Estate of Phillip Yerger

Philip Yerger died on 16 June 1860 without a will and with property and heirs. A petition to distribute the property was filed with the sheriff of Berks County, Pa and for the judges of the Orphans Court on 9 August 1860 by Solomon Yerger. Notice of the inquest was to be published in "Reading Adler," a German publication and the "Berks County Press," an English newspaper.

The result was a lot of paper work which included many appraisals and testimony from those who knew him.

Philip owned 46 acres of real estate in Penn Township, Berks County, Pennsylvania. This land was bordered by land owned by Martin Lengel, Valentine Epler, John Reber (deceased), Solomon Yerger, Solomon Berger and Joseph Stoudt. The real estate was appraised at a value of $3220.00 ($70/acre).

Nine Children: Solomon Yerger, Benneville Yerger, Philip Yerger, John Yerger, William Yerger, Catherine married to William Potteiger, Elizabeth married to Benjamin Haeffer, Caroline married to Levi Metz and Esther Yerger (a "lunatic", age 30, under guardianship of Solomon Yerger.)

Printing in	1.00
Printing in --- Dry Register	1.00
William Yerger, loan to Philip	$78.16
William Yerger (labor for building an addition to the Philip Yerger home)	75.00
William Yerger, for labor after Philip's death	55.23
Solomon Yerger for labor after Philip's death	36.17
Solomon Yerger, loan to Philip	28.00
Cash for funeral	5.00
Cash to Anna Weber (for wages?)	.37
Cash to A Hime (for wages?)	1.00
Paid to accountant	100.00
Court fees (auditor, Clerk, Printing)	63.38
L.S. Livingood, Esq	25.00
Other bills owed	247.53
Total Liens	716.84

Other costs against the estate left $2833.37 for distribution to the heirs. Catharine, the widow, was to receive one third ($944. 45 2/3), but was to receive her third as interest during her lifetime. When she died, her third was to go to the other heirs.

(When a person dies without a will, one third goes to the surviving spouse and the other two thirds is divided equally between the children. If there is only one child, the child gets more than the parent!

Various claims and questions were made before the auditor. Some he allowed and some he did not. Attached to the settlement are the claims and the adjustments.

William Livingood was atty for the estate and William B. Franklin Boyer was atty for some of the heirs.

There was a great deal of controversy over some apples, 100 bushels of apples. It was said that $200 was realized from the sale of the apples just before the death of Philip. No one knew if this was all profit or if that was just the total realized from the sale. The apples were taken to Pottstown, a distance of 20 miles, over rugged terrain, for sale. There seems to have been a question as to why they would have been taken that far to be sold. The auditor allowed a profit of $20 or 20 cents per bushel.

Another question concerned that fact that there were two appraisals. The first appraisal seems to have been set aside by the court and another ordered.

Another controversy involved a mare. After the first appraisal, widow Catherine sold the mare. After the purchaser acquired the mare, a colt was born to the mare. The question arose as to who owned the colt. The auditor decided the purchaser owned the colt, not the seller.

Another question concerned two colts which had been given away by Philip before his death. One colt was given to William and the other to Solomon. The auditory said they were not part of the estate because they had been given away prior to Philip's death.

John Banks was the auditor of the estate. (I could not find the date this document was filed with the court.)

(The first part of this deposition was not printed on my page, so I don't know who said this)

year he had made $500.00 out of the fruit, taking it to Pottsville and selling it. Can't tell what year this was. The year the old man died, the fall of 1860, it was a good year for fruit with them. They had a great deal. I live in the neighborhood 25 years. I had a conversation in the fall of 1861 with William Yerger one of the Administrators, he said they made a bout $200.00 out of the fruit that year. He took it to Pottsville the same as the old man had done. The grain crops were good that year on the Yerger place. About four acres in wheat, about four acres of corn, about three acres of oats, a couple of acres of rye, about three acres of meadow. The wheat may have amounted to 50 or 60 bushels, corn was poor that year. IT may have amounted to 10 bushels, Oaths was poor also-may have been 50 bushels. About 20 bushels of rye. The price of wheat that year was about $1.20 per bushel, corn 60 cents-oats 37 cents-rye 75 cents, this was the only grain as far as a know raised on that placer that summer.

XX It is about 20 miles from Yerger's place to Pottsville. It is a hilly road. Don't know that the $200.00 for fruit was profit, or the whole proceeds of sale. It was about 2 or 3 years before Philip Yerger's death thast he told me he got 500 dollars one hear for his fruit --- did not say what year.

Catherine Yerger and the decedent had a conversation about a claim which my mother had against him. It was in the kitchen of Philip Yerger's house (Witness shown book marked A) This book was there. Yerger took the book and added it up - and said it was ninety dollars and a half. She wanted a receipt for it and he would not give it to her. What he thereupon said, I don't know--- He said he owed her that --- I am certain this is the same book and account they had there.

XX No person was [present except old Mrs. Yerger, Philip Yerger, my mother and myself. Grandfather had pen and ink. I can write German-can't read German writing-can't read this. These figures (99.50) the old man made counting it up. He drew a line under the figures-counted it up and put the figures 99.50 below, and then made the long line under it. He wrote the line below the long line at the same time. The boys were not present. It may have been two or three years before his death. He had the ink stand in the closet, can't tell what kind of penholder. I can no t read one word of the writing in the book. I know the book from the long line and from what is written below it. I saw him write it. I can't tell if what appears above the long line was written in the book or not when my mother brought it there. Grandfather always had black ink. I did not see the book since that time-have not talked about it to any person since - and no one showed me the book since. There is nothing else that I know the book by except what I have said.

tell why he would not give her a receipt. Can't recollect that he said he would pay it. He said nothing except that so much he owed her. Can't tell what they talked about before and after this-My mother did not ask me since then what I remembered of it. Have never seen the book since, or talked about it. Grandfather refused to hive her any writing.

I am certain he said he owed her so much-XX I think it was two years before he died. I know what kind of ink grandfather had in the house-it was black - never had blue ink that I know of.

I was constable of Peru Township from 1843-1859. Catharine Yerger had a bastard child. I was appointed by the Court to receive the money and pay it over to her - about 1845. It was paid to me quarterly, $6.50 quarterly - fifty cents per week. This money was received by her and some of it by her father. It was paid by George Webber.

XX I wrote the note for $25.00, the old man said he had so much of her money and would give her a note for it. Can't say if he drew money for her after that. The note was for money he drew for her on account of the child.

(Top of the page is not printed. Sounds as if it is from Catherine, wife of Philip)

(unknown), my daughter and my husband were not together a short time before he died to settle every thing. It had been done before. I and they and Amanda were not present in the kitchen settling matters. My daughter got a note. He said "now I give you this note, it fixes all, I won't give you anything more." He said he would not raise the child for nothing. He said nothing more. Don't recollect what Catherine said. It was a few years before he died. The old man bought most of the clothes for the child. She worked for the old man as long as she was there when she was able. She was a good deal sick. Catharine also worked for her father-sometimes she worked out. Don't know my daughters age, when she was married, nor how long. The old man got most of the money when she worked out, and gave it to her again. He owed it to her. I was present when the old man gave her the note. This is the note of which I speak, the amount $25.00. The last time I speak of is the time this note was settled off. They called it square. The year before he died, I think. I can't remember that he said it in the presence of Amanda to Catherine that he was now $99.50 in debt to her. Did not hear him say at anytime afterward that he owed Catherine money. Don't know (does this go on to another page??)

And marked B( shown)-knew Philip Yerger 35 years-lived a mile or so off-Saw him write (sic) often. This is not his handwriting-nothing on it that looks like it. The ink is the same-blue ink-all one handwriting below and above the line-

The administrator had a good deal of trouble in settling a good many small bills (of credit?)

Ques-From what you know of the trouble they had in settling up what do you think a fair compensation would be?

Answer-They had a good deal of trouble, and a good many troubles over circumstances connected with it. A couple of hundred dollars, two hundred dollars they ought to have anyhow. I would not have had the trouble they had for less. I have helped to settle a good many estates.

It costs a good deal to take apples to Pottsville, two days for a trip-- They were worth in the neighborhood from 25 to 50 cents per bushel. They would have to bring a dollar in Pottsville to pay for taking them there. Worth in the whole by the bushel off the trees, 25 cents per bushel. The last two or three years the apples were poor. May have been a hundred bushels of all kinds good and bad-worth on an average 20 cents per bushel.

now, and Solomon should have the other - the ( appears to be Morgan, crossed out) belonged to the old man-

William is a stone mason. Philip Yerger built an addition to his house in the last year of his life, part stone work and part brick work. The front -length 6 ft 6 in Depth 20 ft - two storys out of ground, with a basement 6 ft 6 inches from floor to floor, 1st story 8 ft 11 inches from floor to floor-2nd story 9 ft. 2 inches from floor to floor--- old man told me William did the mason work and the plastering inside and outside. I made a calculation for the mason work according to rule and it amounted to $73.54 = 62 cts per perch. Plastering and other work $12.00 = Afterward I and another man a mason calculated about $75.00 for the whole work.

Know (now?) the bees, when I saw them they were bad - 3 or 4 hives were dead-others full of worms-worth about 6 or 7 dollars hives and bees.

The young pigs were not there when we appraised. For the best they got a dollar, and for the others less-

XI mean we appraised all the work viz masonry and plastering at $75.00. Yerger said Potteiger helped as ass (assistant?)

father told him to do it, he should be doubly paid, William did all the stone and Brick work and plastering. Can't say how much it came to. He worked for wages. He was single. Mother took the bees at the first appraisal, they afterwards died-The hives were not worth much-can't say they were worth a dollar-The colts belonged one to William and one to me.-Father gave them to us in his lifetime, and we owned them inhis lifetime (objected to by Wm. Boyer) We paid the covering and altering. The hay was used up on the farm and did not reach-had to buy hay. The buffalo yoke belonged to me. I traded(?) it from Blast(?). The harness was my brother's, he bought it Yeager's in Bennsville (?)-the fly net also - I owned a saw, an axe-I owned of the tools and implements with which they seek to charge the "Adress"(?) The second crop was fed during that summer-My brother had much trouble in settling up the estate. I am one of the heirs. They took the apples over to Pottsville and sold them, troublesome to take over-

X William worked at the house a long time, did not work at it regularly. He boarded at my fathers. He paid no board he always id other work for father, Potteiger helped William 4 1/2 days-Jacob Haeffer worked a few days-Father paid Haeffer--- Potteiger is not paid yet. He sued the estate for his wages-Don't know that the (end of page)

that year-There was a looking glass in the house, cabbage cutter, flax a few bundles--- not worth much-4 flax machine worth nothing, sold for 3 cents a piece, 2 grain cradles-1 belonged to me-other worth 25 cents--- Sausage stuffer worth 6 cents--- chickens 10 or 12-10 cts or 12 cts each. Old man did not get any money in shortly before his death that I know of---

I know that William lent money to father, $10.00 my father got from Sweiger who owed William-- $50.00 William loaned him during haymaking in 1858. Father told him to write it in his book. $5.00 when William was working at the hosue, that was for tax-He owed him this when he died as much as I know. I lived at hosue and knew all about my father's affairs. I and my brother worked there afater my father's death on the farm. He worked as much as I did-William worked 8 or 9 days in haymaking, about the same in harvest, the wages were 75 cents per day, he kept an account of it in this book-took 6 days hauling grain home, he ploughed and harvested the land for seeding - we took 6or 7 bushels of wheat which was appraised and belonged to mother for seeding-he worked and put it down in his book. I saw him -

XX The work done was in haymaking, harvest, ploughing (etc?).can't say how much wheat we took into the barn - it made about 30 bushels--- made the straw into manure - can't say how much rye --- about 50 bushels - 40 or 50 bushels of oats --- 15 or 20 bushels of corn--- These were apples, but not many--- sold some in Pottsville 50 cts to a dollar bushel.

none (?) was in haymaking and harvesting the grain appraised to the widow, the other work was in preparing the ground and putting out the seed in the fall--- all done before the land was accepted in the Orphan's Court. We could have from two to four loads from the field in a day.

I bought 4 pigs-for two I gave a dollar a pair (?) and for two 37 1/2 (cts?) each-I saw the wheat in the barn--- it was middling--- there was rye in the same field-the whole field about 3 1/4 acres.

I know that Solomon lent father at one time $20.00 in silver, at another time $5.00 about 3 or 4 years back. Don't know that he ever paid him back Often heard Solomon ask for it and he paid him the interest.

X about a month or two before he died, heard Solomon ask him for it. Aksed him for $25.00, father also said that was the amount.

I know that Solomon lent my husband $25.00, he was to pay interest but he never got principal or interest, about 3 or 4 years before his death--- William lent him money at one time $50.00, then $10,00-He promised to pay interest--- He did not pay the boys in his life time. The two boys did the work on the farm after decedent's death.

The book account of Solomon is entered as evidence. The Auditor seems to have allowed most of Solomon's bills. Copies of some of the notes are in German (and I can't read them! If they are in Philip's hand writing, he had very good handwriting! William Pottienger has a list of "bills (?) written in German dating 1847-1851. Pottienger couldn't write, signed with an X

William and Catharine (widow) filed as administrators of Philips estate in Orphan's Court 31Oct 1861. On 19 December the court appointed John A Banks to audit the estate.

(All of the Yerger men can sign their names, at least. None of the women are able to do this and sign with an X)

(I am missing the top part of the papers ordering William and Catherine Yerger to appear in Court in Reading on 4 November 1861 to make a settlement of Philip's property. From what I can see, Catherine is called a minor daughter of Philip. Was she under the age of 21?)

The Orphans Court of 20 December 1860 ordered the property be sold to William and Solomon Yerger for $3220.00 to hold the land in common. They are to pay Catherine, the widow, the interest on 1/3 of the price of the land and the other 2/3 is to be divided equally among the heirs.

William and Catharine Potteinger offered $580 more than the above price for the property on 20 Dec 1860.

An Affidavit shows that Benneville Yerger was living in Seneca County, Ohio at this time.

I worked in the well. Old Phillip Yerger employed me to work at it, in the summer of 1860. I worked at it during his life time. I was to get 87 1/2 cents per day and found (?), I got my boarding at John Althouse's. The old man gave me money on account in his lifetime. After his death the Auditors paid me the balance. I gave a receipt for the balance to the Auditors. X All my work there at the well was in the lifetime of Philip Yerger, John Althouse lived on the property.

"On the day on which they commenced working at the well I had a conversation with Philip Yerger. He asked me to go with him to select a place for a new well. The workmen were there on the ground

He would rent the property and draw the rents and would pay for repairs. He said the workmen should commence working at the place we selected for the well. Solomon Yerger owned this place since 1857. The understanding between Solomon and the old man was that the old man was to draw the rents and pay for the repairs. Solomon was single and lived with and worked for his father.

2nd Testimony taken by William Boyer on behalf of the "exceptant" (word hard to read)

I bought a mare from Catharine Yerger on the 17th of April 1861. I paid $40.00 for it. I had it until the fall of 1861. I took it there when the second widow's appraisement was made. The appraiser appraised the mare on that day. I took her along home again. She had a colt while I had her, before the second appraisement. I did not take the colt along. They said I need not bring it. The colt was worth about $25.00. When I bought the mare, you could just see that she was with foal. She was not so serviceable on this account, before she had the colt and after. They thought she was with colt when I bought her.

Philip Yerger is buried on St. Thomas Church Cemetery. His tombstone inscription is:

Hier ruhet
PHILIP YERGER
Geboren 12 September 1791
Starb 16 Juni 1860
Alt 68-9-4

Solomon, son of Philip YERGER and Catharina Weber, buried at St Thomas Union Church records, Bernville. Solomon's tombstone inscription is:

Catharina Yerger Potteiger, daughter of Philip Yerger and Catharina Weber and wife of William Potteiger is buried in the old cemetery at Fairview Cemetery in Mohrsville. Her tombstone inscription is in German. She was born Apr. 2, 1818 and died Jul. 17, 1885.

Total estate value	$3951.50
Less bills owed	716.84
Balance for distribution	$3234.66