Meeting Robert Bartley, Dixon's Father, for the First Time

I have not researched the Bartley family beyond Dixon, my second-great-grandfather, but it's not as if I hadn't been aware that other family historians named Dixon Bartley's father as Robert Bartley.  Plenty of researchers declare that relationship, both in printed books and in online trees.  But the document below is the first time I've seen the relationship expressly stated.  Of course, I was thrilled to find both names and their relationship in this 1864 indenture for property in Butler County, Pennsylvania. 

Deed of Sale (or Indenture) for Property of Robert Bartley, Senior, 1864, Butler County, Pennsylvania

I found this record using FamilySearch's experimental finding aide for deeds and other court records.  It has been unavailable for the past few days with the message, "503 Service Temporarily Unavailable."  It was such a great tool.  I hope they make it available again soon.

The Transcription.  (At the end of the transcription is an abstract.)

Robert and Dixon
Bartley Executors of Robert
Bartley Dec'd
To
Joseph Knough

This Indenture made the Fourteenth day of April in
the year of our Lord one thousand eight hundred and
sixty four between Robert and Dixon Bartley executors
of Robert Bartley deceased of the one part and Joseph
Knough of the second part:  Whereas the said Robert
Bartley deceased was in his lifetime and at the time of
his death seised in his demesne as of fee of and in a certain tract or parcel of land
situated in Penn Township Butler County Pennsylvania Containing Seventy eig-
ht Acres more or less and bounded and described as follows, to wit:  On the North
by lands of the heirs of the said deceased; on the East by lands of Rev Ogden and by
a public road; On the West by lands of Joseph Harper and on the South by lands
of Joseph Logan.  And whereas said Robert Bartley deceased made a will which was
duly probated and in which he appointed the said testators sons Robert and Dixon
Bartley aforesaid his executors.  And Whereas said testator in his said last Will and
testament directed that all his property real and personal should be sold within three
three [sic] years after his death but made no order or provision in said last will and testa-
ment as to whom should sell the same or how or by whom the deed should be made
And whereas the executors presented their petition to the Orphans Court of Butler County
and state of Pennsylvania asking leave to sell and convey by deed to the purchaser
the said described piece or parcel of land.  And Whereas the said Court granted the prayer
of the petitioners aforesaid an [sic] ordered that said property should be sold on the first
day of January in the year of our Lord one thousand eight-hundred and sixty four
And whereas the said property was on the day fixed by said Court sold to Joseph
Knough aforesaid for the sum of Two thousand one hundred and six Dollars he
being the highest and best bidder and that being the highest and best price bidden
for the same.  And whereas the report of said sale was presented to said Court by
said executors on the 19th day of March [?] 1864 and duly confirmed by said Court
And Whereas said court for the same day ordered that Deed be made to said pur-
chaser by said Executors for said described piece of land on his complying with the
terms of said sale as ordered by said Court  Now this Indenture witnesseth that the
said Robert and Dixon Bartley for and in consideration of the sum of Two thousand
one hundred and six Dollars to them in hand paid by the said Joseph Knough
at and before the sealing and delivery here of receipt whereof  hereby ac-
knowledge and therefore acquit and forever discharge the said Joseph Knough his
heirs executors and administrators by these present hath granted bargained sold
(aliened) released and confirmed and by these presents do grant sell, release bar-
gain and confirm unto the said Joseph Knough all that certain piece or parcel of
land situated and described as aforesaid Together with all and singular the
[next page]
houses out houses buildings and also all the right title interest property claim and demand
whatsoever of the said Robert Bartley Sr. dec'd in his life time at and immediately before the time
of his decease or of them the said Robert and Dixon Bartley in law, equity or otherwise howsoever
of in [illegible word] out of the same To have and to hold the said piece or parcel of land [two illegible words] and
premises hereby granted or mentioned so to be with the appurtenances unto the said Joseph Kn
ough his heirs and assigns to the only proper use and behoof of the said Joseph Knough his
heirs and assigns for ever  In [?] Witness whereof we have hereunto signed our names and aff-
ixed our seals the day and year first above written
Signed sealed and delivered in presence of us
James McNair                   D. Bartley  seal [handwritten]
S. D. McPrinkin [?]          R. Bartley  seal [handwritten]
                   Stamp $2 00/100  [handwritten]

Received of the aforesaid Joseph Knough the day of the date of the above Indenture the sum
of Two thousand one hundred and six Dollars  the consideration money above in full.
Witness
James McNair                  D. Bartley
J. D. McPrinkin               R. Bartley

Butler County   } ss.
State of Penna  }
On this Fourteenth day of April [?] 1864 personally appeared before me
a Justice of the Peace in and for the County and State aforesaid Robert and
Dixon Bartley above named and acknowledged the above indenture to be their lawful
act and deed for the purposes there in set forth.  Witness my hand and seal this day
of the date of the above indenture.    James McNair J. P.  seal [handwritten]

Recorded April 14 1864

The Abstract
Robert & Dixon Bartley, executors of Robert Bartley, deceased, to Joseph Knough
Indenture made 14 Apr 1864

• At the time of his death Robert Bartley owned a 78-acre parcel of land in Penn Township, Butler Co, Penn'a
• Robert Bartley's will was probated; he appointed sons Robert and Dixon as executors
• Robert directed that all his property should be sold within three years after his death but made no provision as to whom should sell the property, or how or by whom the deed should be made
• The executors petitioned the Orphans Court of Butler County, Pa, asking leave to sell the parcel of land by deed to the purchaser
• The Court granted the petition and ordered that the property should be sold on January 1, 1864
• The property was sold on that date to Joseph Knough for the sum of $2,106.00
• The report of the sale was presented to the Court by the executors on March 29, 1864, and confirmed by the Court
• On the same day, the Court ordered the deed to be made to the purchaser by the executors

This indenture witnesses that Robert and Dixon Bartley received $2,106.00 from Joseph Knough before giving him the receipt and closing the sale on the property and its houses, out houses, and buildings, and releasing the property of Robert Bartley, Sr., to Joseph Knough and his heirs forever.

Notes and Comments.
This document is in the FamilySearch collection, Deeds, 1804-1902, Index to Deeds, 1800-1925, and, more specifically, Butler Deeds, v. 5-7, 1863-1864, from Butler County, Pennsylvania Deed Book 7, unnumbered page, image 461.   It can also be viewed on FamilySearch Film #8036721.

I'm still not certain why this is called an indenture of property instead of a deed.  Dictionary.law.com tells me that an indenture is "a type of real property deed in which two parties agree to continuing mutual obligations.  One party may agree to maintain the property, while the other agrees to make periodic payments."  In this indenture I don't recognize mutual obligations other than the exchange of money for the property.

Was it an oversight (by Robert or his lawyer?) that Robert wasn't specific about who should manage the sale of his property after his death?  And did he own other property, too?  

There's always at least one more ancestor to research--and now, from this document, I have two.

—Nancy.

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