1853: Colebrookdale Township, Berks County, PA
Volume (na), page (na): Oct. 24, 1853
In the name of God Amen. I Peter YORGA [sic] of Colebrookdale township Berks County and State of Pennsylvania farmer. Do make and publish this my last will and Testament as follows to wit:
First, It is my will that all my just debts and funeral expenses shall be paid as soon as convenient after my decease by my Executors.
Second, I give and bequeath unto my wife Deana the use and occupation of one room in the house we now occupy, the necessary right in the kitchen, right in the cellar to accommodate her goods. Also in the garret to keep her meal right at the bake oven to bake; right to take water, hay, pasture and stable room for one cow. Privilege to keep one hog, also one fourth of the garden and manure to manure it. Also half an acre of land for corn and potatoes. All which my said wife Deana shall have hold and enjoy so long as she remains my widow and no longer.
Third, I give and bequeath unto my said wife Deana the Interest of One thousand dollars which shall remain standing in my farm which I now occupy and the Interest thereof paid annually to my said wife during her life time and immediately after her decease the said principal of One thousand dollars shall be paid to my said children in equal shares.
The Interest to be calculated from the day the purchase of my said farm takes possession thereof.
All what I have herein given to my said wife shall be in lieu and stead of her dower and thirds and also in lieu and stead of her right under the so called three hundred dollar law, out of the whole of my real and personal estate.
Fourth, It is my will the whole of my Real estate situate in Colebrookdale aforesaid or elsewhere, shall be sold by my Executors or the survivor of them as soon as convenient after my decease, and that the farm which I now occupy situate in Colebrookdale aforesaid shall be sold subject to the rights and privileges herein given to my said wife so long as she remains my widow. Also subject to the payment of One thousand dollars the Interest whereof to be paid to my said wife Deana annually during her life time. To be calculated from the day the purchaser takes possession of said farm as aforesaid and immediately after her decease the said principal to be paid to all my children in equal shares as aforesaid.
5th, It is my will that my personal estate or goods shall also be sold by my Executors as soon as convenient after my decease.
6th, I give and bequeath unto my sons Peter, Henry, William, Hiram, and Edwin each the sum of fifty dollars in advance.
7th I give and bequeath unto my nine children to wit: Peter, Henry, William, Hiram, Edwin, Elizabeth, Sally Ann, Debora, and Leah the remainder of my whole real and personal estate in equal shares.
8th, It is my will that if any or either of my said children should die under the age of twenty one years without issue then and in such case I give and bequeath the share or shares of such child or children dying as aforesaid unto my other children in equal shares.
9th It is my will in case I shall advance anything to my children or sons-in-law and charge them in a Book or take notes or Bonds for the same that then the same shall be deducted from the respective shares, herein bequeathed to my said children.
10th I give and bequeath unto my said wife for her use the three beds, cupboard, wood chest and kitchen utensils which she brought to me when she moved to me.
Lastly I nominate constitute and appoint my son William YORGA [sic] and my son-in-law Daniel HIMMELRIEICH as Executors of this my last Will and Testament, hereby revoking all former wills by me heretofore made and declaring this and no other to be my last Will and Testament.
In Witness whereof I the said Peter YORGA [sic] have hereunto set my hand and seal the eighth day of October in the year of Our Lord one thousand eight hundred and fifty three.
Peter YORGEY {signature}
Witness present at signing:
Daniel HIMMELRIECH {signature}
Daniel SCHULTZ {signature}
Berks County-on the 24th day of October Anno Domini 1853 appeared Daniel HIMMELREICH and Daniel SCHULTZ witnesses to the foregoing instrument of writing and being duly qualified according to Law did depose and say that the Testator, Peter YORGA [sic] said he has made his last will and testament and presented this instrument of writing and requested us to sign our names to it as Witness and that at the time of their signing the said Testator was of sound mind, memory, and understanding to the best of their Knowledge, observation and belief.
John Y. CUNNIUS, Deputy Register {signature}
Filed Oct 24, 1853
In the matter of the estate of Peter YORGEY, deceased, Know all men by these presents, that I J. Daniel HIMMELREICH of Colebrookdale Township, Berks County, one of the executors named in the last will and testament of Peter YORGEY, late of the same place farmer, deceased, do hereby renounce, release and quit claim all my right and title to the said executorship, and desire that the administration of the goods and chattels, rights and credits of the said estate may be committed to Daniel CLAUSER, Esq. of Earl Township In witness whereof I have hereunto set my hand and seal this 24th day of October A.D. 1853.
Daniel HIMMELREICH {signature}
Witness:
Jacob S. LIVINGOOD {signature}
John Y. CUNNIUS {signature}
Filed Oct 24, 1853
To Jacob SNELL, Esq. Register of Wills for the County of Berks
Where as my late husband Peter YORGEY, died testate, and whereas Daniel HIMMELREICH one of the executors in the will of said deceased has renounced all right and title to the said executor-ship and the other executor named in said will, viz: William YORGEY is still a minor and unable to act as such, in consequence of which the right of administration of his estate devolved upon me as the widow and relict of said deceased.
Now know that for divers good causes and considerations we specially moving, I do hereby release all my right and title to the administration of the said estate, and desire that the administration of the goods and chattels, may be committed to Daniel CLAUSER Esq. of Earl Township.
Witness my hand and seal this 24th day of October A.D. 1853.
Dinah YORGEY {signature}
Witness:
J.S. LIVINGOOD {signature} and John Y. CUNNIUS {signature}.
Volume 16, page 555: January 9, 1854
Jan 10, 1854 Guardians to Sally Ann, Deborah, and Leah YORGEY, minor children above the age of fourteen years of Peter YORGEY late of Colebrookdale in Berks County filed by John RITTER, Junior of Colebrookdale Township and Daniel CLAUSER of Earl Township.... are held and bound to the Commanwealth in the sum of $600 and to make at least once every three years, and at any other time required by the Orphans' Court,...render a just and true account of management of the property and estate of said minors. ..shall...faithfully perform the Duties of Guardian of the said minors.
Volume 16, page 556: January 8, 1854
Jan 10, 1854 Guardians to Peter YORGEY a minor child under the age of fourteen years of Peter YORGEY late of Colebrookdale in Berks County filed by Jacob Wise of Colebrookdale Township and Daniel CLAUSER of Earl Township are held and bound to the Commanwealth in the sum of $200 and to make at least once every three years, and at any other time required by the Orphans' Court,..render a just and true account of management of the property and estate of said minor...shall ...faithfully perform the Duties of Guardian of the said minor.
January 10, 1854 Guardians to William and Henry YORGEY minor children under the age of fourteen of Peter YORGEY, late of Colebrookdale in Berks County filed by Daniel HIMMELREICH of Colebrookdale Township and William HIMMELREICH of Pike Township... are held and bound to the Commanwealth in the sum of $400 and to make at least once every three years, and at any other time required by the Orphans' Court,. .render a just and true account of management of the property and estate of said minors...shall...faithfully perform the Duties of Guardian of the said minors.
January 10, 1854 Guardians to Edwin YORGEY a minor child under the age of fourteen years of Peter YORGEY late of Colebrookdale in the county of Berks filed by George MOYER of Colebrookdale and Daniel CLAUSER of Earl Township are held and bound to the Commanwealth in the sum of $200 and to make at least once every three years, and at any other time required by the Orphans' Court,.render a just and true account of management of the property and estate of said minor ...shall...faithfully perform the Duties of Guardian of the said minor.
Volume 28, page 582- March 15, 1906
Leah YERGER [sic] represents that she is the sister of Henry YORGEY, who was a resident of Colebrookdale Township, Berks County, Pennsylvania and ...."That the said Henry YORGEY, with his wife and five months old child, left the place of his usual residence and abode in said Colebrookdale Township, about 35 years ago, with the intention it is supposed, of going to California and that since that period he has continued to remain absent from his usual place of abode and that his whereabouts is not and has not been known since the time of his absence as aforesaid. That the said Henry YORGEY is a son of Peter YORGEY, late of said Colebrookdale Township, deceased, who died in 1854, ".....
"That the said Peter YORGEY left ...a widow, the aforesaid Deana, and children as follows, to wit: Hiram YORGEY residing in Colebrookdale Township, Edwin, residing in Jacksonwald, Debora HOUCH, nee YORGEY, now deceased, upon whose estate letters of administration have been granted to Morris Y. HOUCH, of Colebrookdale Township, Elizabeth HIMMELREICH, nee YORGEY, wife of Daniel HIMMELREICH, residing in Washington Township, Sallie Ann LOOS, residing in Franconia, Montgomery County, PA, your petitioner, and the said Henry YORGEY"
"That the said Deana YORGEY, widow of the said Peter YORGEY, to whom the interest of the aforesaid sum of One Thousand Dollars, provided for in the will of the said Peter YORGEY, deceased, was payable during life, died on the third day of November AD 1905 whereupon the said principal sum aforesaid became due and payable to the children of the said Peter YORGEY, deceased. That the share of each of the said children is $142.85 5/7 [error should be 1/7] which sum was payable to each on Nov. 3, 1905"
"That Max ROSENBERG and Peter ESHBACH, the owners of the land upon which the said sum of One thousand dollars is charged are desirous of paying the same, but that the share due to the said Henry YORGEY cannot be paid to him, since his whereabouts are unknown and the said owners have requested your petitioner to institute the necessary proceedings for the purpose of having a trustee appointed to take charge of the estate of the said Henry YORGEY, to the end that they might pay the said share of Henry YORGEY to a person duly authorized to receive the same and procure a proper release and acquittance [sic] upon the payment of such share."
Joseph RITTER and William RITTER swore to the facts as presented by Leah YERGER [sic]
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