This Indenture made this Twenty sixth day of February One thousand Seven hundred and Ninety between James Miles and Susanah Gilder Administrators of all and singular the Goods and Chattels rights and Credits which were of Henry Gilder late of Murderkill hundred Kent County and State of Delaware deceased of the one part and Absalom Gibbs of the Same place Bricklayer of the other part. Whereas the Aforesaid Henry Gilder was in his lifetime and at the time of his death seized of and in a certain Tract or parcel of land situate in the County and hundred aforesaid and being so thereof  seized died Intestate, and Administration of all and Singular his Goods and chattels rights and credits after his death was in due form of Law commited to the aforesaid James Miles and Susanah Gilder his Widow and Whereas the aforesaid Jas. Miles & Susanah Gilder having exhibited into the Registers Office of said County a true and perfect Inventory of all the said Intestates personal Estate, So far fourth as had come to their knowledge, and afterwards Exhibited and pass’d an account in the Orphans Court for said County of their proceedings as administrators aforesaid wherein it appeared that the personal Estate of the afforsd. Intestate Would not be Sufficient to Satisfy the debts against said Estate, and Whereas the said James Miles and Susanah Gilder as Administrators aforesaid presented a petition to the Court of Orphans of Said County held at Dover the 28th day of November 1789 therein sitting forth that the personal Estate Would not Satisfy the debts against said Estate, as appeared by the account aforesaid to Which account the said Administrators made Affidavit in open Court, and therein also recited that the Said Intestate died seized of and in the aforesaid Tract or parcel of Lands therefore prayed Said Court to Grant them an Order for the Sale of that part of the plantation next adjoining Lands of Charles Emorys beginning at the upper corner where the fences Join, thence with the course of the fence to the branch, and down Said Branch the several courses thereof to the Mill pond then up Said pond to the corner between said Land  and Charles Emorys Land thin a Straight line to the place of beginning supposed to Contain about Seventy five Acres be the Same more or  less: to satisfy and pay the said several demands against said Intestates Estate, agreeable to the Laws of this State in such case made and provided Whereupon it was ordered by said Orphans Court that the said Administrators should sell at public Vendue for the best price that could be Obtained for the same, for the payment of his Outstanding debts &c and Whereas the Said James Miles and Susanah Gilder Administrators aforesaid did afterwards to Wit on the 30th day of December 1789 after legally advertising the same as the Laws of this State doth direct, Sell the said parcel of land with the appurtenances unto the aforesaid Absalom Gibbs he being the highest bider for the Same for the Sum of two hundred pounds and fifteen shillings lawful money of this State, as by the Said Administrators return and the other proceedings of said Court herin recited reference thereunto being had may more fully appear, and the aforesaid James Miles and Susanah Gilder Administrators aforesaid being now about to convey unto the aforesd. Absalom Gibbs the said parcel of land sold as aforesaid. Therefor this Indenture Witnesseth that the said James Miles and Susanah Gilder administrators as aforesaid pursuant to an act of Assembly of this State in such case made and provided and the aforesaid Order of Court and by virtue of the power and Authority thereby to them given, for and in Consideration of the Sum of two hundred pounds and fifteen Shillings lawful money as aforesaid have granted, Bargained, Sold, Aliened, Enfeoff’d, released and Confirmed, and by these presents doth Grant Bargain, Sell, Allien, Enfeoff Release and Confirm unto the ^afore^ Said Absolim Gibbs all the above mentioned part of Said Tract of Land Beginning at a new marked parsimon bush In the dividing line between the whole tract and Land of Charles Emory’ thence North sixteen and a half degrees East Eighty Nine perches to a small branch where stands a Small marked Ash by the Run and down the Run of said Branch to Where it intersects a larger branch which Issues out of Tidbury Branch and down the Run of Said branch the several courses thereof to a bounded Gum standing in Train Caldwells Mill pond the division corner between this and ^Lands of^ Charles Emorys aforesd. thence with the Line of said Emorys Land South seventy six degrees West One hundred and Seventy five perches to the place of begining containing and laid Off for Seventy three acres of Land and branch cripple be the same more or less, to gether with all and Singular the Houses buildings Orchards, Gardens, Meadows, Swamps cripples Woods Ways Waters Liberties priviledges Improvements Hereditaments and Appertenances thereunto belonging, and the reversions and remainders Rents Issues and profits thereof, and also all the Estate right title Interest property claim and demand whatsoever which the aforesaid Henry Gilder deced had or might or could have in the aforesaid part or parcel of land with the Appurtenances hereby granted to the aforesaid ^part or parcel of Land with the appertenances hereby Granted to the aforesaid^ Absalom Gibs To Have and to Hold the aforesaid Seventy three acres of Land with the appurtenances hereby granted to the aforesaid Absalom Gibs his heirs and Assigns to the only proper use and behoof of him the Said Absalom Gibs his Heirs & Assigns forever, and to And for no other use intent or purpose whatsoever, In Witness whereof the Said James Miles and Susanah Gilder administrators as aforesaid by Virtue of the power and Authority to them given as aforesaid, as such have hereunto set their hands and Affixed their Seals the day and year being first aboveWritten. James Miles admr. {seal} Susanah Gilder admr. {seal}

Signed, Sealed and delivered In the presence of us William Brown. John Lockwood

Dover, February 26th 1790 Received of Absalom Gibs the Sum of Two hundred and two pounds twelve shillings and Sic pence lawful Money of this State in full Consideration Money for the above Mentioned tract of Land. James Miles

[Pound sign]202.15.0

Delaware State Kent County. Ss Be it Remembered that William Brown one of the Subscribing Witnesses to the Within Deed came into the Adjourned Court of Common pleas held at Dover in and for Kent County aforesaid the 26th day of February in the year of our Lord One thousand Seven hundred and Ninety And then and there Made Oath on the Holy Evangels of Almighty God that he Saw James Miles and Susanah Gilder Administrators of Henry Gilder sign Seal and deliver the Within deed for the uses and purposes therein specified and that he Saw John Lockwood sign his name as one other Witness to the Same whereupon came James Miles into the Same Court and then and there did acknowledge the Within deed unto Absolom Gibs with the lands and premises therein mentioned to be the right and property Of him the Said Absalom Gibbs according to the purport and effect thereof. In Testimony whereof I have hereunto Set my had and Affixed the Public Seal of Kent County aforesaid to be hereunto affixedJames Sykes Prothy.

a true Copy Test Francis Marry Recorder

Delaware, U.S., Land Records, 1677-1947, Kent County, Roll 786, Image 118, Book B, Vol 2, Page 83

Transcribed 2 Jun 2024 by Nancy Maliwesky