To the Hon, the Judges of the Orphans Court of Lancaster County The undersigned Jane PENNINGTON widow of Elias PENNINGTON late of Fulton Township Lancaster County dec'd Respectfully represents That the said deceased died intestate on the 20th March A. D. 1858 leaving the undersigned Widow and two Nephews Ross J. PENNINGTON & Edward PENNINGTON, of Baltimore of the Whole blood, and two half sisters supposed to live in New Jersey as his heirs and next of kin, She further represents that the Said PENNINGTON died seized in his __?___ as of fee of and in the following real Estate Viz A tract of land with a two and a half Story frame dwelling House, a barn and the usual out buildings thereon erected Situate in Fulton Township adjoining lands of Wm. KING, J. B. HAINES and others containing Sixty eight acres, Also a tract of land with two tenant Houses thereon erected Situate in said Township adjoining Abner BRAN?, Jos. PHILLIPS and others, containing about Seventy Six and one forth acres, the undersigned prays the Court to order an Inquest to Make partition of the said premises to and among the Said parties interested according to law is such partition can be made without prejudice to or Spoiling the whole thereof but if such partition cannot be Made then to Value and appraise the Same & Make return thereof on or before the 3rd Monday in September Next. To the truth of which facts the petitioner was duly affirmed according to law. And Now August 18th 1858 It is ordered by the Court that the High Sheriff of Lancaster County Summons an Inquest to view Value and appraise the Real Estate of Elias PENNINGTON of which he died Seized and to Make partition thereof to and among the Heirs and legal representatives of the said dec'd according to law and Make return of their proceedings to this Court on the day of The Court further direct that Notice of pending Inquest be published in the Examiner & Herald a Newspaper published in the City of Lancaster for 3 weeks and also in a paper
published in the state of New Jersey
Return of Inquest
Inquisition indented and taken at the public House of Joseph PHILIPS in Fulton Township in the County of Lancaster and State of Pennsylvania on the 16th day of September A. D. 1858. Before Benj. F. Rowe High Sheriff of the County of Lancaster by virtue of an order of the Orphans Court of said County to him directed and to this Inquisition annexed by the Oaths and affirmations of S. M. P. BOYED, Henry CARTER, Day WOOD, Jeremiah BROWN Jr., Joseph C. STUBBS, Gilpen STUBBS, James Mc SPARRAN, David LEE, Timothy HAINES, James HANNA Esq. N David SCOTT, Joseph PHILIPS, Twelve good and lawful men of his bailiwick who on their oaths and affirmations respectively do say that on the day and year aforesaid they went to and upon the lands and tenements of which Elias PENNINGTON in the Said writ Mentioned died Seized and then and there did find that the Same could not be divided to and among all the heirs and legal representatives in Said Writ Mentioned But that the Same will accommodate two and only two of said Heirs without prejudice to or Spoiling of the whole thereof and therefore the Inquest aforesaid have valued & appraised the same as follows.
No 1. Containing 68 acres at $72 dollars per Acre amounting in the whole to $4896.00
No 2. Containing 76 acres and one fourth at $45 dollars per acre amounting to $3431.25
Which Inquisition was Read & Confirmed __?__ September 20th 1858 by the Court.
Same day the Court on Motion of A. Herr SMITH Esqr. Attorney for Estate grant a rule upon the Heirs and legal representatives to appear in open court and accept or refuse the real Estate of Said dec'd at the valuation Made by the Inquest or show cause why the same should not be sold according to law. Returnable on Monday the 15th day of November 1858 at 10 o'clock AM. And on November 16th 1858 none of the heirs appearing to accept the Real Estate of said dec'd at the valuation thereof made on Motion of A. Herr SMITH Esqr the court grant an order of Sale to Thomas GRUBB Trustee appointed by the Court to Sell said Real Estate according to law viz by vendue or out cry on Wednesday the 8th day of December 1858 at the public House of Joseph PHILIPS Fulton Township Lanc. Co.
Terms cash on the first day of April 1859
Thomas GRUBB, Tent in $8000.00
Henry McCOY Tent in $8000.00 To the Commonwealth of Penna.
Jeremiah B. HAINES Tent in $8000.00
Return of Trustee
To the Honorable the Judges of the Orphans Court of Lancaster County
The Undersigned Thomas GRUBB Trustee authorized to sell the Real Estate of Elias PENNINGTON late of Fulton Township Lancaster County deceased Respectfully Reports, That having just given due and legal Notice of the time and place of Sale by hand bills and newspapers, he exposed the premises in the annexed order mentioned to public Sale at the Public House of Jos. PHILIPS in Said Township and sold tract No. 1, consisting of 68 acres and 90 perches with a frame Dwelling House Frame Barn and other improvements thereon erected unto Jane PENNINGTON at and for the Sum of fifty dollars per acre. She being the highest and best bidder amounting in the whole to thress thousand four hundred twenty eight dollars and twelve and one half cents. $3428 11/100
And tract No 2 consisting of 76 ¼ acres with two tenant Houses thereon erected to Joseph PHILIPS at and for the Sum of Forty five dollars and twenty five cents per acre, amounting in the whole to three thousand and four hundred and fifty dollars and thirty one and one fourth cents. $3450, 31 1/4/100 the aggregate of two tracts being Six thousand Eight Hundred and Seventy Eight dollars and forty three cents $6878. 43/100 The undersigned therefore prays the Court to confirm the said Sale and he ___
And Now January 17th 1859 The Court confirm the sales so Made and decree the premises to therein the said Jane PENNINGTON and Joseph PHILIPS their heirs and assigns in fee as fully as if the Said Elias PENNINGTON dec'd had and held in the Same at the time of his death Subject and liable to the payment of the purchase money agreeable to the return to the order and the terms therein prescribed by the County.