James Finley Petition to Divide 27 Acres, Franklin County, PA

Orphan's Court Book A:416-417.
1817, vol. 13, p. 271
(2) 1813, Book A p. 416.
Franklin County, PA, 3 April 1810, DB 9:151-152

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Petition of James Findlay one of the sons of James Findlay Esquire late of
Green Township in the County of Franklin was read setting forth that the
said James Findlay lately died leaving a widow to wit Jane, and issue eight
children, to wit Samuel, John, James the Petitioner, William, Elizabeth wife
of Stephen Duncan, Isabella wife of James Galbreath, Molley wife of Joseph
Culbertson, and Jane the wife of Samuel Armstrong Rippey, and that the
petitioners Father died seized in his deminer(?) as of fee of and in a
certain tract or ??? Land with the appurtenances situate in the Township of
Letterkenny in the said County bounded by lands of Frederick Hess, lands of
the Heirs of John Findley deceased, and other lands that were of the said
James Findlay Esquire deceased, Containing twenty seven acres & allowance of
six per Cent for roads vc that the petitioners said Father did on the 4th
day of February A.D. 1809 make his last will and Testament in writing which
is duly Registered in the proper office for that purpose in the said County
that the above described premises was by the said James acquired by purchase
Subsequently to the making of said last will and Testament and of the same
no disposition was made by said will as by the said will and Testament will
more fully appear. And with respect to the said premises, the petitioners
Father died Intestate. Thereupon prayed the Court to award an Inquest to
divide the same premises with the appurtenances to and amongst the widow and
all the children as legal representatives of the said deceased provided the
same can be done without prejudice to or spoiling the whole, But if the same
cannot be so divided, that the Inquest proceed well and truly to enquire
whether the same will conveniently accommodate more than one of the children
or legal representatives of the said deceased, and if it conveniently
accommodate more than one of the Children or legal representatives of the
said deceased, that they then proceed well and truly to partition and divide
the same by metes & bounds and well & truly to appraise and value each
purpart, but if they will not do so conveniently accommodate more than one
of the children a legal representative of the said deceased that they would
then proceed to value & appraise the whole undivided vc Whereupon the
Courts did order and direct that the Sheriff in his proper person, with
twelve good and lawful men of his bailiwick in presence of all the parties
who shall choose to attend, they or their Guardians having due and previous
notice, thereof, do hold an Inquest on the said premises with the
appurtenances, and divide the same to and among the representatives of the
said deceased by metes and bounds, if the same can be done without prejudice
to and spoiling the whole, but if they find that the same cannot be so
divided without prejudice to and spoiling the whole, that then they inquire
whether the said premises will conveniently accommodate more that one of the
representatives of the said deceased. And if the(y) find that the premises
aforesaid with the appurtenances will conveniently accommodate more than one
of the representatives of the said deceased - That then they will and truly
partition the same in metes and bounds and will and truly appraise and value
each purpart - But if they find that the same cannot be so divided - That
then they will and truly value and appraise the whole undivided, and make
return thereof to the next Orphan's Court, as well under the hand & seal of
the said Sheriff as also under the Hands & seals of the Jurors by whose oath
and affirmation such Inquisition shall have been taken.

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