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Will of Christian Weitzel

At an Orphans Court, held at Reading, in and for said County on the 7th  day of April A. D. 1840, before the Honorable. John Banks, Esquire President and M. J. Richards, and William Addams,  Esquire, Associate Judges of said Court.

 

John Scharman, Jacob Westly, Daniel Kauffman, John Bechtel, Henry Miller, Francis Krick, Daniel Boon, Philip Ludwig, Samuel Addams, George Spohn, John Rapp and Jacob Gerhart, twelve disinterested persons chosen on behalf and with consent of the parties having returned an inquisition, taken by their oaths and affirmation by which it appears that Christian Weitzel died intestate on the 15th day of April A. D. 1840 leaving a widow named Catherine and issue twelve children to wit, William Weitzel, Adam Weitzel, Benjamin Weitzel and Daniel Weitzel, Hannah intermarried with Johh Ems, Rebecca intermarried with Charles Frey, Susan intermarried with Jacob Rollman, Eleanor Weitzel, Catherine Weitzel, Elizabeth Weitzel, Maria Weitzel, and Mary Weitzel, the last named of whom is still in her minority and has Thomas Moll for her guardian and that the said Christian Weitzel, at the time of his decease was seized in his (unreadable) as of fee of and in a (unreadable) tenement and plantation, situated in Cumru Township, Berks County, bounded by lands of Thomas Moll, John Althouse, Daniel Miller, John Huey, George Rollman and others containing ninety two acres more or less. Also of and in a certain tract of woodland situated in the same township and bounded by land of Peter Krick, John Huey, George Ruth Sen, Michael Ruth, Daniel Miller and others containing nine acres and thirty nine perches more or less with the appertenances  - which said land and tenements were valued and appraised by order of the said Orphans’ Court and the said court on due consideration confirms the proceedings and give judgment that the partition thereby made be and remain firm and stable forever.  On the same day, William Weitzel, Adam Weitzel, Benjamin Weitzel, Daniel Weitzel, Hannah intermarried with John Ems, Rebecca intermarried with Charles Frey, Jacob Rollman intermarried with Susan, Eleanor Weitzel, Catherine Weitzel, Elizabeth Weitzel, Mary Weitzel and Maria Weitzel by her guardian Thomas Moll and the said widow appear in Open Court and refused to take the same on any part or partition thereof and desired that the same might be sold according to law. The court on due consideration approve of the security in the Bond filed and order and decree that William Weitzel, Benjamin Weitzel and John Ems, Administrators of Christian Weitzel deceased expose the whole of the said land and premises for sale, by public vender or outcry on the premises on Friday , the 11th day of September next at 1 oclock Polls with Liberty to adjourn as to time and place, they giving due public and timely notices of the time and place of sale according to law and make report if the proceedings herein to the next states Orphans’ Court after suck sale.  The court further orders and directs that the widows share of the purchase money shall remain in the hands of the purchaser during her natural life and the interest thereof annually and regularly paid to her by the purchaser or purchasershe or their heirs or assigns holding the premium.

 

                                    By the Court

                                    J. Donagan

                                                Clerk. O. C.

 

 

 

 

 

 

 

Berks County Pa.

At an Orphans Court, held at Reading, in and for said County on the 22nd day of May A. D. 1840, before Hon. John Banks, Esquire President and William Addams Esquire, Probate Judges of said Court.

 

Upon the Petition of William Weitzel, eldest son and heir in law of Christian Weitzel, late of Cumru Township in the County of Berks, Yeoman, deceased, Adam Weitzel, Benjamin Weitzel and Daniel Weitzel, also sons of the said deceased, and John Emes and Hannah his wife (late Hannah Weitzel), Charles Frey and Rebecca his wife (late Rebecca Weitzel), Jacob Rollman and Susan his wife (late Susan Weitzel), Eleanor Weitzel, Catherine Weitzel, Elizabeth Weitzel, Maria Weitzel and Mary Weitzel by her Guardian, Thomas Moll, and Catherine Weitzel, widow of said deceased.    Setting forth that the said Christian Weitzel died intestate on the 15th day of April A. D. 1840 seized in his (unreadable), of and in the following described Real Estate viz. a (unreadable) tenement and plantation situated in the Township of Cumru, aforesaid adjoining lands of Jacob Rollman, Daniel Ruth, John Shoeman, John Hays, Sebastian Miller and others, containing ninety two acres more or less with the appertanences. Also another tract of woodland situated in the same township and bounded by lands of Peter Frick, John Hays, George Ruth Sen. Michael Ruth, Daniel Miller and others containing mine acres and thirty nine perches more or less – It being the same premises which Jacob Westly and wife by their indenture both dated the 28th day of March, 1831, granted and conveyed unto the said Christian Weitzel (deceased) as fee, who died Intestate on aforesaid leaving a widow named Catherine and issue twelve children the petitioners and that no partitions or valuation of the said land and tenements hath been made according to law.  Therefore praying the court to order and appoint John Scharman, Jacob Westly, Daniel Kauffman, John Bechtel, Henry Miller, Francis Kirck, Daniel Boon, Philip Ludwig, Samuel Addams, George Spohns, John Rapp and Jacob Gehret, chosen by the Petitioners for that purpose to make partition of the said land and tenements with the appertanences to and among the said Heirs of the said Intestate, according to law if such partitions can be made without prejudice to spoiling the whole and if such partitions can not be made then to value and appraise the same.  Whereupon the Court on due consideration order and appoint the said John Scharman, Jacob Westly, Daniel Kauffman, John Bechtel, Henry Miller, Frances Krick, Daniel Boon, Philip Ludwig, Samuel Addams, George Spohns, John Rapp and Jacob Gehert, so by them chosen, do make partition of the said land and premises to and among the said children in such partitions as by the Intestate laws of the commonwealth as provided, but if such partitions can not be made, without prejudice to and spoiling the whole, that then they value and appraise the same according to law and make report of their proceedings herein to the next State Orphans Court for confirmation thereof.

 

                                                By the Court

                                                            J. Donagan

                                                            Clerk

 

 

 

 

 

 

 

 

 

Know all Men by these Presents,

That we, William Weitzel, Benjamin Weitzel, John Ames, John Scharman and Samuel Addams of the County of Berks.

 

Are held and firmly bound unto the commonwealth of Pennsylvania in the sum of

Sixteen thousand two hundred and thirdy eight dollarsto be paid to the said commonwealth, to which payment will and truly to be made and done, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents, sealed with our seals and dated the tenth day of April, A. D. 1840.

Whereas, the Orphans’ Court of Berks County, granted an order of sale of a certain

(unreadable) Tenement and plantation, estate in Cumru Townshio, Berks County adjoining lands of Jacob Rollman, Daniel Ruth, John Scharman, John Hayes, Sebastion Miller and others containing ninety two acres more or less with the appertenances, Also a tract of woodland situated in the same township and bounded by lands of Peter Krick, John Hayes, George Ruth Senior, Michael Ruth, Daniel Miller and others, containing nine acres and thirty nine perches more or less

 

Late the estate of Christian Weitzel deceased – shall be sold by the above named William Weitzel, Benjamin Weitzel and John Ames, administrators of all and singular the goods chattels, rights and credits which were of the said Christian Weitzel deceased

 

NOW THE CONDITION OF THIS OBLIGATION IS SUCH,

That if the above bounded William Weitzel, Benjamin Weitzel, and John Ames, Administrators as aforesaid shall faithfully appropriate the proceeds of such sale according to their respective duties, then this obligation to be void, or else remain in full force and virtue.

 

Signed, sealed and delivered                                                    William Weitzel                       Seal

In the presence of                                                                 Benjamin Weitzel                    Seal

J. Donagan                                                                               John Ems                                 Seal

                                                                                                John Sharman                          Seal

                                                                                                Samuel Addams                       Seal


Know all Men,

BY THESE PRESENTS, THAT WE William Weitzel, Benjamin Weitzel, John Ems, John Shaub and John Sharman all of Cumru Township, Berks County

Are held and firmly bound unto the Commonwealth of Pennsylvania in the sum of Three Thousanddollars, lawful money of Pennsylvania to be paid to the said commonwealth.  – To which, payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, and every of them jointly and severally, for an din the whole, firmly by these Presents.  SEALED with our seals, dated the 25th day of April Anno Domino, 1840.

The Condition of the Above Obligation,

IS SUCH , that if the above bounden             William Weitzel, Benjamin Weitzel and John Ems

Administrators of all and singular goods, chattels, and credits of Christian Weitzel, deceased, do make or cause to be made, a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, which have come or shall come in the hands, possession or knowledge of them, the said William Weitzel, Benjamin Weitzel and John Ems or into the hands and possessions of any other person or persons for them and the same so made, do exhibit or cause to be exhibited into the Register’s office, in the county of Berks, within thirty days from the date h ereof, and the same goods, chattels and credits, and all other goods, chattels, and credits of the said deceased, at the time of his death, which at any time after shall come to the hands or possession of the said William Wietzel, Benjamin Weitzel and John Ems, or into the hands and possession of any other person or persons for them, do well and truly administer according to law, and further do make or cause to be made a just and true account of their said administration, within one year from the date hereof or when thereunto legally required and all the rest and residue of the said goods, chattels and credits which shall be found remaining upon the said administrations account, the same being first examined and allowed by the Orphans’ Court of the county having jurisdiction, shall deliver and pay unto such person or persons, as the said Orphans’ Court, by their decree or sentence, pursuant to law, shall limit and appoint, and shall well and truly comply with the laws of this Commonwealth, relating to collateral inheritances, and if it shall hereafter appear that any last will and testament was made by the deceased, and the same shall be proved according to law, if the said William Weitzel, Benjamin Weitzel and John Ems being thereto required do surrender the said letters of administration into the Register’s Office aforesaid, then this OBLIGATION to be void otherwise to remain in full force.

 

Signed, sealed and delivered                                                    Willliam Weitzel                      Seal

In the presence of                                                                 Benjamin Weitzel                    Seal

Joel Ritter                                                                                John Ems                                 Seal

                                                                                                John Shaub                              Seal

                                                                                                John Sharman                          Seal

 

 

 

 

 

 

 

 

 

 

 

Cumru Township, April 25, 1840

 

Mr. Joel Ritter Register of Wills

 

Sir,

 

This few lines is to inform you that I , the undersigned widow (of Christian Weitzel, late deceased) am unable and not competent to administer for the estate of husband late deceased and are willing that letters of administration shall be granted to my sons William Weitzel, of Cumru Township and Benjamin Weitzel and my son in law John Ames, also of Cumru Township, Berks County, and state of Pennsylvania.

 

                        Witness my hand this day

                                                Catherine Weitzel , Widow of Christian Weitzel

                                                Her + Mark 

Charles Addams

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To the Honorable the Judges of the Orphans Court within named

 

                        We the subscribers appointed by the within order of court to make partition of the Real Estate herein mentioned whereof the within named Christian Weitzel died seized, if such partition can be made without prejudice to or spoiling the whole, therewise to value and appraise the whole Do report that in pursuance of the said order, and after being duly sworn and affirmed we have reviewed the land and premises therein mentioned and finding that the same could not be parted and divided to and among the parties within mentioned without prejudice to and spoiling the whole have valued and appraised the same as the sum of eight thousand one hundred and nineteen dollars.

                        Witness our hands and seal this Thirty first day of July A. D. one thousand eight hundred and forty,

 

                                                                                    John Scharman                        Seal

 

                                                                                    Jacob Westly                Seal

                                                                                    Daniel Kauffman         Seal

                                                                                    John Bechtel                Seal

                                                                                    Henry Miller                Seal

                                                                                    Francis Krick               Seal

                                                                                    Daniel Boone              Seal

                                                                                    Philip Ludwig              Seal

                                                                                    Samuel Addams           Seal

                                                                                    George Spohn              Seal

                                                                                    John Rapp                    Seal

                                                                                    Jacob Gehert               Seal

 

 

 

 

 

 

 

 

 

 

 

 

 

Cumru Township, April 25, 1840

 

To the Honorable the Judges within named

 

We, the within named William Weitzel, Benjamin Weitzel and John Ames, Do humbly report that in pursuance of the within order of Court,( having given due public and timely notice as the time and place of sale, agreeably to the directions thereof). We did on the 11th day of September last past expose the lands and premises within mentioned to sale by public venue or out cry and sold the same to Philip Uwchaun, for the sum of eight thousand  four hundred and twenty eight dollars and twenty five cents, he being the highest bidder and that the highest and best price bidden for the same – which sale was aforesaid made we pray may be confirmed by the court.

 

                                                            William Weitzel

                                                            Benjamin Weitzel

                                                            John Ems

 

 

The above named William Weitzel, Benjamin Weitzel and Jonn Ames being duly sworn say that they are neither directly or indirectly concerned in the sale and purchase of the above mentioned property.

 

Sworn and transcribed                                     William Weitzel

November 6, A. D. 1840                     Benjamin Weitzel

Wm Schoones                                      John Ems