Monday, February 18, 2013

Amanuensis Monday - Petition for Writ of Partition of Cornelius Feather's Estate

Genea-blogger John Newmark (who writes the excellent TransylvanianDutch blog) started his own Monday blog theme many months ago called Amanuensis Monday. What does "amanuensis" mean? John offers this definition:

"A person employed to write what another dictates or to copy what has been written by another."

The subject today is the Petition for a Writ of Partition of the estate of Cornelius Feather (1777-1853) of Salem, Mercer County, Pennsylvania.  Here is my transcription of this entry in 
Mercer County, Orphans Court Dockets, 1850-1858, Vol. D-E, pages 148-150 (accessed in the "Pennsylvania, Probate Records, 1683-1994" collection on https://FamilySearch.org):




""August Term 1855 [top of page]
In re the petition of  [in left margin]
John Feather for a
writ of partition on
the estate
5    of
Cornelius Feather
Shff Moore on Rule  4.35
Shff on 2^d Rule      6.19
Advertising               4.00
Jury                           6.00
Shff Moore               8.87
Clerk Findley            6.50
Clerk Warner on report 3.25
Rec of Sheriff Moore two to apply on George
Beggs, Sam^l Logan Wm & Allen Hutchison
for their Jury fees.  George Beggs
Jany 24 1857.  Shff files T.A.
Robinson's  Receipt for his cash as Juror
being 50 cents.

Shff files the receipt of George & John M. [in margin]
Carringer for their fees as Jurors

"At an Orphans Court held at Mercer on and for the County of Mercer, on the 20th day of August A D 1855, the petition of John Feather son and heir of Cornelius Feather Dec^d late of Salem Township Mercer County, was presented setting forth: that your petitioner's said father Cornelius Feather lately died intestate leaving him surviving a widow since Dec^d and Issue, your petitioner and George Feather, and also the Issue of two Daughters of said Cornelius Feather towit, Cornelius A., and Ester Ann Milner, children of Mary Milner who was formerly Mary Feather, and said Ester Ann Milner being a miner and having no Guardian; and Eliza, David J., George W., Cornelius A., and Mary Carringer and Sarah, Henry, Loisa M., Matilda S. and Harvy M Carringer, all children of Sarah Carringer intermarried with Henry Carringer who was formerly Sarah Feather, of whom Sarah, Henry, Loiza, Matilda and Harvy are miners and have no Guardian chosen.  That said intestate died seized in his demesne as of fee, of and in a certain tract of land situate in Salem Township, Mercer County Penna bounded North by land of John Hurry's heirs, East by Harry Furnace property owned by Gen. Irvin, South by Said Irvine and lot sold to Charles Milner and West by J. Russell and containing six acres more or less.  Your petitioner therefore prays your honors to award an inquest to make partition of the premises aforesaid to and among the children and representatives of said intestate in such manner and such proportion as by the laws of this Commonwealth is directed.  If such partition can be made without prejudice to or spoiling the whole, but if such partition cannot be made thereof as aforesaid then to value and appraise the same and make report of their proceedings herein according to law and he will ever pray &c.

"August 20th 1855.  Rule to show cause granted returnable to first day of next term                    ............................................................................................................. per Curiam

"August 20th A D 1855.  Rule issued.

"Oct 11th 1855.  Served the within Rule on George Feather, Cornelius A. Milner, Eliza, David J., George W., Cornelius A. & Mary Carringer personally by reading, and on Chas. Milner Guardian of Esther Ann Milner, and Henry Carringer Guardian of Sarah, Henry, Louisa M., Matilda S. & Harvy M. Carringer personally by reading.  So A????
............................................................................................. John Moore Shff

"And now to wit Nov 21st 1855 On motion Court appoint D.W. Findley Guardian ad litem for Sarah Henry Loisa M Matilda S. and Harvy M. Carringer and award the writ of partition in the above case returnable to next Term personal notice on those in the County and to those out of the County by three advertisements in two newspapers in Mercer.  The last of which shall be ten days before the day of holding said Inquest.
 Nov 26 1855 Writ of partition issued

"Mercer County SS
An Inquisition indented and taken at Salem Township in the County of Mercer aforesaid this 5th day of January A D 1856 before John More Esqr. High Sheriff of said County by the oaths and affirmations of the jurors whose names and seal are hereunto annexed good and lawful men of my bailiwick who say upon their oath and affirmations, that having been taken by the said John Moore High Sheriff as aforesaid in his proper person to the premises described to the writ to this Inquisition annexed, and the parties in the said writ named having been severally warned and as many as those being present, that they cannot divide the within described premises without prejudice to or spoiling of the whole and they have therefore appraised and valued the same and do appraise and value the same at the rate of Seventeen dollars per acre.

"In testimony whereof the said John Moore Esqr High Sheriff as aforesaid as well as the jurors aforesaid have hereunto affixed their hands and seals the day and year first above written.
                                                               John Moore Shff {seal}
George Carringer  {seal}    John M. Carringer  {seal}   David P. Long {seal}
Wm Hutchison {seal}         Allen Hutchison {seal}       William Sheakley {seal}
Samuel Long {seal}            Andrew Robinson {seal}   T.A. Robinson {seal}
George Beggs {seal}          David Hadley {seal}          John Adams {seal}

"January 23rd 1856 presented and confirmed a Rule on heirs and legal representatives to appear on the first day on next term and accept or refuse the property at the valuation of the Inquisition or in case of refusal show cause why the property should not be sold.
                                                                                           per Curiam

"Rule Issued February 18th 1856
Samuel Griffith Esqr accepts Service for Cornelius Feather of the within Rule, D W Findley Guardian ad litem for Sarah Henry, Louiza M., Matilda L & Harvy M. Carringer accepts service of the within Rule.    So A???? John Moore Shff

"April 26th 1856.  On Motion the Court order and decree Sale of Said Real Estate described in said writ of partition and appoint John Moore Trustee to make date of the same.  Notice to be given by said Trustee in double the appraised value.  Terms one third in hand and bal in two equal annual payments with interest from consummation of sale.
                                                                                         per Curiam

"July 12th  Bond taken & order made out.

"To the Honorable the Judges of the Orphas Court of Mercer County Pa. John Moore Trustee by appointment of said Court respectfully reports that pursuant to the within order of this Court, he did after due public and timely notice, by him given of the time and place of sale according to the directions within mentioned on the 18th day of August A D 1856 Expose the premises within described to sale by public auction or outcry and sold the same to Peter Henry for the of one thousand & sixty dollars, he being the highest and best bidder and that the highest and best price bidden for the same, whereupon the Trustee your petitioner prays that your Honors may confirm the same.

"Nov 21 1856  Sale confirmed and deed ordered to be made to the purchaser on compliance with the terms of sale.                                                            By the Court

"Nov 22 1856  Court appoint Robert Taylor Esqr Auditor to distribute proceeds in hands of Sheriff arising from sale to and among the heirs & legal representatives 
Nov 22 1856  Certificate issued

"Jany 16 1857  Report presented & confirmed and distribution ordered accordingly                                   ....................................................................................... By the Court

"Jany 18 1858  On motion court appoint S.R. Mason Esqr an auditor to distribute money in hands of John Moore Esqr trustee for sale of Real Estate

"Jany 18 1858  Certificate issued

"March 15 1858  Auditor Report presented & filed and confirmed and distribution ordered accordingly.                                                                     By the Court

"And now April 19 1858 It appearing to the Court that the auditor appointed to distribute the funds in the hands of the Sheriff have overlooked six & 50/100 dollars of the Costs on partition the Court therefore order and decree that the report of S.R. Mason Esqr be corrected as follows to wit:

Balance for distribution among the heirs as 
per RS Masons Report                                           $366.33
from which didn't amount of Certs omitted               6.50
Bal for distribution among heirs =                        $359.83

Distributed
To George Feather 1/4                              ===  89 95 3/4
To John Feather 1/4                                  ===  89 95 3/4
To Cornelius A & Esther Ann Milner  }
    minor children of Mary Milner &c }       ===  89 95 3/4
To Eliza, David J., Geo. W., Cornelius }
    Mary, Sarah, Henry, Louisa M.       }
    Matilda S & Harvy M. minor chil   }
    dren of Sarah Carringer &c           }        === 89 95 3/4    359.83

By the Court   J. S. McCalmont
                       Pres^g Judge

Cornelius Feather is one of my 4th great-grandfathers.  I will collect and analyze what I learned from this probate paper in a subsequent post.

UPDATED:  22 February to add Geolover's corrections.

The URL for this post is:  http://www.geneamusings.com/2013/02/amanuensis-monday-petition-for-writ-of.html

Copyright (c) 2013, Randall J. Seaver

2 comments:

Geolover said...

Alternate reading: where you have written "Shff files the receipt of George & John M. /
Carringer for their D???? as ?????," what I see is:

Rec of Sheriff Moore ?two to apply on George / Begge, Sam Logan Wm & Allen Hutchison / for their Jury fees George Begge / Jany 24th 1857. Shff Moore files L. A. / Robinsons Receipt for his costs as Juror / ?being fifty cents

Randy Seaver said...

Thank you for the corrections...I left out some of it, didn't I? It's corrected now.