This Indenture made the twenty second day of March one thousand eight hundred and seventeen between John Barton and Ann Barton administratrix of John Donaldson deceased and Barnabas Benton all of town of New Paltz in Ulster County of the first part and Minard F.V.D. Bogert of the same place of the second part

Whereas Daniel Bradhead Jr. Esquire Surrogate of the County of Ulster did on the sixth day of January last past make a certain order or decree in his surrogates court in the words and figures – following to wit

  At a court held at the Surrogate’s Office in the village of Kingston in the county of Ulster on the sixth day of January in the year One thousand eight hundred and seventeen  Present Daniel Brodhead Jr., Surrogate of said county

Whereas upon the petition of Ann Donaldson administratix of all and singular the goods and chattels and credits of John Donaldson late of the town of New Paltz in the county of Ulster Deceased Presented to the said Surrogate setting forth among other things that the said John Donaldson was at the time of his death seized of a real estate within the said county of Ulster and that his personal estate was insufficient to pay his debts and praying the aid of the Surrogate in the premises an order was thereupon made on the twenty seventh day of May in the year of our Lord one thousand eight hundred and fifteen which has been published for four weeks successively in two of the Public NewsPapers printed in the county directing all persons interested in the estate of said John Donaldson to appear before the said Surrogate at the Surrogate’s office in Kingston in the County of Ulster on the twelfth day of July then next after, to show cause if any they had why so much of the real estate whereof the said John Donaldson died seized should not be sold as would be sufficient to pay his debts and no person appearing on said day to make or offer any objection thereto and whereas subsequent to the making of this order aforesaid and also subsequent to the day for the said creditors to show cause and before a decree for the sale of the real estate of the said John Donaldson the said Ann Donaldson was married to John Barton and Whereas the Surrogate of the county of Ulster hath allowed of and appointed Daniel H Ostrom a discreet and substantial freeholder guardian to Mary Donalson, Abraham Donaldson, Joseph Donaldson, Samuel Donaldson, Catherine Donaldson, James Donaldson, David Donaldson and Jane Ann Donaldson infant heirs of the estate of the said John Donaldson pursuant to the statute in such case made and provided

And now here at this day to wit on the sixth day of January in the year one thousand eight hundred and seventeen the said John Barton and Ann Barton the administratrix  aforesaid appeared before the said Surrogate whereupon the said Surrogate now here proceeds to hear the allegations and proofs produced by the said John and Ann the administratrix aforesaid and doth find and adjudge that the personal estate of the said John Donaldson has been duly expended and is insufficient to pay his debts  -- that the real estate whereof the said John Donaldson was seized at the time of his death consisted of a certain farm herein after particularly described situate lying and being in the town of New Paltz in the said county of Ulster

But that the same is so circumstanced that a part thereof cannot be sold without manifest prejudice to the heirs of the said John Donaldson  therefore the said Surrogate doth order and direct pursuant to the authority given him in and by the act entitled an Act Relative to the Court of Probate the Office of Surrogate and the granting of administrations that all the right title and interest of the said John Donaldson of in and to all that equal north half of all that certain farm being the northerly part of the easterly half of lot no eleven of three mile or river lots in the North division of the Patent of New Paltz

Beginning at Hudsons river in the division line of said lot No 11 and lot No 12 being the southeasterly corner of John Beavers lot and runs thence along the division line north seventy eight degrees west one hundred and sixteen chains (more or less) to the northeasterly corner of Alexander Youngs lot thence along a line of old marked trees south seven degrees west nineteen chains fifty links to two stones set up together in a tamarack swamp thence south seventy four degrees and fifty minutes East one hundred and sixteen chains to Hudson’s River aforesaid then up along the same as it runs about twenty four chains to the place of beginning containing two hundred and fifty acres (more or less)

Excepting and reserving the site or ground whereon the barn now stands with the priviledge in the release of equal date to Samuel Donaldson also excepting and reserving to Samuel Donaldson his heirs and assigns forever a sufficient and convenient road to the westerly part of said farm or lot be solo subject to the widows dower in the said premises

And that conveyance upon such sale or sales be thereupon executed by the said John Barton and Ann Barton the administratrix aforesaid together with Barnabas Barton whom the said Surrogate doth hereby appoint as a discreet person to execute the said conveyance with the said John Barton and Ann Barton pursuant to the statute in such case made and provided to the purchaser or purchasers thereof and the monies arising from such sale to be brought in the offices of the Surrogate of the County of Ulster

In testimony whereof we have caused the seal of office of our said Surrogate to be hereunto affixed  Witness Daniel Brodhead Jr Surrogate of the said county at Kingston the sixth day of January in the year one thousand eight hundred and seventeen and of our independence the forty first

                                                      Daniel Brodhead Jr.

And whereas the said premises and farm of land in the said order described were in pursuance of the said order and according to the provisions and directions of the act in such case made and provided advertised for sale at public auction and were sold on the twenty second day of March in the year one thousand eight hundred and seventeen to the said Minard F V D Bogert for the sum of six thousand one hundred & twenty five dollars being the highest sum bid for the same.

Now this indenture Witnesseth that the said parties of the first part for and in consideration of the said sum of Six thousand One hundred & twenty five Dollars to them in hand paid by the said party of the second part at and before the ensealing and delivery of these presents have granted bargained and sold aliened and conveyed and by these presents do grant bargain sell alien and convey unto the said party of the second part in his actual possession now being and to his heirs and assigns forever all the said farm and premises in the above recited order set forth and described and all the right title and interest of the said John Donaldson deceased in and to the same in as full and ample a manner as the said parties of the first part may or can do by virtue of the said above recited order or otherwise to have and to hold the said premises with the appurtenances unto the said party of the second part his heirs and assigns to the use of the said party of the second part his heirs and assigns forever. 

  In witness whereof the said parties have hereunto set their hands and seals the day and year first above written

Sealed and delivered             }            John Barton                               (seal)
In the presence of                   }                             her
Wm W Bogardus                    }            Ann            X      Donaldson        (seal)
                                                  }                             mark
                                                  }          Barnabas Barton                          (seal)

State of New York    }

                        On the twenty second day of March in the year one thousand eight hundred and seventeen before me William W Bogardus Master in Chancery came John Barton, Ann Donaldson and Barnabas Benton to me known who acknowledged to have signed sealed and delivered the annexed deed for the uses and purposes therein mentioned and I finding no interlineations therein.

                                                            Wm  W Bogardus

A true record entered the seventeenth day of April one thousand eight hundred and seventeen at three o clock P.M.

                                                            Christ Tappen, Clk