At an Orphans Court held at Reading in and for the County of Berks, on the nineteenth day of February A.D.1828 before the honorable Robert Porter Esq. President and his associates Judge (??)*.
Upon the Petition of Samuel Wolf son and heir in law of Mark Wolf late of Robeson Township, Berks County, deceased, Thomas Wolf son and heir in law of as (afres)* , Jacob Wolf son and heir in law of as (afres)* , Owen Wolf son and heir in law of as (afres)* , by His guardian George
Clevenstine, Mary Wolf one of the daughters of the said Mark Wolf deceased and heir in law of as (afres)* , by her guardian James George Cleavenstine , Elisha Bitler intermarried with Eleanor and heir in law of as (afres)* , Sarah Wolf another Daughter of the said Mark Wolf deceased, The children of John Wolf to wit Sarah and Eleanor by their guardian Evan Evans which said John Wolf was a son of the said Mark Wolf deceased and who deceased before his father Mark Wolf aforesaid leaving a Widow who is now deceased, leaving the said Sarah & Eleanor daughters of the said John Wolf deceased heirs in law of the said Mark Wolf deceased and Sarah the widow and relict of the said Mark Wolf deceased.
Setting forth, what the said Mark Wolf died intestate on the twenty fifth day of September A.D. 1827. Leaving a widow to wit Sarah and issue seven children to wit Samuel Wolf, Thomas Wolf, Owen Wolf, Mary Wolf, Eleanor intermarried with Elisha Bitler, Sarah Wolf, the said Owen & Mary being Minors, and appear by their guardian above named, all of which and your Petitioner, also the children of John Wolf deceased grandchildren of the said Mark Wolf decd to wit Sarah & Eleanor Evan Evans (???)* and that the said Intestate died (leiser)* in his demesne as offer of and in a certain Mefsuage , tenement and tract of land situate in Robeson Township, Berks County (afres)*; bounded by land of William Fesick, George Clevenstine, the heirs of Matthew Brooke dec; and now a late of Samuel Robeson with appurtenance, and containing one hundred and sixteen acres more or less And being all the persons interested in the said estate. They being all persons interested in said estate. Praying the Court to appoint and (???er) Barny Stole, Allen Lewis, William Dergetz, James Thomas, Ephraim Scarlet, David Hoffman and John Fry seven judicious men who are indifferently chosen on behalf and with consent of your petitioners for the purpose, to make partition of the premises (afres)*; to and among the children and representatives of the said Intesatate, in such manner and in such proportions as by law of the Court is directed, if such partition can be made without prejudice to and spoiling the whole, but if such partition cannot be made thereof as (afres)*; then to value and appraise the same and make report of their proceedings according to law. Wherefore the Court here upon due consideration had of the premises appoint the afore said Barny Stole, Allen Lewis, William Degzetz, James Thomas, Ephraim Scarlet, David Hoffman and John Fry seven disinterested persons in differently chosen as (afres)* to make partition of the real estate (afres)* to and amend the aforesaid, heirs and representatives of the said Mark Wolf, deceased, if the same can be done without prejudice to and spoiling the whole. But if it cannot be parted and divided without prejudice to and spoiling of the whole, that the inquire whether it will conveniently accommodate more than one of the heirs, and of so, that they ascertain and report how many the land will accommodate describing each purport {if divided} by mater of bound and return a just valuation and appraisement there of. But if the shall find that the said premises cannot be divided among all the said children, nor accommodate more than one of them without prejudice to and spoiling of the whole that they then value and appraise the same according to law. And that they make a report of their proceedings herein and their hands and seal, before one Judge at Reading at our Orphans Court there to held on the eleventh day of April next. Witness the honorable Robert Porter Esquire president of our said Court at Reading on the 19th day of February A.D. 1828.
By the Court,
Nathan P Hobert, Clk O C
George Cleavenstine, the heir of Matthew Broke deceased and now an late of Samuel Robeson with appurtenance containing one hundred and sixteen more or less. Your petitioners, being all the persons interested in the said Estate humbly pray your Honor to appoint and order Barny Stole, Allen Lewis, William Dergetz, James Thomas, Ephraim Scarlet, David Hoffman and John Fry seven judicious men who and indifferently choosen on behalf and with the consent of your petitioners for that purpose, to make partition of the premises aforesaid to among the children and representatives of the said intestate who one and all your petitions here praying, in such manner and in such portions as by the law of the Commonwealth is directed if such partitions be made with out prejudice to or spoiling of the whole but if such partitions cannot be made then the aforesaid Men to value and appraise the same, and make a report herein of the proceedings according to law.
And they will pray.
Samuel Wolf
Thomas Wolf
Jacob Wolf
George Clevenstine, Guardian of Owen Wolf and Mary Wolf
Sarah (X her mark) Wolf
Elisha Bitler
Evan Evans, Guardian for Sarah & Eleanor children of John Wolf decd
Sarah (X her mark) Wolf, relict of Mark Wolf decd
Witness to the mark of Sarah Wolf: William Scarlet
Witness to the (?????) of Sarah Wolf, Widow: John Frees
To the honorable the Judges of the Orphans Court within named.
We the subscribers, appointed by the order of the Court, to make partition pf the real estate therein mentioned, whereof the within named Mark Wolf died seized, if suck partition could be made without prejudice to and spoiling of the whole, otherwise to value and appraise the whole. Do report, that, in pursuant of the order, we have viewed the land and premises therein mentioned, and, finding that the same could not be divided to and among the parties within mentioned, without prejudice to and spoiling the whole, have valued and appraised the same at the sum of one thousand dollars. Witness our hands and seal the twenty eighth day of February in the year of our Lord on thousand eight hundred and twenty eight
The subscribing jurors all sworn and affirmed before me the 28th day of February 1828
Evan Evans
Barny Stole [Seal]
Allen Lewis [Seal]
William Dergetz [Seal]
James Thomas [Seal]
Ephraim Scarlet [Seal]
David Hoffman [Seal]
John Fry [Seal]
* ( )* means exact word or spelling unknown
Submitted by: Michelle.
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