Saturday, January 21, 2023

WILLIAM AND SARAH NICHOL McWILLIAMS - Chapter Two

PURCHASING LAND FROM THE PENN FAMILY




Field in York County, Pennsylvania, on or Near William's Property

photo by Cindy Cruz, 2021


William first became a landowner in York County, Pennsylvania, in 1768. He joined a large number of Scotts Irish immigrants who settled on vacant land in this area but had no legal title to the land. Colonial policy was amended in 1765 to permit settlers who lived on unwarranted land on the “West Side” of the Susquehanna River to apply for an official Pennsylvania land warrant.

Land was acquired from the Proprietors of Pennsylvania through a five-step land acquisition process. This chain of events produced several documents and indices which outlined the path to legal ownership of a plat of land. Through these documents, William’s property was found be located about three miles east of Muddy Creeks Fork in Chanceford (later set off as Lower Chanceford) Township.



The Upper Right Circle Marks the Approximate Location of William's Land
The Lower Left Circle Marks Muddy Creek Forks
The Susquehanna River Runs Down the Right Half of the Map


William first submitted an Application to Warrant Land, requesting a plat of 200 acres in Chanceford Township, on 26 February 1768.

 


William's 1768 Application for Warrant


(Transcription:)

William McWilliams 200 Acres

Feb. 26, 1768

Febry 26th 1768

              William McWilliams by John Dixon applys for 200 a of vacant woodland adjoining John Dixon afd John McMullun and Nathanial Morgan in Chanceford Township York County This Land is said to have been purchased by McWilliam of one Wilson and the Deputy Surveyor is to inquire what claim Wilson had to the Land and to see if any Improvements to it, and to report on the Draught what information he can gain.                                                                                     John Dickson


Pennsylvania, Land Warrants and Applications, 1733-1952, Harrisburg, PA, Pennsylvania State Archives, Land Warrants, York County, William McWilliams, 26 February 1768; accessed www.ancestry.com, Chester, 1768, image 63-64

 

The application, written on a scrap of paper, was indexed in both alphabetical and numerical indices called warrant registers. In the second step of the land acquisition process, William was granted warrant number 4764. The warrant designated the county, township, warrantee’s name, approximate acreage and the date of issue. It placed a “hold” on the described land and was also an official order authorizing a surveyor to complete a written survey of the requested land. This warrant register notes that the survey of William’s land was recorded in book C-194, page 197.

 


William McWilliams Land Warrant No. 4764
West Side of the Susquehanna River Numeral Index


Pennsylvania State Archives, RG-17, Records of the Land Office, West Side Applications: Numeric Listing of Applications, 1766-1769, series #17.40, page 387, No. 4764, William McWilliams, 12 February 1768, Chanceford Township, York County; accessed www.phmc.pa.gov, Numeric Index of West Side Land Grant Applications, page begins with #4752, page 387

 

 

The survey was the third step in the quest for land ownership. The survey was a sketch of the tract of land made after measuring and marking the boundaries and acreage of the property. The measurements were made with a compass and surveyor’s chain and were recorded in a system known as metes and bounds. The compass courses were expressed in “degrees” of direction and the distances between corners were listed in “perches.” One perch was equal to 16.5 feet. The corners of the survey were generally marked and indicated in the description as a specific tree, post, waterway, stone, roadway, or other natural or manmade marker.


 
William McWilliams/George Robinson Survey
22 August 1831



Pennsylvania State Archives, RG-17, Records of the Land Office, Copied Surveys, 1681-1912, series #17.114, Book, C-194, page 197, Wm McWilliams, No. 4764, George Robinson, 22 August 1831, York County; accessed www.phmc.pa.gov, Images of Each Survey, “C” Volumes: volume C-194, page C-194-197 and reverse


 

The fourth step of the acquisition process was called the Return. It was an internal document from the Surveyor General of the province to the Secretary of the Land Office. Copies of the Return were seldom retained. The final step was receipt of a patent from the Proprietaries. The patent was the official granting of the first legal title to the land to the “first purchaser” of the property. The granting of the patent required a trip to the county seat and payment of the purchase price and all taxes and rents which may have accumulated between the date of the survey and the request for the patent. There were no restrictions on the length of time a warrant could be held without purchasing a patent. As a result, many families passed land down to heirs or the land was sold several times before the patent was acquired. Sometimes, the new warrants and surveys were made to replace the originals, and patents might be issued many years after the original warrant and survey were received.

William lived on his property for a few years but did not complete the paperwork and pay the required fees to receive a patent to the York County property. This document shows that George Robinson applied for a second warrant and received the patent on the York County property on 27 November 1837, almost seventy years after William's application.



George Robinson Patent
York County Patent Index, Chanceford Township, 27 November 1837

 

Pennsylvania State Archives, RG-17, Records of the Land Office, Patent Indexes, 1684-[ca.1957], series #17.147, 154 & 155, “H” Series, 1809-1957, Volume 2, 1823-1839, Surnames beginning with “R,” p. 299, volume H-38, p. 422, George Robinson, 17 January 1838; accessed www.phmc.pa.gov, Patent Index Pages, H Series, 1823-1838, Surnames beginning with “R,” page 285

 


The patent document states that William McWilliams transferred his rights to the land to George Robinson “by virtue of sundry Conveyances and the Assurances in Law” before Robinson completed the patent process. Robinson paid $55.46 to the Commonwealth for slightly more than 206 acres. The cost of the land in today’s dollars would be about $1700.



Patent to George Robinson Stating Proof of Land Transfer from William McWilliams

 

(Transcription)                             The Commonwealth of Pennsylvania                                      251

John Gebhart                                                      To all whence these Presents shall come, Greeting.

 

Know Ye, That in consideration of the sum of Fifty five dollars & forty six cents in full now paid by George Robinson into the Treasury office of this Commonwealth there is granted by the said Commonwealth unto the said George Robinson a certain tract of Land situate in Chanceford Township in York County Beginning at a white oak thence by land of John Fife south five degrees west sixty two & a half perches to a white oak south forty degrees west twenty eight perches to a post south sixty degrees East seventy eight perches to a chestnut & south fifty degrees west thirty eight perches to a chestnut thence by land of William Stewart south thirty one degrees East seventy six perches to a chestnut south twenty five degrees East seventy three perches to a chestnut & north seventy degrees East one hundred and three perches to a post thence by land of James Logue north ten degrees west thirty perches to a white oak & north forty three degrees East one hundred & sixteen perches to a white oak thence by land of Samuel Cameron north seventy six degrees west forty two perches to a black oak south forty three degrees west sixty perches to a Spanish Oak north five degrees west seventy six perches to a white oak north fifty five degrees East thirty perches to a black oak & north eleven degrees west thirty nine perches to a black oak thence by land of James Fullerton south seventy two degrees west sixty perches to a white oak north thirty eight degrees west thirty six perches to a white oak & north sixty degrees west sixty nine perches to a post thence by land of Andrew Clarkson south seventy four degrees west forty seven perches to the Beginning Containing Two hundred and forty nine acres one hundred and three perches and allowance &c

              Which said tract of Land was surveyed by virtue and in pursuance of an order in application No. 4764 entered the 26th day of February 1768 in the name of William McWilliams & whereas the right of the said William McWilliams in and to the said tract by virtue of sundry Conveyances and the Assurances in Law became vested in the said George Robinson to whom a Warrant of Acceptance issued this day with the appurtenances

              To Have and to Hold the said tract or parcel of Land with the appurtenances, unto the said George Robinson & his heirs to the use of the said George Robinson his heirs and Assigns forever.

Free and clear of all restrictions and reservations, as to Mines, Royalties, Quit-rents, or otherwise, excepting and reserving only the fifth part of all Gold and Silver Ore, for the use of this Commonwealth, to be delivered at the Pit’s Mouth, clear of all charges.

              In Witness Whereof, John Gebhart Secretary of the Land Office of the said Commonwealth, hath hereto set his hand, and the Seal of the Land Office of Pennsylvania hath been hereunto affixed, the twenty seventh day of November, in the year of our Lord, one thousand eight hundred and thirty seven and of the Commonwealth the sixty second

              Attest: Jos Henderson Deputy Secretary Land Office.

 

Pennsylvania Bureau of Land Records, Harrisburg, Pennsylvania, Patent Books, 1676-1960, Patent Book H-38, page 251, George Robinson, 27 November 1837; www.familysearch.org, filmstrip 1028881, DGS 8715707, volume H, page 251, image 78

 

NEXT - THE MILLER’S DAUGHTER

 

 

 


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