Wills: Estate Papers of Valentine Wertz, 1839: Napier Twp, Bedford Co, PA

Contributed for use in USGenWeb Archives by Jeff Rinscheid, Rhonda Neibauer, Nancy
Peche, Carson Brown, Eilene Moore, and other Wertz researchers.
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WRIT OF PARTITION ON THE ESTATE OF VALENTINE WERTZ, LATE OF NAPIER TOWNSHIP,
DECEASED (Orphans Court Docket Book 8, page 514):

Bedford County.  The Commonwealth of Pennsylvania.  To the Sheriff of Bedford
County, Greetings:

Whereas at an Orphans Court held at Bedford in and for the said County of Bedford on
the 3rd Monday of April 1839 before the Honorable the Judges of the Same Court.

The petition of David Patterson, in right of his wife Elizabeth Ann, late Elizabeth
Ann Wertz, Hannah Metzger, late Hannah Wertz, widow and relich of Marcus Metzger
deceased, William Work in right of his wife Rebecca, late Rebecca Wertz, Sarah Wertz
and Valentine Wertz and David Patterson, guardian of the minor children of Mary Ann
Metzger, deceased, late Mary Ann Wertz, heirs and legal representatives of Valentine
Wertz late of Napier township Bedford County deceased, was present setting fourth
that the said Valentine Wertz died Intestate, leaving issue the above named heirs,
that he died seized in his demesne as of fee of and in the following Real Estate, to
wit: one tract of land, (Patented) situated in the Township & County aforesaid,
containing one hundred and sixtry one acres and three quarters adjoining George
Mullin, William Kerr and others - one other tract of patented land situate as
aforesaid and Containing about two hundred and twenty acres (it being the mansion
tract) adjoining George Mullin, John Reynolds and others and one other tract of land
situated in the township & County aforesaid granted on a warrant for fifty acres
dated 10 March 1794 and praying that an Inquest should be awarded to make partition
thereof to and among the heirs and legal representatives of the said Valentine Wertz
deceased in such manner and such portions as by the laws of this Commonwealth is
directed if such partition can be made without prejudice to or spoiling the whole
thereof, but if such partition could not be so made then to value & appraise the
same & make return of their proceedings according to law.  And the said Inquest as
awarded agreeabley to the prayer of partitioners.

We therefore Command you that taking with you twelve free and lawful men of your
Bailiwick you go to the tracts of land and premises and there upon their oaths and
solemn affirmations in presence of the parties and in the presence of the Guardian
of such as are minors by you to be warned (if upon being warned they will be
present) the aforesaid tracts of land and premises with the appurtenances having
respect to the true value thereof into six equal parts you cause to be parted and
divided without prejudice to or spoiling the whole thereof and one of the said equal
parts unto the said David Patterson and Elizabeth his wife in right of the said
Elizabeth, one other of the said parts unto the said Hannah Metzger, widow, one of
the said equal parts unto the said Sarah Wertz, one other of the said equal parts
unto the said Valentine Wertz, one other of the said equal parts unto the said
William Work and Rebecca his wife in right of said Rebecca, and one other of the
said equal parts unto the siad David Patterson Gurardian of William, Isiah, Mary
Jane and Jackson Metzger, minor children of the said Mary Ann Metzger dec'd, late
Mary Ann Metzger, in right of the said Mary Ann, to hold to them in severally you
assign and deliver.  But if the said inquest cannot make such partition of the said
tracts of land and premises aforesaid without prejudice to or spoiling the whole
thereor then that you cause the said Inquest to inquire whether the said tracts of
land and premises with the appurtenances will accommodate two or more of the said
heirs and lineal descendants without prejudice to or spoiling the whole, and if they
do so find that they ascertain how many of the said children & lineal descendants the
same will accommodate describing each share by mets and bounds and make a just and
separate valuation and appraisment thereof.  But in case any such partition cannot
be made of the tracts of land and premises aforesaid without prejudice to or
spoiling the whole thereof that then you cause the said Inquest to value and
appraise the whoe together and undivided.

And that that partition or valuation so made you distinctlyand openly have before
our Judges at Bedford at our Orphans Court there to be held the fourth Monday of
August next under your hand and seal andunder the hands and seals of those whose
oaths or solemn affirmations you shall have made that partition and valuation.

Witness the Honourable Alexander Thomson Esquire President of our said Court at
Bedford the Twentieth day of April Anno Domini one thousand eight hundred and thirty
nine.

                                                Jos. B. Noble, Clerk
                                                Orphans' Court