Petition for partition of Estate of John Boltz

Upper Tulpehocken Township, Berks County
December 1861

Heirs: Boltz, Klee, Goodman, Himmelberger, Berger
Others: Reber, Fehr, Hiester, Ritzman, Kline, Miller, Kantner, Klahr, Schoener

To the honorable, the judges of the Orphans Court, in and for the County of Berks

The petition of the subscribers, heirs, and legal representatives of John Boltz, late of the township of Upper Tulpehocken, in the county of Berks, deceased, respectfully represents; That the said John Boltz lately died, intestate, leaving a widow viz. Elizabeth, and issue four children, viz. Solomon Boltz, Lavina married to Samuel Klee, Lydia married to Benneville Klee, and Selisa married to Percival Goodman, and issue of deceased children viz. Sarah married to Benjamin Himmelberger and Emanuel Berger, children of Catherine (Boltz) deceased, who was married to George Berger, still living, and William Goodman son of Sophia (Boltz) deceased who was married to said Percival Goodman. The said Sarah Himmelberger and Emanuel Berger being grandchildren being grandchildren of said intestate and of full age and the said William Goodman being also a grandchild but still a minor but having for his guardian Peter Reber, and that the said intestate died seized in his demesne as of fee of and in the undivided half part of all that certain messauge tenement and tract of land situate in the said township of Upper Tulpehocken. Bounded by lands of late Jonathan Reber deceased, Daniel Fehr, Jost Hiester, Jacob Ritzman, Daniel Kline, and lands late of Joseph Miller deceased, containing one hundred and fifty acres more or less. The improvements therein erected are a large weather boarded two story log dwelling house, large frame switzer barn, spring house &c. The above tract is all usable land with the exceptions of some twelve acres of meadow and about fifteen acres of woodland. Also the undivided half of a tract of woodland situate in the same township and county bounded by lands of Jost Hiester, Thomas Kantner and others, containing eight acres more or less with the appertenances. Your petitioners therefore pray the court to appoint Jacob Klahr, Daniel Hiester and Daniel Fehr, who have been chosen by your petitioners for that purpose, to make partition of the premises aforesaid to and among the children and representatives of the said intestate, in such a manner and in such proportions as by the laws of the Commonwealth is directed so that each one shall receive his proportionate part thereof. If such partition can be made without prejudice to or spoiling the whole thereof. But if such partition cannot be made thereof, as aforesaid, then to value and appraise the same and make report of their proceedings according to law. And they will pray &c.

Samuel Clay
Lavina Clay (her mark)
Peter Reber Jr.
Benneville Clay
Lity Clay (her mark)
Percival Goodman
Selisa B Goodman
Josiah Boltz
Benjamin Himmelberger
Sarah Ann Himmelberger (her mark)
Elizabeth Boltz (her mark)
Solomon Boltz
Emanuel Berger - Josiah Boltz his attorney in fact

Berks County

Solomon Boltz one of the above named petitioners, being duly sworn according to law, disposes and said that the facts set forth in the foregoing petition are true to the best of his knowledge and belief. Sworn and subscribed before me, the 26th day of Dec, 1861.

Solomon Boltz
William J Schoerner
Justice of the Peace

Submitted by: Kathy.


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