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 THE 
 
 GENERAL TITLE 
 
 OF THE 
 
 PENN FAMILY 
 
 TO 
 
 PENNSYLVANIA 
 
 AN ABSTRACT PREPARED BY THE HONORABLE 
 
 JOHN CADWALADER, A.M., LL.D., 
 
 DECEASED 
 
 CONtlNUED TO THE PRESENT TIME BY 
 
 WILLIAM BROOKE RAWLE, A.M. 
 
 PHILADELPHIA 
 1900 
 
THE 
 
 GENERAL TITLE 
 
 i 
 
 ■' OF THE 
 
 PENN FAMILY 
 
 TO 
 
 PENNSYLVANIA 
 
 AN ABSTRACT PREPARED BY THE HONORABLE 
 
 JOHN CADWALADER, A.M., LL.D., 
 
 DECEASED 
 
 CONTINUED TO THE PRESENT TIME BY 
 
 WILLIAM BROOKE RAWLE, A.M. 
 
 PHILADELPHIA 
 1900 
 
 3^3 
 
 Vw'' 
 
 ="/// 
 

 70063 
 
 Reprinted from 
 " 7y^(? Pennsylvania Magazine of History and Biography.''^ 
 
CONTENTS. 
 
 PAGE 
 
 Introductory 5 
 
 Abstract of the title as prepare 1 by Judge Cadwalader . . 6-56 
 Item No. 1. Charter, March 4, 1681, King Charles II. to Wil- 
 liam Penn for the Province of Pennsylvania . 6 
 
 " 2. Declaration, April 2, 1681, King Charles II. to 
 
 Inhabitants of Pennsylvania .... 8 
 
 " 3. Release, October 7, 1708 (reciting Lease) being a 
 Mortgage of the Province of Pennsylvania and 
 the Three Lower Counties, by William Penn, 
 Senior, and William Penn, junior, to Henry 
 Gouldney et al 8 
 
 " 4. Will. May 27, 1712, of William Penn ... 9 
 Deed Poll of Appointment, November 18, 1718, of 
 
 Hannah Penn 11 
 
 Will, September 11, 1718, of Hannah Penn . . 12 
 
 " 5. Deed Poll of Appointment, January 7, 1725, of 
 
 Hannah Penn 12 
 
 Decree, July 4, 1727, of Court of Exchequer in case 
 of John Penn et al. vs. Springett Penn et al. . 13 
 
 " 6, Indenture of Agreement, July 5, 1727, between 
 
 John Penn and others . . . . .14 
 
 " 7. Lease and Release, January 13 & 14, 1729, Joshua 
 Gee et al. to John and Thomas Penn and Trus- 
 tees of Richard Penn in satisfaction of the mort- 
 gage of October 7, 1708 16 
 
 " 8. Indenture of Release, June 24, 1735 (reciting Lease) 
 Samuel Preston et al. Surviving Trustees of the 
 Will of William Penn (the Founder) to John 
 and Thomas Penn and Trustees of Richard Penn 18 
 9. Lease and Release, September 22 & 23, 1731, 
 William Penn (3d) et al. to John and Thomas 
 Penn and Trustees of Richard Penn for the 
 general right to the soil and Government . . 19 
 
 " 10. Indenture of Grant, February 11, 1743, John, Earl 
 Poulett to John and Thomas Penn and Trustees 
 of Richard Penn for the Government . . 21 
 
 " 11. Articles of Agreement, May 8, 1732, between John, 
 
 Thomas and Richard Penn to create the entail . 23 
 
 " 12. Release, May 28, 1742, La^titia Aubrey to John, 
 
 Thomas and Richard Penn . . . . 2Q 
 
 " 13. Will, October 20, 1746. of John Penn creating the 
 
 entail as to one-half 26 
 
 " 14. Release, April 80, 1763, Philadelphia Hannah 
 Frseme to Henry Wilmot In Trust for Thomas 
 Penn . 29 
 
iv Contents. 
 
 Item No. 15. Articles of Agreement, January 31, 1750, between 
 
 Thomas and Richard Penn regarding the entail 30 
 Articles of Agreement, March 20, 1750, between 
 Thomas and Richard Penn regarding the entail 34 
 
 " 16. Lease and Release, August 14 and 15, 1751, Mar- 
 riage Settlement of Thomas Penn creating the 
 entail as to one-fourth 35 
 
 " 17. Will. November 18, 1771, of Thomas Penn, and 
 Codicils, July 11 and July 18, 1772, and June 23, 
 
 1774 44-47 
 
 Act of Assembly of Pennsylvania, November 27, 
 1779 -Divesting Act 47 
 
 " 18. Act of Assembly, March 28, 1787, regarding the 
 payment of the compensation money received 
 under the Divesting Act 49 
 
 " 19. Appointment, June 8, 1790, Lady Juliana Penn etal. 
 English Executors of Thomas Penn to the legal 
 representatives of the survivor of the Trustees, 
 devisees named in the Will of Thomas Penn of 
 his private estates in Pennsylvania . . .50 
 
 " 20. Will, March 21, 1750, of Richard Penn creating 
 the entail as to one-fourth, and Codicils, January 
 15, 1756, March 13, 1760, December 24, 1763, 
 and July 13, 1768 50-54 
 
 " 21. Will, January 2, 1795, of John Penn (2d) . . 54 
 
 " 22. Indenture, May 17, 1774, Richard Peters and others 
 Devisees and Trustees named in Will of Richard 
 Penn to John Penn (2d), release and disclaimer 
 as to manor and reserved and purchased lands . 54 
 
 " 23. Articles of Agreement, March 14, 1787, between 
 John (2d) and Richard (2d) Penn as to division 
 of the compensation money . . . .55 
 Note as to the case of Richard Penn v. Executors of John Penn 56 
 
 Continuation of the title, through the entailment, with genealogi- 
 cal details 57-75 
 
 Share of John Penn 58-62 
 
 " Thomas Penn 62-65 
 
 Richard Penn 65-69 
 
 Analysis of the entail title, termination of the male entail, and 
 
 vesting in tail general in the Stuart branch . . . 69-71 
 Barring of the entail by Deeds of August 5, and Sept. 2, 1870 71-72 
 Confirmation by Deed of Nov. 11, 1870, of grants by former 
 
 Tenants in tail male 72-73 
 
 Subsequent devolution of the title to William Dugald Stuart 73-75 
 
 Conclusion 75 
 
THE GENERAL TITLE OF THE 
 PENN FAMILY TO PENNSYLVANIA 
 
 I. 
 
 The following paper was prepared many years ago by the 
 Hon. John Cadwalader, now deceased. At the time he was 
 the Pennsylvania counsel for the Penu family, in which ca- 
 pacity he continued to act until his elevation in 1858 to the 
 Bench of the United States District Court for the Eastern 
 District of Pennsylvania. He was eminently and particu- 
 larly well qualified for the task of examining, collating, and 
 abstracting the voluminous and intricate muniments of the 
 Penn title, most of which were at the time in his possession. 
 Moreover, he was without comparison the best informed 
 and the most learned of his profession regarding the early 
 titles to, and the law of, real estate in Pennsylvania, which 
 he had made his particular study. 
 
 As the late Eli K Price, Esq., wrote in 1871, in an article 
 on " The Proprietary Title of the Penns," published in 
 " The American Law Register :" " For more than a cen- 
 tury few even in the legal profession have understood the 
 precise nature of the title and the powers of the Penns to 
 the soil in Pennsylvania; and they have always been so 
 honorably represented as to give to settlers and purchasers 
 entire confidence, without inquiry into the wulls, articles of 
 agreement, and marriage settlements of the family, few of 
 which were of record or accessible within the province or 
 State." 
 
 This remarkable absence of general information continued 
 until after the death, on September 10, 1869, without issue, 
 of the Rev. Thomas Gordon Penn, the last descendant of the 
 Founder bearing his family name, and the last tenant in tail 
 male of the estate. In order to then ascertain definitely 
 its further devolution, the muniments of the title were 
 
 5 
 
6 The General Title of the Penn Family to Pennsylvania. 
 
 gotten together by the late William Henry Rawle, Esq., 
 the counsel for the estate ; and as they were exceedingly 
 voluminous and difficult to handle, and written, most of 
 them, on parchment, in old, faded court hand, they were, 
 for more convenient reference and study, printed under his 
 directions in a pamphlet of 177 pages, entitled, " Articles, 
 Wills, and Deeds Creating the Entail of Pennsylvania and 
 the Three Lower Counties upon Delaware in the Penn 
 Family." It was from these original papers and other 
 sources that Judge Cadwalader had prepared the following 
 "Abstract of Title," which has always accompanied the title 
 papers themselves, and with them is now in the possession 
 of the Historical Society of Pennsylvania. The inquiries 
 of late for information regarding the devolution of the Penn 
 general title has suggested the present publication. In the 
 original manuscript, which is otherwise strictly followed, 
 the notes, citing authorities, etc., appear in the margins. 
 They are here printed as foot-notes. 
 
 ABSTRACT OF THE GENERAL TITLE 
 
 OF THE REPRESENTATIVES OF THE LATE 
 
 PROPRIETARIES OF PENNSYLVANIA 
 
 N°l. 
 
 1681 31ch 4. Charter' Ch&x\QQ 2<^ "to William Penn Esq 
 Proprietary & Gov" of Penn''" 
 
 Sect 1 Gives & Grants to W. P. his heirs ^ Assigns, Tract 
 of Land in America with all Islands therein Contained, 
 gdea -j^ J3y liiver Delaware from 12 miles distance North of 
 Kew Castle to 43^* Degree ITorth Lat. if the River extend 
 Northw'^ so far, if not, then by the River so far as it does 
 extend & from its head by a Meridian Line to be drawn 
 therefrom to 43'' Degree K. Lat. Extend^ Westw"^ 5 Deg. 
 
 '5 Sm. LI 406, 411 ; 1 Proud 171, 187 ; & see the page of Ft-oiid pre- 
 ceding & the one following this citation. Also Gordon 55 to 57 <& 549. 
 
 Exemplification from the Office of the Sec^' of Com"^ 
 
 The origl Charter is in the Office of the Sec^ of the Commonwealth 
 where it was deposited 21 Feby 1812 ; 5 Sm LI 411 . 
 
 The exemplification is made evidence by the Act of 31" March 1823. 
 Purd 258. 
 
The General Title of the Penn Family to Pennsylvania. 7 
 
 Long, from the E. Bounds— N. by 43* Degree N. Lat. S. 
 by a circle drawn at 12 Miles dist. from New Castle N. W, 
 to Begs of the 40"' Beg. N. Lat. thence straight west to the 
 Limits of Longitude above mentioned. 
 
 3. Constitutes W. P. his heirs & Assigns true & absolute 
 proprietaries of the premises Reserving the allegiance of him 
 his heirs & assigns & " of all other the proprietaries Tenants 
 & inhabitants" & the Sovereignty 
 
 Habendum the premises to W. P. in fee 
 
 Tenendum of the King in free & common socage by Fealty 
 only for all Services and not in Capite or by Knight's Service 
 
 Reddendum yearly 2 Beaver Skins & 1/5 of Gold & Silver 
 ore clear of all charges 
 
 Constituting the premises a Province & seignory nomine 
 Penns'^ 
 
 6. English law as to Gov' of property descent succession 
 & enjoy m* of Lands goods & chattels & as to felonies, to 
 continue until altered by the Proprietary & Legislature. 
 
 17. Gives & Grants to W. P. his heirs and assigns abso- 
 lute authority to dispose of the premises in parcels at their 
 pleasure, in fee simple, fee tail, for life lives or years, pur- 
 chasers to hold of W. P. his heirs & assigns as of the Seign- 
 iory of Windsor by such services customs & rents as shall 
 to him or them seem fit and not immediately of the Kings 
 of England. 
 
 18. Notwithstanding the Stat, of Quia Emptores 
 
 19. Mnpoivers^ W. P. and his heirs (& such tenant of any 
 estate of inheritance under him or them as he or they may 
 license) to erect Manors within the limits of any Manor, to 
 grant lands tenend : of such manor, but without extending 
 
 ^ In the Conditions & concessions agreed upon with the first purchas- 
 ers 11 July 1781 " 9*'y In every 100.000^ the Gov"" & proprietary by Lot 
 reserveth 10.000 to himself which shall lie but in one place ; " 5 Sm. 
 LI. 412. 
 
 In Penn v. Kline Washington J. says " There vfere no manors in Penns"^ 
 in a legal acceptation of that word. But there were many tracts of land 
 appropriated to the separate use of the proprietaries to which this name 
 had been given ;" Peters 0. C. P. 500 {n), 9 Wheat 258, 2 Yeates 572, 
 2 Bin 476.^ 
 
8 The General Title of the Penn Family to Pennsylvania. 
 
 the right of subinfendaiion which is prohibited as to sub- 
 sequent alienations. 
 
 23. If doubts arise as to Construction of this charter, it 
 shall be interpreted (saving the allegiance without preju- 
 dice) in the manner most favorable to W. P. his heirs and 
 assigns. 
 
 N" 2. 
 
 1681 April 2. Declaration} Charles 2^ to the Inhabitants of 
 Penns'' 
 
 Recites grant by Charter. 
 
 Commands obedience to W. P. his heirs & assigns " as 
 absolute Proprietaries &c'"' 
 
 N° 3. ^ 
 
 1708 Oct. 7. Release^ (reciting Lease) being a Mortgage by 
 W"" Penn Sen'' & Wm. Penn Jun' his son & heir apparent to 
 Henry Gouldney, Joshua Gee, Silvanus Grove, John Woods, 
 Thomas Callowhill, Thomas Oade, Jeffery Pennell & Thomas 
 Cuppage in fee to secure the repayment in two years with 
 6 p'' c* Interest of £6600. which W. P. Sen'^ had borrowed of 
 the mt^^^' in the following proportions viz : of H. G., J. G., 
 S. G., & J. W, £3100. of T. C. £1000. of same T. C, T. O. 
 & J. P. £1500. of J. F. & T. Cuppage £1000. 
 
 Grants all Penns*^ and three lower Counties saving to the 
 
 ' Dupl. Orig' ; also an ancient printed copy. 
 
 1 Proud 189 n. 
 
 ^ Orig' endorsed as having been enrolled in chancery ; 4 subscribing 
 witnesses. 
 
 2 Sm. LI. 144; 1 Proud 485 n ; 2 Proud 115 ; Gordon 155. 
 
 The Keceipts for the respective portions of m'^'^ money paid by the 
 several m'^''" are 4 in number & each is attested by John Page who is 
 also a subscribing witness to the delivery of the Deed — & a subscribing 
 witness to Several of the subsequent Title Papers. 
 
 One of the Endorsements on this M's« calls him John Page Gent^ w" 
 as well as the name & handwriting identifies him with the same John 
 Page who was dead in 1762 as appears from the affdt annexed to No. 5 
 infra. 
 
 [I have seen his name subscribed as attesting the execution of a Deed 
 dated 1703.— J. C] 
 
The General Title of the Penn Family to Pennsylvania. 9 
 
 heirs of the Duke of York all the rents & profits of the 
 premises by him reserved & the free use of all port ways & 
 passages. 
 
 Excepting 4000^ Manor of Pennshury & 5000^ conveyed by 
 W. P. Sen"^ to W. P. J-^ Oct. 22. 1681. & all the premises 
 granted to T. Collett, M. Russell, D. Quare and H. Gouldney 
 Aug. 12. 1699. & 5000^ granted by W. P. J-^ to I. Norris & 
 W. Trent & all other Lands by the Same Lease & Release 
 granted — and such other Lands as had been granted by 
 W. P. Sen'' with the reservation of the Quit Rents included 
 in this M*s^ 
 
 Covt. of W. P. to pay the Mtge money & that he & his 
 son have right to convey ; that upon Default in pay^ Mtge 
 Money mtgees may hold possession & sell and dispose of the 
 premises by themselves or by attorney & for better Securing 
 its repay* 
 
 Assign all dues of purchase money & arrears of rents with 
 power to collect the same & authority to make insurance 
 on all remittances of Monies collected ; charges of selling & 
 collecting & premiums of Ins : & all charges risks & hazards 
 of loss to be born by W. P. & deducted out of proceeds 
 
 Cov^. of W. P. not to revoke authority until mtgees fully 
 paid 
 
 It being the declared understanding that the mtgees shall 
 as soon as may be collect their mtge money at the cost & 
 peril of W. P. but shall be accountable to him for any 
 surplus. 
 
 No 4. 
 1712 May 27. WUl' of W. Penn 
 
 ^ Exempl"^ Probate 1718 Nov. 3. before Prerog. Ct. Cantab duly- 
 proved & recorded in Phil ad" Co^ Register's Off : as p"" Cert: annexed. 
 The witnesses who make probate are Simon Clements Esq & John Page 
 Gent" 
 
 All of this Will except the parts merely formal is set forth 2 Proud 
 115, 117 & n: (see Gordon 177) [1 Proud 486 n. 2 Proud 115 n. 2 do 116 n 
 proves that those marked X were then or soon after dead, & by com- 
 paring 1 Proud 485 n. with the same references it w* seem that Th : Gal- 
 lowhill was also dead. 
 
a 
 
 10 The General Title of the Penn Family to Pennsylvania. 
 
 Recites, Settlem* whereby his eldest son provided for 
 Devises residue as follows viz 
 
 The Gov^ to Trustees to sell. — 
 
 The lands &;c* rents ^c« in Penns^' to Trustees, 
 
 Hannah Penn 
 
 Th: Callowhill 
 X Marg* Lowther 
 X Gilb* Heathcote 
 X Sam^ "Waldenfield 
 
 John Field 
 
 Henry Gouldney 
 
 X Sam^ Carpenter 
 Rich-^ Hill 
 ^ J Isaac Norris 
 f2 Sam^ Preston 
 
 I James Logan 
 
 1'' to sell for pay* of debts 
 
 2**'^ to convey to each of 3 children of his son W" (viz) 
 Gulielma Maria 
 Springett & 
 William 
 10,000^ to be set out 
 3^'^ to convey all the rest of his American real Estate 
 to & amongst his children by his present wife, in such pro- 
 portion & for such estates as she shall think fit 
 
 after previously conveying 10,000^ in such places as the 
 Trustees shall think fit to his daughter Lsetitia Aubrey 
 whom he had omitted to name before 
 
 All his personal estate to his wife whom he makes Sole Ex* 
 "for the equal benefit of her and her children" and to 
 whom by a Codicil he devises out of the rents of Penns'' an 
 Annuity of £300. for life " & for her care & charge over 
 my children in their education of w^ she knows my mind; 
 as also that I desire they may settle at least in good part, 
 
 ' These two were in 1735. the only survivors of the 12. 
 
The General Title of the Penn Family to Pennsylvania. 11 
 
 in America, where I leave them so good an Interest to be 
 for their inheritance from generation to generation," 
 
 1718 July 30 Died} W. Penn set. 74. 
 2 Proud 115. Issue of his first Marriage 
 '^ William (whose Issue were 
 Gulielma Maria 
 Springett & 
 William) 
 Laetitia [Aubrey] 
 
 Issue of 2'' marriage 
 f John ^ 
 
 I Thomas I 
 ■{ Margaret )■ all minors 
 I Richard j 
 I Dennis j 
 
 1718 Nov. 18 Apjmnimeni^ of Hannah Penn Deed Poll 
 
 Recites Will of W. P. 1^' 
 
 Appoints all the rest & residue of the Province w^ sh*^ re- 
 main after fulfilling the provisions of the will for the 3 chil- 
 dren of Wm. P. the Son of the Founder and for Laetitia 
 Aubrey & paying the Annuity of £300. p. an. to herself, 
 
 Subject to the Testator's debts 
 to be conveyed by the Trustees 
 
 I" to use of John Penn in fee 
 
 & f to use of her then 3 younger children by the Founder, 
 Thomas, Richard §- Dennis as jointenants. 
 
 Proviso, if John do not pay her daughter Margaret £1500. 
 at her marriage or full age whichever sh** first happen after 
 his purpart conveyed to him or he sh*^ come into possession, 
 \ of John's share shall go to Margaret in fee 
 
 Proviso enabling her to revoke & alter this appointment 
 at any time before Conveyances actually executed by the 
 Trustees in pursuance of her directions as above by any 
 writing under Seal executed before 2 witnesses 
 
 1 2 Proud 105. Gordon 172. 
 
 2 This deed is recited in No. 6 infra. 
 
12 The General Title of the Penn Family to Fennsylvania. 
 
 1718 Sept 11 Will' of Hannah Penn 
 
 Recitesin part the will of her husband & the power thereby 
 given her in pursuance whereof She 
 
 Appoints that residue Sic"" after paym' of his debts & her 
 own shall be divided into 6 parts whereof 3 to Joh7i in fee 
 on condition that he pay his sister 31argaret £2000. on her day 
 of Marriage or full age & the remaining 3 parts to her 3 
 other sons Thomas, Richard ^ Dennis & " their respective 
 heirs each one 6"" part " & in case of either of them dying 
 before the age of 21 his share to survivers. 
 
 W 5. 
 1725 JarCJ 7. Appointment of Hannah Penn, Deed PoW 
 Recites the will of her husband & that since it was made 
 
 Th: Callowhill 
 Margaret Lowther 
 Gilbert Heathcote I are 
 Sam^ Waldenfield I dead 
 John Field & 
 Henry Gouldney 
 
 That Nov. 18. 1718. she had made an appointment under the 
 power in her vested by the will of W. P. by which appoint- 
 ment she had reserved to herself the power of revoking it 
 
 &C'' 
 
 ' Recited in No. 6 infra. 
 
 This will is stated to have been executed before 5 witnesses & to have 
 been left uncancelled. But qu: if not revoked by No. infra. 
 
 ''Rec'^ 1802 Oct. 20. in New Castle County Delaware in Book Y. Vol. 
 2. Fol. 149. Recorded at Philad'' 22'' July 1829 in Book G. W. R. 31, 
 page 40. 
 
 Attested by 3 subscribing witnesses 8 Clement, John Page, Rich^ Beak 
 proved before the L"^ Mayor of London by Rich^ Beale who deposes that 
 of the other two witnesses John Page is dead & he believes that Simon 
 Clement is dead. 1672 Aug 10. N. B. These two dec"* witnesses are the 
 same who made Probate of the will of W. Penn. The proof by the oath 
 of one witness good by the Act of 28 May 1715. Sect. 4. Purd. 162-3. 
 for Deeds made oxit of the Province. 4 Binney^s Reports 208-9. 
 
The General Title of the Penn Family to Pennsylvania. 13 
 
 That her son Dennis was since dead. 
 
 John, Thomas, Richard, ^^ 31argaret, her only children by 
 the s"^ Testator 
 
 Appoints the premises as follows (subject to the other 
 Trusts and provisions declared in the Will) 
 
 That 500^ be conveyed to Margaret in fee 
 
 That of the residue 
 ^ be conveyed to John in fee charged with pay' to Mar- 
 garet of £500. within two years after he comes into posses- 
 sion of the premises and of an annuity of £40. afterwards 
 during her life for her separate use & the pay' of £1000. 
 equally among her children within 3 Months after her death 
 (if John then in possession otherwise within one year after 
 his coming into possession) & if she die without child or 
 children or none reach 21 3'ears of age the £1000. to be 
 equally divided among John, Thos. & Rich'^ 
 
 That the other | be conveyed to Thomas & Richard in fee as 
 Jointenants 
 
 WITH POWER OF REVOCATION. 
 
 1727 July 4.. Decree' of C of Exchequer 
 
 John Penn, Thomas Penn, Richard Penn & Margaret 
 Penn, Plffs 
 
 V. 
 
 Springett Penn Son & heir of AVm. P. son of the Founder 
 & al : Dfts 
 
 Confirms the will & Codicil of Wm Penn the Founder 
 
 1 Recited in No 6 & No 7 & No 8 infra 
 {See Gordon 178). 
 
 " As to the Proprietaryshii), it is well known it was some time in 
 controversy & the will of William Penn was finally established & the 
 right declared to be in the younger Branch of his Family " 2 Sm. LI 
 145, * * * " the litigation respecting the will which was established in 
 the Court of Exchequer in July 1727 & not before" — ib. 148. 
 
 2 Proud 123-4-5 says inter alia " John, Thomas & Richard Penn the 
 Surviving Sons of the younger branch of the family thenceforward the 
 Proprietaries." 
 
14 The General Title of the Penn Family to Pennsylvania. 
 
 N°. 6 
 
 1727 July 5. Indenture of Agreement^ 
 Parties 1. John Penn 
 
 2. Thomas Penn 
 
 3. Richard Penn 
 
 4. Margaret Penn 
 
 5. Thomas Frseme (her then intended hus- 
 
 band whom she afterwards married) 
 
 6. Joseph Wyeth & Silvanus Bevan 
 
 Recites, that Hannah Penn (the Founder's 2'* wife) is dead 
 that John Penn is her Adm'' c. t. a. & also Adm'' c. t. a. of 
 his Father 
 
 The ivill of the Founder (No. 4 Supra) published about the 
 Beg^ of Mch 1711 & republished & coulirmed 27 May 
 1712. 
 
 H. Penn's Appointm' 18 N"ov. 1718 
 
 " do 7 Jan^ 1725 (No. 5 Supra) 
 
 '^ Will 11 Sept 1718. 
 
 that Dennis Penn died 6 Feb^ 1722 under age & without 
 Issue & that of the children of W. P. the founder and his 
 " last wife " there now only remain John, Thos, Richd & 
 Margaret 
 
 The Decree Exch : 4 July 1727 
 
 That since the death of Hannah P. (who left her will un- 
 cancelled) several doubts had arisen & several disputes & 
 controversies were likely to arise touching & concerning the 
 Estate of the Founder & the said appointments & will of hi& 
 widow. 
 
 That this agreement is to settle & adjust all doubts &c'' 
 
 That Hannah P. did not in her lifetime receive any part of 
 or insist on the annuity of £300. mentioned in the Codicil 
 of her husband's Will — 
 
 ' Recorded at New Castle Delaware 28 Oct. 1802 in Book Y. Vol. 2. 
 Fol. 155. and at Philad" July 22. 1829. in G. W. R. 31. 43. 
 
 Executed by the parties of the 1^' 2*^ 3** 4"' and 5"* parts in the pres- 
 ence of John Page & Rich"* Beale of whom the latter on the 5 Aug 1727 
 deposes before the Lord Mayor of London to its execution, describing 
 himself as Richard Beale Clerk to John Page Gentleman. 
 
The General Title of the Penn Family to Pennsylvania. 15 
 
 Declares the same to be extinguished & that the Estate of 
 the Founder was discharged therefrom & from all arrears 
 
 Covenants 
 
 That Margaret or her Representatives shall not have or 
 claim the 500"^ which it was directed she sh** have by H. 
 Penn's Appointment of 7 Jau^ 1725 or any real estate under 
 the will of the Founder, she releasing all claim of benefit 
 therefrom except as hereinafter mentioned 
 
 That Subject to the devises in the Founder's will in favour 
 of the 3 children of his Son W"' & that in favour of L. 
 Aubrey & subject to the Founder's debts 
 
 John Penn shall hold in fee 
 
 I of his father's Real Estate in America discharged of all 
 demands of his sister Margaret excej^t the provision herein- 
 after made for her & except likewise the Sum of £300. due 
 from the Executrix of her father more particularly mentioned 
 in an Indenture between the said parties of even date herewith 
 
 Thomas Penn & Richard Penn shall hold in fee the other 
 J of their father's real estate in America as Tenants in Com- 
 mon & not as Jointenants & shall for that purpose when re- 
 quired mutually execute conveyances &c'' Subject as above to 
 devises & debts of their Father & discharged of all the claim 
 of Margaret except that of the debt of £300. due to her as 
 above 
 
 Proviso, charging John's moiety with £500. pble to Mar- 
 garet or her Representatives within 6 months after their 
 father's debts are paid or sufficient money raised therefor 
 & after John or his Representatives shall or might have rec'^ 
 80 much money from his moiety of the premises 
 
 Cov^ of John to pay the Same accordingly 
 
 do & Declaration that his moiety be charged with annuity 
 to his sister Margaret for life of £50 unless legal Int. sh*^ be 
 reduced to 4 p/c or lower in which case £40. pble quarterly 
 the first pay' on the quarterday next after the £500. shall 
 have become due as above, the annuity to be for her separate 
 use 
 
 Also that his moiety be charged with pay* of £1000. within 
 3 months after death of his sister Margaret to the party of 
 
16 The General Title of the Penn Family to Pennsylvania. 
 
 the 6'^ P' hereto In Trust for Margaret's children as she 
 might appoint by deed writing or will executed in presence 
 of 2 witnesses — for want of appointra' to be divided equally 
 among the children then alive — for want of any child or 
 children Subject to her appointm' for want whereof to her 
 legal representatives. No part of the £1000. to be p*^ to 
 any child during its minority unless she direct otherwise & 
 that in the meantime the money be invested & the inter- 
 est applied to the education and Maintenance of the 
 children 
 
 The pay* of the £1000, not to commence until 6 months 
 after the Founder's debts are paid nor until 6 months after 
 John or his Representatives shall or might have received 
 £1000. out of his Moiety. 
 
 Covenant that Rich"^ Hill 
 Isaac Norris 
 Sam* Preston & 
 James Logan 
 
 " the now surviving Trustees as to the s*^ real estate in America 
 named in the will of the" Founder and the survivors & sur- 
 vivor shall make Conveyances &c : for better assurance &c : 
 in Conformity with the Premises 
 
 do — that the future expense of any Controversy about the 
 Founder's will be borne 
 
 f by John & his Rep^ 
 
 f by Th : & Rich : respectively & their respective rep' 
 
 & ^ by Margaret and her Rep^ 
 
 N". 7 
 
 1729 Jany 13 & U. Lease & Release^ 
 
 ' Orig'^ executed in presence of 4 witnesses of whom one is the same 
 John Page 
 
 Also Exempl" of the Record of the Release from an orig^ duly proved 
 by two of the subscribing witnesses before a Justice of the Peace of 
 Philad'' County where it was Rec<^ 28 June 1731 F. 5. 231. 
 
The General Title of the Penn Familjj to Pennsylvania. 17 
 
 Release, Parties 1. Joshua Gee & John Woods 
 
 2. Richard Penn 
 Thomas Frserae & 
 Margaret his wife 
 
 3. John Penn and 
 Thomas Penn 
 
 Recites John, Thomas & Rich'^ Penn & Margaret Fraeme 
 are all the Surviving children of the Founder by Hannah 
 his 2'* & last wife 
 
 do, that John is Adm'' c. t. a. of both his mother and his 
 father 
 
 do, the Mtge of 7 Oct. 1708 (K" 3 supra) 
 
 do, the Avill of the Founder (N" 4 supra) 
 
 do, the Decree of Exch : 4 July 1727 (Supra) 
 
 do, the Articles 5 July 1727 (N" 6 Supra) 
 
 Recites (as does also the Lease) that the whole mtge 
 money has been repaid the mtgees of the Deed of 7 Oct. 1708 
 & that the mtgees are all dead except the Party of the first 
 part hereto in whom the mtged premises are vested by sur- 
 vivorship 
 
 That all persons anyways interested in the mtge money 
 have released and discharged it 
 
 Grant & release the whole to John & Thomas in fee, Haben- 
 dum as to f for use of John in fee, Subject to the devises 
 & debts of his Father & charged for the benefit of Mrs 
 Freeme with the payments provided for by the Articles of 
 July 5. 1727 (N" 6 Supra) i for use of Thomas in fee Subject to 
 the devises & debts of the Founder & such pay'' as are charged 
 on it by the same articles — & as to the remaining \ to the 
 use of John & Thomas & arid their heirs (subject to the devises 
 & debts of the Founder & the charges of the same articles) 
 In Trust for Richard infee^ 
 
 Cov^ of each of the Party of V^ P* Separately that he has 
 not wilfully done &c : 
 
 ^ Altho the conveyance is by Lease & Release yet the terms of it are 
 such as create a Trust for Richard & not a use executed in him. Doe d. 
 Lloyd V. Passingham 6 Barnew. & C 305, Contra 1 Wash C C i? 74 ; but 
 ace : 4 Watts 118 and [unfinished] 
 
18 The General Title of the Penn Family to Pennsylvania. 
 
 Release by Parties 2""* & 3** p* to party V^ P* of all demands 
 Ace*' reckouiugs &c : for or concerning the s*^ Mtge &c : 
 
 Oov^ of parties 2^ & 3d p'' to keep party 1'* P' & their Eeps 
 indemnified from all claims arising out of or relating to the 
 
 N°. 8 
 17SS June 24- Indenture of Release^ (reciting Lease) 
 Parties — 1. Sam' Preston & James Logan 
 
 2. Thomas Fraeme & Margaret his wife 
 
 3. John & Thomas Penn 
 
 4. Richard Penn 
 
 Recites John, Thomas, Rich"^ & Margaret to be the only 
 surviving children of the Founder by Hannah his wife now 
 also deceased 
 
 do, the mtge of 7 Oct. 1708 
 
 do, the Founder's Will 
 
 do, the decree of Exch : Confirming it — 4 July 1727 
 
 do, the Articles 15 [5] July 1727 
 
 do, the pay* of the mtge monies & reconveyance by the 
 Surviving Mtgees 14 Jan^ 1729 (N° 7 Supra) 
 
 do, that T. Callowhill, M. Lowther, G-. Heathcote, S. 
 Waldenfield, J. Field, H. Goldney, S. Carpenter, Rich"* 
 Hill, & I. Norris are dead whereby the Estate devised by 
 the Founder's Will was become vested by Survivorship in 
 the Party of 1'* P 
 
 ^ Orig' executed by all the Parties except John & Ricliard Penn Exe- 
 cuted in the presence of 4 witnesses of one of whom the handwriting 
 as also that of James Logan the grantor is proved Nov. 26. 1803 by 
 the affidavit of Ch. Justice Shippen before Judge Peters. 
 
 Recorded on the 15 Nov. 1809 at Newcastle Delaware in Book H. 
 Vol. 3. Fol. 189. 
 
 Also an Exemplification from the Record at Phil" F. 7. 338 duly 
 proved & executed by all the Parties,^ 
 
 An Orig' of this Release executed by all the Parties and duly proved 
 was recorded at Phil" 13 Oct. 1736 Book [F.J Vol. 7. 338. 
 
 ^ [An Exempl" procured from said record is mentioned in the oppo- 
 site margin.] 
 
The General Title of the Penn Family to Pennsylvania. 19 
 
 Grant k release the premises [at the special instance & 
 request of Rich*^ P. & M'' & Mrs Frseme witnessed and by 
 their sealing and Delivery hereof] to John Penn & Thomas 
 Pen7i and their heirs 
 
 Habendum, subject to the respective devises debts annui- 
 ties payments sum & sums of money under which the par- 
 ties hold or are respectively intended to hold the same by 
 the Articles of July 5. 1827 
 
 f to John in fee 
 
 ^ to Thomas in fee 
 
 & ^ to John & Thomas & their heirs for the use of Rich- 
 ard & his heirs^ 
 
 Cov^ of Trustees severallj^ that they have not willingly 
 done &c : 
 
 Acquittance of the Trustees & Gov' of John, Thomas & 
 Richard to save them harmless. 
 
 1731 Sept 22 ^ 23. Lease <f- Release^ 
 
 Parties — 1. W™ Penn recited to be Brother & Heir of 
 Springett Penn who was eldest son & heir 
 of W"" Penn J"" dec'' who was the eldest 
 son & heir of W"" P. the Founder 
 
 ^ This w'^ seem to be an use executed. 
 
 2 Recorded at Philadelphia 20 May 1732 & 14 June 1732 Book F Vol 
 5. page 502 to 514, 530 to 532, 
 
 Recorded at New Castle Oct 29 1802 Book Y. Vol 2 Fol 168. 
 
 Origin ^\x\y proved & recorded. Exempl"^ from Philad'' & New Castle 
 duly certified. 
 
 Also Orig'** duly executed before the same witnesses but not proved or 
 endorsed with a Recorder's Certificate or Seal 
 
 Attached to the Orig' recorded at Philad'^ is the Affid* before the Lord 
 Mayor of London of its execution. Sworn to on the 20 Jan 1731. by 
 two of the subscribing witnesses — one of them the same John Page re- 
 ferred to in the margins above — The other is Ferdinando John Paris of 
 the Inner Temple, who is mentioned in 2 Proud 188, as being in 1758 the 
 agent of the Proprietaries Thomas & Richard Penn. [N. B. Mr, Chew 
 says he was their Solicitor.] He is also mentioned under date of 1732 
 and 1733 in Gordon pp 213, 214. 
 
20 The General Title of the Penn Family to Pennsylvania. 
 
 2. Lcetitia Aubrey, Widow, who is recited to be 
 
 Daughter & only Surviving child of the 
 Founder by Gulielma Marie his first wife 
 Mary Penn widow & relict of s*^ W" P. J" 
 Charles Fell ^ Gulielma Maria his wife, the 
 daughter of s" W" P. J^ 
 
 3. John & Thomas Penn 
 
 4. Richard Penn 
 
 Recites the Charter 4 Mch 1681 (supra) 
 
 [do, the Duke of York's Grant 24 Aug. 1682 to W. P. 
 the Founder, of the Town of New Castle and a circle of 1 
 12 miles around it, and the Islands & soil of the River | 
 Delaware lying North of the Southernmost part of that | ^ 
 circle [J^ew Castle County] I 
 
 do, Grant, same date, Same to Same of Keiit & Sussex j 
 Counties J 
 
 do, that the Founder was seized of real estate in E". 
 Jersey 
 
 do, the Will of the Founder 
 
 do, that since his death disputes had arisen between 
 Springett in his lifetime, & William Party hereto since the 
 death of Springett, & John, Thomas & Richard relating to 
 the Founder's will & the gen^ right of the several parties to 
 the soil & Gov'. 
 
 Springett & since his death William claiming as heir at 
 law, & John, Thomas & Richard claiming under the 
 will, 
 
 Final agreem*^ for the purchase & Release of s^ gen^ right 
 from the Parties of 1^' k 2""^ V in Cons" of £5500. p'^ to 
 Party of l^'P"^ (not including any private or particular right 
 of Party 1'' P' under any Grant of the Founder but only his 
 gen^ right & claim to the soil & Gov* 
 
 In Cons^ of £5500, party 1" p' grants & releases the prem- 
 ises with the consent & approbation of the Parties of the 
 4th ^ 2'^ pt3 ^Q ^Yid party of the S'' P' in fee, and 
 
 In Cons''^ of 10 sh : a piece the party of 2"^ P' grant release 
 & confirm the same premises to the Party 3*^ P' in fee 
 ^ 3 Lower Counties. 
 
The General Title of the Penn Family to Pennsylvania. 
 
 21 
 
 Excepting & Reserving to the Party V' P' & Ws Rep= the 
 Palace of Pennsbury with the appurtenances & 4000^ con- 
 tiguous & belonging thereto which by Lease & Release | 
 May 1T03, W. Penn the Founder conveyed to Dan^ Wharley 
 & Henry Gouldney in fee to the uses therein mentioned 
 
 also the 10.000^ devised by the Founder to L. Aubrey, 
 W. Penn Party hereto & G^ M^ Fell respectively 
 
 also any reaf estate w'' is or may be claimed by either of 
 the Parties 1^' & 2'^ p'^ under any Deed Patent or Grant of 
 W. Penn the Founder 
 
 Habendum to John & Thomas & their heirs upon the fol- 
 lowing uses viz : 
 
 I use of John in Fee 
 ^ use of Thomas in Fee & 
 
 the remaining i to the use of John & Thomas & their 
 heirs but Tn Trust for Richard & his heirs 
 
 Recites, That the Trust of the Gov' vested by the will of 
 the Founder remains undisposed of in Earl Powlett who 
 survived Earl of Oxford 
 
 Directs that Earl P. convey the Gov' &c^ to John & Thomas 
 & their heirs 
 
 Proviso that nothing shall affect private or particular 
 rights of Party 1^' Pt but only his gen^ right &c^ as before 
 
 Special Gov'' for quiet Enjoy m', further assurance, against 
 previous acts or incumbrances 
 
 Eecites that the elder branch have never rec^ any profits 
 quit rents Sums of money or benefit from the premises 
 
 Cov^ of Parties 3^ & 4'^^ P*' to save harmless & indemnify 
 the Party V P' & their Rep^ from any claims of the 
 King. 
 
 N°10. 
 174.3 Feb. 11. Indenture"- of Grant— (Bargain & Sale) 
 
 1 Orig' executed before 2 witnesses & enrolled in Chancery where by 
 a mem- it appears to have been acknowledged 14 Feb^ 1743 & by En- 
 dorsement to have been enrolled on the same day. 
 
 One of the witnesses to the signatures of J. T. & R. Penn & M. 
 Fr^me is Ferdinand John Paris already mentioned in the margin of N" 
 9 supra. 
 
22 The General Title of the Penn Family to Pennsylvania. 
 
 Parties — 1. John Earl Poulett son & heir of John late 
 Earl Poulett dec*^ [erroneously called 
 William in the Will of W. Peun the 
 Founder] who was survivor of the de- 
 visees of the Gov* devised in Trust by 
 the Founder 
 Grantor 
 
 2. John Penn & Thomas Penn 
 
 Grantees 
 
 3. Rich'' Peun cestuy que trust of one quarter 
 
 of the hereby granted Franchise & Mar- 
 garet Frseme widow only daughter of the 
 late Proprietary & Founder 
 
 Recites the will of W° Penn the Father 
 
 do, the differences & disputes which followed in his 
 Family 
 
 do, the Lease & Eelease of 22 & 23 Sept. 1731 
 
 do, the survivorship of Earl Poulett who outlived the 
 other devisees of the Gov' 
 
 do, a Deed Poll dated 23*^ Sep' 1731, wherein W^ Penn 
 the Grandson, Lsetitia Aubrey, Mary Penn, Ch' Fell & 
 Gulielma Maria his wife, John Penn, Thomas Penn & 
 Rich'' Penn (reciting to the effect above recited) direct the 
 late Earl Poulett absolutely to grant the Gov' & powers of 
 Gov' to John & Thomas Penn & their heirs as to J to the 
 use of John in fee, \ to the use of Thomas in Fee & the 
 remaining \ to the use of John & Thomas in fee in Trust 
 for Richard & his heirs, with a Cov' of John, Thos, & Rich^ 
 severally to save harmless & indemnify Earl Poulett for so 
 doing 
 
 do, that the late Earl Poulett not having executed this 
 direction his son party hereto has been requested by the 
 other parties hereto to execute it, who thereupon 
 
 Grants, accordingly in pursuance of & conformity with 
 the above direction — 
 
 CW of John, Thomas, & Rich'', severally to indemnify 
 Earl P. 
 
The General Title of the Penn Family to Pennsylvania. 23 
 
 1732 May 8. Articles of Agreement ' 
 Parties — 1. John Penn 
 
 2. Thomas Penn 
 
 3. Richard Penn 
 
 Recites the Charter of Charles 2'^ & the Grants of the 
 Duke of York to their father & that John is seized of or 
 entitled to | of the premises to the use of himself & his 
 heirs, Thomas \ in like manner, John & Thomas in Trust for 
 Richard & his heirs the remaining \, the whole charged 
 with such debts of their father as remain unpaid & John's 
 moiety charged or chargeable with paj* of £1000. or there- 
 abouts to the Trustees of Margaret wife of Th : Frasrae 
 *' only sister of the said parties hereto according to certain 
 articles for that purpose 
 
 do, objects are stated to he, 1. to preserve the premises to the 
 respective heirs male of the bodies of the parties respectively 
 & for default of such heirs male to the Survivors & Survivor 
 of the parties in fee simple Subject to changes herein after 
 mentioned 
 
 2. The more easy disposing of the uninhabited & undis- 
 posed of parts of the premises 
 
 Qov'' that in case of death of either of the Parties leaving 
 heirs male of their bodies in their minority the Survivors 
 or Survivor by themselves or by Attorney during such 
 
 ^ Orig' enrolled in Chancery 21 March 1750. on which day it appears 
 to have been acknowledged before Tho. Bennett. Who he is does not ap- 
 pear. He may have been a Master in Chancery, for by an Endorsement 
 the Instrument seems to have been in Evidence in the Case of Penn v. 
 L^ Baltimore 1 Ves. Sen'' 444. Attested by 4 subscribing witnesses of 
 whom one is the same Jolm Page Gent'' so often mentioned in these 
 margins. Another is John Georges one of the witnesses to the deed from 
 Preston & Logan N" 8 Supra & Another is John Paterson a witness to the 
 Lease & Release from the Surviving M*^''''" N" 7 Supra. 
 
 Qu : if this Deed be not Evidence within the principle of Ross v. 
 Outshall 1 Bin. 402. 
 
 Mem^ that M"" Chew has in his possession a Dupl. Orig^ of this Deed. 
 
 See 2 Yeafes's Reports 550, 551, 552, where these articles are fully set 
 forth. They are also fully recited in the marriage settlem' of T. Penn 
 N" 16. infra. 
 
24 Tlie General Title of the Penn Family to Pennsylvania. 
 
 miuority are empowered to sell & convey away absolutely in 
 fee simple or otherwise reserving at least the usual Quit 
 Rents any parts or parcels of the premises, to receive 
 monies, pay charges & gen"^' to manage the premises in the 
 most ample manner, to be accountable annually for the 
 nett profits to the party entitled to receive them & at the 
 expiration of such minority such heir male of the body to 
 have possession of the share of his father respectively 
 
 do, that neither party shall by will or otherwise dispose 
 of his estate to any child except to his eldest son in tail 
 male with remainder to his 2^ 3*^ & other sons successively 
 in Tail male (except as to such charges as are herein or 
 otherwise appointed or agreed upon) 
 
 Power to either party by will under his own hand & seal 
 attested by 2 witnesses to charge his purpart for the benefit 
 of younger children with any sum not to exceed £6000. Stg. 
 for John's share & £3000 Stg. for each of the others to be 
 equall}^ distributed pble to the sons at full age & the daugh- 
 ters at such age or marriage whichever ^rs^. In the mean- 
 time to bear Interest at 4 p. c. for their maintenance & 
 education. 
 
 Power, in like manner for such of the parties as may die 
 leaving Issue male to charge his purpart by appointm* in 
 favour of his widow of an annuity for her life viz. John's 
 widow, not more than £200 Stg. p. an. the others not more 
 than £100. Stg. each — In default of such appointm' John's 
 purpart to stand charged with an annuity of £200. Stg. for 
 the life of his widow & that of each of the others with an- 
 nuity of £100. for the life of his respective widow 
 
 These charges to be in lieu & bar of dower. 
 
 Limitation, in the event of either Party dying leaving 
 issue Female but no Issue male living at his death, of his 
 purpart to the survivors or survivor & his & their Heirs as 
 the Party or Parties dying shall appoint by will or deed 
 executed in the presence of two witnesses, but chargeable & 
 charged with the pay* to daughters, John's share, of not more 
 than £10.000. Stg. if more than one daughter, & £8000. Stg. 
 if only one — The share of each of the other parties charge- 
 
The General Title of the Penn Family to Pennsylvania. 25 
 
 able with | as much in either case as John's share in such 
 proportions as the parties respectively sh'^ by such will or 
 Deed appoint, for want of such appointm' to be charged 
 respectively in either Case with those Amounts pble at full 
 age or marriage & in case of more daughters than one to 
 be distributed equally among them 
 
 Proviso That if John die without Issue male leaving one 
 daughter only his widow's annuity shall be £300. Stg. for 
 life, if more than one daughter her annuity shall be £200. 
 Stg. for life. If Thos. or Rich*^ or both die without Issue 
 male and leaving one daughter his respective widow's annuity 
 shall be £150 Stg — if more daughters than one £100 Stg 
 
 Limitations in the event of either party dying without Issue [say 
 living] 
 
 that he shall leave or appoint his share to the other or 
 either of them as he shall think fit & shall have liberty 
 by Deed or Will attested as aforesaid to charge the same in 
 favour of such persons as they may appoint, John with 
 £6000 Stg & Thos & Eich-^ each with £8000 Stg & may in 
 like manner charge his respective estate in favour of his 
 widow with an annuity over & above the annuities already 
 provided for, such additional Annuity not to exceed for 
 John's ividow £200 Stg for life & for the widow of Thos. or 
 Rich^ £100. for life 
 
 IF NO APPOINTMENT the estate of the parties first dying to 
 vest in the survivors & survivor charged, John's share with 
 an annuity of £100 Stg. p. an. & that of either of the other 
 parties with an Annuity of £50. Stg. p. an. to Lceiitia Aubrey 
 widow daughter of the Founder for life & also charged, 
 John's share with £4000 Stg. & each of the others' share 
 with £2000. Stg — pble to Silvanus Bevan & Thomas Jackson 
 or the survivor & his Rep' of which J to be invested & dis- 
 tributed equally among the children of M""' Frseme, to the 
 sons at 21, to the daughters at that age or marriage, the 
 income to be applied in the meantime to their education & 
 maintenance, the other J subject to the appointment of M''^ 
 Frseme by any writing under her separate hand without the 
 controul of her husband. 
 
26 The General Title of the Penn Family to Pennsylvania. 
 
 Proviso, if either party minded to Sell his share the others 
 to have a pre-emption at any rate at which any purchaser 
 may offer with an allowance of 6 months credit for the 
 price after the making of the contract — In case of " such 
 sale^" the provisions of this Instrument as to the share of 
 the Party selling to be void 
 
 Proviso that premises remain Subject to the debts of their 
 father & all other debts to which now subject 
 
 do, that by writing under Seal attested by 2 witnesses, the 
 Parties may revoke at any time during their joint lives. 
 
 do, that if one or two of the Parties die leaving no Issue 
 male respectively the survivors or survivor may revoke by 
 writing under Seal — 
 
 N° 12. 
 
 174-2 May 28, Release^, Lsetitia Aubrey widow to John, 
 Thomas & Richard Penn their & each of their heirs Haben- 
 dum the premises according to their respective shares therein 
 
 Recites that she is the only surviving child of the Founder 
 by his 1'' wife 
 
 that since Sept. 23. 1731. the Releasees have conveyed to 
 her the 10.000 a devised to her by her Father which were 
 excepted out of her Release of that date — that she has sev- 
 eral years since sold & conveyed for value the said 10.000 a. 
 
 Releases as above 
 
 ]sr»i3. 
 
 17^6 Oct. 20. Will of John Penn' 
 
 ^ qu : Such ? 
 
 ^ Orig^ executed before two witnesses of whom one is the same Fer- 
 dinand John Paris who attests the Deed No. 9. Supra &c'' Sec'' 
 
 ' Orig' Probate for Penns" & 3 Lower Counties granted to Thomas 
 Penn in Sussex County Del'' Sept. 1. 1747. Do, for N. Jersey granted to 
 Rich<i Penn 3 Aug. 1747. 
 
 Exempl" from Register's Office at Philad'' under date of 2'^ Nov'' 
 1791, of the Record there of the Exempl" of the Probate in the Preroga- 
 tive Court of the Arch Bp of Canterbury on the 12 Nov^ 1746. 
 
 [One of the subscribing witnesses is the same Ferdinand John Paris.\ 
 
 This will is partly recited in 2 Yeates Rep. 552-3 where it is stated that 
 in the same year 1746, the Testator died unmarried & ^oithout Issue. It 
 is also recited at large in N° 16. infra. 
 
The General Title of the Penn Family to Pennsylvania. 27 
 
 makes certain bequests upon Trust to his English Ex'^' for 
 the benefit of several members of his Family 
 
 devises his share of the Manor of Perkasie, Liberty Land, 
 and High S' Lot to his nephew John Penn [sc : son of his 
 Brother Rich*^] in fee 
 
 do, the moiety of his property in East & "West Jersey to 
 his brother Richard in fee whom he makes sole Ex' for N. 
 Jersey — 
 
 do, his moiety of Penn'' & 3 lower Counties & of the 
 Franchise of Gov' to his Brother Thomas for life without 
 impeachment of waste, remainder to Trustees to preserve 
 Contingent remainders, Remainder to his first son in Tail 
 male, reniaind^' to 2'^ 3'' 4"' 5"' &c'' sons in tail male, Remainder 
 to his Brother Rich'^ for life without impeachm* of waste, 
 Rem' to Trustees to preserve contingent remainders, Re- 
 mainder to John eldest son of Rich'^ for life without im- 
 peachm' of waste, Rem'" to Trustees to preserve &c : Rem' 
 to 1'* 2'^ S'^ 4"' &C'' son of John the nephew successively in 
 tail male, In default of such issue of John to Rich'^, 2'' son 
 of Rich'^ for life in strict settlem* with rem' in like manner 
 to his sons successively in tail male & in default of all such 
 Issue male, Rem' to heirs of body of Thomas, Rem' to heirs 
 of Body of John Son of Rich'^, Rem' to heirs of body of 
 Rich*^, son of Rich^ Rem' to heirs of body of the other sons 
 of Rich*^ his Brother successively, Rem' to his niece Hannah 
 Penn then only daughter of Rich*^ for life in strict settlem' 
 rem' to her sous successively in tail male, Rem' to the heirs 
 of her Body, Rem' to heirs of Body of his Brother Rich"^, 
 Rem' to his sister Margaret Frseme for life in strict settlem*, 
 Rem' to her sons successively in Tail male. Rem' to heirs in 
 tail gen^ of such sons successively. Rem' to his niece Phila- 
 delphia Hannah Frseme daughter of s'^ Margaret for life in 
 strict settlem'. Rem' to her sons successively in Tail male, 
 Rem' to the heirs of the Body of Philad^ H. F., Rem' to the 
 heirs of the Body of Margaret F., Rem' to his nephew i blood 
 W* Penn for life in strict settlem*.. Rem' to Springett eldest 
 son of this W"^ Penn for life in strict settlem*., Rem' to the 
 sons of Springett successively in Tail male, Rem' to the same 
 
28 The General Title of the Penn Family to Pennsylvania. 
 
 sons successively in tail gen^, Rem'" to the Heirs of the Body 
 of Springett, Rem' to Christiana Gulielraa Penn then only 
 daughter of s*^ William the nephew in strict Settlem', rem'' 
 to her sons successively in Tail Male, Rem'' to the same sons 
 successively in Tail gen^, Rem" to heirs of her body, Rem" to 
 heirs of Body of W'" P. the nephew, Rem" to his Grand 
 Nephew ^ blood Rob' Edw*^ Fell, only son then living of 
 Gulielma Maria Fell dec*^ for life in strict settlem*. Rem" 
 to his sons successively first in tail male, then in tall gen\ 
 Rem" to heirs of body of s*^ Rob' Edw. F., Rem" to Mary 
 Margaretta Fell eldest daughter then living of the same 
 Gulielma Maria for life in strict settlem*, rem" to sons of 
 s"^ Mary Margaretta successively at first in tail male, then 
 in tail gen\ Rem" to the heirs of her body, Rem" to Gu- 
 lielma Maria Frances Fell the only other daughter then 
 living of said Gulielma Maria deed for life in strict Settlem*, 
 Rem" to her sons successively ^rs^ in Tail Male, the)!, in tail 
 gen', Rem" to the heirs of her Body, Rem" to Right Heirs 
 of Testator. And if by virtue of the last or any previous 
 limitation the premises sh"^ become vested in two or more 
 females then & in every such case the eldest & her stock 
 shall take to the absolute exclusion of the others unless on 
 failure of the stock of the eldest, when the next in age & 
 her stock shall take in like manner k so on successively. 
 
 Proviso That every person taking under any of the above 
 limitations shall assume the Sir name Penn & bear the Tes- 
 tator's arms 
 
 Charges the premises with £6000. Stg. to supply deficiency 
 if any in Legacies bequeathed out of the English person- 
 alty, the residue after meeting such deficiency or if no de- 
 ficiency the whole £6000. to go to Thos. Penn. 
 
 Recites that the nature of the premises settled as above 
 requires in the Tenant in possession for the time being an 
 unusual extent of authority in proportion to the Quantity of 
 his Estate whether for life or in tail, ^rgo 
 
 Empoioers every such Tenant while in possession to grant 
 any estates out of the premises however large reserving the 
 heretofore usual quit rents & services and upon the frontiers 
 
The General Title of the Penn Family to Pennsylvania. 29 
 
 where the like Quit Eents cannot be reserved as in the 
 more settled parts to grant [for the gen' service only & not 
 for the private advantage of such then Tenant] any lands 
 reserving such Rent & services only as to such then Tenant 
 shall seem proper so however in the latter case that no Fine 
 or purchase meney be taken on any such grant 
 
 Limits his moiety of all Quit Rents and services to go 
 along with & be considered as part of the premises accord- 
 ing to the above Limitations But that of alf tines & pur- 
 chase monies to be raised upon grants such as aforesaid ac- 
 cording to this will his moiety shall belong to the Tenant in 
 possession by virtue of the above Limitations for the time 
 being as his own proper money & estate for the settlement of 
 Boundaries, the purposes of Gov*, the making of Treaties, 
 & other public objects, the same to vest as if such then ten- 
 ant were then seized in fee simple 
 
 Directs that the premises be absolutely released from the 
 above mentioned charge of £6000. Stg. or any part at any 
 time rem^ unpaid upon the Tenant for the time being in 
 possession executing such personal security therefor as he 
 may be able to give & the party competent to release it may 
 think proper to accept 
 
 Bequeaths to Thomas all fines purchase monies arrears of 
 quit Rents & other rents & other monies due to him in 
 Penns'' & 3 lower Counties at the time of his death, except- 
 ing only such as might consist of cash in hand collected or 
 remitted at the time when the news of his death should 
 reach Philadelphia, the same having been already disposed 
 of as part of his English personalty. 
 
 Appoints his Brother Thomas sole Ex'^ for Penns'' & 3 lower 
 Counties. 
 
 W 14. 
 1763 Apr. SO. Release^ Philadelphia Hannah Frseme to"' 
 Henry Wilmot in Trust for Th : Penn 
 
 Recites that she is spinster, only child of Margaret 
 
 ^ Orig' duly executed but not proved or recorded — 
 
30 The General Title of the Penn Family to Pennsylvania. 
 
 Frffirae Widow dec'^ who was the Founder's daughter by 
 Hannah his last wife 
 
 do, the Articles of 5 July 1727, & the Trust of the charge 
 upon the moiety of John Penn (therein provided) of £1000. 
 for the children of s"* Margaret 
 
 do, the marriage of Th : Frseme with q^ Margaret who 
 survived him & died in Feb^ 1750 
 
 do, the death of John Penn 28 Oct. 1746. 
 
 do, his will devising to Thomas Penn &c : 
 
 do, that Philad'^ H. F. has attained the age of 21 & is en- 
 titled to receive the £1000. which T. P. is willing to advance 
 upon her assigning the s^ charge to Wilmot in trust for him 
 
 Acknowledges the rec' of the £1000. from Th : Penn & 
 
 Assigns the charge accordingly to TTilmot in Trust. 
 
 1750 Jan''^^ 31. Articles^ of Agreem' between Thomas & 
 Richard Penn 
 
 Recites Articles May 8. 1732. (N' 11 Supra) 
 
 do, that John Penn died in Oct'" 1746, a Batchelor without 
 leav^ a widow or any Issue having some short time before his 
 death by his will duly attested devised his moiety of the 
 premises & charged the same & given special powers to the 
 possessor thereof for the time being as in such will men- 
 tioned 
 
 do, that the debts of W" P. the Founder which then 
 remained unpaid have been since paid ofi" & the income & 
 profits of the premises are since increased 
 
 do, that the moiety of their late Brother John is devised 
 by his will so that it is apprehended it is not capable of re- 
 ceiving any alteration or additional charge thereon. 
 
 ^ Orig' acknowledged & enrolled on the same day & in the same man- 
 ner as the Articles N" 11 Supra 
 
 Attested by the same Ferdinando John Paris, and also by Pra^ Eyre & 
 Ro¥ Gwynn of whom the latter is one of the witnesses to the will of 
 John Penn N" 13. Supra 
 
 In 2 Yeatcs Reports 553-4 the material parts of this Instrument are 
 set forth but not with perfect accuracy. It is also set forth in N" 16 
 infra 
 
The General Title of the Penn Family to Pennsylvania. 31 
 
 do, that the parties have agreed to alter the provisions 
 by w'' their respective quarter jxiris were charged for their 
 respective widows & enlarge their powers in this respect 
 
 do, that they have agreed & intend that such provisions 
 be charged upon the Lands & Rents only & not upon the 
 Gov' 
 
 do, that they have agreed & intend that notwithstanding 
 the strict entail of the premises & any charges to which they 
 may be subject that the possessor for the time being of the 
 respective quarter parts shall be invested with special powers 
 in certain Cases & for certain purposes in the same manner 
 as the possessor for the time being of John's late moiety 
 under his will is vested with such powers 
 
 Revoke pro tanto, the Articles of 8 May 1732, but 
 
 Confirm them so far as not repugnant hereto or inconsistent 
 &c herewith 
 
 Mutual Covenants viz : 
 
 1. Either Party either before or after marriage by will or 
 writing attested by two witnesses may charge the whole or 
 any part of his J of the lands & rents with annuities for his 
 widow as follows in the several & respective cases following 
 viz : — if he leave Issue male or 2 or more daughters not 
 more than £300. Stg — if no issue male & only one daughter 
 not more than £400. Stg — if neither issue male nor any 
 daughter not more than £500. Stg — in either case to consist 
 of one or more than one annuity at the pleasure of the 
 party, the whole not exceeding the above limit & to be in 
 bar of dower in America & to be paid to them quarterly in 
 London — Cov^ each party with the other that he has not 
 charged & will not charge his | in favour of any wife or 
 widow otherwise than as above & that his widow will in no 
 event lay claim to dower but will formally release the same 
 after his death, if she be requested 
 
 2. That any male tenant in possession of the ^ of either 
 after his decease or any heir apparent of the person in pos- 
 session for the time being, such heir apparent being next in 
 remainder, may charge such ^ in favour of his widow in the 
 same manner & to the same extent as the parties hereto 
 
32 The General Title of the Pemi Family to Pennsylvania. 
 
 But this provision is followed by a long string of pro- 
 visoes, qualifications restrictions & reductions of tlie power 
 thus vested in others than the parties hereto — which work a 
 material alteration of its future bearing &c'* 
 
 Parties revoke former wills & disposition of the premises 
 & declare their intention forthwith to make new ones de- 
 vising or disposing of the premises entirely without splitting 
 their respective purparts into several parcels — the whole to 
 be executed in conformity herewith. 
 
 Proviso in substance that in default of the execution by either 
 party of will, settlement, charge or disposition pursuant hereto 
 the premises shall nevertheless remain subject to the pro- 
 visions hereof 
 
 3. After twenty years from this date the charge in favour 
 of such widows as aforesaid may be as much as £500. p. an. 
 (in one or more parcels) even in cases where the party 
 charging may leave Issue male or 2 or more daughters such 
 charges when made by any other person than the now par- 
 ties hereto to be subject to "all the explanations, modifica- 
 tions restrictions provisoes & agreem*^ whatsoever" &c'' above 
 set forth 
 
 4. In the event of both the quarter parts coming to or 
 being in immediate expectancy to come to one & the same 
 person, then the party in possession of both, or in posses- 
 sion of one & heir apparent or next in remainder to the 
 other, or in possession of neither but heir apparent or next 
 in remainder to both, may charge each quarter severally & 
 respectively according to the above provisions as the same 
 might be done by two persons severally entitled to each 
 quarter respectively. 
 
 5. That every Tenant for life years or in Tail of either 
 or both the quarter parts being of full age & in possession 
 by virtue of or in conformity to, the provisions hereof shall 
 have power concurrently with the possessor for the time 
 being of John's late moiety to grant any estate or interest 
 how large soever of any lands or other hereditaments not- 
 withstanding the limited nature of such tenant's own in- 
 terest & notwithstanding any charge or burden for widows 
 
The General Title of the Penn Family to Pennsylvania. 33 
 
 &C'' reserving the usual Quit Rents & services (except in 
 grants of Land on tiie frontiers where a discretion may be 
 exercised as to the Am' of Quit Rent provided its reserva- 
 tion be made for the gen' service without any view to the 
 private advantage of such tenant for the time being but in 
 such case no fine or purchase money to be taken). The 
 Rents Quit Rents & services to go along with the successive 
 estates in the land but the fines & purchase money to belong 
 to the party in possession for the time being as his own 
 proper money; also that such Tenant for the time being 
 have unlimited power notwithstanding &c* 
 
 to settle boundaries 
 
 appoint Governors 
 
 exercise the Gov* 
 
 make treaties & 
 
 exercise every other gen' powder & jurisdiction derived 
 from the grants of the King 
 
 6. The Parties confirm the Articles of May 8, 1732, so far 
 as not hereby revoked 
 
 7. Reserve a power to revoke these presents at any time 
 during their joint lives by any writing under their hands & 
 seals attested by 3 witnesses. But not so as to afiect any 
 devise disposition or charge made before the execution of 
 such writing in conformity with the provisions of these & 
 the former Articles — 
 
 8. That if any purchase is made or new grant obtained 
 from the Crown for the 3 Lower Counties it shall not as 
 between the Parties hereto or their descendants be deemed 
 a new acquisition but shall be taken as a confirmation of 
 their previous title. 
 
 Lastly Cov^ to enroll these articles in Chancery — 
 In a previous part of the Instrument (about the end of 
 the 2* gen' mutual Cov*) it is covenanted that in every set- 
 tlem', devise, charge or other disposition hereafter made of 
 any beneficial interest in the premises the party making it 
 shall recite or refer to the Articles of May 8. 1732, as va- 
 ried by these presents &c : 
 
 3 
 
34 The General Title of the Penn Family to Pennsylvania, 
 
 1750 Mch 20. Articles^ of Agreem* between the same Par- 
 ties 
 
 Eecite Agreem* May 8. 1732 
 
 do, death of John Penn & his will 
 
 do, Articles Jan^ 31. 1750 
 
 do, that parties always intended the male issue of either 
 sh*^ be preferred in the succession before any Issue female of 
 either, but never meant that in the event of there being no 
 issue female of either, the right heirs of the survivor should 
 succeed to the I of the party first dying in case the latter 
 left heirs of his body distinct persons from the heirs gen^ of 
 the Survivor, & yet the preceding articles may admit of 
 such construction 
 
 Mutual Cov^^ that notwithstanding the previous Articles 
 either Party may dispose of, devise or settle his own quarter 
 to all his own Issue female in preference to all or any Issue 
 female of the other party & that in the event of the party 
 first dying leaving no Issue male but Issue female or issue 
 male which shall fail living issue female of such party, in 
 either case the party so first dying after first limiting a life 
 estate to the survivor in strict settlement with remainder to 
 each of the sons of such survivor successively for life in 
 strict settlement with remainders in Tail to the Issue male 
 of such sons may limit the next immediate remainders to 
 the heirs of the body of himself in such manner as to prefer 
 all his own Issue female before any of the Issue female of 
 the Survivor 
 
 Revoking the former articles so far as they differ from the 
 present but confirming them in other respects 
 
 Reserving a power of revoking the present & all or any 
 part of the former Articles by any Deed or writing under 
 seal attested by 3 witnesses, So however as not [to] affect 
 any settlem* &c* made conformably thereto before such 
 revocation. 
 
 ^ Recited in N'' 16 infra, (also 2 Yeates' Reports 554-5) & said in N" 16 
 infra to have been enrolled in Chancery on the 18"' of July 1751. Orig^ 
 missing. 
 
The General Title of the Penn Family to Pennsylvania. 35 
 
 N°16. 
 
 17S1 Aug. 14. ^ 15. Lease & Release^ previous to the in- 
 tended marriage of Th : Penn with Lady Juliana Farmor 
 one of the daughters of Thomas Earl of Pomfret 
 
 Lease^ Parties 1. Th : Penn 
 
 2. David Barclay & Thomas Hyam Trus- 
 tees of the intended Settlem' 
 
 Premises Conveyed, T. P.'s one fourth of Penns'' & 3 lower 
 Counties & of the Gov' 
 
 except such private & particular tracts &c'' as were al- 
 lotted to, purchased by, conveyed to, or vested in the s'^T.P. 
 or any person or persons in Trust for him & which are 
 held and enjoyed by him " in his private right or capa- 
 city & not as one of the Proprietaries of the said Province 
 of Penns^" 
 
 Release.^ Parties 1. T. Penn 
 
 2. Earl of P. 
 
 3. Lady Juliana F. 
 
 4. The trustees above named 
 
 Recites, the Articles of May 8. 1732 — the death of John 
 Penn a Batchelor without widow or Issue Oct. 29, 1746 — 
 the will of John Penn dated 24*'' of the same month — that 
 the £6000 Stg. therein charged upon John's moiety has 
 been long since paid off & does not now remain a charge 
 &c'^— the Articles of 31 Jan^ 1750.— those of 20 March 1750. 
 — & the now intended marriage 
 
 Considerations., £5000. Stg. the Lady's marriage portion 
 paid & secured by her father as explained in an Indenture 
 of this date [whereof one of the Trustees was L*^ Mansfield 
 then the Hon^''^ W"' Murray Sol' GenH— the Settlem* of a 
 Jointure for her support in the event of her surviving her 
 
 ^ Orig'^ attested by 2 witnesses to have been executed by T. Penn — 
 his intended wife — & her Father — but not in any way proved or certified 
 until July 3. 1829.— The probate on S^-^ & 11* July 1829 is set forth at 
 length infra. 
 
 This Settlement is referred to in the Will of T. Penn, infra N" 17 and 
 is also mentioned by Shippen C J in 2 Yeates 566. 
 
 ' Recorded at Philad'^ July 22. 1829. in G. W. E. 31. 51. 
 
 3 Recorded at Philad'' July 22. 1829. in G. W. R. 31. 53. 
 
36 The General Title of the Penn Family to Pennsylvania. 
 
 intended husband in conformity with the above recited Articles & 
 so that the quarter now settled may go along with the Moiety 
 devised by John Penn in the same manner &c : & subject to 
 the same &c : as nearly as may be — & 10 sh : &c^ & divers 
 other &c* 
 
 Grants & Releases the same premises included in the Lease 
 as above mentioned 
 
 Habendum to the use of himself in Fee till the marriage 
 from & after which, of himself for life without impeachment 
 of waste, in strict settlem* the Jointure 'premises being charged 
 in the event of his wife surviving him from the time of his 
 death with an annuity for her use during her life of £300 Stg 
 — 400 Stg — or 500 Stg. according to the several contingencies 
 respectively provided for in the Articles to be in lieu & bar 
 of dower, with powers of distress & entry therefor limited 
 to her directly 
 
 Rerif to the Trustees for 200 years to enable them effect- 
 ually to raise the annuity, the term to cease immediately 
 after her death & the paym* of all arrears 
 
 Rem to the use of the first & every other son of their two 
 bodies successively in Tail male 
 
 Renf to the firsT: & every other son of T. P. by any after 
 marriage successively in Tail male 
 
 Rem^' to Rich^ Penn the only surviving brother of T. P. 
 for life without impeachm* &c : in strict settlem' Rerrf to 
 John 1'' Son of Rich*^ in like manner i. e. strict settlement 
 for life Rem^' to the 1'' & every other son successively of 
 this John in tail male, Renf to Rich*^ the 2'^ son of Rich** 
 for life m like 7nanner, Renf to this Rich**'^ first & every other 
 son successively in Tail male, Rem^ to "William 3^ son of 
 Richard in tail male, Rem'^ to the next & every other son of 
 Rich^ successively in Tail male 
 
 Rem^ to heirs of his own body, i.e., to self in tail gen^ 
 Renf to heirs of body of John son of Rich* 
 Rem^ to heirs of body of Rich* son of Rich* 
 Rertf to heirs of body of AVilliam son of Richard 
 ReiW^ to heirs of body of the next & every other son & 
 Bons successively of his brother Rich* 
 
The General Title of the Penn Family to Pennsylvania. 37 
 
 Rem''' to Hannah Penn daughter of his Brother Rich*^ for 
 her life without impeachm* &c'' in strict settlem' Renf to her 
 first & every other son & sons successively in Tail male 
 Renf to the heirs of the body of such first & every other 
 son of her successively, Rem^ to the heirs of her body 
 Reyif to the heirs of the body of his brother Rich*^ 
 Rem}' to Philad'' Hannah Frasme & her stock in like man- 
 ner as to Hannah Penn & her stock 
 
 Rem^ in like manner to Springett Penn & his stock 
 Rem'^ in like manner to Christiana GulielmaPenn (| sister 
 of Springett) & her stock 
 
 Rem^' in like manner to Rob' Edw. Fell & his stock 
 Rem'^ in like manner to Marj'Margaretta Barron & her stock 
 Rem^ in like manner to Gulielma Maria Frances Newcomb 
 & her stock 
 
 Rem'^ in fee to his own right Heirs 
 
 Proviso, In any case under the above Limitations of 2 or 
 more females the eldest & her stock shall take alone, & on 
 failure of her stock the next eldest & so on successively 
 excluding the partibility of the premises among females [so 
 far as he can] 
 
 Proviso that his own arms & the Sirname Pen7i be taken 
 by any one in whom the premises may vest in possession 
 under the above Limitations 
 
 Proviso, to invest himself & every subsequent tenant in 
 possession for the tim'e being with all the various powers 
 provided in the above articles to be at all times hereafter 
 exercisable by every such tenant — & with full power to 
 carry into effect the Agreement with Lord Baltimore by 
 articles dated May 10. 1732 — And to represent the King in 
 the affairs of the 3 lower Counties, — Such powers to be 
 exercisable as if such tenant for the time being were seized 
 of an absolute fee simple — And the intended wife, the Trus- 
 tees & any parties interested shall if requested all concur & 
 unite therein & where conveyances are made under the 
 powers thus reserved the previously existing charges shall 
 thenceforth affect only the residue of the premises not so 
 disposed of 
 
38 TJie General Title of the Penn Family to Pennsylvania. 
 
 Proviso as to the 3 Lower Counties that any future purchase 
 or new Grant, shall not as among the now Proprietaries & 
 their Representatives be taken advantage of as a new acquisi- 
 tion but shall enure to the confirmation of the previous title 
 
 Proviso enabling a charge after the death of his intended 
 wife in favour of any subsequent wife 
 
 do, enabling T. P. to enlarge the jointure after the expira- 
 tion of twenty years from 31 Jan^ 1750, upon the contin- 
 gency on which such power is vested after that terra by the 
 Articles of that date 
 
 do, that future tenants in possession or next immediately 
 in expectanc}^ may make jointures as expressed in the Ar- 
 ticles 31 Jan^ 1750 
 
 Proviso enabling T. P. by will under Seal attested by 2 
 witnesses to charge his quarter of the Lands & Rents (but 
 not the Gov') with £3000. for the benefit of his younger 
 children in the mode appointed by the articles of 8 May 
 1732. For want of such charge the premises to stand charged 
 as provided for in that event by those articles 
 
 Proviso for the like purpose (as provided in the same 
 articles) in the event of a failure of issue male, that the 
 premises be charged in favour of his daughters — 
 
 do, vesting T. P. with a like power of appointing a charge 
 of £3000. Stg. in favour of his nominees if he die without 
 Issue of his Body (according to the same articles) — 
 
 Proviso for the cesser of the charge limited for his intended 
 wife's jointure & of the term vested in the Trustees for se- 
 curing its collection, upon his securing for her use at any 
 time after the marriage with the joint approbation of the 
 Trustees of her portion & those of this Settlem' an annuity 
 of equal amount (upon the several & respective contingen- 
 cies upon which its amount is to depend as above) charged 
 upon real estate in Great Britain or America — Or upon se- 
 curing for her use instead thereof such sum in gross as she 
 may accept & the Trustees approve of 
 
 Cof'* of T. P. that notwithstanding any act of himself or his 
 ancestors he has title — right to conve}^ — for quiet enjoyment — 
 
 Except the reservations cfec" in 
 
The General Title of the Penn Family to Pennsylvania. 39 
 
 1. The charter 
 
 2. The Grants of Duke of York 
 
 3. The larger Grants made by T. P. & his ancestors in 
 order to the cultivation & settlem* &c* 
 
 4. The articles with L'* Baltimore 
 
 5. The articles 31 Jan^ & 20 March 1750 
 do, for further assurance 
 
 Proviso, that in the event of T. P. surviving his intended 
 wife & the failure of Issue male of this marriage or their 
 all dying in their minority, Thomas Penn may by writing 
 under his hand & seal revoke this Settlement. 
 
 Probate^ endorsed 
 
 W"" Rawle of the city of Phi^ Esq. Counsellor at Law 
 aged 70 years & upw'^' being duly affirmed according to law 
 declares and says as follows : — 
 
 I have long been professionally conversant and am familiar 
 with the affiiirs & papers of the Family of the late Proprie- 
 taries of Penn8^ The within written Indenture is an ancient 
 Deed which I have known to accompany the possession of 
 their estates in Penns^". I believe that Ferdinand John 
 Paris & John Heaton the subscribing witnesses thereto are 
 both dead & that proof of their handwriting or of the 
 handwriting of either of them cannot be had in this Coun- 
 try. Thomas Penn the Grantor therein named (& one of 
 the s'^ Proprietaries) died, as I am informed & believe, 
 during the Year 1775 in England where he had then 
 resided more than 33 years having never been in Penns^ 
 since the Y"" 1741. I believe that proof of his handwriting 
 cannot be had of any persons or person who can remember 
 to have seen him ' write. I am however acquainted ^ with 
 his handwriting having obtained a knowledge thereof from 
 various authentic public & official Documents and some 
 private Deeds & writings subscribed with his signature 
 uniformly recognized as genuine and acted upon in the 
 
 1 Conformably to the 4'" Sect, of the Recording Act of 1775. Purd. 166. 
 1 Sm. LI. 423. 
 ^ 1 Dall. 14 
 
40 The General Title of the Perm Family to Pennsylvania. 
 
 course of business in important transactions. And I verily 
 believe the name Tho. Penn subscribed to the s^ Indenture 
 to be of the genuine & proper handwriting of the said 
 Thomas Penn. 
 
 County of Philadelphia ss : — On the 3*^ day of July in the 
 y^ 1829 at Phil^ in the s"* County before me Edw*^ King Esq. 
 Pres* of the C of Cora. Pis. for s** County ^ the above exam- 
 ination of W"" Rawle Esq. was duly taken according to the 
 form & effect of the acts of the Gen' Assembly of this Com"" 
 in such case made & provided. The s*' W" R. being con- 
 scientiously scrupulous of taking an oath & by me affirmed 
 according to law and it appearing that the Grantor & Wit- 
 nesses of the within Deed are deceased & that proof of the 
 Handwriting of s* witnesses or of either of them cannot be 
 had I hereb}' certify the same accordingly. Witness my 
 Hand & Seal at PhiP afores'^ the day & year aforesaid 
 
 Edward King [seal] 
 
 City of Philadelphia ss : John Cadwalader of the s^ city 
 being duly sworn deposes as follows : — Thomas Penn the 
 within named Grantor being dead ^ I have made diligent 
 search & inquiry for & concerning the witnesses of the 
 within written Indenture & whether there existed any & 
 what means of proving their respective handwritings. The 
 result is that as to John Heaton one of the said Witnesses 
 no such Person can be heard of in this Country. I believe 
 Mm to have died long ago in England & that proof of his 
 Handwriting cannot be had. I have not been able to find 
 any body who has any sort of acquaintance with his hand- 
 writing or has ever had any knowledge whatever of the 
 man either personally or by correspondence or from the 
 information of others. — Ferdinando John Paris ^ the other 
 of s* witnesses is reputed to have been & I believe that he was 
 an Agent of the s'' Thomas Penn & his Brother Richard the 
 
 1 As to the Power of this Officer See Act of 8 Apr. 1785. Sect. 2. 3 
 Sm. LI. 317, Purd 168 
 
 * See 2 Scrfi. & Raw. 46. 
 
 » 2 Proud 188, Gordon 213-1. M' Chew. Affdt. of Execution of Deed 
 recorded at Phil" F. 5. 502. N» 9 Supra. 
 
The General Title of the Penn Family to Pennsylvania. 41 
 
 late Proprietaries of Penns'' & their adviser about some of the 
 Concerns of their said Proprietarjship. He appears to have 
 superintended or participated in, and to have attested the ex- 
 ecution of the most of the conveyances of their proprietary 
 Estate w*" were executed in England from the year 1731 to 
 1751 inclusive. I find no traces of his having ever been, 
 and I do not believe that he ever was in America. I have 
 understood & believe that he pursued in England the pro- 
 fession of the law and I find that in the year 1731 he was 
 known & designated as '^ of the Inner Temple London Gentle- 
 man" and in the year 1758, as the Agent of the s'' Proprie- 
 taries. After that year I have been unable to hear of him 
 as I should probably have done had he been alive. I be- 
 lieve him to have died in England many years before the 
 Declaration of Independence. I have not been able to 
 find or to hear of any living person who has seen him 
 write or corresponded with him or had any intercourse with 
 him, or known him or knowingly seen him at any time. Be- 
 sides his signature to the within Deed, I have seen 36 several 
 signatures purporting to be the subscription of the name of 
 the s* Ferdinando John Paris in his own handwriting as his 
 attestation of the execution of several ancient deeds made 
 in England for & concerning Land of the said Proprietaries 
 situate in Penns''. I have often examined these Deeds having 
 had them at different times in my own custody. I have 
 known some of them to accompany the possession of Land 
 to which they relate & to have been acted upon in the 
 course of business as genuine Orig^ Documents & I believe 
 that they are all of them orig'^ & genuine. To some of them 
 said witness's najne is subscribed more than once as attest- 
 ing the separate execution of one & the same deed by differ- 
 ent Parties. And to some of them his name is subscribed 
 as attesting Rec'' for money as well as the Delivery. The s"^ 
 Deeds are 21 in Number all of them of dates prior to the 
 date of the within Indenture. Three of them being duly 
 proved are severally certified with the usual Endorsem* to 
 have been recorded in the Proper Office for the City & 
 County of Phil^ during the Year 1732. I have myself ex- 
 
 •''A 
 
42 The General Title of the Penn Family to Pennsylvania. 
 
 amined in the s'' Office the Record itself of the respective* 
 dates of that year so certified & upou such examination I 
 found the said Record to verify the said Endorsement upon 
 each of the said Deeds respectively. One of these 3 deeds 
 is the Articles of agreement between the Proprietaries of 
 Maryland & Penns" & is rather a public than a private Docu- 
 ment. It bears date May lO*"" 1732. Two others of s"^ deeds 
 not so recorded are certified to have been enrolled in, Eng- 
 land in the C of Chancery in the Years 1743 & 1750 re- 
 spectively. Of the s** 21 Deeds 7 are duly certified by the 
 ]\Iayor of the City of London under his baud & the common 
 seal of that city to have been severally proved before him at 
 the same city by the oath in each case in the usual form of 
 2 of the respective subscribing witnesses of whom the s'^ 
 Ferdinando John Paris was in each case one of the 2 who 
 thus made Probate thereof. I believe the s^ 36 signatures 
 are of the genuine & proper handwriting of the s"^ Witness 
 Ferdinando John Paris. From the knowledge that I have 
 obtained from them of his handwriting which I have been 
 thus for some time past in the habit of inspecting I believe 
 that I am sufficiently acquainted with its character to dis- 
 tinguish his true Signature from a false One. I believe the 
 name Ferd. John Paris subscribed to the within written In- 
 denture to be of the genuine true & proper handwriting of 
 the said Ferdinando John Paris. And I believe the same 
 Indenture to be an Ancient Deed & the same in all respects 
 that it purports to be. The Possession of Lands and the 
 Rec* of Rents has within my own personal knowledge ac- 
 companied it in the Counties of York, Philad'', & Berks, & 
 I have reason to believe & do believe that real estate is 
 now held & enjoyed under it in several other Counties in 
 this Com*"" as well as in the 3 Counties above named 
 
 John Cadavalader 
 Sworn & subscribed by the above named "^ 
 
 John Cadwalader the 11*^ day of July ! 
 
 A.D. 1829. Before me [ 
 
 Ab" Shoemaker | 
 
 Alderman i 
 
The General Title of the Penn Family to Pennsylvania. 43 
 
 City of Philadelphia ss. 
 
 Benjamin Chew of said City Esq. aged 70 years & upwards 
 being duly sworn deposes as follows : — I have in my posses- 
 sion a great number of Letters of Thomas Penn the Grantor 
 within named addressed to my deceased Father, I have 
 also seen a variety of Original Documents acted upon in the 
 course of business to which the signature of the s'' Thomas 
 Penn was subscribed. I have in this manner become fa- 
 miliarly acquainted with his handwriting and believe the 
 name Tho. Penn subscribed opposite to one of the Seals of 
 the within Deed to be of the genuine & proper handwriting 
 of the s*^ Thomas Penn 
 
 Benjamin Cuew 
 
 Sworn & Subscribed by the above 
 named Benjamin Chew the IV^ 
 day of July a.d 1829 
 Before me 
 
 Abm Shoemaker 
 
 Alderman 
 
 City of Philadelphia ss. 
 
 On the IV^ day of July in the Y^ 1829 at the s<^ City 
 before me the Subscriber an Alderman of the same City 
 the above examinations of Benjamin Chew Esquire & 
 John Cadwalader upon their several & respective Oaths 
 w^ere duly taken as above set forth — it appearing that the 
 Grantor & witnesses of the within Deed are deceased & 
 that proof of the handwriting of John Heaton one of said 
 witnesses cannot be had & that proof of the handwriting of 
 the other of s** witnesses cannot be had otherwise than as 
 by the Testimony above set forth — All which I hereby 
 certifj^ accordingly. 
 
 Witness my Hand & Seal at the Said City the day & year 
 aforesaid. 
 
 Ab^' Shoemaker [seal] 
 Ald^' 
 
44 The General Title of the Penn Family to Pennsylvania. 
 
 N° 17 
 
 1771 Nov. 18. Will ^ 
 
 1772 July 11. Codicil V' . mu -d 
 -irrrr^ T 1 io r^ J- M od Y ^^ Thomas Penn 
 1772 July 18. Codicil 2'^ 
 
 1774 June 23. Codicil 3-^ j 
 
 Will,^ appoints his wife & W"" Baker Ex" for all but his 
 American Estate 
 
 Recites, My late Brother's moiety of Penns* & 3 lower 
 Counties being already settled by his will & my own quar- 
 ter being by me settled in cons" of the marriage w"" has 
 since taken place — & provision in some cases for my widow 
 & children being already made by certain Family Deeds of 
 agree m' 
 
 Disposes hereby of the residue (& inter alia) 
 
 Bequeaths plate & family pictures to such of his children 
 as may be next after his decease entitled to his \ of the 
 province 
 
 do, all monies due to him at the time of his death arising 
 from Rents Quit-Rents fines & purchase monies & arrears 
 thereof in respect to John's | & his own ^ & not invested 
 in America in Bills or otherwise for Remittance to Europe 
 by the next quarter day after his death & such parts of such 
 monies as shall not then appear on the face of the Rec' 
 Gen^'® Books — to such persons koJ" of my family respectively 
 & successively who shall from time to time succeed &c* to 
 the possession of my J & be in possession thereof at the re- 
 spective times of such collections successively — so that each 
 successive person so succeeding shall take all monies col- 
 lected by the quarter day next after his death, but not such 
 dues & arrears as are not by that time collected altho' they 
 may have accrued during such person's lifetime &c\ This 
 is declared to be done in order to prevent the infinite 
 troubles & inconveniences of the contrary course — After 
 giving his reasons particularly he says he is aware that he 
 cannot in strictness dictate this course to those who are to 
 
 ^Cert'' Copy Reg. Off. Phil" of the Exempl" from Prerog. C Canter- 
 bury where probate was made on the S"' April 1775. The Record at 
 Philad^is dated 28 June in the same year. 
 
300^ 
 700^ 
 
 } 
 
 The General Title of the Penn Family to Pennsylvania. 45 
 
 succeed by virtue of the prior settlements — but lie earnestly 
 recommends it for the benefit of those who are to follow, 
 premising that by the foregoing disposition of his own dues 
 & arrears he has himself given up a large portion of per- 
 sonalty in favour of his successors. 
 
 Bequeaths to his English Ex" upon Trust '■' all such sum & 
 sums of money & other matters & things as shall or may 
 anyway become due or payable to me or to my Ex" oradm" 
 by virtue of an Indenture Tripartite bearing date on or 
 about the 15"" day of August 1751 & made in Cons" of my 
 then intended marriage " & all the moneys & arrears collected 
 as aforesaid before the Quarter day next after my decease. 
 
 Devises to American Trustees & the survivor in fee his 
 private Lands viz 
 
 taken up under a warr* dated May 
 1732 situate in Berks County all 
 2000^ r except the 2000^ which are either 
 628^ J in Berks or Philad'' County 
 SOO'^-in Northampton Co^ 
 12^ meadow at or near Moyamensing Philad 
 Co^ 
 
 Lot on 3^ 4"^ & Spruce Sts in the City of Philad'' 102 F 
 by 396. 
 
 Upon trust to sell & remit proceeds to English Ex" 
 
 Beqeaihes to the same persons in Trust all his goods & 
 effects in Penns*& all securities for money due or belonging 
 to him " in his private right & not as one of the Proprie- 
 taries of Penns'' & 3 lower Counties " to be collected & p"* 
 over to English Ex" 
 
 Directs that what may remain of £9000. to be raised for 
 him by virtue of an Indenture of 23'^ Feb. 1756 upon the 
 death of himself & his Brother Rich*^ out of the Manor of 
 Gilberts & other Lands in Penns'' (if anything shall remain) 
 shall form a part of his English personalty together also 
 with the money to become due to him by his nephew Eich*^ 
 Penn to whom he has conveyed all his real & personal 
 Estate in N. Jersey under his Rich*^" Bond to account Sec'' 
 when the estate in N. Jersey is sold &c'' 
 
46 The General Title of the Penn Family to Pennsylvania. 
 
 Bequeathes portions to his younger children (of whom he 
 names Granville, Juliana wife of W'" Baker, & Sophia) in 
 addition to the charges on the province amounting together 
 with such charges (after a competent provision for their 
 minority) to £10.000. each pble at full age or the marriage 
 of the daughters with their mother's consent if living — 
 
 do. Surplus of his personalty after fulfilling these dispo- 
 sitions " to 7ny eldest son John Penn " 
 
 Proviso, in case any younger son become an elder son or 
 any daughter succeed under the settlem* to his ^ of the 
 Province then such younger son or daughter shall not claim 
 any provision as a younger child 
 
 Charges £200. annuity for his widow in addition to the 
 £300 charged for her during life in the marriage settlem' — 
 so that she have £500 p. an : — this, by virtue of the articles 
 1732 May 8—1750 Jan^ 31 & Mch 20— [twenty years having 
 elapsed since 31 Jan^ 1750] Reciting that by thus limiting 
 an annuity of such amount he is now entitled to dispose of 
 her marriage portion vested in the Trustees of its settlem' 
 w'' he accordingly directs shall form a part of his English 
 personalty 
 
 Appoints his nephew Rich^ Penn & Rich*^ Hockley Ex""^ for 
 America. 
 
 Charges Penns^ & Delaware for the benefit of his widow & 
 younger children to the utmost extent ot the powers vested 
 by the several Articles of Agreem' — adding that wherever 
 under these articles a daughter would have a less or greater 
 portion than a younger son — the shares be equalized out of 
 the other Funds hereinbefore appropriated for the enlarge- 
 ment of their portions 
 
 P' Codicil, modifies the disposition in favour of the 
 younger children 
 
 Empowers American Ex" & the Survivor to compound & 
 compromise arreats of rents & dues for purchase money, 
 during the term of the Infancy of his eldest son John 
 
 Confirms the will where not altered hereby 
 
 2"* Codicil, small Legacies 
 
The General Title of the Penn Family to Pennsylvania. 47 
 
 3*^ do, having now more money than when he made will & 
 former codicils augments the portions of his younger chil- 
 dren by giving Granville £3500. pble at his full age with 
 Int. from testator's death at 3 p'" c* & to Sophia the like sum 
 with the same interest to commence at same time pble at 21. 
 or marriage with her mother's consent — If either die under 
 21 or Sophia under 21 & not so married the Legacy of such 
 party to lapse — in addition to their respective previous 
 portions — 
 
 1775 3Ich 21. 2 Yeates Re-ports 556 " Thomas Penn afore- 
 said died on the 21"^ March 1775 leaving lawful Issue male 
 John Penn the S"* of Stoke Pogis now living" ***** 
 '' Upon the decease of the said Thomas Penn, his eldest son 
 John did receive the arrears of rents, fines, purchase money 
 &c. under and by virtue of the will aforesaid of the said 
 Thomas Penn." 
 
 566. Shippen C.J. "Thus John Perm the eldest son of 
 Thomas after the death of his Father had one moiety of the 
 Province as Tenant in Tail under the will of his Uncle John 
 Penn, & one fourth under his Father Thomas, likewise in 
 tail, by virtue of Thomas's settlement on his marriage of 
 the 15*'^ August 1751 referred to in his will of 1771." 
 
 1779 Nov. '27 Act of Assembly ^ entitled "An act for vest- 
 ing the estates of the late Proprietaries of Penns^ in this 
 Commonwealth." 
 
 Sect. 5. Their Estate as it belonged to them 4 July 1776 
 in the soil & land within the limits of the late province now 
 State, together with the royalties franchises lordships & 
 other hereditaments granted in the Charter of Charles 2^ 
 vested absolutely in the Commonwealth of Penns* for the 
 
 1 Sm. LI. 479, Purd. 688 
 
 9 Wheaton 241, 4 Dall. 402, 1 Wash. C. C. R. 207, Peter's C. C. R. 
 496, Perm's L^'' v. Kirk tried Ap' Ss 1821. C C U. S. Phil^ See Judge 
 Washington's note Book and an Extra of the Independent Republican 
 published at York June 13 1821. Also Conn v Penn MSS. Same C in 
 Equity April Ss. 1824. (Judge W's Note Book) & the Decree of May 1, 
 1824. Same v. Same in Equity 1 Peter's. C. C. R. 496. Apr. Ss. 1818. 
 
48 The General Title of the Penn Family to Pennsylvania. 
 
 use and benefit of the Citizens thereof, as if the Charter were 
 repealed — [except as hereinafter excepted] 
 
 6. & shall henceforth renaain at the disposal of the Legis- 
 lature 
 
 7. Proviso confirming titles of all others than the propri- 
 etaries derived under them or their officers 
 
 8. do^ all & every the private estates lands & hereditaments 
 of any of the s*^ Proprietaries whereof they are now pos- 
 sesserd, or to which they are now entitled, in their private 
 several right or capacity, by devise purchase or descent, and 
 likewise all the Lands called & known by the name of the 
 Proprietary Tenths or Manors which were duly surveyed & 
 returned into the Land Office on or before the 4*'' day of 
 July in the year of our Lord 1776, together with the Quit or 
 other rents & arrearages of rents reserved out of the said 
 Proprietary tenths or manors or any part or parts thereof 
 which have been sold, be confirmed ratified & established 
 forever, according to such estate or estates therein, and 
 under such limitations, uses, & trusts, as in & by the several 
 & respective reservations, Grants & conveyances thereof are 
 directed & appointed. 
 
 9. Abolishes all Quit Rents except for Land within the 
 manors 
 
 10. Arrears of purchase money other than for lands 
 within the manors " shall be accounted to be due & pble to 
 the Com"^ " 
 
 11. Repeals all prior acts of the Legislature vesting any 
 right or authority in the Proprietaries their Officers or Ser- 
 vants as to the premises hereby vested in the Com**" 
 
 12. And whereas the freemen of this Com*'', being de- 
 sirous to manifest not only a regard to their own safety & 
 happiness but their liberality also, & remembrance of the 
 enterprizing spirit which distinguished the Founder of 
 Penns% & mindful of the expectations & dependance of his 
 descendants on the Propriety thereof, k also that sundry 
 Marriage Settlm*' & testamentary dispositions have been 
 made thereupon, w'' will be wholly defeated, & the parties 
 exposed to great disappointment & loss if no provision be 
 made therein 
 
The General Title of the Penn Family to Pennsylvania. 49 
 
 13. Be it therefore enacted^ that the sum of £130.000 Stg. 
 money of G. B. be p*^ out of the Treasury of this State, to 
 the devisees & legatees of Th: Penn & Bich^Penn late Pro- 
 prietaries of Pennsylvania respectively & to the widow & relict 
 of the s** Th : Penn, in such proportions as shall hereafter 
 by the Legislature be deemed equitable & just upon a full 
 investigation of their respective claims. 
 
 14.. Proviso^ that no part thereof be p^ within less than one 
 year after the war is ended ; & no more than £20.000 Stg. 
 nor less than £15.000 Stg. be p'^ in any one year until the 
 whole is discharged — 
 
 15 ^ 16. Officers upon penalty to deliver up Books & 
 papers &c^ 
 
 ^"18. 
 1787 Mch 28. Act of Assembly^ directing pay* of the Bal. 
 rem^ due of the £130.000. to John Penn the Younger & John 
 Penn. 
 
 Recites, the divestiog Act 1779 Nov. 27 
 Act of 1784 Apl. 1 
 1785 Feb^. 9. 
 1785 Mch. 16. 
 do, that the 1'' pay' of £15000. has not been fully made 
 altho' the lawful Representatives of the s*^ Th : Penn & 
 Rich*^ Penn & of the widow & relict of Th. P. have been 
 ready to receive it. 
 
 do, that Int. sh*^ be p'^ & funds be provided for the discharge 
 as well of the pay'^ already due as of those to become due, 
 with Int. from the times when pble respectively — 
 
 ^ 1 Smith's Laws 482, Note. " The various acts providing for the pay* 
 of this Legislative Grant which is now completely discharged with In- 
 terest are chap. 1119, 1126, 1273, 1551, 1716, which acts are of course ob- 
 solete." See 1 Dallas Laws, 825 (q) ; 2 do., 205, 240 (q), 256 (y). 512 ; 3 
 do., 67, 475. 
 
 ^ See the note, supra. 
 
 ^ The date & terms of this enactm* may aid the interpretation of the 
 articles between John & Rich*' sons of Rich'' Penn dated 1787 Mch llf,. 
 N» 23. infra. 
 
 4 
 
50 The General Title of the Penn Family to Pennsylvania. 
 
 1790 June 8 Appointment,^ Lady Juliana Penn and W™ 
 Baker the English Ex" of Th : Penn dec*^ to the legal Eep- 
 resentative of the survivor of the Trustees devisees named 
 in s"^ Testator's will of his private estates in Penns* not held 
 by him in his capacity of Proprietary 
 
 directing such appointee to reconvey the premises to John 
 Penn eldest son of a^ Testator in fee or as he sh*^ appoint 
 
 Recites the pay* of the testator's debts, funeral expenses, 
 Legacies, portions &c* with Int : that all the annuitants are 
 dead except Harriet Gordon (£20 p. an. of w^ arrears are all 
 p*^ & the future pay' secured) 
 
 do, that of the money given by the divesting act a sufficient 
 am* had been applied to the satisfaction of the various 
 charges upon the Testator's | of John's | of the former 
 province. 
 
 do, that Lady J.'s jointure had been secured to her satis- 
 faction upon English Property. 
 
 do, that the only younger children of the Testator who 
 survived him were Granville & Sophia. 
 
 Release by the Ex" to John Penn. 
 
 No. 20. 
 
 
 
 
 1750. Mch 21. 
 
 Will 
 
 
 
 1756. Jany 15. 
 
 Codicil 1. 
 
 1 
 
 of Richard Penn, Son of the 
 
 1760. Mch 13. 
 
 do. 2. 
 
 > 
 
 founder, 
 
 1763. Dec. 24. 
 
 do. 3. 
 
 Proved 1771. Mch. ^. 
 
 1768. July 13. 
 
 do. 4. 
 
 
 Prerog. C* Canterbury. 
 
 WiW appoints Ex" English W" Vigor 
 
 ^ Orig' not proved or Recorded. 
 
 * A Duplicate of the Probate before the Surrogate in England was 
 Recorded in the Office of the Registry of the Prerogative Court of N. 
 Jersey (now at Trenton, then at Burlington) on the 27"' Aug. 1772 in 
 Book N" 15. of Wills Folio 357. Of this we have a Transcript, certified 
 under the hand and seal of Office of the Register of that Court, to be a 
 true I'ranscript of the last will &g : remaining nf Record in his Office — To 
 this is annexed the Certificate of the Gov' of N. Jersey (the great seal 
 of the State being affixed according to the Act of Congress) that the 
 officer certifying this Transcript is Secretary of State & Register of the 
 
The General Title of the Penn Family to Pennsylvania. 51 
 
 Jos Frseme 
 
 American Lynford Lardner 
 
 Rich^ Peters 
 
 rgczYes Articles 8 May 1732; do, of 31 Jan^ 1750 & the 
 powers thereby vested in pursuance whereof 
 
 charges his \ with £100 Stg. jointure annuity to his wife for 
 life & £200 Stg. more during Widowhood in bar of Dower 
 
 do^ £3000. for younger children of w^ £2000. to his son W" 
 born since the death of testator's brother John — to equalize 
 W"" with the other younger children who had Legacies by 
 John's will — residue equally among the others — 
 
 devises "all my private & particular rights to any Manors^ 
 Tracts Lands Tenem'' or Hered*' " & his proprietary rights in 
 K. Jersey & all arrears of rents {of these sc :) to American Ex" 
 In Trust to sell collect & remit proceeds to English Ex". 
 
 As to " public & gen^ Rents, Q* Rents, arrears, purchase 
 monies, Issues & profits of the s'^ Prov : of Penns* & of the 
 8** 3 Lower Coys," to belong to him at his decease either in 
 respect of his own orig^ 4'^ p' or such other p* or the whole 
 as he may die seized of. 
 
 Bequeathes so much as collected before next quarter day 
 after his death to be remitted to English Ex" as p' of Eng- 
 lish personalty, residue, to go along with the Land & vest 
 in the Tenant in possession when collected. 
 
 Devises his 4'^ to his elder son John for life without im- 
 peachm* &c* in strict settlem\ Renf to his first & every other 
 son successively in Tail Male 
 
 Rem^ in like manner to his 2*^ son Iiic¥ for life & his sons 
 in Tail Male 
 
 RenC similiter to 3* son W"* &c* 
 
 Prerogative Court of N. Jersey &c* & that his certificate &c* & that 
 full faith &c» 
 
 (See the Act of Congress of 27 Apr. 1804, Ingii Abr. 299. Also, the 
 Act of Assembly of 1705. 1 Sm LI. 33. Purd. 800. 1 Dall. 2, Q>Q. 5. S, & 
 R. 212, 10 do 89. Also the Act of the N. Jersey Legislature. 
 
 This will is referred to in 2 Yeates 555, 566. 
 
 ^ Qu : if the Proprietary Manors in Penns^^ included in this devise ? It 
 seems not. 
 
52 The General Title of the Penn Family to Pennsylvania. 
 
 Refill^ similiter to testator's Brother Thomas for life & his 
 sons successively in Tail Male 
 
 Rem'' to Heirs of Body of Testator's son John 
 c?o, do, do, Rich*^ 
 
 do, do, do, W" 
 
 do, do, any other sons successively 
 
 Rem^ in strict settlem* to Testator's daughter Hannah for 
 life & her sons successively in Tail Male. Rem' to heirs of 
 her Body 
 
 Rern' to Heirs of body of Th : Penn 
 
 Rem^ " to my niece Philad* Hannah Frseme only surviving 
 child of my late sister Margaret Fraeme" in strict settlem* for 
 life, Rem' to her sons successively in Tail Male, Rerrf to heirs 
 of her Body 
 
 Rem^ to Sprigett Penn & his stock in like manner except 
 the interposition of an estate in Tail gen* to his sons succes- 
 sively before the Estate to himself in Tail gen* (& this plan 
 is pursued through the whole of the following limitations) 
 
 Remainders successively in like manner to the following 
 persons & their respective stocks viz. 
 Christiana Gulielma Penn 
 Robt.'Edw. Fell 
 Mary Margaretta Barron 
 Gulielma Maria Frances Newcomb 
 
 Remainder to his own right Heirs 
 
 Proviso in Case of Females the eldest & her stock to take 
 alone & so on successively &c% their husbands to take the 
 name & wear the Arms of Penn 
 
 Confirms the previous disposition of arrears of Rents & 
 dues of purchase money not collected the quarter day after 
 his decease — enjoining, recommending & as far as in him 
 lies providing that future Tenants in possession shall ac- 
 quiesce in this disposition & confirm it as to all arrears to 
 accrue thereafter, giving excellent reasons at large & 
 shewing how he himself, in setting the example, relinquishes 
 a large am' of money which might in strictness be deemed 
 his personalty — 
 
 repeating the same with respect to John's moiety & if any 
 
The General Title of the Penn Family to Pennsylvania. 53 
 
 who take under this will succeed likewise to that, provides, 
 accordingly — 
 
 Recites the necessity of large powers in any Tenant for 
 the time being, of a qualified Interest in premises such as 
 the province — the nature & wants of this Estate 
 
 Disclaims the intention to fetter alienation or deprive pos- 
 sessor for time being of any useful power 
 
 Empoxoers every successive Tenant in possession to exer- 
 cise the same authorities as though seized in Fee simple, for 
 all the purposes enumerated in the articles of 1732 & 1750, 
 (which purposes he enumerates but does not expressly men- 
 tion the Articles) 
 
 Directs English Ex" to release his 4'*' from the charge in 
 favour of the younger children upon the tender by the ten- 
 ant in possession for the time being of his own personal 
 security therefor 
 
 Codicil 1'', (confirms will, except) Instead of | of the ^£3000, 
 charged for younger children going to W"* as above pro- 
 vided, directs its equal distribution & bequeaths to W» 
 £2000. out of his English personalty 
 
 Codicil 2* Recites the death of his son W° & that his tioo 
 younger children are Hannah & Richard, 
 (confirms preceding) 
 
 Codicii S** exclusively English, confirms above dispositions. 
 
 Codicil 4'^ Recites the date of his son W^'s death to have 
 been 4 Feb. 1760. 
 
 Bequeathes 7000 £Stg. to Hannah his daughter (subject to 
 an annuity of £20, to F. Lardner) 
 
 Revokes his will as to the £3000. charged upon his 4''' of 
 Penns* &c* by 
 
 Charging the whole in favour of his son Richard — whom he 
 makes 
 
 Residuary Legatee — & to whom he 
 
 Devises in fee K. Jersey & arrears due therefor at his 
 death. 
 
54 The General Title of the Penn Family to Pennsylvania. 
 
 Recites, two English Ex" dead. 
 Appoints his wife sole English Ex"" in their stead. 
 Confirm^ his will & previous Codicils where not hereby 
 altered. 
 
 ^"21 
 
 1795 Janv ^. Will^ of John Penn son of Rich'^ (Proved at 
 Philad"' 18. Feb^ 1795) charges upon his \ of Springetsbury 
 Manor Philad* 0°^ £1000. Stg— pble to each of the younger 
 children of his Brother Rich*^ who shall be living at the 
 time of his death — subject thereto 
 
 Devises his 4"' of this Manor to Rich** his Brother for life 
 Rem' to W"" son of his Brother Rich"* in Tail male Rem' to 
 his nephew Rich^ son of this Brother in Tail male Rem' to 
 his Brother in fee 
 
 Residue to his wife 
 
 2 Yeates 575^ Shippen C, J. The life of the elder son 
 (sc : of the 1'' Rich^ Penn) " advanced in years was held by 
 a tenure highly uncertain. He had been long married but 
 had no prospect of Issue." — These remarks refer to the 
 date of 1787. In connection with the silence of the will 
 upon the subject of Issue they furnish a fair presumption 
 that the Testator left none. 
 
 N°22 
 1774 May 17. Indenture Parties, 1. R-* Peters, L** Lardner, 
 R** Hockley [Devisees & Trustees named in the will of R* 
 Penn] 
 
 2. John Penn son of Rich"* 
 
 3. Rich<» 2^ son of Rich"* 
 
 ^ Exemp'° from Register's Off. at Phil" 
 
 This paper is of no use as to the gen^ Title except so far as it helps 
 the proof of pedigree — Otherwise it w"* be out of place here. 
 
 '2 Yeates, 561. the counsel say of Richardson of Rich** "He was heir 
 apparent in 1787 when the prospect of his Brother's having Issue was 
 almost extinct." 
 
 'Recorded at Philad* Nov. U. 1783. in Book D. Vol. 8. p. 39 &c* 
 proved by one witness before Ch. J. RPKean in 1783.) Orig' missing 
 Exemplification from Record at Philad' 
 
 2 Yeates 556-7, 568 
 
The General Title of the Penn Family to Pennsylvania. 55 
 
 Recites Will of 1'' Rich Perm & the separate devises therein 
 of his 4'** of the province — & of his private & particular 
 right to Manors &c^ 
 
 do, that a question was made whether the 4"' p* of the 
 Manors & reserved Lands laid off by the Founder or any of 
 his sons or of Tracts by them purchased of others ought 
 under the latter devise to be sold & the proceeds remitted to 
 the Testator's English Ex" 
 
 Release and Disclaimer for divers good causes & consid- 
 erations & 5 sh. Rich'' to John of all claims to the s'* 4"* of 
 their Father's Lands &c* Habendum to John & his heirs for 
 such term & estate as that for which the province is in him 
 vested by their father's will 
 
 Grant, Parties 1" P' to John (with consent of Rich'') Ha- 
 bendum to John & his heirs for such uses & estates with 
 remainder to the same persons in the same manner & upon 
 the like contingencies as those for & subject to which his 
 late father's 4*** of province is in him vested by his father's 
 will 
 
 N" 23. 
 
 1787 Mch 14.. Articles of Agreem' ^ between John & Rich* 
 sons of the 1'' Rich'' Penn 
 
 Recites the divesting act Nov. 27. 1779 
 
 do, that it is reasonable & proper that after so great an 
 alteration in the affairs & estate of the Proprietary Family 
 the £130.000 Stg directed by that act to be paid to the De- 
 visees & Legatees of Rich* Penn dec* sh'' be settled & pro- 
 portioned in an Equitable & consciencious manner so far as 
 concerns the Parties hereto 
 
 Mutual CW^ that so much of the £130.000. as has been or 
 shall be p** during the life of John shall be rec* by him & 
 that as received by him one 3'* of it shall be by him paid 
 over to Rich'' 
 
 ^ Duplicates, One executed by John Recorded at Philad' 18"" June 
 1787. Book N" 19. page 59 — Exempln produced 
 
 The other executed by Rich" recorded Nov' 13. 1788 in Book N" 20. 
 p. 411. Of this origl produced 
 
 2 Yeates 557-8, 568-9. 
 
56 The General Title of the Penn Family to Pennsylvania. 
 
 do, that all monies arising from any sales of their late 
 father's share of the Lands in Penns^ made since 27 Nov' 
 1779 or to be made hereafter during John's life shall be rec* 
 by John who shall pay over one 3^ of them to Rich* as often 
 as rec*^ 
 
 Proviso reserving to John the powers with which he is 
 vested under former agreem'' & wills so far as to grant & 
 dispose of any parts or part of the premises in order that 
 the same may be reconveyed | to John in fee simple & | to 
 Rich*^ in fee simple — reserving thereupon some quit rent 
 
 Note 
 
 The case of Rich*^ Penn vs. the Ex" of John Penn decided 
 in the Supreme Court in 1800 & reported 2 Yeates 550. arose 
 from a difference in the construction of this Agreement. 
 The plaintiff claimed the whole of all the moneys raised from 
 sales made in his Brother's lifetime, which moneys were not 
 collected in by the quarter day next after his Brother's de- 
 cease. The Court held that he was only entitled to one third 
 of these monies, on the ground that these articles provide 
 for a distribution of the proceeds whenever collected of sales 
 made during John's lifetime. 
 
 Had these articles been out of the question, there would 
 have been great difficulty in deciding whether under the 
 Family agreements, settlem" & devises these proceeds not 
 collected would have belonged to John's Ex" or would have 
 (in equity) vested in the next in remainder, by whom they 
 were collected in his lifetime or in hand before the Quarter 
 day next after his death. 
 
II. 
 
 The Abstract of the Penn title prepared by the late 
 Judge Cadwalader brings it down to the death of John 
 Penn (2d) in 1795, and ends with a statement of the re- 
 sults of the case of Richard Penn (2d) vs. The Executors 
 of John Penn (2d), reported in 2 Yeates' Pennsylvania 
 Supreme Court Reports. The report of the case, which 
 was decided in the year 1800, goes extensively into the 
 title from the execution of the first agreement entered into 
 on May 8, 1732, by the three brothers, John (Ist), Thomas, 
 and Richard (1st) Penn, — the "Joint Proprietaries" as they 
 were called, — to create the Entail of Pennsylvania and the 
 Three Lower Counties upon Delaware in their descendants. 
 This entailment continued strictly in force as to the Penn- 
 sylvania estates until it was barred in 1870. 
 
 When the Divesting Act of November 27, 1779,^ was 
 passed by the Legislature of Pennsylvania, grave doubts 
 existed in the minds of many as to its effectiveness in case 
 the Penns should decline to accept the sum of £130,000 
 Stg., the compensation provided for by the Act. As, how- 
 ever, they did accept the money after the Revolutionary 
 War was ended they were estopped from claiming all lands 
 and estates in Pennsylvania other than their private estates, 
 including the Proprietary Manors, which had been laid out 
 for them prior to July 4, 1776, and which had been ex- 
 pressly saved to them by the terms of the Act. But no 
 such act of generosity — honesty it might perhaps be called 
 — as the payment to the Penns of some compensation for 
 the loss of their estates in the Three Lower Counties upon 
 Delaware can be credited to the State of Delaware, as they 
 
 ^ See latter part of Item No. 17 of Judge Cadwalader's Abstract, 
 supra. 
 
58 The General Title of the Penn Family to Pennsylvania. 
 
 came to be called, and consequently there was no estoppel 
 as to them. 
 
 To trace out the intricacies of the further devolution of 
 the entail it is necessary to start again from the beginning; 
 but, to simplify the statement, many technical words and 
 terms are omitted, as also the frequent limitations to David 
 Barclay and Thomas Hyam in trust in strict settlement to 
 preserve the contingent remainders, only the bare results 
 being given of the old-time, verbose phraseology of the 
 various legal documents. To avoid repetition to some ex- 
 tent, the genealogical details are given more fully than else- 
 where under the " Share of John Penn (1st)." The names 
 of the actual tenants-in-tail, and, after the entail was barred, 
 those of the actual owners in fee simple, are printed in 
 heavier-faced type. 
 
 By the effect of the "WilP of William Penn the Founder, 
 and the Appointment in pursuance thereof^ by Hannah 
 Penn (his second wdfe), the title became vested in fee simple 
 among their sons, as follows : 
 
 John Penn (1st), one-half. 
 
 Thomas Penn, one-fourth. 
 
 Richard Penn (Ist), one-fourth. 
 
 SHARE OF JOHN PENN (Ist), 
 
 known as " The American," the eldest son of William 
 Penn the Founder by his second marriage. He was born 
 in Philadelphia, Pennsylvania, January 29, 1699/1700, and 
 died unmarried, without issue, at Hitcham, Buckingham- 
 shire, England, October 25, 1746,^ and was buried at Jordans. 
 The entailment of his one-half of the General Estate was 
 
 ' See Items Nos. 4 and 5 of Judge Cadwalader's Abstract, supra. 
 
 * The date given in recital in the marriage settlement of Thomas Penn 
 is "on or about the twenty ninth day of October, One thousand seven 
 hundred and forty six." The date in the text is that given by Mr. 
 Howard M. Jenkins in "The Family of William Penn," quoting from 
 an obituary notice of John Penn in the Oxford Flying Weekly Journal of 
 November 1, 1746. 
 
1 Vault 
 in this CRurcK are 
 
 
 ivi-^^ 
 
 deposited the remains i 
 
 iW Thomas ?enn. 
 
 of Stoke Park, in this Parish; 
 
 (Son of William Penn. 
 
 ,^,^ Founder of Pennsylvania.) 
 ^lij^^^Born 1701. Married nsi.Died 1775. 
 
 ^S^ Rnilofhis wifeThc R'Hon.Lady Juliana Petin? 
 
 ^■&W ^■' I>«"g.'»'*^'" of Thomas ]•.■ Earl of Pomfret. 
 
 Born 1720. Married i7Si.Di?d isoi. 
 
 Also the r«>maina. of their Sons 
 
 lohn Ponn. of Stoke Park Born i76o.Dipd 1^34. 
 
 And CraitVillc Pcnn, of Stoke Park: 
 
 Born 17 61. Married 1701. Died is-t-v. 
 
 Also Isabella. wife of the above (Tranville Pcrtti. 
 
 eldest Daughter ofGrn' Gordon Forbes, Col. z»* Reg' 
 
 Born 1771. Married aei. Died i«*7. 
 
 And of their Sons 
 
 CraPVllic .John, late of stoke Park Bort» mot. Died iB«7 
 
 Thomas Gordon. in Hol^' 0rd»'ra.BornisPi.Diediii«9 
 
 William. Born ihh. Died i«4b. 
 
 Aluo lh«ir Daughters 
 
 Sophj a. 1- wife of F M Sr WT Comm.C CB G J.CofcLsireain Cuai 
 
 Born i70», MarrirdisiB.Died \*-tt. 
 
 Louisa Kmily.Born n»A. Died m*t. 
 Isabella Mary. Bom i7i.fi. Died iM«e. 
 Henrietta Annc.Bom 1797. Died tess. 
 
 
 i4^^:mf:jmi'is,!ii<^>MmB^^^ 
 
Stoke Poges. — Additional note to page 59. 
 
 On September 4, 1901, I visited Stoke Poges, going by rail from Lon- 
 don to Slough, driA'ing thence to Stoke Poges and Stoke Park, and 
 returning by way of Eton and Windsor. In doing so I ascertained the 
 following facts : 
 
 1. Stoke Poges is the name of the parish in which is the celebrated old 
 church of St. Giles, in the churchyard of which Thomas Gray, the poet, 
 wrote the Elegy, and is buried. It is also the name of the post-office. 
 The village consists of a long street with straggling houses, each built 
 at some distance from the other. It is called ' ' Stoke' ' for brevity. In 
 the church is the mural tablet, a memorial to the Penn Family, of which 
 a photographic fac-simile appears on the opposite page. 
 
 2. Stoke Park, the name of the principal estate in the parish of Stoke 
 Poges, belonged to the Penn family from 1760 until 1848. The Man- 
 sion House is about two hundred yards from the old church. The old 
 Manor House, or what remains of it, is also in the immediate vicinity. 
 Stoke Park, which contains about thirteen hundred acres and the finest 
 herd of deer in England, now belongs to Wilberforce Bryant, the head 
 of the match-manufacturing firm of Bryant & May. He is the present 
 lord of the manor of Stoke Poges. The Duke of Leeds is the patron 
 of the living of the parish church of Stoke Poges. Mr. Bryant bought 
 Stoke Park about 1888 from Mr. Coleman of "Coleman's Mustard" 
 fame. It is plainly visible from Windsor Castle, and vice versa. 
 
 3. Stoke Place, another estate in the parish, belongs to Colonel 
 Howard Vyse. 
 
 4. Stoke Court is the present name of the estate upon which the cot- 
 tage of Gray, the poet, once stood. It was then known as the "West 
 End Farm," Stoke Poges. The house in which he lived is not now 
 standing. 
 
 Wm. Brooke Rawle, 
 
The General Title of the Penn Family to Pennsylvania. 59 
 
 effected by his Will, dated October 24, 1746 ; proved in 
 England November 12, 1746; registered at Philadelphia in 
 "Will Book H, p. 295, &c., and was as follows : 
 To Testator's brother, Thomas Penn, for life. 
 
 Thomas Perm was born in Bristol, England, March 9, 1701/2 ; mar- 
 ried Aug. 22, 1751, Lady Juliana Farmor, daughter of Thomas, 
 Earl of Pomfret, and died March 21, 1775. She died Nov. 
 20, 1801. His issue were : 
 
 1. William Penn, born June 21, 1752 ; died Feb. 14, 1753 ; buried 
 
 at Penn, Bucks, England. 
 
 2. Juliana, born May 19, 1753; married May 23, 1771, William 
 
 Baker, of Bayfordbury, Hertfordshire. She died April 23, 1772, 
 - and was buried at Stoke Poges.^ Her only child 
 
 (1) Juliana, married Jan. 18, 1803, John Fawsitt Herbert 
 Rawlins, and died without issue, Sept. 11, 1849, atGun- 
 ter's Grove, Stoke Courcy, Somersetshire. 
 
 3. Thomas Penn, born July 17, 1754; died Sept. 5, 1757, and was 
 
 buried at Penn. 
 
 4. William Penn, born July 22, 1756 ; died April 24, 1760, and was 
 
 buried at Penn. 
 
 5. Louisa Hannah, born July 22, 1756 (twin with William) ; died 
 
 June 10, 1766, and was buried at Penn. 
 
 6. John Penn (3d), born .Feb, 23, 1760; died June 21, 1834, un- 
 
 married, without issue. He was buried at Stoke Park. He 
 was called "junior" during the lifetime of his cousin, John 
 Penn (2d), son of Richard Penn (1st). 
 
 7. Granville Penn, born in London, Dec. 9, 1761 ; married June 
 
 24, 1791, Isabella, daughter of General Gordon Forbes, and 
 died Sept. 28, 1844, and was buried at Stoke Park, leaving 
 issue, as hereinafter stated. 
 
 8. Sophia Margaretta, born Dec. 25, 1764; married May 3, 1796, 
 
 Archbishop William Stuart (1st), youngest son of John, third 
 Earl of Bute. She died April 29, 1847, and was buried in the 
 Stuart family vault at Luton, Bedfordshire. She left issue as 
 hereinafter stated. In her line the entire title ultimately vested. 
 
 Remainder to the first son of said Thomas Penn in tail 
 male. 
 
 John Penn (3d), who was his eldest surviving son, died June 21, 
 1834, unmarried, without issue, as hereinbefore stated. 
 
 ^ The place seems to have been called Stoke, Stoke Poges, and Stoke 
 Park indiscriminately. It is situated in Buckinghamshire, near Eton. 
 
60 The GeTieral Title of the Penn Family to Pennsylvania. 
 
 Remainder to the second, third, and other sons of said 
 Thomas Penn successively according to seniority in tail male. 
 
 Granville Penn, who was his second surviving son, died Sept. 28, 
 1844, as hereinbefore stated. His issue were : 
 
 1. John William Penn, who died in infancy without issue, and was 
 
 buried at Stoke Poges, Dec. 18, 1802. 
 
 2. Granville John Penn, born in 1802, and died March 29, 1867, 
 
 unmarried, without issue. He was buried at Stoke Poges. 
 
 3. Thomas Gordon Penn (Rev.), born in 1803 and died Sept. 
 
 10, 1869, unmarried, without issue, and was buried at Stoke 
 Poges. He was the last tenant in tail mail of the entire estate. 
 
 4. William Penn, born in 1811, and died at Brighton, Jan. 7, 1848, 
 
 unmarried, without issue. 
 
 5. Juliana Margaret, died in infancy, unmarried, without issue, 
 
 and was buried at Stoke Poges, March 21, 1804. 
 
 6. Sophia, married, in 1818, Lieutenant-Colonel, afterwards Field- 
 
 Marshal Sir William Maynard Gomm, K.C.B. She died with- 
 out issue, and was buried at Stoke Poges, March 9, 1827. 
 
 7. Louisa Emily, died unmarried, without issue. May 27, 1841. 
 
 8. Isabella Mary, died at Brompton, unmarried, without issue, Jan. 
 
 28, 1856. 
 
 9. Henrietta Anne, died at Brompton, unmarried, without issue, 
 
 June 13, 1855. 
 
 Remainder to Testator's brother, Richard Penn (Ist), for 
 life. 
 
 Eichard Penn (1st) was born in Bristol, England, Jan. 17, 1705/6; 
 married Hannah, daughter of Dr. John Lardner, of London. 
 He died near London, Feb. 4, 1771, and was buried at Stoke 
 Poges. She died near London, April 20, 1785. His issue were : 
 
 1. John Penn (2d), born in London, July 14, 1729; Deputy Gov- 
 
 ernor of Pennsylvania, 1763 to 1771, and again from 1773 to 
 July 4, 1776 ; married, first, a daughter of James Cox, of 
 London. She died without issue. He married, secondly. May 
 81, 1766, Ann daughter of Chief-Justice William Allen, of 
 Philadelphia. He died without issue, Feb. 9, 1795, in Bucks 
 County, Pennsylvania, and was buried in Christ Church, Phil- 
 adelphia. He was known as John Penn " the elder," while 
 his cousin, John Penn (3d), son of Thomas Penn, was known 
 as "junior." His executors were the defendants in the case 
 of Penn vs. Penn's Executor's, 2 Yeates, 550. 
 
 2. Hannah, married to James Clayton. She died in Cavendish 
 
 Square, London, without issue, and was buried from there at 
 Stoke Poges, Oct. 2, 1791. Her husband was buried there, 
 Jan. 23, 1790. 
 
The General Title of the Penn Family to Pennsylvania. 61 
 
 3. Richard Penn (2d), born 1735; Lieutenant-Governor of Penn- 
 
 sylvania 1771-73; married, Philadelphia, May 21, 1772, Mary, 
 daughter of William Masters; died at Richmond, England, 
 May 27, 1811, and was buried at Stoke Poges, leaving issue, as 
 hereinafter stated. He was the plaintiff in the case of Penn 
 vs. Penn's Executors, cited above. 
 
 4. William Penn, died without issue, Feb. 4, 1760, aged 12 years 
 
 and 8 months, and was buried at Penn, Bucks. 
 
 Remainder to Testator's nephew, John Penn (2cl), eldest 
 son of Richard Penn (Ist), for life. 
 
 John Penn (2d), died Feb. 9, 1795, without issue, as hereinbefore 
 stated. 
 
 Remainder to the first son of said John Penn (2d) in 
 tail male. 
 
 There was none, as hereinbefore stated. 
 
 Remainder to the second, third, and other sons of said 
 John Penn (2d) successively according to seniority in tail 
 male. 
 
 There were none, as hereinbefore stated. 
 
 Remainder to Testator's nephew, Richard Penn (2d), 
 second son of Richard Penn (Ist), for life. 
 
 Richard Penn (2d) died May 27, 1811, as hereinbefore stated. His 
 issue were : 
 
 1. William Penn, born in England, June 23, 1776; married, 
 
 Philadelphia, Aug. 7, 1809, Juliana Catharine, daughter of 
 Jacob Balabriga, and died in London, Sept. 17, 1845, without 
 issue. 
 
 2. Hannah, died at Richmond, England, July 16, 1856, unmarried, 
 
 without issue. 
 8. Richard Penn (3d), died at Richmond, England, April 21, 1863, 
 aged 79 years, unmarried, without issue. 
 
 4. Mary, born April 11, 1785 ; married, 1821, Samuel Paynter, of 
 
 Richmond. She died March 26, 1863, without issue. 
 
 5. An infant daughter, mentioned but not named in the Gentle- 
 
 Tiian's Magazine as having died June 17, 1790, — " the youngest 
 daughter of Richard Penn, Esq." 
 
 Remainder to the first son of said Richard Penn (2d) in 
 tail male. 
 
62 The General Title of the Penn Family to Pennsylvania. 
 
 William Penn, died Sept. 17, 1845, married, without issue, as herein- 
 before stated. 
 
 Kemainder to the second, third, and other sons of said 
 Richard Penn (2d) successively according to seniority in 
 tail male. 
 
 Richard Penn (3d), the second son, died April 21, 1863, unmarried, 
 without issue, as hereinbefore stated. There were no other sons. 
 
 Remainder to every other son and sons of Testator's 
 brother, Richard Penn (Ist), successively according to 
 seniority in tail male. 
 
 William Penn, the third and last son, died Feb. 4, 1760, unmarried, 
 without issue, as hereinbefore stated. 
 
 Remainder to the Heirs of the Body of Testator's brother, 
 Thomas Penn, in tail general. 
 
 This limitation ultimately went into effect, as hereinafter shown, in 
 the line of Sophia Margaretta Stuart, the youngest daughter of 
 Thomas Penn. 
 
 With further limitations over in default thereof, which did 
 not take effect.^ 
 
 SHARE OF THOMAS PENN, 
 
 the second son of William Penn the Founder by his second, 
 marriage. He was born in Bristol, England, March 9, 
 1701/2; married, August 22, 1751, Lady Juliana Farmor, 
 fourth daughter of Thomas, Earl of Pomfort. He died 
 in London, March 21, 1775. She died in Surrey, Nov. 20, 
 1801. Their issue surviving him, as hereinbefore shown, 
 were: 
 
 1. Juliana Rawlins, who died without issue, Sept. 11, 1849, the only 
 
 child of Juliana Baker, who died April 23, 1772, the eldest 
 daughter of Thomas Penn, as hereinbefore stated. 
 
 2. John Penn (8d), who died June 21, 1834, unmarried, without 
 
 issue, as hereinbefore stated. 
 
 * These limitations over are given in brief in Item No. 13 of Judge 
 Cadwalader's Abstract, supra. 
 
The General Title of the Penn Family to Pennsylvania. 63 
 
 3. G-ranville Penn, who died Sept. 28, 1844, aud his descendants, 
 
 as hereinbefore stated. 
 
 4. Sophia Margaretta Stuart, who died April 29, 1847, and her de- 
 
 scendants, as hereinafter stated. 
 
 The entailment of Thomas Penn's one-fourth of the 
 General Estate was eiFected by Indentures of Lease and 
 Release executed by him in Settlement prior to his marriage 
 with Lady Juliana Farmor. These were dated August 14 
 and 15, 1751, respectively, and recorded at Philadelphia in 
 Deed Book G W R, No. 31, pages 51 and 53, &c., respec- 
 tively. The limitations were as follows : 
 
 To the use of the Settlor Thomas Penn for life. 
 
 Remainder to the first sou of the body of said Thomas 
 Penn on the body of the said Lady Juliana, his intended 
 wife, to be begotten, in tail male. 
 
 John Penn (3d), the eldest surviving son, died June 21, 1834, un- 
 married, without issue, as hereinbefore stated. 
 
 Remainder to the second, third, and other sons of the 
 body of the said Thomas Penn on the body of the said 
 Lady Juliana to be begotten successively according to 
 seniority in tail male. 
 
 Granville Penn, the second and last surviving son of Thomas Penn, 
 died Sept. 28, 1844, leaving male issue to survive him, as here- 
 inbefore shown, viz. : 
 
 1. Granville John Penn, the eldest surviving son of Granville 
 
 Penn, died March 29, 1867, without issue, as hereinbefore 
 stated. 
 
 2. Thomas Gordon Penn, the second surviving son of Granville 
 
 Penn, died Sept. 10, 1869, without issue, as hereinbefore 
 stated. 
 
 3. William Penn, the third surviving son of Granville Penn, died 
 
 Jan. 7, 1848, without issue, as hereinbefore stated. 
 
 Remainder to the first son of the body of the Settlor 
 Thomas Penn on the body of any other woman (whom he 
 shall marry after the death of the said Lady Juliana) law- 
 fully to be begotten in tail male. 
 
 There were none. Lady Juliana survived her husband, as hereinbefore 
 stated. 
 
64 The General Title of the Penn Family to Pennsylvania. 
 
 Kemainder to the second, third, and other sons of the 
 body of the Settlor Thomas Penn on the body of any such 
 after taken wife as aforesaid lawfully to be begotten success- 
 sively according to seniority in tail male. 
 
 There were none, as hereinbefore stated. 
 
 Remainder to Settlor's only surviving brother, Richard 
 Penn (1st), for life. 
 
 Richard Penn (1st) died Feb. 4, 1771, leaving issue surviving him, as 
 hereinbefore shown. 
 
 Remainder to Settlor's nephew, John Penn (2d), eldest 
 son of Richard Penn (Ist), for life. 
 
 John Penn (2d) died Feb. 9, 1795, without issue, as hereinbefore 
 stated. 
 
 Remainder to the first son of said John Penn (2d) in tail 
 male. 
 
 There was none, as hereinbefore stated. 
 
 Remainder to the second, third, and other sons of said 
 John Penn (2d) successively according to seniority in tail 
 male. 
 
 There were none, as hereinbefore stated. 
 
 Remainder to Settlor's nephew, Richard Penn (2d), second 
 son of Richard Penn (1st), for life. 
 
 Richard Penn (2d) died May 27, 1811, leaving issue surviving him, 
 as hereinbefore shown. 
 
 Remainder to the first son of said Richard Penn (2d) in 
 tail male. 
 
 William Penn died Sept. 17, 1845, without issue, as hereinbefore 
 stated. 
 
 Remainder to the second, third, and other sons of said 
 Richard Penn (2d) successively according to seniority in 
 tail male. 
 
 Richard Penn (3d), second son, died April 21, 1863, unmarried, with 
 out issue, as hereinbefore stated. 
 
The General litle of the Penn Family to Pennsylvania. 65 
 
 Remainder to Settlor's nephew, William Penn, third son 
 of Eichard Penn (Ist) in tail male. 
 
 William Penn died Feb. 4, 1760, in infancy, unmarried, without issue, 
 as hereinbefore stated. 
 
 Remainder to all other sons of Richard Penn (Ist) suc- 
 cessively according to seniority in tail male. 
 
 There were none. 
 
 Remainder to the Heirs of the Body of him the Settlor, 
 Thomas Penn, in tail general. 
 
 This limitation ultimately went into effect, as hereinafter shown, in 
 the line of Sophia Margaretta Stuart, the youngest daughter of 
 Thomas Penn. 
 
 With further limitations over in default thereof, which 
 did not take effect.^ 
 
 SHARE OF RICHARD PENN (Ist), 
 
 the third son of William Penn the Founder by his second 
 marriage. He was born in Bristol, England, January 17, 
 1705/6; married Hannah, daughter of Dr. John Lardner, 
 of London; died near London, February 4, 1771, and was 
 buried at Stoke Poges, Buckinghamshire, England. She 
 died near London, April 20, 1786. His issue surviving him, 
 as hereinbefore shown, were : 
 
 1. John Penn (2d), who died without issue, Feb. 9, 1795, as hereinbe- 
 
 before stated. 
 
 2. Hannah Clayton, who died without issue, and was buried Oct. 2, 
 
 1791, as hereinbefore stated. 
 
 3. Richard Penn (2d), who died May 27, 1811, and his descendants, as 
 
 hereinbefore stated. 
 
 The entailment of Richard Penn's one-fourth of the Gen- 
 eral Estate was affected by his Will dated March 21, 1750; 
 proved in London, England, March 4, 1771, with four codi- 
 cils. Recorded in the Prerogative Court at Burlington, 
 
 * These limitations over are given in brief in Item No. 16 of Judge 
 Cadwalader's Abstract, supm. 
 
66 The General Title of the Penn Family to Pennsylvania. 
 
 New Jersey, iu Book No. XV., of Wills, fol. 357. The 
 limitations were as follows : 
 
 To Testator's elder son, John Penn (2d), for life. 
 
 John Penn (2d) died Feb. 9, 1795, married, without isaue, as herein- 
 before stated. 
 
 Remainder to the first son of said John Penn (2d) in tail 
 male. 
 
 There was none, as hereinbefore stated. 
 
 Remainder to the second, third, and other sons of said 
 John Penn (2d) successively according to seniority in tail 
 male. 
 
 There were none, as hereinbefore stated. 
 
 Remainder to Testator's second son, Richard Penn (2d), 
 for life. 
 
 Richard Penn (2d) died May 27, 1811, leaving issue surviving him, 
 as hereinbefore shown, viz. : 
 
 1. "William Penn, who died Sept. 17, 1845, married, without 
 
 issue. 
 
 2. Hannah, who died July 16, 1856, unmarried, without issue. 
 
 3. Richard Penn (3d), who died April 21, 1863, unmarried, with- 
 
 out issue. 
 
 4. Mary, who married Samuel Payuter, and died March 26, 1863, 
 
 without issue. 
 
 Remainder to the first son of said Richard Penn (2d) in 
 tail male. 
 
 William Penn died Sept. 17, 1845, married, without issue, as here- 
 inbefore stated. 
 
 Remainder to the second, third, and other sons of said 
 Richard Penn (2d) successively according to seniority in tail 
 male. 
 
 Richard Penn (3d), the second son, died April 21, 1863, without 
 issue, as hereinbefore stated. He was the last tenant in tail male 
 of the Richard Penn (1st) one-fourth, and upon his death it went 
 over to Granville John Penn in tail male, as hereinafter shown. 
 
 WC, 
 
The General Title of the Penn Family to Pennsylvania. 67 
 
 Remainder to Testator's third son, William Penn, in tail 
 male. 
 
 William Penn died Feb. 4, 1760, without issue, as hereinbefore stated. 
 
 Remainder to Testator's other sons successively according 
 to seniority in tail male. 
 
 There were none, as hereinbefore stated. 
 
 Remainder to Testator's brother, Thomas Penn, for life. 
 
 Thomas Penn died March 21, 1775, leaving issue, as hereinbefore 
 stated. 
 
 Remainder to the first son of said Thomas Penn in tail 
 male. 
 
 John Penn (3d), the eldest surviving son of Thomas Penn, died June 
 21, 1834, unmarried, without issue, as hereinbefore stated. 
 
 Remainder to the second, third, and other sons of said 
 Thomas Penn successively according to seniority in tail 
 male. 
 
 Granville Penn, the second and last surviving son, died Sept. 28, 1844, 
 leaving male issue surviving him, as hereinbefore shown, viz. : 
 
 1. Granville John Penn, his eldest surviving son, who died 
 March 29, 1867, without issue. This limitation went into effect 
 upon the death, without issue, of Richard Penn (3d), as herein- 
 before stated, 
 
 2 Thomas Gordon Penn, the second surviving son of Granville 
 Penn, died Sept. 10, 1869, unmarried, without issue. This 
 limitation went into effect upon the death, without issue, of 
 Granville John Penn, as hereinbefore stated. Thomas Gordon 
 Penn was the last tenant in tail male. 
 
 3. William Penn, the third surviving son of Granville Penn, died 
 Jan. 7, 1848, unmarried, without issue. 
 
 Remainder to the Heirs of the Body of Testator's son, 
 John Penn (2d), in tail general. 
 
 There were none, as hereinbefore stated. 
 
 Remainder to the Heirs of the Body of Testator's son, 
 Richard Penn (2d), in tail general. 
 
68 The General Title of the Penn Family to Pennsylvania. 
 
 All the lines of descent from Richard Penn (2d) became extinct 
 upon the death of Richard Penn (3d) on April 21, 1863, without 
 issue, as hereinbefore shown. 
 
 Remainder to the Heirs of the Body of Testator's son, 
 William Penn, in tail general. 
 
 William Penn died Feb. 4, 1760, in infancy, without issue, as herein- 
 before stated. 
 
 Remainder to all and every the other sons successively of 
 the Testator in tail general. 
 
 There were no others, as hereinbefore stated. 
 
 Remainder to Testator's daughter, Hannah Penn, for life. 
 
 Hannah Penn married James Clayton, and died without issue, and 
 was buried Oct. 2, 1791, as hereinbefore stated. 
 
 Remainder to the first son of said Hannah Penn in tail 
 male. 
 
 There was none, as hereinbefore stated. 
 
 Remainder to the second, third, and other sons of said 
 Hannah Penn successively according to seniority in tail 
 male. 
 
 There were none, as hereinbefore stated. 
 
 Remainder to the Heirs of the Body of said Hannah 
 Penn in tail general. 
 
 There were none, as hereinbefore stated. 
 
 Remainder to the Heirs of the Body of Testator in tail 
 general. 
 
 The last surviving descendant of the Testator, Richard Penn (1st), 
 was Richard Penn (3d), who died without issue, April 21, 1863, as 
 hereinbefore shown. 
 
 Remainder to the Heirs of the Body of Testator's brother, 
 Thomas Penn, in tail general. 
 
 This limitation ultimately went into effect, as hereinafter shown, in 
 the line of Sophia Margaretta Stuart, the youngest daughter of 
 Thomas Penn. 
 
The General Title of the Penn Family to Pennsylvania. 69 
 
 With further limitations over in default thereof, which 
 did not take effect.^ 
 
 By following out the foregoing limitations and genealogi- 
 cal details it will be seen that 
 
 Mrst. Upon the death of John Penn (1st) on October 
 25, 1746, his one-half of the General Estate passed to his 
 brother, Thomas Penn, for life, with limitations over to his 
 heirs in tail male, and ultimately to his heirs in tail general 
 As the entail of Thomas Penn's one-fourth followed exactly 
 the same line of descent as John Penn's one-half, Thomas 
 Penn and his descendants had, after October 25, 1746, when 
 John died, the possession of three-fourths of the General 
 Estate. 
 
 Second. Upon the death of Richard Penn (3d) on April 
 21, 1863, the Richard Penn (Ist) one-fourth passed over in 
 tail male to the Thomas Penn line, and Granville John 
 Penn, who was then the tenant for life of the John Penn 
 (Ist) one-half and the Thomas Penn one-fourth, thus became 
 possessed of the entire General Estate. 
 
 Third. Upon the death of Granville John Penn on 
 March 29, 1867, without issue, the entire General Estate 
 passed to his younger brother, the Rev. Thomas Gordon 
 Penn. He being the last representative in the male line 
 among the descendants of William Penn the Founder by 
 his second marriage, and, consequently, the last representa- 
 tive in the male line of John, Thomas, and Richard Penn, 
 the " Joint Proprietaries," the male entail of the entire 
 General Estate came to an end upon his death on Septem- 
 ber 10, 1869, and the limitations in tail general in the line 
 of Thomas Penn came into effect. 
 
 Fourth. All the elder branches, both male and female, in 
 the line of Thomas Penn having become exhausted, the title 
 vested in the eldest son of Sophia Margaretta Stuart, the 
 youngest daughter of Thomas Penu, as tenant in tail general. 
 
 In each of the instruments creating the entail it was pro- 
 
 ^ These limitations over are given in brief in Item No. 20 of Judge 
 Cadwalader's Abstract, supra. 
 
70 The General Title of the Penn Family to Pennsylvania. 
 
 vided that every person becoming entitled to the estate 
 thereby settled, and likewise the several persons marrying 
 with any females who should be or should become entitled, 
 should, from time to time, when and as they should respec- 
 tively become entitled to the same, take and use the sur- 
 name of Penn and that only, and no other surname therewith, 
 and should also bear the Settlor's family coat-of-arms. 
 These provisions, however, being "conditions subsequent," 
 were of no effect, and the estate vested irrespective of them.^ 
 
 Sophia Margaretta Stuart, the youngest child of Thomas Penn, died 
 as hereinbefore stated, on April 29, 1847. Her issue were : 
 1. Mary Juliana, born May, 1797; married, Feb, 28, 1815, Thomas 
 Knox, Viscount Northland, afterwards Earl of Ranfurly. She 
 died July 11, 1866, leaving issue, having had three sons &nd 
 five daughters. 
 
 ^ Upon this point the following opinion was given by two of the 
 most eminent real estate lawyers at the Bar : 
 
 "The provision contained in the wills of John and Richard Penn 
 and the Settlement of Thomas Penn, that the tenant in tail for the time 
 being shall assume the name and arms of Penn, is, by all the authorities, 
 a condition subsequent : Robinson vs. Robinson, 1 Burr. 38 ; S. C. — Hicks 
 vs. Robinson, 5 Bro. Pari. Gas. 286 ; Gulliver vs. Ashby, 1 Wm. Bl. 607; 
 4 Burr. 1929 ; Davies vs. Lowndes, 2 Scott, 67. And it is obvious that this 
 must be the case, for the assumption of a new name, and the adoption of 
 new arms, must require the performance of some acts after the devolu- 
 tion of the inheritance. Indeed, if the condition were one precedent to 
 the vesting of the estate, it would be unquestionably too remote : Lewis 
 on Perpetuities, 616 ; Jarman on Wills, 805. 
 
 " This being so, as a condition grafted on an estate tail, it may be 
 barred by the tenant in tail for the time being, by a common recovery, 
 though at the time he had not assumed the name and arms : Gulliver vs. 
 Ashby, ut supra; Doe vs. Edgar, 1 Cowp. 382 ; Page vs. Hay ward, 2 Salk. 
 370 ; Watson vs. Earl of Lincoln, 1 Amb. 328 ; Cruise on Recoveries, 
 282; Fearne, 424; Lewis on Perp., 668; 1 Jar. 805. 
 
 "Therefore, we are of opinion that Mr. William Stuart, being, as it 
 appears, the present tenant in tail, may, by deed executed, acknowledged 
 and recorded according to the Pennsylvania Act of 1799, convey or re- 
 lease any estate or right he may have in that State, without, and prior 
 to, assuming the name and arms of Penn. 
 
 "Henry Wharton. 
 
 " Wm. Henry Rawle. 
 
 "June 1, 1870." 
 
The General Title of the Penn Family to Pennsylvania. 71 
 
 2. William Stuart (2d), of Tempsford Hall, Beds ; Aldenham 
 
 Abbey, Herts, and Hill Street, Berkeley Square, London, eldest 
 son, born October 31, 1798; married (first wife), August 8, 1821, 
 Henrietta Maria Sarah, eldest daughter of Admiral Sir Charles 
 Morice Pole, Bart., by whom he had three sons and three 
 daughters. He married (second wife), August 31, 1854, Geor- 
 giana Adelaide Forester, daughter of Gen. F. N. Walker. Upon 
 the death of the Rev. Thomas Gordon Penn, on Sept. 10, 1869, 
 he became tenant in tail general of the entire unsold estate, 
 and barred the entail, as hereinafter mentioned. 
 
 3. Henry, born 1804 ; died October 26, 1854. 
 
 4. Louisa Stuart, who died unmarried, without issue, Sept. 29, 1823, 
 
 and was buried at Luton. 
 
 The entail of what remained of the General Proprietary 
 Estate of the Penns was barred by William Stuart (2d) the 
 tenant in tail general in the manner prescribed in the Act 
 of Assembly, entitled " An Act to facilitate the barring of 
 entails," approved January 16, 1799. By Indenture dated 
 August 5, 1870, duly acknowledged, and on motion made in 
 the Court of Common Pleas of Philadelphia County on Sep- 
 tember 24, 1870, entered among the records thereof in Book 
 No. 29, page 322, &c., and upon another motion made in the 
 Supreme Court for the Western District of Pennsylvania 
 on October 17, 1870, entered among the records thereof in 
 Book K, pages 2, 3, 4, and 6, and also recorded on De- 
 cember 22, 1870, in the office for Recording Deeds, &c., for 
 the City and County of Philadelphia, in Deed Book J A H, 
 No. 98, page 309, &c., William Stuart, reciting that 
 " Whereas the said William Stuart as the present heir at 
 common law in tail of John Penn the elder John Penn 
 the younger Thomas Penn and Richard Penn or of some of 
 them is by force and effect of sundry Deeds Wills and de- 
 scents cast seised of certain lands tenements and heredita- 
 ments in the Commonwealth of Pennsylvania or of right 
 ought so to be," and stating the purpose of thereby, in 
 pursuance of the statute, barring the entail, granted unto 
 William Levi Bull (then a student at law in the office of 
 William Henry Rawle, Esquire), his heirs and assigns, "All 
 and singular the lands tenements and hereditaments of 
 what nature or kind soever in the State of Pennsylvania 
 
72 The General Title of the Penn Family to Pennsylvania. 
 
 aforesaid whereof he the said party of the first part [Wil- 
 liam Stuart] now is or of right ought to be seised as tenant in 
 tail as aforesaid/' to hold the same with the appurtenances 
 an trust nevertheless to grant and convey the same by the 
 Indenture thereto annexed unto him the said party of the 
 first part thereto William [Stuart] his heirs and assigns 
 "in absolute fee simple free clear and discharged of and 
 from all conditions covenants and restrictions whatsoever." 
 Accordingly by the thereto annexed Indenture which 
 was dated September 2, 1870, duly acknowledged, and re- 
 corded at Philadelphia in the office for the Recording of 
 Deeds, &c., in Deed Book J A H, No. 98, pages 311, &c., 
 the said William Levi Bull reconveyed the said lands tene- 
 ments and hereditaments to the said William Stuart his 
 heirs and assigns " in absolute fee simple clear and dis- 
 charged of and from all limitations conditions covenants 
 and restrictions whatsoever." 
 
 In the minds of some conveyancers and real estate law- 
 yers doubts occasionally arose as to the regularity of grants 
 by the Penns ; such, for instance, as to how long the power 
 of sale in fee with which the tenants in tail male were 
 clothed continued in force ; whether in all cases quit-rents 
 had been reserved, thus accurately complying with the 
 provisions of the powers of sale ; whether the entail had 
 always been properly barred when deeds were executed, etc. 
 An attempt to remedy informalities of the latter nature 
 was made, in so far as titles in the Manor of Springettsbury, 
 in Philadelphia County, were concerned, by the execution, 
 on February 17, 1831, of a deed of confirmation, recorded 
 in Deed Book A M, No. 6, page 628, etc., by John Penn 
 (3d) and William Penn, the then respective tenants in tail 
 male, by their attorney in fact, to Thomas W. Morris in trust 
 for all purchasers in order to bar the entail as to former 
 conveyances, but it was questioned how far an attorney in 
 fact was authorized to confirm the title to lands which he 
 had not himself conveyed. To lay these ghosts of the past 
 and to render all the titles secure beyond peradventure, the 
 
The General Title of the Penn Family to Pennsylvania. 73 
 
 said William Stuart and Georgiana Adelaide Stuart his 
 wife, by Indenture dated November 11, 1870, duly acknowl- 
 edged, and on motion made in the Supreme Court for the 
 Eastern District of Pennsylvania on March 9, 1871, entered 
 among the records thereof in Book J R S, No. 1, pages 
 81, 82, and 83, and also recorded on March 25, 1871, in 
 the office for Recording Deeds, etc., for the City and County 
 of Philadelphia, in Deed Book J A H, No. 123, pages 
 442, etc., stating the purpose of thereby, in pursuance of 
 the statute, barring the entail, granted and confirmed unto 
 the said William Levi Bull, his heirs and assigns, " All 
 and singular the lands tenements and hereditaments in 
 the said Commonwealth [of Pennsylvania] which the said 
 John Penn the elder John Penn the younger the said 
 Thomas Penn the said Richard Penn or any subsequent 
 tenant in tail thereof severally and respectively either by 
 themselves or their attorneys in fact have granted and con- 
 veyed to divers persons for a full and valuable consideration 
 intending to grant and convey such premises to the pur- 
 chasers in fee simple, to have and to hold the same with the 
 appurtenances to the use of every such purchaser or pur- 
 chasers and their heirs and assigns so as to enure to the 
 benefit of all persons holding or claiming any estate title or 
 incumbrance in or upon any such lands tenements and 
 hereditaments derived or created by or under any bona fide 
 purchaser for a good and valuable consideration from the 
 said tenants in tail respectively for the time being as afore- 
 said with the intent that all such grants and conveyances by 
 them or any of them so heretofore made be hereby abso- 
 lutely ratified confirmed and established." 
 
 By Deed Poll dated December 16, 1874, Georgiana Ade- 
 laide Stuart, then the widow of William Stuart (2d), released 
 to all persons concerned all or any dower right which she 
 might have in any lands tenements hereditaments and es- 
 tate of her late husband in Pennsylvania or elsewhere in 
 the United States of America. 
 
 The title subsequent to the barring of the entail, by the 
 
74 The General Title of the Penn Family to Pennsylvania. 
 
 effect of which the estate became vested in William Stuart 
 (2d) absolutely in fee simple, is as follows : 
 
 William Stuart (2d), died July 7, 1874, having by his 
 Will, dated September 4, 1854, proved in England Septem- 
 ber 26, 1874, an Exemplification of which was filed of 
 record in Philadelphia and registered there in Will Book 
 No. 88, p. 367, devised all his real estate to his eldest son 
 
 William Stuart (3d), of Tempsford Hall, Beds ; Alden- 
 ham Abbey, Herts, and Hill St., Berkeley Square, Lon- 
 don, known as Colonel William Stuart; born in London 
 March 7, 1825; married, September 13, 1859, Katharine, 
 daughter of John Armitage Nicholson, Esq., of co. Meath, 
 Ireland. She died October 16, 1881. He died December 
 21, 1893. They had two sons and two daughters. William 
 Stuart (3d), by Indenture dated October 25, 1892, recorded 
 at Philadelphia in Deed Book T G, No. 220, p. 491, &c., 
 and elsewhere, granted and conveyed in fee simple all his 
 lands and estates in Pennsylvania and elsewhere in the 
 United States of America to his eldest sou 
 
 William Dugald Stuart, of Tempsford Hall, Beds ; Al- 
 denham Abbey, Herts, and Hill St., Berkeley Square, Lon- 
 don, now living, the present owner of the Penn estate in 
 Pennsylvania. He was born October 18, 1860; married, 
 July 11, 1893, Millicent Helen Olivia, daughter of Captain 
 G. W. Bulkeley-Hughes. William Dugald Stuart's father, 
 by his Will, dated July 6, 1887, proved in England February 
 13, 1894, directed that all his American property should be 
 sold and the proceeds paid to his said eldest son, William 
 Dugald Stuart. As Colonel Stuart had anticipated this tes- 
 tamentary disposition of his estate by the deed of October 
 25, 1892, above mentioned, it was not necessary to file of 
 record in Pennsylvania an Exemplification of his Will. 
 
 By Deed Poll dated August 26, 1893, recorded in the 
 ofiice for the Recording of Deeds, etc., in Philadelphia, in 
 Deed Book T G, No. 308, pages 475, &c., Millicent Helen 
 Olivia Stuart, the wife of William Dugald Stuart, released 
 to all persons concerned all her dower right in the lands 
 tenements hereditaments and estates whatsoever of her 
 
The General Title of the Penn Family to Pennsylvania. 75 
 
 said husband in Pennsylvania or elsewhere in the United 
 States of America. 
 
 At the beginning of this sketch of the Penn Proprietary 
 title reference was made to the article in " The American 
 Law Register," written by the late Eli K. Price, Esq., one 
 of the most eminent real estate lawyers of his time, and 
 thoroughly qualified to express an opinion upon the subject 
 and everything connected with it. After referring in brief 
 to the devolution of the title, he mentioned the fact of the 
 execution of the confirmatory deed of November 11, 1870, 
 and expressed his gratification that all possible doubts upon 
 the questions which had troubled him and others had 
 thereby been laid at rest. " Here," he wrote, " is an act 
 quietly done, and unknown except to a few individuals, 
 of historical interest and of great beneficence, and which 
 fittingly crowns the honorable dealings of all the Penn 
 Proprietaries with their settlers and successors. For more 
 than a century, few even in the legal profession have under- 
 stood the precise nature of the title and the powers of the 
 Penns to the soil in Pennsylvania; and they have always 
 been so honorably represented as to give to settlers and 
 purchasers entire confidence, without inquiry into the wills, 
 articles of agreement, and marriage settlements of the 
 family, few of which were of record or accessible within 
 the province or State, and were first got together and 
 printed by William Henry Rawle, Esq., in 1870. It was 
 not known until then what would be the disposition of the 
 heir coming through a female branch, whether to attempt 
 to take advantage of defects and omissions, or to confirm 
 titles made by his predecessors, because he was wholly 
 unknown to us. The deed above recited sufficiently proves 
 that to William Stuart, Esq., we owe thanks and gratitude, 
 and that we should hold his name and memory in honor in 
 common with all the Penns in their relations with the people 
 of Pennsylvania." 
 
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 N. MANCHESTER, 
 INDIANA 46962 
 
JBRARY OF CONGRESS 
 
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