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
dollars— to 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