TNGenWeb Project/TNGenNet, Inc., (a Tennessee nonprofit public benefit corporation). "The Howard-Smith Collection" Transcription copyright: 1998, by Mrs. F. A. Augsbury; all rights reserved. The originals are at the McClung Library in Knoxville Tennessee. This file is in text format. Please use your browser's "back" button to return to the previous page. ********************************************************************************* Know all Men by these Presents that John Smith of Lebanon Township in the County of Dauphin and in the State of Pennsylvania Yeoman and Rosina his Wife John Gloninger of the same Place Esquire and Catharine his Wife David Krause of the same Place Esquire and Regina his Wife John Brettenbach of the same Place Merchant and Hanna his Wife and the said John Gloninger & Henry Shaffner duely appointed Guardians over the Estates of Daniel Keller and Elizabeth Keller minor Children of John Keller and Elizabeth his Wife late of the same Place both deceased [the said Rosina the Wife of the said John Smith Catharine the Wife of the said John Gloninger Regina the Wife of the said David Krause Hanna the Wife of the said John Breittenbach and Mary Elizabeth the late Wife of the said John Keller de'd. being the Daughters of Adam Orth late of the Township of Lebanon and County of Dauphin aforesaid Esquire deceased] Have made Ordained constituted and appointed and by these presents Do make Ordain constitute and appoint Henry Orth of Harrisburgh in the County of Dauphin aforesaid Esquire our true and Lawful Attorney for us and in our names and for our use to sell and dispose of all or any of the Tracts of Pieces of Land late the Estate of the said Adam Orth in and by his Last Will and Testament devised unto his Children above named situated in Hawkins County in the State of Tennessee & Virginia to any Person or Persons for such price or prices and upon such terms payments and conditions as to him the said Henry Orth shall seem most expedient and condusive to the Interest of his constituents. And for us and in our Names and Steads to sign seal deliver acknowledge and perfect such Deed and Deeds Conveyance or Conveyances and Instruments of writing to the Purchaser or Purchasers of all or any of the said Tracts or Pieces of Land and for all or any of the above mentioned Tracts or Pieces of Land with their or any of their Appurtenances as will best a Fee Simple Estate in the Purchaser or Purchasers thereof And for us and in our Names to institute and prosecute suit or suits against any Person or Persons for the recovery of any lands Property Goods Chattles debts Rents Sum and Sums of Money dues and demands whatsoever which may belong to us and the minor Children And Representatives hereinbefore named of the said Mary Elizabeth Keller late Mary Elizabeth Shaffner dec'd. or to which we may have a Right or Claim and which is are or shall be witheld or detained from us and in the hands custody or possession of any Person or Persons whatsoever, and to receive the same and upon the receipt of any such Property Goods Chattles Debts Rents Sum and Sums of Money dues and demands or any part thereof for us and in our names Receipts Acquittenances or other sufficient discharges to give and execute. And for us and in Our Names and for our uses respectively to Lease or demise any such Tracts or Pieces of Land or the whole of them hereinbefore mentioned (in case the same shall not be sold as aforesaid) to such Person and Persons for such Rents and with such clauses covenants and Agreements and for such Term not exceeding three years. as the said Henry Orth shall think fit and most expedient and out of the Rents and Monies so recovered and received to pay all such Taxes or Assessments which may be laid or Assessed on the said Lands and out of the Overpluse after paying the said Henry Orth our said attorney. to pay for making such Improvements on the said Tracts of Pieces of Land or any of them as may be thought fit by the said Henry Orth Giving and Granting by these Presents unto our Attorney the said Henry Orth our full and whole power strength and Authority in and about the premisses to have, Use, and take all Lawful ways and means in our Names for the Recovery of all or any such Lands Goods Chattles Debts Rents Sum and Sums of Money dues demands and Property aforesaid And Generally all and every other Act and Acts thing and things device and devices in the Law whatsoever, needful and necessary to be done in and about the Premisses for us and in our Names to do, execute and perform, as fully, largely and amply, to all intents and purposes as we ourselves might or could do, if personally present or as if the matter required more special authority than is herein given And Attornies One or more under him for the purpose aforesaid to make and constitute, and again at pleasure to revoke. Ratifying, allowing and holding for firm and effectual all and whatsoever our Attorney the said Henry Orth shall Lawfully do or cause to be done in and about the Premisses by Virtue of these Presents In Witness whereof we have hereunto set our Hands and Seals the twentieth Day of April in the Year of Our Lord One Thousand eight hundred and One. Sealed and Delivered in the presence of us. John Smith NB the words "& in Virginia" Rosina Smith being first interlined John Gloninger in the 24' Line. Catharine Gloninger David Krause Jacob Ambrick(?) Regina Krause Henry Keller John Breitenbach Jas. Cowden Hanna Breitenbach John Gloninger } Guardians Henry Shaffner } State of Pennsylvania Ss. Before me the subscriber one of the Judges of the Court of Common Pleas Oyer and Terminer and General Gaol Delivery etc. in and for the County of Dauphin in the State of Pennsy. aforesaid Came John Smith and Catharine his Wife John Gloninger Esq. and Catharine his wife. David Krause Esq. and Regina his Wife John Breittenbach and Hanna his Wife and the said John Gloninger & Henry Shaffner duely appoin'd Guardians over the Estates of Daniel Keller and Elizabeth Keller Minor Children of John Keller deceased and acknowledged the above written Letter of Attorney to be their Act and Deed and desired that the same may be recorded as such according to Law, the said Rosina the Wife of the said John Smith Catharine the Wife of the said John Gloninger Regina the Wife of the said David Krause & Hanna the Wife of the said John Breittenbach being of full age thereto freely concenting th_____ thereof being first made known unto them In Testimony whereof I have hereto set my Hand & Seal the 20 day of April A.D. 1801. Jas. Cowden State of Tennessee Hawkins County etc. August Sessions 1801 There the within power of attorney was exhibited in Open Court and proven by the Certificates of Thomas McKean James Cowden and Robert Harris thereto annexed and ordered to be recorded and the same is done in volume 1-page 9' of the Book for recording Bills of Sales Powers of Attorney etc. In testimony whereof I have hereunto set my hand and affixed the Seal of the said County of Hawkins this 4th day of September 1801 Richard Mitchell Clerk of Hawkins County Court by Eden Switt his deputy Dauphin County Ss Recorded in the office for Recording of Deeds etc. in and for the County of Dauphin Aforesaid in Deed Book L Vol. 1st Page 388, etc. In Testimony Whereof I have hereunto set my hand and the Seal of said Office at Harrisburgh this fourth day of May A.D. 1801 Rob't. Harris Recorder Virginia. At a Court Cont'd. and held for the County of Wythe the 11th day of June 1801. The power of attorney hereto annexed, from John Smith, & Rosina his wife, John Gloninger & Catharine his wife, David Krause & Regina his wife, John Brattenbach & Hanah his wife, and the said John Gloninger & Henry Shaffner (Guardians over the Estate of John Keller, & Elizabeth his wife, both dec'd.) to Henry Orth Esq. was Exhibited in the said County Court of Wythe, and being proven by the certificates of James Cowden, Robert Harris & Thomas M.Kean, thereto annexed; it is thereupon ordered, to be Recorded. Attest Robert Crockett, clk. Pennsylvania, ss. In the Name, and by the Authority of the Commonwealth of Pennsylvania, Governor Thomas McKean of the said Commonwealth, To all to whom the presents shall come, Sends Greeting: Know ye, that James Cowden Esquire, whose name is subscribed to the Instrument of Writing hereunto annexed was at the time of subscribing the same, and now is , one of the associate Judges of the Court of Common Pleas of the County of Dauphin, in the said Commonwealth, duly appointed and commissioned. And full Faith and Credit is and ought to be given to him accordingly. Given under my Hand and the Great Seal of the State, at Lancaster, this twenty seventh day of April, in the year of our Lord, one thousand eight hundred and one, and of the Commonwealth the twenty-fifth. By the Governor, James Trimble Deputy Sec'ry. ---------------------------------------------------------------------------- Notes: Daniel and Elizabeth KELLER were the children of John KELLER and Mary Elizabeth ORTH (m 2 Henry SHAFFNER), deceased, of Lebanon Twp., Dauphin Co, PA. Mary Elizabeth ORTH Keller Shaffner and her sisters, Rosina (wife of John SMITH), Catherine (wife of John GLONINGER), Regina (wife of David KRAUSE) and Hanna (wife of John BRETTENBACH), all of Dauphin Co, PA, were daughters of Adam ORTH, deceased, late of Lebanon, who owned land in Hawkins Co, TN. Most of the named families can be found in the 1790 Lebanon Twp., Dauphin Co, PA census (http://www.us-census.org/pub-ftp/pa/dauphin/1790/pg0044.txt)