Wills: Estate of Hugh DONNELL, 1884: Lower Burrell Twp, Westmoreland Co, PA

Contributed for use in USGenWeb Archives by DJ Donnell Watson; 
transcribed by Janet Donnel. 
   djwatson@uswest.net

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(MEANS ORPHANS COURT)  100

NOVEMBER 7, 1886

DATE OF DEATH 23, SEPT., 1884

NO. 34 TURNEY ESTATE OF HUGH DONNELL DECEASED.  CLK KISTNER  $8.50.  
CLK KISTNER EXEMP OF REE    $5.00,  RECD OCT. 10, 1887 OF WM. ROSS 
TRUSTEE THIRTEEN DOLLARS AND 50 CENTS THE ABOVE COSTS.  Geo. W. 
KISTNER, CLK

To the Hon. James A. Hunter President and only Judge of the Orphans 
Court of Westmoreland County, Pa.  The petition of William Ross 
Administrator of Hugh Donnell late of Lower Burrell Township, 
Westmoreland County, Respectfully represents that the said Hugh Donnell 
lately died intestate, leaving to survive him Collateral heirs as 
follows:

  1. Unity Donnell a Sister, Westmoreland County, Pa.  2.  William 
  Donnell, a brother, Westmoreland County, Pa., 3. Jacob Donnell, a 
  brother, Westmoreland County, Pa. 4. The widow and heirs of John 
  Donnell deceased, a brother,  1. Elizabeth Donnell widow of Allegheny 
  County, Pa., 2. Kennedy Donnell a son, of Allegheny Co., Pa. 
  3. Margaret married to Joseph Tucker of Allegheny Co., Pa, 4. Martha 
  married to Andrew McIntyre of Allegheny Co., Pa. 5.  Margaret Donnell 
  widow of William a son deceased of Chatauqua County, Kansas, 6. John 
  Donnell of Armstrong County, Pa., 7. Morris Donnell of Coffee County, 
  Kansas, and the following grandchildren of John Donnell, deceased.  1.  
  John L. McCallister, Allegheny Co., Pa, 2.  J. Henry Donnell, Allegheny 
  County, Pa., 3.  Mary Ann Monkgomery, Chautauqua Co., Kansas------4. 
  John Donnell, Chautauqua Co., Kansas, 5. Thomas Donnell, Chautauqua 
  Co., Kansas, 6. James Donnell, Chautauqua County, Kansas, 7. Joseph 
  K.Donnell, Chautauqua Co., Kansas, 8. Martha G. Donnell, Chautauqua Co.,
  Kansas, 9.  Henry Donnell, Chautauqua Co., Kansas, 10. Minnie 
  Donnell, Chautauqua Co., Kansas, 11. Margaret Donnell, Chautauqua Co., 
  Kansas, 12. Eliza J. married Asa Durreck, Young County, Texas.      

The children of Patrick Donnell deceased a brother of Hugh Donnell the 
intestate to wit; 1.  Samuel Donnell of Johnston County, Missouri, 2. 
John Donnell of Westmoreland County, Pa. 3. James B. Donnell of Warren 
County, Illinois, 4. William Donnell of Jackson County, Kansas, 5. 
Joseph Donnell, Heirsdale County, Colorado, 6.  Henry T. Donnell of 
Coffee Co., Kansas, 7.  Nancy J. married to J. G. Moore, Warren County, 
Illinois, 8. Margaret Ann married to James Tringle, ...County, Wisconsin, 
9. Mary J. married to Joseph McQuilkin, Blackhawk County, Iowa.  

The petition further represents that the said Hugh Donnell died seized 
in his demesne as of fee of in and to an undivided one half interest in 
a certain tract of land situated in Lower Burrell Township, 
Westmoreland County, Pa., bounded and described as follows NO. 1.  On 
the South and West by lands of R. F. Stewart and James Leslie on the 
North by land of George Cook on the North - East by lands of Mrs. 
Taylor, and on the East-by land of Garvays heirs and Jacob Donnell 
containing one hundred acres more or less.  NO. 2.  Also of in and to 
the undivided one sixth 1/6 part of a certain tract of land situate in 
Fawn Township Allegheny County, Pa. and bounded and described as 
follows;  bounded by lands of James Kennedy, Stewart - Tringle, Joseph 
Painter, heirs of Benjamin Harbison and others containing two hundred 
and sixty acres more or less.  NO 3.  Also of in and to the undivided 
one sixth 1/6 part of a certain tract - of land situate in the County 
of Treble State of Ohio and described as follows; the North West 
quarter of section of thirty two in township nine of range two East - 
of the meridian line and containing one hundred and sixty acres.  
Exhibit "B",  Your petition further represents that the personal estate 
of the said deceased is insufficient for the payment of debts, as well 
appear by a

Second Page   101

... and perfect inventory and conscionable appraisement of all the 
personal estate whatsoever of said deceased, and a just and true 
account of all debts of the said decedent, which have come to the 
knowledge of  your petitioner herewith exhibited exhibit "B", "C", 
"D",  That it is necessary to raise money for the payment of the 
decedents debts out of his real estate, that there is a balance due and 
payable out of the estate on the note of Jacob Donnell, after deducting 
$532.77 amount in administrators hands ... appears by a copy of 
administration account as settled and filed "A", $12,889.23 to which 
is to be added the cost and expense of this proceedings the same being 
a lein on the said real estate, which more .... Apprears by a schedule 
hereunto amended.  Whereupon your petitioner prays the court to make a 
decree authorising him to make public sale of the tract of land situate 
in Westmoreland County, Penna, to pay debts, and also to raise the sum 
of $12,889.23 by making public sale of decedents interest in the tract 
of land elswhere herein more particulary described, situate in Fawn 
Township, Allegheny County, Pa., for the payment of debts and he will 
pray etc.
        William Ross

Westmoreland County SS.

William Ross, administrator of Hugh Donnell deceased, being sworn that 
the facts contained in the foregoing petition are tru to the best of 
his knowledge and belief.
Sworn and subscribed this 6th day of December, 1886 before me F. M. 
Johnston, J.P.
         
"A"

Administration account of William Ross admistrator of Hugh Donnell 
estate of Lower Burrell Township, Westmoreland County, Pennsylvania.

"Dr".

The accountant charges himself as follows to with:
To amount of Inventory filed                    $505.90
To amount of gain on sale of same                134.70
To Amount of Rent received on real estate        
In Ohio rented in decedents lifetime,             24.01
      
                                                $604.62

The accountant claims credit as follows to wit:

Cash paid Philip Remeck acct. per recpt                1.50
Cash paid Jon Ryan jr.      "      "     "             1.50
Cash Paid Leslie & Irwin              app              2.00
"          "    Rowan Bros.                Casket     50.00
" "    H. R. Hunter                Clk                10.00
" "    W. G Johnston  etc.     advg                    2.25
"          "    Vogel & Weinheimer  advg.              3.00
Cash paid  Jno R. Moore              acct per recpt   12.25
"           "    J.Y Woods,                Atty Fee    5.00
"           "   G.W. Kistner,             Clerk        2.50
"           "   Jac Turney                  acct.      5.00
Accts charge for time trouble etc.                    30.00  
Paid register examing passing etc.                     6.85

                                                   $ 131.85

Jacob Donnell holds a Judgement note against Hugh Donnell deceased 
dated the 11th day of Dec. 1884 payable one day after date with 
interest from date for $12,000.00 which is unpaid and no credits.

State of Pennsylvania, Westmoreland County - SS   E.F.. Houseman 
Register of Wills etc. of Westmoreland 

Original Account as filed and settled in my office November 3, 1886 as 
the same remains in my office at Greensburg, Pennsylvania.
Given under my hand and seal of office this 9th day of November 1886
      E. F. Houseman   Registar etc.

"B" - a full and correct exhibit of all the real estate of the within 
named Hugh Donnell deceased so far known, No. 1 - A certain tract of 
land situate in Lower Burrell Township Westmoreland County, Pa, in 
which said decedent died seized of a one undivided half interest 
containing in all one hundred acres more or less.  No. 2. An undivided 
one sixth interest in a certain other tract of land situate in Fawn 
Township Allegheny County, Pa., containing in all two hundred sixty 
acres more or less, No. 3 - an undivided one sixth interest in a 
certain other tract of land situate in Treble County, Ohio containing 
one hundred and sixty acres more or less - all of which tracts are more 
particulary described in the annexed petition.

"C" -a full correct conscionable exhibit of the personal property 
belonging to the estate of said decedent and available for the payment 
of debts, Balanced in the hands of Wm Ross admr. As exhibited by his 
account so settled of the entire personal estate, in the orphans court 
of Westmoreland County ...copy herewith annexed $532.77  

"D" a correct and full statement of debts as far as known Note of Jacob 
Donnell interest from 11 Dec. 1884 $ 12,000.00.

In the Orphans Court of Westmoreland County No Nov. Term 1886 In the 
matter of the application to sell certain real estate in the petition 
of William Ross admin. 
State of Pennsylvania
Westmoreland County, SS  Personally appeared before me Isaac Irwin who 
being sword says that he has knowledge of the property in Westmoreland 
County, Pa and Allegheny County  personal and obtained upon inquiring 
that he believes the sum of Fifteen Hundred Dollars would be a fair 
cash value of the one undivided half of the Westmoreland County tract 
of land and that the undivided one sixth part of the Allegheny County 
farm is reasonably worth the sum of One Thousand dollars in cash to the 
best of his knowledge and belief.
Sworn and subscribed this 6th day of December, 1886 before me F.M. 
Johnston  --J.P.
         Isaac Irwin

And now to wit -Dec. 9th 1886 the petitioner statement and accompanying 
affidavit of William Ross administrator as aforesaid, being presented 
in open court praying for leave to sell certain real estate of said 
decedent and also to raise money to pay debts after a full and careful 
consideration of the same do hereby decree a sale of the real estate 
situate in Westmoreland County, and that he raise the sum of money in 
said petition mentioned by sale of the real estate situate in Allegheny 
County, Pa, the orphans Court of said County  consenting the said real 
estate being petition  and mentioned by sale of the real estate situate 
in Allegheny County, Penna., the orphans court of said County 
consenting the said real estate being more particularly described in 
the said petition and accompanying exhibits, the said William Ross is 
appointed or Trustee to make the said sale as herein ordered sale to be 
public outcry on the respective premises to wit;  on the farm in Lower 
Burrell Township Westmoreland County on Saturday the 15th day of 
January 1887 at 1 OClock P.M. with leave to adjourn from day to day.  
Notice to be given by hand bills posted and by publication in one 
newspaper in Greensburg and it is ordered that the real estate situate 
in Fawn Township Allegheny County Pa be sold at public outcry on the 
premises on Thursday the 20th day of January 1887 at one OClock P.M. 
with leave to adjourn from day to day notice of the sale to be given 
in  by printed handbills publicly posted and by three newspapers 
published in the city of Pittsburg, Allegheny Co., Pa. and that the 
said sales be made on the following Terms to wit:  one half of the 
purchas money in each case be paid cash on confirmation of the sales 
and the balance in each case to be paid in six months from the 
confirmations of the deeds with interest from the date of deeds, the d
eferred payments to be secured by Judgement bonds on the respective 
premises and the court direct that William Ross Administrator of Hugh 
Donnell deed execute the decree before executing the same given bond to 
the Commonwealth in the sum of Five Thousand dollars with William 
Donnell and Jacob Donnell, as his sureties, who are approved by the 
Court conditioned for the faithful execution of of the said trust and 
proper application of all moneys to be raised according to said trust 
and decree Per Curiaue.

William Ross Administrator of the Estate of Hugh Donnell late of the 
Township of Lower Burrell in said county deceased reports that pursuant 
to the within order of Court he did at the time and place therein 
mentioned (having given public and timely notice thereof in one 
newspaper published in said county and also one published in the county 
of Allegheny and also by hand bills affixed in ..... .. more  of the most 
public places in the vicinity of the said estate twenty days or more 
before the day appointed therefor) expose the premises therein 
described to sale by public vendue or outcry and sold the same to Jacob 
Donnell of the county of Westmoreland for the sums as follows viz:  the 
first described property for the sum of Sixteen Hundred Dollars.  And 
the second described propert for the sum of Sixteen Hundred and 
Fifty-dollars he being the highest and best bidder ... that the highest 
prices bidden for the same and I respectfully pray that the sale so 
made may be confirmed by the court.
Westmoreland County - SS     William Ross

William Ross the person named in the above return bring duly sword 
according to law does depose and say hat the facts set forth in the 
above return sworn and subscribed before me this 1st day of February 
A.D. 1887   William Ross
   F. M. Johnston  J.P.  

Feby 12 1887 presented in open court and confirmed misi Per Curiaue.  
Feby 18 1887 no exceptions having been filed sale  confirmed absolute 
and Admr ordered and directed to make execute and deliver to the 
purchaser a deed or deeds upon his compliance with the terms and 
conditions of sale.       Saec. Reg.