Upper Tulpehocken Township, Berks County
August 1840
Heirs: Boltz
Others: Reber, Berger, Fare, Hiester, Miller, Goodman, Kantner, Runkel
Berks County, ss. The Commonwealth of Pennsylvania
To the Sheriff of Berks County ... Greeting
Whereas
Isaac Boltz one of the Sons and Heirs of Michael Boltz., late of the township of Upper Tulpehocken in said county Yeoman. deceased, preferred a Petition to the Judges of the Orphans' Court of the said county, setting forth, that the said Michael Boltz died intestate about three years and an half ago, leaving a widow named Sarah Boltz, and issue nine children to wit Isaac Boltz your petitioner, Reuben Boltz, John Boltz, Franklin Boltz, Polly Boltz, Lavina Boltz, Charlotte Boltz, Priscilla Boltz, Elizabeth Boltz. the said Reuben, John, Franklin, Lavina, Charlotte, Priscilla & Elizabeth being still minors - Jonathan Reber being guardian of Reuben, Lavina, Charlotte, and John Berger guardian of Priscilla, Elizabeth, John & Franklin
That the said intestate, at the time of his decease was seized in his demesne as of fee of and in a certain Messuage Tenement and Tract of Land, situate in Upper Tulpehocken Township, Berks County, bounded by lands of Daniel Fare, Jonathan Reber, Yost Hiester, Joseph Miller, Henry Goodman, Jonas Kantner and a road leading from Hamburg to Roehrersburg. Containing One hundred and fifty acres more or less. Having thereon a two story house, a barn, spring house and orchard and plenty of water.
Also of and in a tract of Woodland, situate in said Township of Upper Tulpehocken, Berks County, bounded by lands of Jost Hiester, Thomas, Kanter, and William Runkel, containing fifteen acres more or less with the appurtenances;
and therefore praying the court to award an inquest to view the same and make partition, &c. which was accordingly awarded by the Court. Therefore we command you, that you forthwith summon an inquest of twelve good and lawful men of your bailiwick and go to the said premises, and then and there by their oaths and solemn affirmations make partition thereof, with the appurtenances to and among the widow and among all the children of the said deceased, if the same can be done without prejudice to and spoiling of the whole, But if the same cannot be so parted and divided without prejudice to and spoiling of the whole, that the same said inquest do view and inquire whether the same will conveniently accommodate more than one of the children- and if they so finds, that they can ascertain and report how many the same will as aforesaid accommodate, describing each purport by metes and bounds and returning a just valuation and appraisement thereof. But if the said inquest shall find that the premises aforesaid, with the appurtenenances can not be parted and divided to and among the widow and all the children of the said deceased, nor accommodate more than one of the said children with out prejudice to and spoiling of the whole, that they then value and appraise the same agreeably to law. That they estimate the widow's part therein and in each purpart if divided. That due and legal notice of the time and place of holding such inquisition be given to all the parties interested, that they may be present if they think proper. And that the partition or valuation so made, you distinctly and openly have, under your hand and seal and under the hands and seals of those whom the same shall be made, before our Judges at Reading; at our Orphans' Court, there to be holden the sixth day of November next. And have you then there this writ. Witness the honorable John Banks, Esquire, president of our said court, at Reading the 7th day of August in the year of our Lord, one thousand eight hundred and forty.
?? Donagan
Submitted by: Mary Alice.
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