Joseph Phillips, Decd,
To the Honorable, the Judges of the Orphans’ Court of Lancaster County. The petition of Wm Harry Philips of Fulton Township said County Respectfully Represents That Joseph Philips, late of said Township, and County died on the _____ day of August A.D., 1865, intestate leaving a widow Named Mary and five children to wit Wm Harry Philips your petitioner, Rebecca J. the wife of John Wright, Sarah Philips, Joseph Philips and Mary Philips, the two last of whom are minors. And that the intestate died seized in his demesne as of fee of and in the following described Real Estate
viz (No 1. A Plantation or tract of land situate in Fulton Township, aforesaid, adjoining lands of Abner Brown, William Hutton, Christian C. Kauffman and others containing one hundred and forty five acres, more or less, with a large frame and plastered Tavern House, large Stone and frame Barn, wagon shed and other improvements thereon.
No 2. A tract of land in Drumore Township, Lancaster County, adjoining lands of Jacob Herr, John Hastings and others containing Fifty acres more or less, with a log dwelling House, a weather boarded log Barn, wagon Shed and other improvements thereon. (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 the said Intestate in Such manner and in Such proportions, as by the laws of this Commonwealth is directed if Such partition can be made without prejudice to or Spoiling of 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 here in according to law.
And now October 25th, 1865, It is Ordered by the Court that the High Sheriff of Lancaster County Summons twelve men to be an Inquest to view, value and appraise the Real Estate of Joseph Philips of which he died Seized and to make partition thereof to and among the heirs and legal representatives of Said decd. according to law.
November 13th, 1865. Proceedings stayed by petitioners counsel. So answers Fred Smith Shff
second listing pg # unreadable
Lancaster County Orphans’ Court, Book Misc, Volume 1863-1865, Page 747-748,
Joseph Philips, Decd.
To the Honorable, the Judges of the Orphans’ Court of Lancaster County. The petition of Sanders McCullough and Jeremiah Brown administrators of the Estate of Joseph Philips late of Fulton Township in said County deceased, Respectfully Represents That the said Joseph Philips died intestate on the 31st day of August A.D. 1865, leaving a widow Named Mary A. Philips and five children viz, Wm Harry Philips, Rebecca J. wife of John Wright, Sarah Philips, who are of full age, and Joseph Philips and Mary Philips, who are in their minority, That the inventory of the personal estate as filed amounts to $3859.50, That the debts of Said decedent which have come to the knowledge of your petitioners are as follows, To Sanders McCullough Judgment of $7000, Mrs. Pennington, dower charged on land during her life and at her decease to be paid to heirs of Elias Pennington decd, $1725.15, J Reed Note $100, G. Buckeus Note $100, To Heirs of Wm Philips decd, $333.33, amounting in all to $9258.00 besides interest on Said claims, and Sundry Smaller debts and expenses, and Expenses of Settling his estate the amount of which cannot now be correctly ascertained. There is also to be paid $60. per annum to Mrs. Philips widow of Wm Philips deceased, which is a charge on Real Estate of deceased.
That Said Joseph Philips at the time of his decease owned the following Real Estate viz No 1. A Plantation or tract of land Situate in Fulton Township aforesaid adjoining lands of Abner Brown, Wm Hatton, Chrs Kauffman and others, containing about 145 acres with a large frame and plastered Tavern House, large Stone and frame Barn, wagon shed, and other improvements thereon. No 2 A tract of land in Drumore Township Lancaster County adjoining lands of Jacob Herr, John Hastings and others, containing about fifty acres with a log dwelling House, weather boarded log Barn, weather boarded wagon shed and other improvements thereon. The administrators respectfully ask the Court to grant them an Order to sell No 1 of said Real Estate, the Tavern property, for the payment of Such of the debts of the deceased, as the personal estate will not reach to pay, and for the Support and Education of the minor children of deceased if there be an surplus. And
Now September 18th, 1865 Court on Motion of J. B. Livingston, Esq. award an Order for Sale and order and direct Sanders McCullough and Jeremiah Brown administrators as aforesaid to Expose No 1, above described to Sale by vendue or out cry on the 18th day of October 1865, on the premises. Terms one third of the purchase money remaining after payment of debts of deceased, and Expenses of Settling his Estate to remain charged on the premises during the life of Margaret A. Philips, widow of Said deceased, the interest thereof to be paid to her annually and at her decease the principal to be paid to the Heirs and legal representatives of Jos. Philips decd. The balance to be paid cash on April 1st 1866.
Sanders McCullough Sent in $25000 }
Jeremiah Brown “ “ $25000.}
Harry Swift “ “ $25000.}
James McSparran “ “ $25000.} To the Commonwealth of Penna.
Return of Administrators
To the Honorable, the Judges of the Orphans’ Court of Lancaster County. The undersigned administrators of the Estate of Joseph Philips deceased most respectfully Returns. That in pursuance of the within order of Court, they did at the time and place, and upon the terms in said Order set forth, after giving due legal notice of the time and place of Sale, expose the Real Estate in said order described to Sale by public vendue or out cry and Sold the whole thereof unto Martin Rohrer, of West Bradford Township Chester County, at and for the Sum of One hundred and Eighteen dollars and twenty five cents per acre (which includes the dower of Jane Pennington of $1725.15) he being the highest and best bidder and that the highest and best price bid for the Same, which Sale, so made they pray may be confirmed by the Court,
And Now November 26th 1866 The Court confirms the Sale as aforesaid made and decree the premises and Real Estate to him the said Martin Rohrer, his heirs and assigns in fee as fully as he the said Joseph Philips deceased had and held in the same at the time of his death Subject and liable to the payment of the purchase money agreeably to the return to the order and the terms therein prescribed by the Court.
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