Jacob KERST died intestate on 9/3/1823. Here are excerpts from the administrative files of the Orphan's Court in Reading:
To the Sherriff of Berks County, Nov 6, 1824:
Whereas Samuel KERST, a son of Jacob KERST, late of the township of Union, yeoman, deceased, preferred a petition to the judges of the Orphan's Court of the said county, setting forth that his said father died intestate on or about the third day of September 1823 leaving a widow Hester and issue six children namely to wit: Samuel, the petitioner, Mary, Catharine, Daniel, Hetty and Isaac. That the said intestate, at the time of his decease was seized as of fee of and in messuage and tenement and tract of land situated in the Township of Union in the County of Berks bounded by the lands of Wm LONG and Richard HARRISON and others containing one hundred and sixty seven ares, be the same more or less, on which are erected a stone house, smith shop, a wash house and all other necessary buildings, one tract of woodland 15 acres more or less and one tract of 8 acres in same township of woodland and about 4 1/2 acres of orchard land and another lot of wood containing 10 acres with the appurtenances; and therefore praying the court to award an inquest to view the same and make partition, &c. which 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 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 parted and divided without prejudice to and spoiling of the whole, that the same inquest do view and inquire whether the same will conveniently accommodate more than one of the said children; and if they so find, that they then ascertain and report how many the same will as aforesaid accommodate, describing each purport by metes and bounds, and returning a just evaluation and appraisement thereof. But if the said inquest shall find the premises aforesaid, with the appurtenances, cannot 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 without 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 each purport 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 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 by whom the same shall be made, before our judges at Reading, at our Orphans' Court, there to be holden the seventh day of January next. And have you then there this writ.
WITNESS the honourable Robert PORTER, esquire, president of the said court, at Reading, the sixth day of November, 1824.
signed Clerk of Court.
On 11/12/1824, Samuel KERST petitioned the Orphan's Court:
The petition of Samuel KERST, son of Jacob KERST, respectfully represents:
That your petitioner's father died intestate on or about the third day of September 1823, leaving a widow Hester KERST and six children, as shown in the petition and prays for your honours to award an inquest to make partition of the premises aforesaid to and among the children and representatives of the said intestate...without prejudice...and to further inquire and ascertain within the said real estate, the value and appraise it, to determine with the appurtenances such that will conveniently accommodate more than one 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.
On 11/18/1824 at the home of the deceased in Union Twp, before the Sherriff Daniel KERPER, a report was made by the 12 persons sent out to appraise the land of the deceased, value it, and determine if it could accommodate all the children and widow. The twelve men were: Elisha BAIRD[BARD], Henry KUPP, Joseph LIVERGOOD(LEVENGUTH), Daniel SHROCK, Jacob KNABB, John SHOIA, Henry SCHMECK, Samuel HARRISON, Abraham DeHAVEN, John FOX, John STONER and Jacob STONER. Their report showed they 'went to and upon' the lands of the deceased and found that the lands would only accommodate 4 of the children. The total value of all property was determined to be
$2,702 for Samuel - tract of 86 acres, 31 perches plus another tract of 10 acres
$1,512 for Elias MOORE - 77 acres 148 perches plus 8 acres, 3 perches
$ 204.83 for Daniel KERST - 15 acres, 121 perches
$ 93.58 for Samuel - Island in the Schuylkill - 4 acres 148 perches
On 1/7/1825, Esther KINZY petitioned the court: That she is a minor above the age of 14 and had no guardian appointed to take care of her person and estate, she there pray your honors, to admit to make choice of a guardian for the purposes and she pray to George KINZY her husband. The court, Robt PORTER and Jac SCHNEIDER approved her choice of her husband, Geo. KINZY, as her guardian.
A document in the file (no date, but presumed to be a result of the inquisition], shows only 4 children could be accommodated:
Jan 7 1825 the Sherriff, Dan'l KERPER, returned the inquisition to the Orphans Court:
Writ of Petition and valuation on the real estate of Jacob KERST, deceased on 1/7/1825; judges present were Robert PORTER, Esq and Jacob SCHNEIDER, Esq.:
The written inquisition being read and proceeding confirmed by the court. Samuel KERST, eldest son of the said deceased appeared in open court and accepted of the first within described part viz: evaluation of 96 acres and 31 perches of land. The same was adjudged to him by the court, the same time Daniel KERST, also a son of the said deceased, appeared in open court and accepted of the 3rd within desirable purport at its evaluation consisting of a messuage and 15 acres and 121 perches of land, the same was adjudged to him. At the same time Jacob YODER, guardian of Isaac KERST, also a son of the said deceased, appeared and declined taking any part of the real estate at the valuation for his said ward; same time Elias MOORE intermarried with Mary, a daughter of said deceased, appeared and in right of his wife, accepted of the second within described purport of said real estate at its valuation - it consisting of a messuage and two tracts of land containing together 85 acres and 151 perches, the same was adjudged to him by the court; next Daniel KINTZE intermarried with Catharine, a daughter of said dec'd, appeared in open court and in right of his wife declined taking the remainder of said real estate at its valuation; George KINTZE intermarried with Hetty, also a daughter of the said deceased appeared in open court and in right of his wife, declined taking any part of the real estate at its valuation, then Samuel KERST again in his turn appeared and accepted of the fourth described purport of within real estate at its valuation it consisting of an Island in the River Schuylkill containing 4 acres and 168 perches the same was also adjudged to him by the court. The court at the same time order and direct that the said Samuel KERST, Daniel KERST and Elias MOORE, each of himself, enter into recognizance and give bonds in order to secure the other children and heirs of the said Jacob KERST due their respective shares and proportionate parts of the different purports of the said described real estate of the said deceased.
The summary of this is, in the settlement of the estate of Jacob Kerst, the Moore's took the aforementioned farm, including eight acres of woodland at the appraised price of $1,512.00.
Samuel Bertolet Kerst, oldest son and administrator of the estate, took the river farm, including ten acres of woodland, appraised at $2,702.00, and the Kerst island in the Schuylkill river, covering four acres and 148 perch, for the appraised price of $93.
The 15 acre plot, probably what is now known as Arlington, went to Daniel Kerst for $204.83.
Two daughters were married to Daniel and George Kinzy and they took a cash settlement, as well as Isaac Kerst, a minor.
Jacob's remains rest in a farm cemetery near the Jean Bertolet farm in Oley Township. His wife, Esther BERTOLET, great grand-daughter of Jean BERTOLET, was born in 1769 and died in 1846. Her remains rest in the Bertolet Cemetery #2, near Friendensburg.
note by submitter:
Jacob KERST and Hester aka Ester Yoder BERTOLET, are my gr4grandparents. Their daughter Mary B. KERST married Elias N MOHR/MOORE and are my gr3grandparents.
Submitted by Diana.
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