Petition of Esther Phillips
Thomas Philips Decd,
To the Honorable, the Orphan's Court of Lancaster County, The Petition of Esther Philips widow of Thomas Philips, late of Colerain Township in said county, deceased respectfully showeth That Your petitioner's said husband lately died, leaving issue Viz: Five children, three of whom are minors, to wit John Wesley Philips above the age of 14 years, and Emmett M. Philips and Cucetta Philips, under the age of fourteen years. That said minors are each entitled to a portion of the Estate of Thomas Philips, deceased, and have no person legally authorized as Guardian, to take charge of their Said Estates, She therefore asks the Court to appoint William Phillips of Colerain Township Lancaster Co. as Guardiann of the Estates of Said Emmett M. Philips and Lucetta Philips the minors above named who are under fourteen years of age, John Wesley Philips the minor above named, being above fourteen years of age, respectfully ask the Court to appoint William Phillips of Colerain Township, Said County as the Guardian of My Estate
And Now 18th 1866, the Court appoint William Phillips guardian as prayed for and approve of bond.
William Phillips Sent in $500.}
Jas. McCullough " " $500.} To the Commonwealth
Thos. C. Collins " " $500.} of Penna
Lancaster County Court House,
Petition of William Phillips, Guardian of the minor Phillips children
To sell the property of Thomas Phillips, Deceased
Thomas Phillips Deceased. To the Honorable the Judges of the Orphan's Court of Lancaster County, The petition of William Phillips, guardian of John Westly Phillips, Emmett Philips and Lucertta Phillips minor Children of Thomas Philips late of Colerain Township in said County deceased, Respectfully showeth, That your petitioners said Wards, John Westly Phillips Emmett Phillips and Lucetta Phillips are joint owners and tenants in common with their sisters Matilda Shank (formerly Phillips) and Sarah Phillips. Of and in a certain Lot or piece of ground situated in Colerain Township Lancaster County adjoining lands of James McCullough, Christian Lefiver, Sam(?) McLenegan and others, containing Five Acres and thirty four perches more or less, with a two story dwelling house, stable and other improvements thereon which together they hold in fee.
That said Matha Shank and Sarah Phillips, are about to sell and dispose of their interest in said Real Estate, being the undivided two fifth share of That the interest of said minors in said real estate being the undevided three fifths thereof, is improductive, and will shorly require repairs to render it tentable and productive, which your petitioner has not money in his hands belonging to said wards to make your petitioner veraly bileves that it would be to the manifest interest and advantage of said minors that their interest in said Real Estate should be sold at the same time and place that the other two fifths are sold and the proceeds thereof otherwise invested, your petitioner therefor respectfully asks the court to grant him an order authorizing him to sell the interest of said minors in said real estate for the purpose aforesaid the Sale to be held on the premises on the 29 day of October A.D. 1866. To the truth of the fact set forth the guardian was duly affirmed according to law
And now October 8, 1866 on moption of J. B. Livingston Esq. the court award an Order of sale and order and direct William Phillips guardian of John Westley Phillips Emmett Phillips Lucetta Phillips minor children of Thomas Phillips deceased to oppose said minors interest in the above described real estate to sale by vendue or outcry on the premises on the 29 day of October 1866.
There is the purchased money to be paid Case on April the 1st 1867 and William Phillips Sent in $600} To the Commonwealth Thomas C. Collins " " $600} of Pennsylvania
Return of Guardian
The undersigned guardian of John Westly Philips, Emmett Philipps and Lucetta Philips, minor children of Thomas Philips=deceased, Respectfully Returns That in pursuance of the foregoing Order of Said Court, he did after giving due and legal notice of the time and place of Sale at the time and place and upon the terms of said Order set forth. Expose the interest of Said minors in the Real Estate in Said order described being the undivided three fifth thereof, to Sale by public vendue or outcry, and sole the same to James McLeneghan, at and for the Sum of Two hundred and Seventy Six dollars (the whole property being Sold for $460.), he being the highest and best bidder and that the highest and best price bid for the Same, which Sale so made he prays may be confirmed by the Court
And now November 17th 1866. The Court confirm the Sale as aforesaid Made and decree the premises and real Estate to him said James McLeneghan his heirs and assigns in fee as fully as he the said Thomas 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.
Joseph Phillips Decd.
Whereas Joseph Phillips late of Fulton township Lancaster County deceased left a widow named Mary A. Phillips and five children two of whome are still in their minority and at the time of his decease he was seized in his demesne as of fee of and in certain Real Estate in Said Township a portion of Which the Administrators have sold for the payment of the debts of the deceased and there yet remains unsold a Small plantation as tract of land of deceased, situated in Drumore Township Lancaster County adjoining lands of Jacob Herr, John Hastings and others containing about fifty acres more or less with the buildings and improvements thereon, upon which there is charged the sum of $1000. the interest of which is to be paid to Rebecca Phillips during her life. And whereas those of the children of said Joseph Phillips deceased who are of full age desire to sell their portion or interest in said Real Estate and the guardian of the minor children of Said deceased intends applying to the Orphans Court of Lancaster County for an order to authorize him to sell the Interest of his Wards in said Real Estate and the whole of them desire the Widow to consent and agree to accept the interest. Of the one third of the Nett proceeds of the sale of said Real Estate as in full of her thirds as dower therein as by so doing un Inquisition and the cost and expense thereof May be avoided.
Now Know all men by these presents. That I Mary A. Phillips the widow of Joseph Phillips deceased, do hereby request the children who are of full age, and the Guardian of the Minor Children of Joseph Phillips deceased, to sell and despose of the Remaining Real Estate of said deceased consisting of a tract of land in Drumore Township Lancaster County adjoining land of Jacob Herr, John Hastings and others and containing about fifty acres with the buildings and improvements thereon without an appraisement or Inquest and I hereby consent and agree to accept and receive the interest of the one third of the Nett proceeds of the sale of Said Real Estate as my dower therein and further request them to have the one third of the Nett proceeds of such sale charged and made a lien upon said Real Estate during my life the interest thereof to be paid me annually during my life, and at my decease said third to be paid to the Heirs and legal Representatives of Joseph Phillips deceased. and when this is so done my dower shall be considered fully fixed and Settled and no further proceedings shall be had or commenced by Me or for me in regard to the Same. Witness my hand and seal this 10th day of November A.D. 1866.
In due form of law the widow Mary A. Phillips acknowledged the foregoing to be her act and deed.
To the Honorable the Judges of the Orphans Court of Lancaster County. The petition of George H. Gallagher of Fulton Township in Said County most respectfully Represents That Joseph Phillips late of Said Township in his lifetime to wit on the 29th day of February A.D. 1860. by a contract in writing bearing date on the day last mentioned a copy whereof is here to annexed and made part of this petition bound himself to sell and convey to your petitioner upon the payment of all the purchase money A lot of land in Fulton Township aforesaid containing one acre neat Measure adjoining the Saml Hill School lot and land of Thomas P. King. Your Petitioner in consideration thereof agreeing to pay the Sum of One Hundred dollars, fifty dollars thereof on the first day then next-ensuing and Fifty dollars the ballance thereof on the first day of April afterwards (1861) as by said Contract will mine fully appear That in pursuance of an arrangement afterwards made with Said Joseph Phillips Your Petitioner went into possession of Said land and built & made improvements thereon and paid to Said Joseph Phillips in his lifetime an account of Said purchase money the Sum of Forty dollars there remaining yet Sixty dollars thereof due and unpaid. That said Joseph Phillips died Intestate in the year A.D. 186_ leaving a widow named _____ Phillips and _____ children but without having made any Sufficient provisions for the performance of Said Contract on his part That after his decease letters of Administration upon his Estate were duly granted by the Register of Wills of Lancaster County unto Sanders McCullough and Jeremiah Brown who are now his Administrators Your Petitioner further represents that he is ready and willing and hereby offers to pay the balance of the purchase money unpaid and to perform the Said contract on his part. He therefore prays the Court to make a decree for the Specific performance of Said Contract according to the law intent and meaning thereof and to authorize and decree the aforesaid Administrators to make a Deed conveying to him the Lot or piece of ground above mentioned. To the facts set forth in the above petition the petitioner was duly affirmed according to law. Copy of Articles of agreement made and concluded by and between Joseph Phillips and George Gallagher both of Fulton Township Lancaster County in the State of Pennsylvania are as follows to wit. The Said Joseph Phillips agrees to Sell and by good and Sufficient Deed assure and convey unto the Said George Gallagher in fee Simple a Lot of land in Fulton Township aforesaid containing One Acre neat Measure adjoining the Laurel Hill School Lot and lands of Thomas P. King reserving to the Said Joseph Phillips all the chestnut Posts and rails on Said Lot or that may be made thereon. In consideration Whereof the Said George Gallagher agrees to pay to the Said Joseph Phillips One Hundred dollars as follows to wit Fifty dollars on the first day of July next ensuing the date hereof and fifty dollars the balance thereof on the first day of April afterwards (1861) at which time (or at any earlier time when all the money is paid the above mentioned Deed will be delivered and full possession given And to the true performance of the above articles the Said parties bind themselves their heirs Executors Administrators and assigns each to the other firmly by these presents. In Witness Whereof the Said parties have hereunto Set their hands and Seals this Twenty ninth day of Feb A.D. One Thousand Eight Hundred and Sixty.
We The Honorable the Judges of the Orphans Court of Lancaster County, The Administrators of the Estate of Joseph Phillips decd to wit Sanders McCullough & Jeremiah Brown Hereby wave the issuing and Service of any citation with Reference to the Matter Contained in the foregoing petition and do hereby come into court and acknowledge the truth & Sufficiency of the facts Set forth in the foregoing petition (the Original Contract being found among the papers of Joseph Phillips decd and now in their possession) and therefore join Said petitioner in asking the Court to decree the Specific performance of the aforesaid Contract according to the true intent and meaning thereof, and to authorize and direct them to make a deed to Said George Gallagher the petitioner for the Real Estate aforesaid upon him paying or Securing to them the ballance of the purchase money remaining. And now March 18th, 1867. The petition being read an presented in Open Court the Court on Motion of J. B. Livingston, Esq. consider and adjudge the facts of the Sufficient in Equity and therefore decree Specific performance of Said Contract as prayed for and it is Ordered and adjudged that the Said Sanders McCullough & Jeremiah Brown Administrators of Joseph Phillips deceased make and duly execute a deed conveying to George Gallagher his heirs and assigns the Said described premises for Such estate and interest as Said deceased had therein and agreeably to the terms of the Contract petition and Conditions of Sale on payment of the purchase money.