unto Ann McKee her heirs and assigns firm and stable forever. And it is further ordered and decreed that the said James Farren Sr. Guardian as aforesaid, acknowledge in open Court a deed for the said premises, and that upon receiving the purchase money, a delivery of said deed be made to said purchaser.

By the Court.

And now April 13th 1891 James Farren Sr. Guardian of Joseph Farren, Andrew Farren and Henry Farren, appeared in open Court and acknowledged his deed to Anne McKee for all the right, title, and interest of said minors in a certain piece or parcel of land situate in the Township of Portage county of Cambria State of Pennsylvania bounded by lands of J. C. Martin, J. B. Denny, John Tickerhoff and Valentine Cramer containing eighty five acres more or less, and said acknowledgment was directed to be entered upon the Record of the Court.

Fees paid by M. D. Kittell Esq.

By the Court