1826: Amity Township, Berks County, PA
Died: June 1, 1826
Estate Petition of Jan 29, 1858
Filed, Montgomery Co., PA E.B. 13, page 179
Executor: Peter MOSER
To the Honorable the Judges of the Orphan's Court of Montgomery County: - The Petition of Peter MOSER surviving Executor and Trustee of the last Will and Testament of Peter MOSER the elder, late of Amity Township, Berks County, deceased, Respectfully represents.
That the said Peter MOSER died in the said Township of Amity on or about the 1st day of June A.D. 1826, leaving a last Will and Testament, bearing date the 19th day of Dec. A.D. 1825, and shortly after duly proven before the Register of the said County of Berks, wherein he devised among other things as follows, viz: -
"Item 7th. I do order that the remainder and residue of my personal estate, I bequeath to my twelve children or to their heirs, namely, of my sons, John, Henry, Peter, Jacob, and George, viz - of my daughters, Anna Maria intermarried with Jacob GEIGER, Catharine intermarried with Daniel PILE, Hannah inter- married formerly with George WEIDNER, both deceased, Margaret intermarried with Leonard NEIDING, Elizabeth intermarried with Peter YOCUM, Anna inter- married with Adam EGOLF, Lydia intermarried with George PRUNER in share and share alike, to be paid to them as soon as it can be collected after my death or to their surviving heirs, except the shares of my daughters Catharine, Elizabeth, Lydia and Margaret to be left in the hands of my Executors to be put out on interest if they can put it out where they know it to be safe, the interest to be paid yearly to my four daughters, namely Catharine, Elizabeth, Lydia and Margaret, but my Executors are not compelled to put it out unless they know it to be safe, and if my four daughters should by sickness or otherwise come to want, in that case they are to have what my Executors think their wants require from their principal and their shares after their death, if any left, to be paid to their heirs in share and share alike together with interest if any there should be, or provided that my Executors should see proper to take over-plus money that may come to my four daughters shares, namely Catharine, Elizabeth, Lydia and Margaret, to lay it out in land or Real estate for the benefit of said daughters for them to have the products off of such property during their lives separately, he shall be at liberty so to do; and after their or either of their deaths such property or estates to be left to their heirs share and share alike" and of his said will appointed your petitioner and Henry MOSER, Executors to whom letters testamentary were in due form of law committed by the Register of said County of Berks, which will your Petitioner prays may be taken as a part of this his petition. ---
That the said Henry MOSER died on or about the first day of June A. D. 1841 leaving your Petitioner the surviving Executor and Trustee under said will -
That in pursuance of the power vested in them by said will the said Executors did on the tenth day of April A. D. 1830 lay out or invest in Real Estate, a part of the share of the said Elizabeth in said Estate, that the Real estate in which the same was invested as aforesaid was conveyed to them in fee simple by Deed from John LIEBENGUTH and wife, Joseph LIEBENGUTH, Peter LIEBENGUTH, Jacob BICKEL and Mary his wife, and Ludwig BICKEL and Catharine his wife, dated the 10th day of April A. D.1830 and Recorded in said County of Montgomery in Deed Book No. 4b, p.289 Vc.-and is as follows, viz -
All that certain messuage, tenement and Eight lots of Ground situate in the Borough of Pottstown, Montgomery County aforesaid and being contiguous and adjoining each other and bounded by Chestnut Street and Walnut Street, containing each Sixty feet in front and three hundred feet in depth and marked and numbered in the Plan of said Borough No. 71, 72, 73, 74, 75, 76, 77, and 78 - In Trust, nevertheless for the sole and separate use of Elizabeth YOCUM, wife of Peter YOCUM, during her life, and after her decease for the use of her heirs and assigns forever, agreeably to the provisions of the last Will and Testament of Peter MOSER the elder, as proved in the Register's Office at Reading in Berks County and with liberty to the said Henry MOSER and Peter MOSER or the survivor of them in fulfilling the Trust of said will to sell the whole or any part of the above mentioned lots and apply the proceeds to the use of the said Elizabeth YOCUM, or to invest in land or secure the money in any other way as the said Henry and Peter or the survivor of them may think expedient - as by reference to said Deed will more fully and at large appear and which Deed your Petitioner prays may be taken as a part of this Petition ---
Your Petitioner further represents that the said Peter MOSER as surviving Executor of the said Peter MOSER the elder deceased and trustee of the said Elizabeth YOCUM did on the 20th day of January A.D. 1854, execute and deliver to Jacob HILBERT of the Borough of Pottstown a Deed in fee simple for the above mentioned and described premises. Which Deed was on the 21st day of February A.D. 1854 duly recorded in the Recorder's Office at Norristown in Deed Book No. 90 page 92 Vc. and which your Petitioner prays may be taken as a part of this Petition - That the said Sale and Conveyance to the said Jacob HILBERT was bone fide and the consideration money paid or secured by him for the said premises, was the full value thereof, and was in all respects a fair and advantageous sale to the said Trust estate and was such a sale as the said court would have ordered and decreed to be made as it would have been and is to the interest and advantage of all those interested in the same.
Your Petitioner further represents, that the said Jacob HILBERT after the said Conveyance was made to him as aforesaid sold off and conveyed portions of said premises, to wit, - To Jonas SMITH by Deed dated April 30th, 1855 and Recorded in Deed Book No. 98, page 179 VC. and also to John C. SMITH and Henry SHOUGHTER [?], by Deed dated April 9th, 1855 and Recorded in Deed Book No. 97, page 367 Vc. both of which Deeds are made a part of this Petition ---
Your Petitioner further represents that it is the opinion of Counsel learned in the Law, that the Title so made as aforesaid to the said Jacob HILBET for said premises is not perfect and complete and that the same is not a good and merchantable one in as much as it appears by the terms of the said will and deed to said Executors and Trustees, that if the said Executors should think proper as they did as aforesaid to invest the share of said Elizabeth in said testators estate, in land, that then and in that case the products of said land should go to the said Elizabeth during life and after her death such property or estate remaining, to be left to the heirs share and share alike, so that the heirs of the said Elizabeth might upon certain contingencies take the said Real estate into their possession in fee simple after the decease of the said Elizabeth, and in order to remedy said defect as well as any other that there may be in said title this application is now made to your honors. -
Your Petitioner therefore prays said court that as the said sale and conveyance was made to the said Jacob HILBERT without the leave of said court and as the same was such a sale as the said court might have authorized, you Petitioner now prays said Court to approve, ratify and confirm the said sale and convey- ance made to the said Jacob HILBERT as aforesaid, as also to all those to whom portions of said premises have since been sold and conveyed as aforesaid with the same effect as if such decree had preceded such sale or sales., Conveyance or Conveyances, to them, and that the titles made or to be made for said premises or portions thereof shall be good and complete titles in fee simple, and to make such other or further order and decree in the premises as the said Court shall think proper. And he will pray -
Signed: Peter MOSER
Montour County, SS
Peter MOSER the Petitioner above named, being duly sworn according to Law says that the above Petition and the matters therein stated are true and correct to the best of his knowledge and belief. Sworn and Subscribed before me one of the associate Judges of Montour County, this twenty-sixth day of January A.D. 1858
Signed: Joseph DEAN
Statement signed: Peter MOSER
Montgomery Watchman, Advertisement as ordered by the Montgomery County Orphans Court, Feb 26, 1858.
NOTICE - February 2nd, 9th, 16th, and 23rd, 1858
Montgomery Watchman, Montgomery, County SS
At a special Orphans' Court held at Norristown in and for said county, in the commonwealth of Pennsylvania on the 29th day of January, A.D., 1858, before the Hon. Daniel M. SMYSER, President and his Associate Judges of the same Court, the petition of Peter MOSER, surviving Executor and Trustee of the last will and testament of Peter MOSER, late of Berks County, deceased was presented, praying the Court to approve, ratify, and confirm a certain sale and conveyance heretofore made to Jacob HILBERT, as also to all those to whom part one of the premises, hereinafter mentioned have since been sold and conveyed, to have the same effect as is such decree had preceded such sale, or sales, conveyance or conveyances, to them and that titles made or to be made for said premises or portions thereof, shall be good and complete titles in fee simple, said premises being all that certain messuage, tenement and eight lots of ground situated in the Borough of Pottstown Montgomery County aforesaid and being contiguous and adjoining each other, and bounded by Chestnut Street and Walnut Street, containing each 60 feet in front and 300 feet in depth and marked and numbered in the plan of the said Borough, Nos. 71, 72, 73, 74, 75, 76, 77, and 78.
Where upon, the Court upon hearing said petition read and duly considering the same on motion of James BOYD, Esq, attorney for the petitioners, grant a rule on all the parties in interest, to show cause why the prayer of the petitioner should not be granted, returnable on the 1st day of March next, A.D. 1858 at 10 o'clock, a. m.
All persons interested in the above matter, will please take notice of the above, and appear at the said Court, in the Borough of Norristown, on the said 1st day of March, 1858, at 10 o'clock a.m. to show cause, if any they have, why the prayer of the above petition should not be granted ... by the Court.
E. B. MOORE, Clerk of O.C.
A.J. ASHENFELTER, being duly affirmed according to law, doth depose and say that he is the publisher of the Montgomery Watchman a newspaper published weekly in the Borough of Norristown in said County of Montgomery in the state of Pennsylvania and that the annexed notice in the matter of the rule upon the parties in interest in the Estate of Peter MOSER, late of Berks County deceased was published in said newspaper weekly for four successive weeks to wit, on the 2nd, 9th, 16th and 13rd day of February A.D. 1858.
Signed A.J. ASHENFELTER
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