Estate Record for Henry Schmeck

Surnames: Adams, Balthaser, Becker, Buskirk, Christman, Faust, Fick, Fies, Fritz, Gass, Gauby, Gottshall, Guldin, Haas, Hartman, Hawley, Heckman, Hill, Kinzey, Knoll, Laucks/Loucks, Leinbach, Leiss, Livingood, Lotz, Noll, Olinger, Rhoads, Schmeck, Schwartz, Shalter, Van Buskirk, Van Reed, Wanner, Weaver, Wentzel, Yoder, Young

Caveat

We John Schmeck and Henry Schmeck, the two eldest sons and interested in the estate of Henry Schmeck Sr. late of Alsace Township, Berks County, deceased do hereby caveat and protest against the probate of any last will and testament or instrument in the nature thereof being or pretending to be the testament and last will of the said Henry Schmeck dec until examination thereof in the proper court and the decree of the said court be therein pronounced.

Petition of Heirs

In the matter of the alleged last will and testament of Henry Schmeck, deceased,

John Schmeck being duly sworn doth depose and say that he is the eldest son of said Henry Schmeck dec'd, that as such he is one of the heirs of said deceased. That he now appears to assert on behalf of himself and others, next of kin and heirs, their legal right as such. That he verily believes that the said Henry Schmeck, the decedent was not of a sound and disposing mind competent to make a valid will and testament and that undue influence was used in procuring the execution of the said alleged last will and testament.

That the deponent has taken an appeal to the Register's Court with a view that said court shall at this request direct a precept for an issue to the Court of Common Pleas of the County of Berks to try the validity of said alleged last will and testament.

Jonas Christman's Claim

I came home in 1862. Henry Schmeck was living there with my father, Jonas Christman. I am a daughter of Christman. He was there three months that I know. He was there from New Year to the spring of that year. He was troublesome. My father had to shave him and wash him and my mother had to wait on him - to carry out everything. He ate at my father's table.

X Mayor Young asks: [It seems Mayor Young asked a question. The question was not recorded, only Mary's answer. This pattern continues throughout the record of the testimony.]

In that year while Henry Schmeck was at my father's my mother did not live, but my step mother lived there - My father at that time, lived on Henry Schmeck's land. I can't say that John Schmeck lived on Henry Schmeck's land then or that he send things there.

My grandfather Henry Schmeck lived with my father Jonas Christman from New Year till Spring - can't remember the year. I can't say how long before he died. It was for 3 or 4 months. He was troublesome. They had to shave him. Mother washed him and waited on him. He used to have a spell sometimes. He was there a second time, can't say how long ago. He was there a month or two then.

I am a daughter of Jonas Christman. Henry Schmeck was my grandfather. My father lived in Schmeck's house at the time Schmeck was with my father. He had his home with my father. I was not home at all this time. I can't say whether he was there all the time. John Schmeck, a son of Henry Schmeck lived there at the same time on this land. I don't know whether Henry Schmeck was at John Schmeck's any of the time. I can't say that Henry Schmeck's children sent eatables there for the old man to eat - don't know that. I don't know whether my father lived pretty much from old Henry Schmeck during that time. My father lived on the top a Spring house. The spring house was in the yard of the old man's house. I think the old man slept at my father's house. I can't say that for sure. I can't say that he ate there every day or less often. In that year from New Year to spring I can't say how often I was at home. I lived away about three miles. When I went to my father's I always went to my home the same day - I can't say that I saw him but six times during that time.

Jonas Christman called by W. H. Livingood for claim - Young & Laucks for exceptants and Jacob S. Livingood for accountant object to the examination of the witness on the grounds of his incompetency - he being the party claimant against the estate of a dead man. The auditor decides to hear the testimony subject to the exception whereupon -

I had Henry Schmeck in my board in the year 1862 from New Year to Spring. I and my wife waited on him. He could help himself sometimes. He was afflicted with liver complaint (_______ [German translation?]) My wife had to wait on him and had to empty his chamber vessels by day and night. She washed and dressed him. I shaved him sometimes. Valentine shaved him often. When he was not there, I did it. He said I should be paid and not do it for nothing. I asked him for money. He said he had nothing but gold. That he was not willing to give. In 1866 he came to me again. Then I had kept him again one month and a half. I should have $20 a month $90 in all, for this. We had no bargain at all except he said I should take him. This was in the time when everything was high. Then I asked him for money and he said he had nothing but gold.

I lived on Henry Schmeck's land at the time. It was a large farm - perhaps 180 acres. I lived there about five years - lived there twice - had moved away and then moved back. He had rented the farm to his boys. John Schmeck lived in the big house when the old man was with me the first time. John is a son of Henry. The house I lived in was a few perches away from the big house. The old man went about the yard and also in to the big house, but not often. He had his chamber up there. I don't know that the old man ate with John during that time. John's sent things down for him but the old man would not eat it- he would throw it away. At other times Schmeck's children kept him, John kept him long. - The others too - In the winter he went away sometimes. I don't know that he lived at Gauby's or Haas's. John sent eatables there for him during the winter but the old man would not eat it.

(wood question)

I cut wood on Henry Schmeck's land, this winter three years ago I think. I cut as it suited me - began in the fall, say in November, Schmeck lived then yet - can't say exactly how long it took me - from fall till spring after year, (Book shown) This is the book into which I entered the chopping. As soon as any was cut I made the entry. The entries are for rails, posts, &c. The rails were centered as soon as made. I have entered 977 rails. I made 1177 posts, 86 ¼ cords of wood. It gave some saw logs. I can't say how many. There might have been ten, twelve, more or less saw logs. Hickory and the like was sawed. I got two cents and a half per post, $1.00 for rails, 65 cents per cord of wood. Valentine Schmeck paid me for cutting this wood. Valentine lived on farm at that time as tenant. I think so. Henry Schmeck was the owner. He lived with Valentine - boarded with him. I know when old man died - it was May 16, 1869. I lived less than 300 yds from one of the chaps - probably 500 yds from the other tract. I stripped bark in Maidencreek for Adam Leiss - came home every week - When old Mr. Schmeck died some of the rails and wood were there. I can't say how much, but I helped to measure it over after Valentine's death. The old man died about four weeks after Valentine. After Valentine's death there 30 cords ___ more or less - of wood - I did not make a note of it. There were rails and posts there yet - lay there - don't think half - something less than half. The first tract was more than second and the first was [can't read last line on this page]. . . Second tract. Young had taken 230 rails away of second tract. I had to go into dividend in Valentine's Estate. Young took 25 posts away of second tract. There were some posts lying on first tract. This cord wood was there yet except what Louisa Schmeck used after the old man's death. Between the death of Valentine and the death of the old man little wood was used. Louisa, Valentine's widow remained living there till next spring after - used wood after old man's death. Valentine had the two tracts on which I chopped in __________ [a place name?] Can't say how long Valentine had the two tracts in _________ [the same place name]. He had lived there three times, can't say how long last time - think two years - can't say particularly.

Valentine Schmeck had engaged me to cut this wood. I went there to their house, Valentine and the old man were together and Valentine asked the old man where to cut. Then the old man said you can cut wherever you please it is yours. I don't concern myself much about it any more. Then Valentine said to old man, I thought I would cut along the road where the wood is failing. The old man said I believe I would do so too. At the same time, the old man said Valentine there is a white oak tree down in the hollow the lightning struck it once, if I were you I would turn that tree into money or it will spoil for you. There were other things said which I don't know right now, can't recollect now.

Question, what was said by Valentine Schmeck and Augustus Young about these posts and rails bought by Young?

Objected to on the ground that the declarations of Valentine Schmeck are not evidence against the estate of Henry Schmeck unless made in his presence.

When I was cutting wood Young was there. Re-examined. The old man and Valentine had the conversation about cutting the wood 3 or 4 years ago. If I am right it was 3 years last fall. The wood was all cut in the old man's life time - the winter before he died.

This conversation was before I cut first piece of the wood. This was not the last fall before the old man died. It was longer - perhaps two years before he died.

I sawed the logs cut on the land of which Noll spoke. I can't say when, but it was in the spring after he had cut them. Can't say how many logs, There were more logs than those in Chopping. There were others made elsewhere in the woods - it was sawed at my father's saw mill. The logs were white oak, black oak, chestnut as is usual. There some pretty big logs - some small - some were of the largest - as logs usually run from one foot in diameter to over two feet. Some 10 ft. long, others longer, Valentine hauled the wood away with his team. I have the account here of the sawing. I sawed 6570 feet of logs. There was some there yet when sawing was paid - there was some there when Valentine paid it. Esq. Van Buskirk was there once after Valentine's death. After old man's death. Buskirk gave verbal notice that the wood belonged to Franklin Schmeck, that he had bought it with the plantation and it belonged to it. He said we should not give it up before it was paid for. I think Franklin Schmeck was by.

Re-examined - There was some lumber there yet - after the old man died - There was a little due on it yet for sawing. Don't know who hauled it away. I was not there.

I gave notice to Foust about wood. It was shortly after the old man's death. - can't say exactly what time - verbal notice. It told him that I claimed the lot of oak lumber there as guardian of Franklin Schmeck lumber at saw mill. Can't say how much it was. Lewis Leinbach took part of it away. I gave orders to Franklin Schmeck to sell the balance. I think Frank told me he sold some it [sic] and the balance he took upon his farm. There was a deed made by the old man to Frank Schmeck for that farm. Perhaps one month before his death - perhaps longer. Valentine was dead when the deed was made. It think the deed was delivered to Frank before the old man's death. I am pretty certain of this because he gave the old man a bond for the consideration money he was to pay out.

I don't know exactly how much wood was cut remaining on this farm after the old man's death. After his death there were about 30 cords sitting there - pretty good wood - wood then sold on a farm in that neighborhood at $2.00 per cord. I saw rails and posts there - rails 300 or more, didn't count. Rails sold at $6 to $8. These might have brought $7 per hundred. There might have been 3 to 400 posts after the old man's death. There were more there before old man's death. There are some of them there yet - Frank used some of them on the farm since the old man's death.. Posts like these sell from 10 to 18 cents per post - the average price for these might have been 12 cents. Valentine Schmeck lived on the farm about two yrs up to time of his death and his widow about a year after the old man's death. Valentine had lived there before his time, I think only one year intervened between the times. He lived there three times, John lived there one year and Washington perhaps one year in the intervals . The last time Valentine lived there farm would have brought $500 or upwards for rent. The other time before the place might have rented for $400 a year - rents lower then.

When the deed was delivered by Henry Schmeck to Franklin Schmeck and the bond executed for the purchase money, Henry Schmeck said to his son Franklin to go out and tell Benjamin Shalter and Faust at the saw mill that they should not appraise an of the wood on the farm and at the saw mill that it belonged to Frank. Benjamin Shalter was then administrator of Valentine Schmeck, deceased. The bond which Frank gave was $12000. There was no written agreement for the sale. The bond was given for the farm - the wood that was on it and at the saw mills. The bond was given in presence of myself, I think Frank and Washington Schmeck. This saw mill was at Fousts. There was another saw mill further down where there was wood - the wood was at these two saw mills. This was a month or two after Valentine's death. This conversation took place at the time the deed and bond were executed and delivered. The last will and testament was all executed about the same time.

Valentine Schmeck paid only a part of my bill for sawing. He had only paid for the sawed lumber he took away from my mill and that not quite. The balance of my bill Daniel Buskirk the ____ paid.

I was admin of the estate of Valentine Schmeck and I went over the place at one time to count the rails and look at the wood. At that time I estimated the cut wood at 70 to 72 cords, more or less. I saw rails. I estimated the rails at 600. The posts were 5 to 600. I could not estimate exactly how much wood, rails and posts - Some of the wood was quite good - some not so good. I sold wood at that time at $1.85 per cord, the wages for chopping to be deducted. The rails, some would have brought $9 per hundred - some only $6. The post were also different in character. I did not look for logs. I did not convert this wood into money for Valentine's estate. I sold such posts for from 15 to 18 cts per post. This was about the time the old man died. I had claimed this wood for Valentine's estate, or at least the amount of expenses paid for cutting & hauling. Frank Schmeck came when I went to appraise and notified me that he was sent by old man Schmeck who claimed this wood - warned me not to appraise and that the old man claimed the half of the woodcuts (?) of the farm for rent. He farmed one year yet in Valentine's name. Then I said who will pay for the expenses of chopping the wood and hauling to saw mill. He said it would be paid. He warned me in the name of the old man not to appraise. He said he would then be satisfied, that is the old man would not make the claim for the balance against Valentine's estate. He said if I would have the wood and give half the woodcuts (?) the old man would make no further claim.

X Henry Schmeck was living at this time. It was when we went to appraise. I am not certain as to the quantity of wood, rails and posts. I surely ____ at it, but am not far out of the way. There was a fence at the sprouts (?). I did not count those rails. The year I acted as administrator we farmed for the shares. How he farmed before I don't know. I gave half of wheat, corn, oats and rye. Frank Schmeck got the share. Frank had bought the place. He said with everything on - wood and all. The understanding was if I would not appraise the wood, rails and posts the old man would make no further claim against Valentine. Frank paid me the expense.

I had a conversation with Franklin Schmeck about money that he had from the old man. Frank said to me Henry came to ask him Frank Schmeck how much money was there. Frank sd (sic) he said to him there is a bond here against me of $1200.00 and against you Henry, two notes - I don't remember the amount. Henry he said contended that he had paid his indebted up to old man. This conversation was at my house.

Recalled - I think I spoke about this matter with hr Gauby in Daniel Hartman's cornfield. I can't recall what I said.

I had $500 from my father. When he gave it to me, he said, this I give you in place of cows and horses which I give to the others. It was when I commenced house keeping. It may be 3 to 4 years ago now. Can't say exactly. It will be 3 yrs this spring I think. He asked me no paper when he presented it to me. When Valentine moved over the last time to the farm I didn't want to go along. He said if I would go along he would buy me a horse. I went along then. He gave me $200 to buy a horse and I bought the horse myself. He asked me no paper. He said I will give you money to buy yourself a horse. I paid $400 for horse and buggy the $200 was part pay for it. When he gave me the $500 he said he would give it to me in place of the outfit he gave the others. He didn't say what he gave the others. I didn't say to anyone that I had given the old man a note and he gave it back to me. I didn't say to anyone I had given him a note for $200 for this he returned me the note. I think I spoke about these things to Valentine Hartman as I say it here. I may have said these things to different persons one hundred times. But I never said I owed it to him - he gave me some ___ things yet. Harry Schmeck asked me once how much money was here and I told him the truth. I told him too that there was a note or bond there against him. He said he had paid it - one paper I think for $100 - the other for $50. I saw these papers near the time of the old man's death. He showed me the papers. He said all the children had injured him. He had thought he would give none anything but he would now forgive the injuries and make everything right.

The $500 and the $200 given me by the old man were gifts. I never promised to pay it back and he never asked me to give it back.

In 1869, I think it was, I hauled lime over. Got the lime at Jacob Gass's kiln. I put it on Henry Schmeck's farm. I can't say exactly how many bushels of lime it was. It may have been 170 or 200 bus. or more can't say for sure. I hauled all the lime that was hauled from Jacob Gass's. It was the same spring that Henry Schmeck died. I am sure now it was in 1869.

By the auditor, I was hired man of Valentine Schmeck. Valentine was still living - but not long after I fetched the last lime. Valentine ordered me to haul the lime.

I am the executor of this estate. I charged in the account $450 as compensation in this estate. I will charge what I can get. I had no bargain to do it for $250. There was a contest about the will at first. Those that were against the will at first as counsel were Becker and it was said Loucks. I did not say to Becker that I would act as executor for $250. I knew that rails and posts were on the farm. I never looked at the wood. I got the old man's papers at his death. I was present when the old man had sold the farm with the wood and everything that was on it and then never looked at it again because I thought I had no right with it. Valentine lived on the farm at that time. That sale was made four-five weeks I think before the old man died. The farm was carried on from the sale until after the old man's death. I found no papers against Frank Schmeck nor charges in the books, except bond of $12000. My bond was $3000. Harry's bond and note were there. I know nothing that the old man had given Frank other money than he testified. I know that he had given Frank $500 about two years before his death. I owed him the money and paid it to him when father gave it to Frank. The old man and Frank were at Valentine's. The old man was in bed in the evening when I brought the money. I counted it on the bed. He said he would give it to Frank. I should give it to Frank. Frank took the money and father said we will fix that once. I don't know that Frank afterwards got $200 except what I heard Frank testify here. I don't know of any bargain between Valentine and father. I had lived on the farm I think the farm would have brought $350 to $400 rent. Valentine lived there in all 6 to 7 years. The last time Valentine lived there was 3 yrs up to the time his widow left there. I could find no agreement with Valentine and never tried to collect rent, because I knew no bargain. After he had given Frank the deed for the farm he had said to him now it was his. He could do with it what he pleased. This was 4 to 5 weeks before father's death. There was trouble about the will at first. Others had put the will in Court and then took it out again. I may have spoken to others about taking up the contest about will. I don't know that Becker and I made bargain for $250. I spoke with Becker about will , but not about compensation.

X I ask 5 pr. ct. compensation if I can get it I fussed around with this estate for 2 yrs and think I am entitled to it. When my father sold the farm to Frank, he sold him with the farm all posts, rails and saw longs on the farm and also what was at the saw mill. The old man in speaking of Valentine said if he would count up everything against Valentine he was largely indebted to himself but, he would present him all in God's name.

Re-ex - Soon after Valentines death the old man said that Valentine had spent so much money and got him out of much, that he had forgiven the debt in God's name.

I had no conversation with Henry Schmeck in regard to the wood on the farm except at the time the deed to Franklin was executed. Then he said he sold to Frank the farm and all the loose timber, rails, posts, logs and saw'd wood at the saw mills. The old man told Frank to give order to Benjamin Shalter, Admin of Valentine Schmeck, deceased, not to appraise any of this timber. The old man told me that Valentine Schmeck had run through with about $5000 of his money. At the time the will was made, he gave a full share to the children of Valentine Schmeck and I asked then how it was about the claims he had against Valentine. As near as I can remember he said Valentine run through with the money mentioned, but his children were not to suffer on that account. I think the old man made an expression when Washington Schmeck was present that what Valentine had, he might keep in God's name.

The old man said he had advanced money to Valentine. I remember distinctly an amount of some $800 to have been mentioned. He told me he had lost so much money through his son Valentine. The $800 were gold and silver to have been exchanged in Philadelphia and then Valentine had kept all.

I wrote that name (shown Note dated Alsace, April 1, 1859 for $50 with legal interest payable first of April 1860). I never paid this note to the old man but I worked for it and so it remained. I earned off the whole note by working for it.

I wrote my name to this bond (shown bond date Jan 19, 1859 for $100 with int.) I paid no money on this bond. I paid no money on bond nor on the note. I worked for father and he said it should be all right after his death. When I did this work my father farmed this plantation himself. Farm was not rented then. He lived in the plantation devised to Franklin. This was in the year 1857. I did the work there then. I got the boarding there, he said I was to have $.75 per day and boarding for doing farm work. I worked as day laborer. I worked in 1857. Daniel Laucks drew up this bill for me. Daniel Loucks is a good esquire. I worked 175 days labor 1857. In 1858 I worked 175 days. In 1859 I worked 180 days. In 1859 I sold him fifteen apple trees of my own raising for $.50 a piece. I sold him 19 lbs veal at $.20 per lb. He said I should just work. It would come all right. He never demanded payment of principal or interest on note and bond. He told me I should bring in my claim after his death and I should receive what I was entitled to. The old man owed me the $408.50 at the time of this death. The bond and note must be deducted from my acct and the balance he owes me.

The above testimony elicited on cross examination is objected to generally by hr Loucks

I can't say when Daniel Loucks made out this bill for me. Can't say whether it is a year or longer. Can't say what time of the year. I remembered then how many days I worked. I gave Loucks the days from my memory. I had the bill drawn up since the death of my father. I had taken an account of the days I had worked, but could not find, I worked up an amount as well as I could. I saw my account made on sheets of paper after the old man lay dead. I could not find those accounts when I had the bill made out. I had kept accounts against other people in the same way. I had no other accounts on the same sheet on which I kept the account against the old man. I had worked for the old man before this in the account. I can prove with witnesses that I had worked.

My father on the plantation since devised to me, can't just say whether in 1857, 1858 and `859 Henry Schmeck worked there that my father farmed yet. I can recollect that my father brought apple trees over from Henry's. I don't know how much Henry was to be paid per day. (above objected to) X I can't say what year Henry worked there for my father. All I remember is that he worked there when my father farmed.

I know that Henry worked for my father, can't tell the year nor how long a time.

Valentine Hartman, Guardian of Franklin Schmeck, one of the children and heirs at law of Polly Schmeck (wife of Henry Schmeck) late of the township of Alsace in the county of Berks deceased, in account with the estate of the said Franklin Schmeck.

Petition of Daniel Buskirk

1869
Petition of Daniel
Buskirk, Guardian of the
person and estate of
Franklin H. Schmeck,
a minor, for the sale of
real estate.
Filed Sept 6, 1869

The petition of Daniel Buskirk, Guardian of the persona and estate of Franklin H. Schmeck, a minor child over the age of fourteen years, of Henry Schmeck, late of the township of Alsace, in the county of Berks, deceased, Respectfully represents:

That the said minor is seized in his demesne as of fee, of and in a certain messuage or tenement, plantation and tract of land, situate in the township of Alsace, in the county of Berks, aforesaid, adjoining the lands of Daniel Gottshall, Benneville Knoll, Abraham Becker, Nathan Haas, Valentine Hartman, John Fies, Samuel Kinzey, and others containing two hundred and twenty one acres and ninety-six perches, more or less, with the appurtenances; that he acquired the said real estate by the last will and testament of the said Henry Schmeck, deceased, that the said real estate by said will is charged with the payment of the sum of twelve thousand dollars to the Executors named therein, to be distributed to and among the legatees in said will, as in and by said will, dated the Fifth day of May, AD one thousand eight hundred and sixty nine, duly admitted to probate and remaining in the office of the Register of Wills &c, for Berks County, at Reading, will more fully appear.

Your petitioner further represents that it would be to the interest and advantage of the said Franklin H. Schmeck, his ward, the said minor, that the same should be sold.

Your petitioner therefore prays the Court to order a sale or mortgage of such part or so much of said real estate as to the Court shall appear necessary.

Daniel Buskirk, the above named petitioner, being duly sworn according to law doth depose and say that the facts set forth in the foregoing petition, are true, to the best of his knowledge and belief.

Auditor's Report

S 1869
In the matter of the
Petition of Daniel
Buskirk guardian of
Franklin H. Schmeck
For an order to sell or
mortgage real estate
--------------------------------
Report of the Auditor
--------------------------------
Filed Oct 5th 1869

At an Orphans Court, held at Reading in and for the County of Berks, on the fifth day of October 1869 A.D. before the Hon. Henry Van Reed, President and his associates, Judges of said Court: It is ordered by the said court, after full investigation that Daniel Buskirk, Guardian of Franklin H. Schmeck, (first filing in the Office of the Clerk of this Court, a bond in the sum of Fifteen Thousand Two Hundred Dollars with Washington Schmeck of Ruscombmanor and Jacob Heckman of Alsace Townships in the County aforesaid, as his sureties, who are approved by the court, conditioned for the faithful application of the proceeds of such sale, according to his respective duties.) Do exp___ the following described Real Estate of said minor at Public Sale on the premises in the Township of Alsace aforesaid, to wit - A tract of wood and pasture land containing about eighty acres marked purpart A. on the annexed draft, and A tract of arable and pasture Land containing about thirty-eight Acres, marked on the annexed Draft purpart B. On Saturday the sixth day of November next at one o'clock P.M. on the following terms, to wit - Ten per cent of the purchase moneys to be paid down in cash on day of sale - and the balance of the purchase moneys on the first day of April next. Due notice of the said sale to be given according to the provisions of the fourth section of the act of Assembly passed the 18th day of April 1853, the guardian to be a_____ by the court., liberty to sell in the whole or in parts to suit purchasers,

I am sixty one years of age. I reside in Alsace Township, Berks County. I know Franklin H. Schmeck and am acquainted with the real estate which it is proposed to sell. I am a farmer. The land adjoins my farm. I have lived where I now live all my lifetime and have known Franklin H. Schmeck's land all this time. The land was devised to him by his father, Henry Schmeck. The whole tract of land contains about two hundred and twenty acres, of which about ninety acres are farmed land. The whole tract would rent for about five hundred Dollars a year. The taxes in Alsace Township are high. The buildings on the land are in good condition. About one hundred and twenty acres could be sold off to advantage. In my opinion it would be to the interest of Franklin H. Schmeck to make sale of so much of the land - The parts marked A and B on the draft hereto annexed could be sold off to advantage and it would be greatly to the advantage of Franklin H. Schmeck that these portions should be sold.

Under the will of Henry Schmeck the devisee, Franklin H. Schmeck is to pay twelve thousand Dollars for the land. I do not see how it would be possible for him to pay the interest of said sum, and the taxes out of the rents, issues and profits of the land. by selling the parts A. and B. I think he could retain the balance of the land. The buildings are all on the part marked C. on the draft, and no buildings on the parts A. and B.

The whole tract of land is worth about Fourteen thousand Dollars. By dividing it in the manner indicated in the draft and selling parts A. and B. the amount thus realized together with the value of part C. would be more than this amount. Part A. would sell for about four thousand eight hundred Dollars, and part B. for two thousand eight hundred Dollars, in all seven thousand six hundred Dollars. Part C. containing something over one hundred acres, with the buildings on it will be a good farm and large enough. Part A. is wood and pasture land. Part B. is mostly arable land - a small part of it being used for pasture. Part C. is nearly all good farm land. The income of part C alone, if properly managed, would be nearly as much as of the whole tract. Franklin H. Schmeck owns no property, real or personal, excepting this tract of land.

Henry Schmeck, the father of Franklin, was my brother-in-law. Franklin H. Schmeck will be twenty years of age on the eighteenth day of November next.

I am fifty-seven years of age. I reside in Alsace Township, Berks Co. I am a farmer. I have known the land devised by Henry Schmeck to his son Franklin all my lifetime. It adjoins my land. The whole tract would bring an annual rent of about Five hundred Dollars and one half of the taxes. About one hundred acres or more could be sold off to advantage. The parts marked A. and B. on the draft could be thus sold. Such sale would be to the interest of Franklin H. Schmeck. In my opinion, the interest of Twelve thousand Dollars, together with taxes, could not be paid with the rents, issues and profits of the land.

By selling parts A. and B. of the land, Franklin H. Schmeck would be able, in my opinion, to pay the amount stated in the will of Henry Schmeck deceased, to wit: twelve thousand Dollars and retain the balance of the land.

Plot Description

___________ Schmeck Ruscombmanor

Beginning at a stake in a Public Road leading from Kinzeys Mill to Pricetown, thence by other lands of the said Franklin H. Schmeck North 23 ½ degrees West 45 6/10 perches, North 19 degrees West 44 2/10 perches to a rock, thence by a Public Road leading to Reading by lands of the same South 86 ¾ degrees West, twenty-five & 5/10 perches to a stone, thence by lands of Abraham Becker South 21 ¾ degrees West 47 64/100 perches to a stone, thence by lands of Nathan Haas South 69 ¾ degrees west 25 1/10 perches to a stone, thence South 24 degrees West 19 6/10 perches to a stone, thence by other lands of the said Franklin H. Schmeck South 58 ¼ degrees East 43 8/10 perches, North 69 ¾ degrees East 25 6/10 perches to the place of beginning, containing twenty-five acres and thirty-two perches, more or less, with the appurtenances, I have sold to John Schmeck* of the township of Alsace in the county of Berks aforesaid, at the sum of Eleven hundred and forty-one dollars and fifty cents, ($1141.50), they being respectively the highest bidders, and those respectively, the highest prices bidden for the same. Which sales I pray may be confirmed by the Court.

* In the record of the Orphans' Court of 20 Nov 1869 (next page), five buyers are named in addition to John Schmeck. Earlier documents indicated only two parcels were to be sold. I saw and copied only this one plot description naming one buyer, John Schmeck.

Daniel Buskirk guardian of Franklin H. Schmeck, the above named petitioner, being duly sworn according to law doth depose and say that the facts set forth in the foregoing return, are true to the best of his knowledge and belief and that he is neither directly nor indirectly interested as a purchasers (sic) of the premises so sold.

Return and Petition

And now, to wit: At an Orphans' Court held at Reading, in and for the county of Berks, present all the Judges, the within return and petition being duly read and heard. Whereupon, the Court order and decree that the sales so made to the said John Gottshall, be ratified and confirmed, and that the premises so sold, be and remain to the said John Gottshall, his heirs and assigns, firm and stable forever; and that the sale so made to the said John Fies, be ratified and confirmed, and that the premises so sold, be and remain to the said John Fies, his heirs and assigns, firm and stable forever; and the sale so made to the said Nathan Haas, be ratified and confirmed and that the premises so sold, be and remain to the said Nathan Haas, his heirs and assigns, firm and stable forever; and that the sale so made to Washington Schmeck be ratified and confirmed, and that the premises so sold be and remain to the said Washington John Schmeck, his heirs and assigns, firm and stable forever; and that the premises so sold to Peter Hartman and Jeremiah Hartman be ratified and confirmed, and that the premises so sold be and remain to the said Peter Hartman and Jeremiah Hartman, their heirs and assigns, firm and stable, forever;

Estate of Audora Louisa Schmeck

Rothermel Bros appeared as Counsel for the accountant who was personally present.

The ward became of age on the 26th of Febry 1884. Se was married in 1881 to John Y. Yoder

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