Somerset County PA
Wills, Probate Records, Orphan's Court and Posted Notices, Estate Sales of Deceased
Will of GEORGE COOK
Petition of ELIZA COOK for Guardian
Will of JESSE COOK
SAMUEL FINDLEY Estate
Will of BENJAMIN TROUTMAN
Will of PETER TROUTMAN
Will of WILLIAM TROUTMAN
DAVID FINDLEY Estate
Will of MARY FINDLEY
SAMUEL FINDLEY Estate - Donated by Margaret Gagliardi
Somerset County, Pennsylvania
Orphan Court, Vol 4, Page 55
Dated April 1837
April Court 1837
The petition of SAMUEL FINDLEY Esquire Surviving DANIEL BEAR administrator of the Estate of SAMUEL FINLEY late of Greenville Township deceased was presented to the court Setting forth. That in pursuance of a Writ of Partition issued out of the orphans court of Said County __ the first day of March in the year of our Lord one thousand eight hundred & sixteen, JACOB ANKENY Esquire High Sheriff of Said County did on the tenth day of May in the year last aforesaid __ __ __ on the real estate of said SAMUEL FINDLEY deceased & the __ aforesaid did enter __ value and appraise a certain tract of land belonging to the estate of said deceased and Known & designated No 2 Containing two hundred acres bounded by DOUGLAS BAKER & others at and for the Sum of Six dollars & twenty one cents per acre That on the 26th day of August 1816 the said inquisition being returned was confirmed by the Said court & a rule was on the Same day granted by the court upon the heirs & legal representatives of Said deceased at the valuation thereof aforesaid & on the 25th day of November 1816 the same rule was continued until the then next February Court. That on the 25 day of February 1817 due proof of the Service & publication of said rule was made in open court & certain of the heirs of Said deceased did appear in open court & then and their refused to take any part of the real estate of Said deceased & the other heirs not appearing the court ordered a Sale of a certain part of the real Estate of said deceased and on the first day of June in the year of our Lord one Thousand eight hundred and twenty one the said court did order a Sale of the before mentioned tract of Land No 2 but the Said order of the court that the said order of Sale of said tract of land No 2 may be continued to him as surviving administrator of said deceased &c&c.
Whereupon the court on the 25th April 1837 on due Consideration of the premises grant a new order of Sale to Said Surviving administrator of said dec'd Sale to take place on the premises on the last Saturday of July Next - Notice to be given in two papers printed in the Borough of Somerset and that six hand bills be circulated in the most public place in Said County of Somerset. Said administrator to Give a new bond with good Security for two Thousand four hundred and eighty four dollars. Terms one third of the purchase money to be Secured by recognizances and the interest thereof to be paid annually to the widow during her natural life - One Third of the remaining two thirds to be paid in hand and the balance in three equal annual installments - without interest, to be secured by recognizance to the several heirs or legal representatives 23d June 1837 Bond filed "advertized" hand bills Circulated. 8th September 1837 The petition of SAMUEL FINDLEY Administrator of Said deceased was _setting forth that at the last court an order was granted to him for the Sale of certain real estate of SAMUEL FINDLEY late of Greenville township deceased That on pursuance of said order he exposed the Same property to Sale but for want of bidders to Such amount as he thought Said property ought to bring he postponed the Sale thereof. He therefore prays that said order of sale may be continued to him.
Whereupon the court on the 8th day of September 1837 Continue said order to Said administrator on the same terms & when Sale to take place on the _ day of November next. New Bond to be given "advertized & Bells circulated". Bond filed with approved _ order issued.
December Court 1837 The petition of SAMUEL FINDLEY surviving administrator of the estate of SAMUEL FINDLEY late of Greenville township in Said County was presented to the Court Setting forth, That is pursuance of the within order of court he did on the 11th day of November 1837 proceed to the real estate of Said deceased mentioned in his petition & in the within order and sold the same on the premises to JOSPEH HAIR for the Sum of eleven hundred & ninety nine dollars & one cent at a public vendue and out _ of the same held in pursuance due public notice of the Sum recording to the within order & on the conditions containing in the same order. He therefore prays the court to confirm the sale of Said land upon the said purchaser complying with the conditions of sale aforesaid And he will pray &c.
7th December 1837 Continued until next Court
31st January 1838 The Court on due Consideration of the premises Conform the Said Sale So made and adjudged the Same to be and remain firm and _ power Upon the purchaser JOSEPH HAIR entering into recognizance with Security, Same day JOSPEH HAIR the purchaser and HENRY HAIR his Surety becomes bound Jointly and Severally unto the heirs and legal representatives of said deceased in the sum of two thousand three hundred and ninety eight dollars and two cents to be void upon condition that they the Said JOSEPH HAIR and HENRY HAIR Comply with the terms of Said Sale So made as aforesaid.
Taken and acknowledged in open Court the 31st January 1838. WM H. POSTTETLWAITE, Clerk
Rec'd 14 Dec 1839 of JOSEPH HAIR the purchases above named the sum of Seventy eight Dollars and forty six cents being the amt due to several heirs on _ _ of the within _ _ calculation & receipt filed. SAMUEL _, Clk.
Will of GEORGE COOK
- Donated by Margaret Gagliardi
Southampton Township, Somerset County, Pennsylvania
Will Book Vol 4, Page 481
No. 3, 1850
Dated 12 Dec 1849, Proven 16 Mar 1850
In the Name of God Amen I GEORGE COOK of Southampton township Somerset County and state of Pennsylvania being very weak and of old age but of perfect mind and memory Thanks be given to God that calling unto mind the mortality of my body and knowing that it is apointed for all men to Die Do make and ordain this my last will and testament that is to say Principally, and first of all I give and Recommend my soul into the hands of Almighty God that gave it and my body I recommend to the earth to be buried in a deacent Christian maner and buried at the Direction of my executors nothing doubting but at the general resurection I shall receive the Same again by the mighty power of God and as tuching such worldly estate where with it hath pleased God to bless me in this life I give devise and dispose of the same in the following manner and form first it is my will that my funeral Doctor and tending to me expenses be paid and all my Lawful Debts to be acertained by my executor and the ballance to be in the following form first I give and bequeath unto my son SOLLOMON two hundred Dollars, and ELIZA hundred Dollars to be paid to her as mentioned in a article of my real estate with WILLIAM F. BITTNER and further I give and bequeath the balance of my estate amongst my Children of my second wife RACHAEL that is to say LYDIA, LUCINDA, LAVINA, MARIAH, SOLLOMON and ELIZA all to be equally Divided amongst them their heirs Executors or Administrators excepting my Daughter RACHEL it is my will shall have fifty Dollars out of my estate and not to come in Divident with them mentioned RACHEL to have her fifty Dollars when so much is Collected by my executors and further it is my will that my To Moveable property be after my decease appraised and sale made thereof by my executors and I do hereby utterly Disallow revoke and Disannul all and every other former testament will Legacy bequest and execution by me in any wise before named wild and bequeathed and ratified and Confirming this and no other to be my last will and Testament . In Witness whereof I have hereunto set my hand and seal this twelveth Day of December in the year of our Lord one thousand eight hundred and forty nine 1849.
N B I the above named GEORGE COOK have chosen JOHN BAKER SEN.and JOHN S. WEIMER to be my executors of this above Described will to execute according to Law as above writen Seigned Sealed published pronounced and declared by the Said GEORGE COOK as his last will and testament in the presants of us who in his presants of each other have each hereunto subscribed our names. GEORGE COOK
BENJAMIN C. CRASBAY, JAMES (o) CRASBEY (his mark)
Somerset County SS. This 16th day of March 1850 personally appeared before me JOS. B. EARL, Register for the probate of Wills and Granting letters of administration in and for Somerset County BENJAMIN C. CRASBAY and JAMES CRASBEY the Subscribing Witness both Within and foregoing Will who being duly qualified According to law depose and Say that they where present and saw and heard GEORGE COOK the within Testator Sign Seal publish pronounce and declare the foregoing instrument of writing as and for his last Will and testament and that he was at the time of So doing of perfect and Sound mind and memory to the best of their Knowledge and belief. BENJAMIN C. CRASBAY, JAMES (o) CRASBEY (his mark)
Sworn & Subscribed before me this 16th of March 1850. JOS. B. EARL, Reg.
I GEORGE COOK of Southampton Township, Somerset County & State of Pennsylvania do make and declare this my last Will and Testament.
1st The children of my first wife ELIZABETH & their heirs have already received from me all their Shares or perport? of my property. My will is therefore that they are to receive nothing further of my estate, real personal or mixed or to be benefited in any wise by this my will.
2nd I give & devise unto my beloved wife RACHEL all my estate real, personal and mixed during her natural life, or as long as She remains my widow, to have the full benefit & behoof thereof Provided that She is to educate & Support my minor children untill they arrive at the age of twenty one years, and I do hereby appoint & constitute my dear wife RACHEL Sole guardian over their persons & estates untill they Shall Severally arrive at the age of twenty one years or marry.
3rd I give and devise unto my children of my present wife viz LYDIA, intermarried with JACOB BITTINGER, LUCINDA intermarried with WILLIAM UHL, LEFINA, MARIA, RACHEL, SUSAN, ELIZABETH & SOLOMON all my personal estate at the death of my wife or her marriage in equal proportions.
4th I give and devise unto my Son SOLOMON All my real estate, at the death or marriage of my said wife, which consists in two contiguous tracts on which is erected a Grist Mill, Saw Mill, House, Barn & other buildings, adjoining lands of JOHN ALBRIGHT, JOSEPH MARIA & others Containing two hundred & twenty one acres, On which Said land I now reside. On condition that he pay or cause to be paid fourteen hundred dollars unto his sisters or their heirs, as follows, as Soon as he comes into possession of the property, which is not be take place untill the death of my said wife (in case of her death) on his arrival at the age of twenty one years, he is to pay one hundred dollars annually, commencing with the oldest, then when each have received one hundred dollars, then to commence again with the eldest, So that each of Said daughters Shall receive two hundred dollars of such Real estate.
5th In the event of the death of myself & wife before SOLOMON Shall arrive at the age of twenty one years, I order & desire that the property shall be leased to the best advantage, by my executors hereafter named, untill he shall arrive at the said age. The rent or proceeds to be equally divided amongst the Said eight children.
6th In the event of the death of SOLOMON before my own or my wifes death or before he shall have arrived at the age of twenty one years, I hereby order direct the Said Real estate to be Sold, at public Sale by my executors & the proceeds to be equally divided amongst the remaining Seven children or their representatives in equal proportions. Provided that the proper real or personal shall not be sold during the widowhood or natural life of my said wife.
I also hereby nominate & appoint JOHN S. WEINER and DANIEL DEPLEY? Esquires Executors of this my last will & Testament hereby revoking all other wills by me heretofore made & declaring this to be my Last Will & Testament, this 3 Nov 1841. Signed Sealed & delivered in presence of us who Signed the same at his request & in his presence this 3rd Nov 1841. GEORGE COOK SENER.
GILLIAM LINT, F. M. KIMMEL
December 17th 1849
Them settled all Book accounts notes receipts and all and every other claims or Demands whatsoever heretofore Dealing or Dealings which we have had anuling all and every book or books heretofore in any wise to be null and void if not closed or marked paid them being all null and void on both parties all books of any kind it written not closed or not all settled to this Date settled between GEORGE COOK and JACOB COOK and said GEORGE COOK fell in JACOB COOKs Debt sixty five Dollars and eleven cents. This in case of JACOB COOK in our presents. JOHN S. WEIMER, WILLIAM F. BITTNER
April 29th 1850 this bill presented by J. COOK and excepted by me. J. S. WEIMER
March 15th 1850
I JOHN BAKER have been informed that I was appointed one of the executor of GEORGE COOK of Southampton township in Somerset County Do Decline Serving the office for the reason being old and very feble. A.C. JOHN BAKER
Rec'd Oct 17th 1850 of JOHN S. WEIMER Executor of GEORGE COOK Dec'dtwo dollars & fourty Eight lots in full of all Accounts between the Said GEORGE G. WALKER & the SAID GEORGE COOK Dec'd. GEORGE G. WALKER
Cumberland March 5, 1851. Received of Rev. WM. UHL forten dollars and fifty cent in full for a pair of marble gravestone with bar for GEORGE COOK dec'd. _
To the Honorable the Judges of the Orphans Court.
The petition of JOHN CASEBEAR assignee of WM UHL & others heirs & legal Representatives of GEO COOK dec'd Respectfully represent that JOHN S. WEIMER the Executor of the last will and testament of GEO COOK dec'd has a large fund in his hands belonging to the estate, and is wholly insolvent your petitioner therefore prays your Honors to grant a rule on Said Executor to appear at next term and show cause why he should not give security or be discharged & he will pray. JOHN CASEBEAR
JOHN J. BENFORD being duly sworn according to law said the facts set forth in the above petition are true to the best of his knowledge & belief Sworn & subscribed Deft. J. J. BENFORD. Sept. 18th 1852. G. LINT
Somerset County SS. At an adjourned orphans Court held at Somerset in and for the County of Somerset on the 22nd day of September A.D. 1852 before the Hon. The Judges thereof.
On petition of JOHN CASEBEER Assignee of WM UHL & other heirs &c of GEO. COOK dec'd The Court grant a Rule on JOHN S. WEIMER Executor of GEO. COOK dec'd to be and appear at an orphans Court to be held at Somerset in and for Said County, on the second Monday of Nov. next 1852 then and there to show cause why you should not give security or be discharged from said trust.
Extracts from the Records of Said Court Certifies this 23rd day of Sept. A.D. 1852. C. M. Hicks, Clk.
JOHN S. WEIMER Executor of GEORGE COOK Dec'd. No. 71 vs. CHARLES WILHELM, JOHN GIGER JR. Cost Justice 25
Before GEORGE G. WALKER Esqr. Amiele action in plea of Debt Not Exceeding $100 to appear on the 26th day of October 1850 Plaintiffs demand is on Note dated 28th day of March 1850 Six months after date for five dollars & Ninety five cts. October 26th 1850 CHARLES WILHELM one of the Defendants appeared And brings an Account in bar For $9 45/100 Plaintiff Not appearing Judgment for Defendant for Debt & Cost.
Debt $3 50/100
Rec'd December 21st 1850 of JOHN S. WEIMER Executor of GEORGE COOK Dec'd the Amount of the Above judgment & Cost in full. GEORGE G. WALKER
April 29th 1850. Received of JOHN S. WEIMER exr of GEORGE COOK Dec'd three dollars & forty four cent for services rendered for being witness to will and crying the sale. Fee per me. JAMES (o) CROSBY, (his mark)
Somerset County SS. At an orphans Court held at Somerset in and for Said County on the 11th of Nov 1850 before the Hon'o the Judges Thereof:
On petition of JOSPEH S. FRANCE and RACHEL FRANCE the Court award a Citation on JOHN S. WEIMER Executor of the Estate of GEORGE COOK dec'd to appear at the Next Orphans Court to be held at Somerset on this 1st Monday of Febry next 1851 to show cause why you Should not be discharged from any further trust in said estate or give sufficient Bail for Said trust or letters Should not be vacated. The Commonwealth of Penna.
To JOHN S. WEIMER
Greeting. You laying aside all business and Excuses whatsoever are hereby cited to be and appear Before an orphans court to be held at Somerset on the 1st Monday of February next 1851 to Show cause why you should not be discharged from Any further trust in Said estate and also why the Letters Testamentary should not be vacated. Herein fail not. Given under my hand and Seal of Office at Somerset 11th Nov 1850. JOS B. EARL, Clk
Somerset County ss. To the Honorable the Judges of the Orphans Court of Somerset County.
The petition of JOHN S. WEIMER Executor of the Last Will & Testament of GEORGE COOK SENIOR late of Southampton Township dec'd represents
That the said GEORGE COOK SR. was seised in his demisne as of fee of & in certain lands gins? & being within the said county, and being So there of seised do the Sixth day of December 1849 entered into & executed an agreement for the sale thereof to a certain WILLIAM F. BITNER in the words & figures as follows, namely Article of agreement made and agreed upon, the Sixth day of December one thousand eight hundred & forty nine by and between GEORGE COOK of Southampton Township Somerset County * State of Pennsylvania of the first part and WILLIAM F. BITTNER of the second part, Witnesseth that the said GEORGE COOK for the consideration Sum herein after mentioned doth grant bargain & Sell unto the said WILLIAM F. BITTNER and by these presents doth grant bargain & sell unto the Said WILILAM F. BITTNER all that plantation or tract of land Containing two hundred & twenty two acres, the Same being two tracts adjoining lands of JOHN WILL, PETER RIVER, JOHN BAKER, BENJAMIN CROSBY and WILLIAM MAY being and being in Southampton Township County & State aforesaid together with all & Singular, the Buildings & other improvements thereon erected, which is now occupied by the Said GEORGE COOK and WILLIAM F. BITTNER of which the said WILLIAM F. BITTNER his heirs executors or administrator or some of them shall and will & truly pay or cause to be paid unto the Said GEORGE COOK or to his heirs executors or administrator the just & full sum of two thousand dollars in the following manner two hundred dollars one year after the death of the said GEORGE COOK and two hundred dollars then each & every year on the same date untill all is paid being two thousand dollars of the which said GEORGE COOK biddeth himself his heirs executors or administrators at his own expense to make a good & sufficient deed or deeds of the aforesaid two tracts of land unto the Said WILLIAM F. BITTNER or to his heirs executors or administrators or such of them, or as after? the first two hundred dollars are to be paid & said deeds to be completed as is _ that day and I GEORGE COOK do authorize my Executors or administrators to pay unto ELIZA my daughter in whomes hands it may come one hundred dollars out of the first two hundred dollars extra pay for tending to me her father if she be of age, if not as soon as she may become of age or to her guardian if she may have one and the said to put the sum on interest till she may become of age or married said guardian to pay all over to her or her husband the said to be paid then as aforesaid, it be in whoever hands it may.
N. B. and it is further agreed by the two parties that the said WILLIAM F. BITTNER is to give said COOK all the shares which he the said BITTNER had to give said COOK for the years, 1848, and 1849 to do & perform the same as he the said BITTNER had to do in the article made on the 6th day of Novm 1848 Now in care of JOHN S. WEINER from the end of that article to the death of the said GEORGE COOK said article to continue the same as when first written & to Stand good till the death of the said GEORGE COOK & no longer & the said GEORGE COOK to keep possession of said property as before this date until his decease. In witness whereof the two parties have hereto set their hands & seals day & year first above written. Signed GEORGE COOK, WILLIAM F. BITTNER
Signed Sealed & delivered in the presence of us BENJAMIN E. CROSBY, JOHN S. WEINER
That the Said WM F. BITNER is ready and willing to pay or secure to be paid the Said consideration money, but that no sufficient provisions for the performance of the Said bargain or contract appears to have been made by the Said deceased in his lifetime though he was well satisfied and intended that the same should be consummated. That the Said WM F. BITTNER remained in possession until the death of said GEORGE COOK in pursuance of said agreement, & still continues in possession.
Your petitioner therefore pray your honors to appoint some day certain at which notice may be given to all person interested to appear in your said court to answer this bill or petition.
And further that your Honor decree to specific performance of the said Contract according to the true intent and meaning thereof and according to the laws of this state in order to the completing of the title to WM F. BITTNER.
I WM F. BITTNER having been made acquainted with the content of the foregoing petition join in the prayer of the Same acknowledging the fact therein set forth to be true. JOHN S. WEIMER
I, S. WEIMER the petitioner being duly sworn declare, that the facts, set forth in the foregoing petition are true to be best of his knowledge & belief. JOHN S. WEIMER
Sworn & Subscribed before me Nov 1st 1850. Wm F. DIVERLY
To the Honorable the Judges of the Orphans Court of Somerset County
The Petition of JOSEPH S. FRANCE and RACHEL FRANCE
Respectfully represent That by the last Will and testament of GEORGE COOK late of Southampton township JOHN S. WEIMER, was appointed Executor of the estate of said Testator which Will being duly proven before the Register of the County, Letters testamentary were granted to said JOHN S. WEIMER who has taken upon himself the duties pertaining to said Trust That said Executor is believed to be wasting or mismanaging the property of said estate under his charge, and is now, or is likely to prove insolvent. Your Petitioners being interested in the estate, of said Testator therefore prays your honor to issue a citation to said Executor, requiring him to appear on the (blank) day of November 1850 before the Orphans Court of said county to show cause why he should not give security for the faithful performance of his Trust and further abide all orders of the court in this behalf and they will pray &c. JOSPEH S. FRANCE, RACHEL FRANCE
Somerset County ss. Personally came JOSEPH S. FRANCE who being duly Sworn according to law, says the facts set forth in the foregoing Petition are correct & true, according to the best of his knowledge & belief. JOSEPH S. FRANCE
Sworn & subscribed before me this 16th day of October 1850. JOS. B. EARL, Clk O. C.
Petition of ELIZA COOK for Guardian - Donated by Margaret Gagliardi
Somerset County, Pennsylvania
Petition of Guardianship No. 3, 1850
Dated 22 April 1850
April 22nd 1850, WM UHL appointed Guardian Bail $200
To the Honorable the Judges of the Orphans Court of the County of Somerset.
The petition of ELIZA COOK daughter of GEO. COOK late of the township of Southampton in said County dec'd. Humbly Showeth:
That the said petitioner is a minor under the age of fourteen years and hath no guardian appointed to take care of her person & Estate.
Your petitioner therefore prays your honors to appoint some fit person as guardian. And She will pray WM UHL. ELIZA (x) COOK her mark
Will of JESSE COOK - Donated by Margaret Gagliardi
Southampton Township, Somerset County, Pennsylvania
Will Book ___, Pages ___
Dated 27 Feb 1892, Proven 1 or 8 Jun 1893
I JESSE COOK of Southampton Township in the county of Somerset and State of Pennsylvania, yeoman, being of sound mind, memory and understanding, do make and publish this, my last will and testament, hereby revoking and making void all former wills by me at any time heretofore made.
First of all I direct that my body be placed in a metallic casket and interred in the HOYMAN Cemetery and that my funeral services be conducted by a minister of the Evangelical Church.
As to such estate as it has pleased God to intrust me with, I dispose of the same as follows, viz:
1st I will and bequeath the surface only of farm at the price and on the conditions herein named, then the farm may be taken by one or more of my sons in order of age (oldest first) and if not accepted by one or more of them, then by one or more of the daughters at the price and on the conditions hereinbefore named, otherwise it may be sold at Public or private Sale to the best and highest bidder on such terms as may be arranged by my executors
8th And , lastly, I do nominate and appoint my sons JONAS M. COOK, and JESSE J. COOK to be the Executors of this my last Will and Testament.
NOTE: It appears that the Clerk, when he was transcribing this Will made a mistake and therefore started over.
I JESSE COOK of Southampton Township in the county of Somerset and State of Pennsylvania, yeoman, being of sound mind, memory and understanding, do made and publish this, my last will and testament, hereby revoking and making void all former wills by me at any time heretofore made.
First of all I direct that my body be placed in a metallic casket and interred in the HOYMAN Cemetery and that my funeral services be conducted by a minister of the Evangelical Church.
As to such estate as it has pleased God to intrust me with, I dispose of the same as follows, viz:
1st I will and bequeath the surface only of my Home Farm, situated in Southampton Twp, Somerset County Penna, containing one hundred and fifty (150) acres, more or less, adjoining lands of Somerset County Coal and Iron Company (Eli Shaffer, Martin heirs, and others, to my son JESSE J. COOK, for and in consideration of six thousand dollars ($6000) lawful money to be paid to my executors hereinafter named as follows: Namely 1st Payment not less than one thousand dollar ($1000) in cash six months after my death, and not less than four hundred dollars ($400) on the 1st of April yearly without interest including his (JESSE J. COOK's share in the estate until all is paid.
2nd In case the time for the 1st Payment should come within three months prior to April 1st, then the next payment of not less than four hundred dollar ($400) to be continued or deferred until April 1st of the year next following.
3rd Should my wife ELIZABETH survive me, a dower of two thousand dollars ($2000) to remain in the Farm as long as she may live, for In interest on which she may be kept by JESSE J. COOK at the Homestead, or in case she may desire to make her home elsewhere, then the interest on two thousand dollars ($2000) to be paid to her annually by the said JESSE J. COOK.
4th Should the life of my wife ELIZABETH be continued beyond the time of my death, she may select from the household goods, furniture, bedding &c such as she may desire, and the remainder if any such as she may not choose to divide among the children, shall be sold by my executors, hereinafter named, at Public or private sale, together with all other personal property - she, my wife ELIZABETH, to have three hundred ($300) from the fund thus realized.
5th That the interest on all notes held by me against my children for money advanced during my lifetime shall cease from and after the date of my death, likewise on all notes against my sons-in-Law CHARLES A. SMOUSE and WILLIAM H. DEAL, if living at the time of my death; otherwise the amounts of such notes to be collected, and the money to be applied to their children from their respective wives ELIZABETH and ALICE.
6th That the Share of my son JESSE J. COOK shall remain in the farm, the amounts to be deducted from the several payments the 1st Payment of one thousand dollars excepted, and that the estate be equally divided - Share and Share alike - between my nine children, namely: JOSIAH COOK, KATE A. WILHELM, JONAS M. COOK, EDWARD L. COOK, MARTHA E. WINGERT, WILLIAM H. COOK, JESSE J. COOK, ELIZABETH S. SMOUSE, AND ALICE M. DEAL.
7th If my son JESSE J. COOK should not survive me, or should he refuse to accept the farm at the price and on the conditions herein named, then the farm may be taken by one or more of my sons in order of age (oldest first) and if not accepted by one or more of them, then by one or more of the daughters at the price and on the conditions hereinbefore named, otherwise it may be sold at Public or private Sale to the best and highest bidder on such terms as may be arranged by my executors.
8th And lastly, I do nominate and appoint my sons JONAS M. COOK and JESSE J. COOK to be the Executors of this my last Will and Testament.
In witness whereof I, JESSE COOK, the Testator have to this my Will, written on one continuous sheet of paper, set my hand and seal this 27th day of Feb A.D. one thousand eight hundred and ninety two. JESSE COOK
Signed, sealed, published and declared by the above named JESSE COOK as and for his last Will and Testament in the presence of us who hereunto subscribe our names at his request in the presence of the Testator and of each other. SAMUEL H. KINNELL, JONATHAN J. KENNELL
I JESSE COOK the within named testator, do hereby make and publish this codicil to my last will and testament bearing date the 27th day of Feb 1892 in manner following, to wit; Item I do revoke the payment of Four Hundred Dollars in them one in my said will and devise the same shall be Three Hundred Dollars per annum as long as my wife ELIZABETH COOK shall live, and annually after the death of my wife ELIZABETH COOK the said JESSE J. COOK to pay annually Four Hundred Dollars until the dowery and the remainder of the Six Thousand Dollars is paid, duducting her share out of the same. Item I will and devise that all the personal property that I have bequeathed in the foregoing will to my wife ELIZABETH that that what she does not use during her lifetime to be sold by my executors and equally divided among my nine children. In witness whereof I have hereunto set my hand and seal this 21st day of March in the year of our Lord one thousand eight hundred and ninety three. JESSE COOK
Signed sealed published and declared by the said JESSE COOK as and for a codicil to his last will and testament in the presence of us, who, in his presence and in the presence of each other, have at his request, subscribed our names as witnesses thereto. MICHAEL LONG, JONATHAN J. KENNELL
Somerset County, ss: On this 1 or 8 day of June, A. D. 1893 before me A. J. Hileman register for the probate of wills and granting letters of administration in and for the county aforesaid, personally came SAMUEL H. KENNELL & JONATHAN J. KENNELL the subscribing witnesses, to the will hereto attached, and MICHAEL LONG & JONATHAN KENNELL, the Subscribing witnesses to the Codicile thereto who being duly affixed according to law, do say that they were present and saw and heard JESSE COOK was of sound mind, memory and understanding, to the best of their knowledge and belief. SAMUEL H. KENNELL, JONATHAN J. KENNELL, MICHAEL LONG, JONTAHAN J. KENNELL
Confirmed and subscribed to before me the date aforesaid, R. J. HILEMAN, Register
Will of BENJAMIN TROUTMAN
Contributed by Margaret Gagliardi
Somerset County, Pennsylvania
Will File No. 8, 1856
Recorded Vol. 5, Page 94, 4 April 1856
Will of BENJAMIN TROUTMAN
In the name of God Amen.
I BENJAMIN TROUTMAN of Southampton Township, Somerset County and state of Pennsylvania being sick and weak in body but of perfect mind and understanding thanks be to God Calling unto mind the mortality of my body and knowing that is appointed for all men once to die do make and ordain this my Last Will and testament that is to Say principally and first of all I give and recommend my Soul into the hand of the almighty God that give it and my body recommend to the earth to be buried in a decent Christian burial at the discretion of my Executor herein after named nothing doubting but at the general resurrection I shall receive the Same again by the almighty by power of God and as touching Such worldly Estate wherewith it hath pleased god to _ me in this life give _ and depose of the Same in the following manner and form first I will that my old home place being one hundred and fourty eight acres the Same shall be praised together with the personally property and Shall be sold and Divided among my Children Equal Share.
I give and bequeath unto my beloved wife CATHARINE Sixty five acres of land and one cow one heifer and the House and two _ _ kitchen furniture all what we have now and after her death the Same Shall be Sold and divided among my Children in Equal Shares.
And I do hereby utterly disallow revoke disannul and every other former testament will legacy, bequest and _ by me in any wise before named will and bequeathed ratifying and confirming this and not other to be my Last Will and testament and I make and ordain SAMUEL COMP and JOSEPH EMERICK executors of this my Last Will and testament. In witness whereof I have hereunto set my hand and seal the fourteenth day of March one thousand eight hundred and fifty six. BENJAMIN (X) TROUTMAN (his mark)
Signed and sealed published pronounced as his Last Will and testament in presence of us who in his presence of each other have hereunto Subscribed our names. ALEXANDER (x) EMERICK (his mark), HENRY MARTZ
Somerset County SS. This fourth day of April AD 1856 Before me JACOB NEFF Register for the probate of wills and granting letters of Administration in and for Said county HENRY MARTZ and ALEXANDER EMERICK the Subscribing witnesses hereto the foregoing will who being duly qualified according to Law depose and Say that they were present and saw and heard BENJAMIN TROUTMAN the within named testator signed Seal publish and pronounce and declare the foregoing instrument of writing and for his last will and Testament and that he was at the time of So doing of sound mind memory and understanding to the best of their knowledge & belief. ALEXANDER (x) EMERICK (his mark), HENRY MARTZ
Sworn and affirmed before me this 4th day of April 1856. JACOB NEFF, Regr
Will of PETER TROUTMAN
Contributed by Margaret Gagliardi
Somerset County, Pennsylvania
Will No. 8, 1846
Filed & presented March 16th 1846
In the name of God amen I PETER TROUTMAN of Southampton Township Somerset County and state of Pennsylvania being of Sound disposing mind memory and understanding thanks be given unto god for the same: Calling unto mind to mortality of my body Knowing that it is appointed for all men once to die do make and ordain this my Last will and testament that is to Say principally and first of all I give and recommend my Soul into the hands of almighty god that gave it and by body to the earth to be buried at the discretion of my Executors here in after mentioned and as touching Such worldly estate as it has pleased god to bless me in this Life I give and devise and dispose of the Same in the following manner and form to viz:
First it is my will that all my just debts funeral and other expense shall be first paid as soon as conveniently can be done after my decease by my Executors.
Second my will is that my Son JACOB TROUTMEN Shall have my old plantation where I now live on for the Sum of one thousand five hundred dollars to be paid in the following payments my Son JACOB TROUTMAN Shall pay tow thirds of this money unto my Eight children Share alike in yearly payments which is one hundred and sixty Six dollars and Sixty six and two thirds cents years till two thirds of the money is fully paid which is one thousand dollars the first payment Shall be paid one years after my death and then yearly as before mentioned till the two thirds of the money is paid unto the heirs before mentioned and the one third of the money which is five hundred dollars remain in the hands of my son JACOB TROUTMAN as long as my wife CATHERINE Liveth and JACOB TROUTMAN shall pay the Interest of the one third yearly unto my wife CATHARINE during her Life and after my wife CATHARINEs death then my Son JACOB TROUTMAN Shall pay this third of this money which is five hundred dollars before mentioned yearly as before mentioned unto my Eight children Share alike; thirdly I will unto my wife CATHARINE one cow and all her house hold property what She brought to me when I married her.
Fourthly my will is that the Balance of my Estate Shall be equally divided amongst my Eight children Share and Share alike.
Fifthly I will unto my grand Son SOLOMON TROUTMAN Son of JACOB TROUTMAN my Smooth bore gun.
And Last of all I nominate and appoint my son JACOB TROUTMAN and WILLIAM CRITCHFIEL Esqr and my Son BENJAMIN TROUTMAN to be Executors of this my Last will and testament and I do here by utterly disannul revoke and disallow all and every other former testaments wills Legacies bequests and Executors by me in any will before named will bequeathed ratifying and Confirming this and no other to be my Last will and testament. In Witness where of I have here unto Set my hand and Seal this Sixth day of July AD 1843. PETER TROUTMAN (actual signature)
Signed Sealed Published pronounced and declared by the Said PETER TROUTMAN in presence of us where in the presence of him have here unto subscribed our names. PETER BOYER, ABRAHAM BOYER, SAMUEL COMP
Somerset County SS. March 16, 1846 Personally appeared before me WM H. PICKING, Register for the Probate of Wills and granting Letters of Administration in and for said County PETER BOYER & SAMUEL COMP two of the subscribing witnesses to the within will who being duly qualified doth depose & say that they were present and saw & heard the within named Testator PETER TROUTMAN sign, seal publish, pronounce & declare this instrument of writing as and for his last will & Testament & that at the time of so doing he was of sound mind, memory and understanding to the best of their knowledge & belief. PETER BOYER, SAMUEL COMP
Sworn 7 subscribed this 16 march 1846 before me. WM H. PICKING, Regr.
Somerset County SS. And now to wit March 16, 1846 personally appeared Before me WILLIAM H. PICKING, Registrar for the probate of Wills and granting Letters of Administration in and for said County.
To the Honorable the Judges of the Orphans Court of the County Somerset, Pa
The petition of CATHARINE TROUMAN widow of PETER TROUTMAN last of said County dec'd Respectfully Sheweth That your petitioners husband PETER TROUTMAN dec'd died intestate on the 6th date of March AD 1846 leaving your petitioner his widow and issue eight children to wit. BENJAMIN & JACOB of Southampton Township in said County, RACHEL intermarried with DANIEL MARTZ of Allegheny Township, ELIZABETH intermarried with MICHEL WARNER of Greenville Township, MARY ANN intermarried with JOHN EMERICT of (blank) County Ohio, JOHN of Knox County, CHRISTINA intermarried with MICHAEL BYERS? Holmes County Ohio, CATHARINE intermarried with JOHN MEESE of Fayette County Pa. That the said PETER TROUTMAN died seized in his demesne as of fee of and in three certain tracts of land situate in Southampton Township aforesaid to wit. No. 1 call the Old place on which the said PETER died adjoining lands of SOLOMON COMP, JOSEPH EMERICK containing two hundred acres more or less about one hundred acres of cleared land with a large weather barn dwelling house thereon erected with other improvements and a large orchard with the appurtenances. No. 2 A tract of land known as the GEORGE? WITT Improvement containing one hundred acres more or less of timber land with 6 or 7 acres cleared thereon adjoining the old place and JOSEPH EMERICK, SAMUEL COMP & others. No. 3 one other tract containing one hundred acres more or less with about thirty five acres cleaned land, one hewed log one and a half story dwelling house one cabin barn thereon erected adjoining lands of JACOB LEIDIG, DANIEL LEIDIG, HENRY HETHERINGTON and others. Your petitioner therefore prays your Honors to award an inquest to make partition of the said several track of land to and among the children and representatives of the said intestate in such manner and in such proportions as by the laws of this commonwealth is described if such partition can be made without prejudice to or spoiling of the whole but if such partition cannot be made thereof as aforesaid then to value and appraise the same. And further to inquire and ascertain whether the said real estate with the appurtenances will be conveniently accommodate one or more of the children of the said intestate and if so how many of the said children it will conveniently accommodate and make report of their proceedings to the next general orphans Court. And she will pay &c. CATHARINE (X) TROUTMAN (her mark)
Attest: JAMES _ARTHER
Will of WILLIAM TROUTMAN
- Contributed by Margaret Gagliardi
Somerset County, Pennsylvania
Will Book Vol. 6, Page 206
File No. 3, 1881
Dated , Probated 12 Apr 1881
I WILLIAM TROUTMAN of Southampton Township Somerset county Penna being of sound mind & memory, and understanding do make and publish this my last will and testament hereby revoking and making void all former wills by me at any time heretofore made.
And first I direct that my body be interred in the LUTHERAN & GERMAN REFORMED burying ground in WELLERSBURG BOROUGH, according to the rites and ceremonies of the LUTHERAN CHURCH.
As to such estate as it hath pleased God to intrust me with, I dispose of the same as follows viz.
1st. I give and bequeath to SAMUEL REIBER the sum of Two ($2) Dollars which shall be in full of his share into of my estate as late Husband of my daughter DELILAH now deceased.
2nd. I give and bequeath to WILLIAM COOK late husband, of my daughter SUSAN now dec'd the sum of Ten Dollars which shall be in full of his share out of my estate.
3rd. I give and bequeath to AVAH BEAL late husband of LAVENIA HOYMAN child and heir of CATHARINE HOYMAN the sum of Ten dollars which shall be in full of his share out of my estate.
4th. I give and bequeath to my grandson JACOB COOK heir of my daughter SUSAN dec'd, the sum of Four Hundred Dollars (400) which shall be his whole and full share out of my estate in right of his mother.
5th. I give and bequeath to my Grand son LEPIS? _ TROUTMAN, son and heir of my son JOHN TROUTMAN dec'd the sum of Six Hundred dollars (600) which shall be in full of his whole share out of my Estate in right of his father.
6th. I give and bequeath to my great grand child MARY L. BEAL grand child of my daughter CATHARINE HOYMAN (now dec'd)the sum of Twenty five dollars which shall be in full of her share as heir of CATHERINE HOYMAN her grandmother & heir of my estate.
7th. I give and bequeath to MARY BEIBER, MICHAEL TROUTMAN, WILLIAM TROUTMAN, ENOCH TROUTMAN my sons each equal shares of my estate and the children of CHARLES TROUTMAN, DELILAH REIBER and HIRAM TROUTMAN shall inherit the shares of their parents out of my estate (The grand children of CHARLES TROUTMAN, HIRAM TROUTMAN, & DELILAH REIBER, shall receive the share of the parent who are heirs of my estate).
8th. I give and bequeath to the Trustees of the Lutheran Congregation at Wellersburg Borough Somerset county Pa and their successors in _ of which I am a member. The sum of One Hundred dollars to be used by said congregation as they may determine and shall be paid by my hereinafter named executor after my estate is converted into money.
And I do hereby constitute and appoint my son WILLIAM TROUTMAN sole executor of this my last Will and testament.
In witness whereof I WILLIAM TROUTMAN the testator have to this Will written on one sheet of paper set my hand & seal this 6th day of June A.D 1876. WILLIAM TROUTMAN
Signed sealed published and Delivered by the above named WILLIAM TROUTMAN to be his last will and testament in the presence of us who have hereunto subscribed our names at his request as witnesses thereto. SOLOMON UHL, JOHN H. UHL
I WILLIAM TROUTMAN the within named Testator, Do hereby make and Publish This Codicil to be added to my last will and Testament, Bearing Date the Eights Day of June A.D. 1876. In manner following to wit: I do revoke the Bequeath in my Said will Contained, to my Son MICHAEL TROUTMAN of All the Balance of Said Share which he has not received at my Death. I Do hereby Declare That my will is that the same be paid unto the Said MICHAEL TROUTMANs Children, namely, ELISABETH, WILLIAM, CHRISTENA, REGALIA, JOHN, ELLEN, OSKER, and ALBERT TROUTMAN share & Share alike after my Decease Except Two Dollars to be Paid to my Son MICHAEL TROUTMAN after my Decease. In Witness whereof I have hereunto Set my hand and Seal This Seventh Day of Sept A.D. 1878. WILLIAM TROUTMAN
SIGNED SEALED AND Published and Declared by the Said WILLIAM TROUTMAN as and for a Codicil to his Last Will and testament in the Presence of us who in his Presence and in the Presence of Each other have at this request Subscribed our names as Witnesses thereto. MICHAEL LONG, ALEXANDER H. LONG.
Somerset County SS. On this 12th day of April A.D. 1881 before me WM B. FREASE, Register for the probate of will and granting of letters of administration in and for the county aforesaid, personally came SOLOMON UHL, JOHN H. UHL, MICHAEL LONG, ALEXANDER H. LONG the subscribing witnesses to the will hereto attached, who being duly sworn according to law, do say that they were present and saw and heard WILLIAM TROUTMAN the testator sign, seal, publish, pronounce and declare the foregoing instrument as and for his last will and testament and Codicil and that at the time of so doing he was of sound mind, memory and understanding to the best of their knowledge and belief. SOLOMON UHL, JOHN H. UHL, MICHAEL LONG, ALEXANDER H. LONG
Affirmed and subscribed to before me the date aforesaid. WM B. FREASE, Register
To the Honorable the Judges of the Orphans Court of Somerset County.
In the Estate of ELLEN FELTING.
The Petition of WILLIAM TROUTMAN JR. Respectfully represents. That he is the Executor of WILLIAM TROUTMAN SR. deceased and as such filed his account which as confirmed on the 26th day of April 1883 and H. L. BAER Esqr. appointed Auditor to make the distribution according to the Will which was confirmed on the 8th day of June 1883.
That one ADA R. FELTING is one of the Legatees and there is distributed to her by the Auditors report the sum of $352.66 ½ . that she is a minor child under the age of fourteen years of Age of A. H. & ELLEN FELTING her mother from whom she inherits being dead, and a Great grand child of WILLIAM TROUTMAN SR. deceased living and residing in the City of Baltimore, Maryland, No. 184 Carry Street.
That she has no Guardian or person to take care of her estate. He therefore prays your Honorable Court to appoint some trustable person to take care of her estate and act as her Guardian According to the Act of Assembly in such case made & provided. WILLIAM TROUTMAN
Somerset County SS.
WILLIAM TROUTMAN being affirmed according to law says the facts in _ petition as far as are within his knowledge and upon the information received from other believes them to be true. WILLIAM TROUTMAN
Affirmed & Subscribed, 8th June 1883, SAMUEL SNYDER, Judge
To the Honorable the judges of the Orphans Court in and for the County of Somerset Penna.
In Re estate of WILLIAM TROUTMAN dec'd
The undersigned duly appointed by the Orphans Court of said County Auditor to ascertain advancements and make a distribution of the funds in the hands of WILLIAM TROUTMAN JR., Executor of the last will and testament of said dec'd would respectfully submit the following report.
That having given due and timely public notice in the Somerset Herald and Somerset Democrat papers published in the said County of the time and place of meeting, Your auditor sat at his office on Thursday the 24th day of May A.D. 1883, and was attended by the said Executor and his counsel LEWIS _ Esqr. And after having been duly qualified to discharge the duties of his appointment proceeded in the discharge of the same.
Amount brot over $6347.97
This fund is distributed according to the last will and testament of said dec'd.
The special bequests To SAMUEL RIBERS, MICHAEL TROUTMAN, WM COOK, N. W. BEAL, LEWIS TROUTMAN, JACOB COOK, MARY L. BEAL and the Trustees of the Lutheran Congregation at Wellersburg Borough in Somerset County Penna, Have been paid by the Executor and credit claimed in the account of the executor. See account filed & passed Registry the 29th March 1883. The distribution is limited to six of the Heirs as follows.
Heirs - 6 - $6347.97 = $1057.99 ½
To
WILLIAM TROUTMAN - $1057.99 ½
Advanced $408.20 = $649.79 ½
ENOCH TROUTMAN - $1057.99 ½
Advanced $967.34 = $90.65 ½
MARY REIBER - 1057.99 ½
Advanced $340.00 = $717.99 ½
Total = $1458.44 ½
WILLIAM TROUTMAN JR. was duly affirmed and his testimony taken which is hereto attached, giving the names of the heirs of said dec'd.
The auditor finds in the hands of the Executors as per his account filed that the balance in his hands includes the advancements made by the decedent except that made to MICHAEL TROUTMAN.
Amt in hand $6442.47
Expenses of audit
A.A. Sturtzman $3.53 - paid to A. A. Sturtzman
Ed Scuti, Painter $3.00
A.H. Coffoth, Painter $3.00
WM TROUTMAN Ex. $50.00 Rec. Wm Troutman
Rec'd for J & s. BAER $35.00
Total $94.50
Leaving balance of $6347.97
The account shows that MICHAEL TROUTMAN was advanced more than his share of the estate is excluded per the distribution.
To
CHARLES TROUTMAN Heirs - $1057.99 ½
DELILAH REIBER Heirs - $1057.99 ½
HIRAM TROUTMAN - $1057.99 ½
Total $4632.43
The following shares the distribution to the Heirs of CHARLES, DELILAH and HIRAM:
CHARLES TROUTMANs Heirs
To:
1. GEORGE H. TROUTMAN - $176.33 ¼
2. SUSAN MORRISON - $176.33 ¼
3. MARGARET HOUCK - $176.33 ¼
4. MARY CLARK - $176.33 ¼
5. LYDIA LITTLE - $176.33 ¼
6. WM P. TROUTMAN - $176.33 ¼
Total - $1057.99 ½
DELILAH REIBERS Heirs
To:
1. SUSAN BUTLER - $352.66 ½
2. CATHERINE BUTLER - $352.66 ½
3. ADA FELLING - $352.66 ½
Total - $1057.99 ½
DAVID FINDLEY Estate
Contributed by Margaret Gagliardi
Somerset County, Pennsylvania
Orphan Court, Vol. 5, Page 281
Dated 30 April 1849
April Term 1849
MARY FINDLEY for her discharge as Admtr of DAVID FINDLEY Dec'd
At an Orphan Court held at Somerset in and for the County of Somerset on the 30th of April 1849 before the Hon. The Judges thereof.
The petition of MARY FINDLEY Co Administrator of DAVID FINDLEY dec'd Respectfully Sheweth that your petition in connection with DAVID HUSBAND has filed their Account on the Said estate on the 2nd April 1849. Which Said Account is Confirmed by the Court.
The therefore pray that She may be discharged from the further administration of Said Estate.
Whereupon the Court discharge the Said MARY FINDLEY as aforesaid and order her to hand over all Books papers and effects in Said estate to her Successor. JO. B. EARL, Clk.
Somerset County, Pennsylvania
Orphan Court, Vol. 5, Page 281
Dated 30 April 1849
DAVID FINDLEY Estate
April Term 1849
DAVID FINDLEY Estate note give for my fees J. B. EARL
At an Orphans Court held at Somerset in and for the County of Somerset on the 30th of April 1849 Before the Hon the Judges thereof.
The petition of DAVID HUSBAND Admr & MARY FINDLEY admrs of the Estate of DAVID FINDLEY late of Stoneycreek Township dec'd Respectfully represents that the personal estate of Said descendent is unsufficient for the payments of Just Debts of Said estate as manifestly appears from an Account or Statement of condition of Said estate herewith Exhibited. That the Said decendant died Seized & possessed of a certain tract of Land Situate in Stoneycreek T.P. Containing 170 acres more or less with allowances adjoining JACOB J. WALKER, BENJ. LAMBERT & others whereon is erected carding machine & other improvements being all the real Estate of the Said intestate Situate in said County.
The therefore pray Your Honors So decree a Sale of the Said real estate for the payments of Debts and Suport maintenance & education of the minor children of Said Dec'd and they Will pray &c.
Whereupon the Court decree a Sale of the real estate of DAVID FINDLEY dec'd and Grant an order to DAVID HUSBAND Acting Admr of Said dec'd on the following Terms Viz. One third In Hand and the Bal in three payments So Secured by Judgment bonds and mortgage. Bail $3000 Bond filed Order Issued.
Now to Whit. 3rd Septr 1849 The petition of DAVID FINDLEY dec'd was presented to the Court Stating that in pursuance of an order of this Court he made Sale of the real estate of Said dec'd after giving due timely and Public Notice of the time & place of Sale & Sold the Same to JOHN HILL at & for the Sum of $1900 on the following terms viz. $700 in hand and $100 per annum commencing 1st Apr 1851 to be Secured on the property by Judgement bonds & mortgage he therefore prays your Honors to Confirm Said Sale as made and he be directed to make a deed to the purchase. Whereupon the Court Confirm Said Sale & made and adjudged the Same to be and remain firm and Stable forever and Authorise & direct the admr to make Execute and deliver a deed to the purchase. JO. B. EARL, Clk.
Somerset County, Pennsylvania
Orphan Court Vol. 5, Page 286
7 May 1849
April Term 1849
At an adjourned Orphans Court held at Somerset in and for Said County on the 7th day of May 1849 Before the Hon. The Judges thereof. The following Administration Accounts where presented to the Court for Confirmation And allowances and where by the Court Confirmed. The Account of CHRISTIAN FIKE Executor of JACOB BEECHLEY deceased
SEE ORIGINAL
SAMUEL BLOUGH ADMR, BARBARA BLOUGH
JOHN T. EDWARDS, JONATHAN BUTLER
CYRUS & URIAS BOWMAN, JOHN BOWMAN
JOHN H. SNYDER, JOHN D. REESE
DAVID HUSBAND & MARY FINDLEY, DAVID FINDLEY
SAMUEL C. PILE, GEO PILE
WM H. HARMAN & JACOB A. MILLER, WM HAMER
PETER MEYERS & JNO C. LICHTY, HENRY MEYERS
DAVID HARSHBERGER Ex, WILLIAM RINGLER
BENJM HAY Admr, PETER SHRER
JO. B. EARL, Clk
Somerset County, Pennsylvania
Orphan Court Vol. 5, Page 286
JACOB HUMBART guardian of FRANKLIN FINDLEY
Citation Clerk fees paid
AT an Adjourned Court held at Somerset in and for Said County on the 7th day of May 1849 Before the Hon. Judges thereof.
The petition of FRANKLIN FINDLEY Sheweth That JACOB HUMBERT was appointed the Guardian That he never filed an account of Guardianship. He therefore prays your Honors to award a Citation to his said Guardian to file his Account and he will pray &c.
Whereupon the Court Award a Citation on JACOB HUMBART Guardian to file his Account on or before the 20th day of June 1849. Issued.
NEED BOTTOM OF THIS PAGE. NOT SURE WHO FRANKLIN IS S/O
Somerset County, Pennsylvania
Orphan Court Vol. 5, Page 291
3 Sep 1849
JOHN B. DAVID, & MARY J. FINDLEY For Guardian
Fees $1.56 pd by Guardian
At an Orphans Court held at Somerset in and for the County of Somerset on the 3rd of Septr A.D. 1849.
Before the Hon'o the Judges thereof the petition of MARY MUSSER? Formerly Widow of DAVID FINDLEY dec'd
That you petitioner Said husband lately died leaving the following named children JOHN B., DAVID, & MARY J. FINDLEY your petitioner therefore prays your honrs to appoint Some Suiteable person to take charge of the persons & estates of Said minors all under the age of fourteen years and She will pray.
Whereupon the Court do appoint DAVID HUSBAND Guardian. Bail $1800. Bond Filed, Commission Issued, JO. B. EARL, Clerk
Somerset County, Pennsylvania
Orphans Court, Vol. 5, Page 292
3 Sept 1849
ROBT H. FINDLEY for Guardian
Fees Paid $1.56 by Guardian
September Term
AT an Orphans Court held at Somerset in and for the County fo Somerset on the 3rd Septr A.D. 1849 Before the Hon'o The Judges thereof.
The petition of MARY MUSSER FORMERLY MARY FINDLEY widow of DAVID FINDLEY deceased.
Setting forth that her said Husband lately died leaving a minor Son ROBT. H. FINDLEY under the age of fourteen years. She therefore prays your Honors to appoint Some Suiteable person to take charge of his person and estate of Said minor and she will pray.
Whereupon the Court appointed ROBERT HILL Guardian. Bail $600. Bond Filed Commission Issued 25th Sept. J. B. EARL, Clk.
FIND FRANKLIN's Folder
Somerset County, Pennsylvania
Orphan's Court, Vol. 5, Page 292
FRANKLIN A. FINLEY For Discharge of former Guardian & the appointment of another in his Stead.
Clerks fees $1.56 fees paid by Guardian
At an orphans Court held at Somerset in and for the County of Somerset on the 3rd of Sept. 1849 Before the Hon'o the Judge thereof.
The petition of FRANKLIN B. FINDLEY represents that JACOB HUMBART was his Guardian heretofore that he has Filed his account of his Guardianship and requests not act further as his Guardian.
Your petitioner therefore prays your honors to appoint Some Suiteable person for that purpose.
Whereupon the court discharge JACOB HUMBART former Guardian and appoint JOHN CRITCHFIELD in his Stead. Bail $700 Bond Filed Commission Issued. JO. B. EARL, Clerk.
Will of MARY FINDLEY
- Contributed by Margaret Gagliardi
Somerset County, Pennsylvania
Will Book 3, Page 429, No. 16
Dated 16 Apr 1835, Proved 23 Apr 1839
The last will and testament of MARY FINDLEY (relict of SAML FINDLEY, deceased) of Greenville township, Somerset county and state of Pennsylvania. I MARY FINDLEY being sick in body of Sound mind and memory (blessed be God for the same) and considering the uncertainity of this life; do make and publish this my last will and testament in manner and form following that is to say. First I commend my soul into the hands of that God who created it and my body after my death to be buried in a becoming christian like manner; as to those few earthly things which belong to me I dispose of in manner following to wit: One third of my worldly affairs as aforesaid I give unto my beloved son SAMUEL FINDLEY, one third thereof to my son JOHN S. FINDLEY, and the one third of my said effects to my daughter POLLY FINDLEY intermarried with DANIEL STEINMAN. Item I do constitute and appoint my grandson HIRAM FINDLEY my sole executor of this my last will and testament. Item, my said executor I do direct to procure after my decease a decent pair of tombstones and have them put up as soon after my death as may be convenient. Item. My wearing apparel I give and bequeath to my daughter Polly - Item, my bed and bedding) I give to MAGDALINE FINDLAY, consort of my Son SAMUEL FINDLEY & to MARY FINDLAY (wife of HIRMA FINDLAY. Item, my spinning wheel I give and bequeath to my grand daughter SUSANNA FINDLAY. Item I give and bequeath my large family Bible to my son SAMUEL FINDLAY. Item my chest and one chair I will to HIRAM FINDLAY my executor herein mentioned, also all my books (beside the bible already bequeathed). Further it is my will that these Items herein mentioned are not be to considered as included in the three first bequeaths viz. My sons SAMUEL and JOHN and my daughter POLLY are to have the balance of the outstanding debts when collected, and my own debts paid. Item it is my will that my said executor pay over to them (the three last legatees) each his respective share within two years after my disease: Item, that my executor shall not be bound to pay any money which he may not have collected, at the end of Said two years he is only to pay said legatees such suns as my be in his hands, of my estate (after charges, and a liberal reward to my said executor shall have been deducted for his services. And lastly my expresses will and meaning is and I do hereby order and appoint, that if any difference, dispute, question or controversy shall be moved, arise or happen concerning any gift, bequeath, matter or thing in this my will, given and bequeathed, expressed or contained, that then so suit or suits in law, law or equity, or otherwise shall be brought or commenced or prosecuted, for and concerning the Same; but the same shall be reformed wholly to the award order and determination of my friends JOSEPH STURZMAN and JOHN ENGLE, both of Elk Lick township, Somerset county and State of Pennsylvania, and what they shall order, desire or determine therein, shall be binding and conclusive to all and every person and persons therein concerned. In witness whereof, I have hereunto set my hand and seal, the sixteenth day of April, in the year of our Lord, one thousand eight hundred and thirty five. MARY (O) FINDLAY (her mark)
Signed, sealed and published an declared, by the above named MARY FINDLAY to be her last will and testament; In the presence of us; who at her request and in her presence have subscribed our names as witnesses thereto. JOSEPH STUTZMAN, FRANCIS (x) ALBRIGHT (his mark), ANTHONY (X) KEAGY's mark
Somerset County ss. This 23rd day of April 1839 personally came Before me WM PHILSON, Register for the pro bate of Wills and granting letters of Administration in and for this County aforesaid JOST J. STUTZMAN and ANTHONY KEAGY two of the subscribing witnesses to the within will who being duly sworn according to Law do depose and say that they were present and Saw and heard MARY FINDLAY sign by Marking her Mark thereto seal publish pronounce and declare the foregoing Instrument of writing as and for her last will & Testament and that at the time of so doing the said MARY FINDLAY was of Perfect and sound mind memory and understanding to the best of their knowledge and belief. ANTHONY (X) KEAGY (his mark), JOST J. STURTZMAN
Sworn & affirmed & Subscribed before me this 23rd day of April A.D. 1839. WM PHILSON, Register
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