Bedford County, Pennsylvnia--Orphan Court Records--John Cockley
Contributed for use in USGenWeb Archives by Jeff Rinscheid,
jrinscheid@lucent.com (Copied verbatim as best as I could make it out!)
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January Court, 1813, Bedford County, Page 342
To the Honourable Jonathan Walker Esquire president and his associates,
Judges of the Court of Common Pleas in & for Bedford County, now composing
an orphans Court in & for aid County of January Term Anno Domini 1813. The
petitions of John COCKLEY one of the children and legal representatives of
David COCKLEY late of York County in the Commonwealth of Pennsylvania
deceased; Humbly showeth that your petitioners said father lately died
Intestate, leaving a widow, to wit Elizabeth COCKLEY, and issue seven
children, to with, Catharine, Susannah, John, your petitioner, David,
Elizabeth, Mary, and Jacob, and that the said intestate died seized in his
demise as of fee, inter alias, of and in a certain plantation and tract of
land situate in Greenfield, formerly Woodberry Township, in the County of
Bedford aforesaid, surveyed on a warrant in the name of George STIGLEADER
bounded by lands of James REED and others and containing one hundred and
two acres and forty perches and allowance. Your petitioner therefore
humbly prays your honours 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 the while, but if such partition cannot be made,
thereof as aforesaid, then to enquire how many of the said Children and
Representatives the same will accommodate, and if the said Inquest should
find that the said tract of land will accommodate more than one of the
Heirs of said Intestate, then to make partition thereof accordingly,
together with a just and true valuation of each share. But if the said
Inquest should find that the said tract cannot be so divided as to
accommodate more than one of the said Children & Heirs, without injury to
or spoiling the whole, then to make a just and true appraisement and
evaluation of the said tract of land with the appurtenances, and make
return thereof to the rest? Orphans Court and your petitions as in duty
bound will pray for.
John COCKLEY
January 4th 1813 petitioner heard and Inquest award by the Court.
Dellanne Clk
Feb 12th 1813 write issued.
Bedford County of the Commonwealth of Pennsylvania to the Sheriff of
Bedford County. Greeting: Whereas John COCKLEY one of the Children and
legal representatives of David COCKLEY, late of York County in the
Commonwealth of Pennsylvania, died on the fourth day of January in the year
of our Lord one thousand eight hundred and thirteen, presented a petition
to our Judge of the Orphans Court setting fort that said petitioner's
father lately died Intestate seised in his demise as a fee inter alia of
and in a certain plantation and tract of land, situate in Greenfield
formerly Woodberry Township in the County of Bedford aforesaid surveyed on
a warrant in the name of George STICKLEADER, bounded by lands of James REED
and others containing one hundred and two Acres and forty perches an
allowance, That the said Intestate left a Widow to wit, Elizabeth COCKLEY
and issue seven Children to wit Catharine, Susannah, John (your petitioner)
, David, Elizabeth, Mary, and Jacob, and paying the Court 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 such
proportions as by the Laws of this Commonwealth is directed of such
partition can be made without prejudice to or spoiling the whole thereof
and if such partition cannot be made without prejudice to or spoiling the
whole thereof then to enquire whether the same can be so divided as to
accommodate two or more of the said children and representatives without
prejudice to or spoiling the while and if the so find that they ascertain
how many of the said children the same will accommodate discreting each
prupart by mates and ____ and making a just separate valuation and
appraisement thereof and the same cannot be so divided without prejudice to
or spoiling the whole as aforesaid, the to value and appraise the whole
undivided according to the act of Assembly in such case made and provided.
And the said Inquest awarded by the said Court agreeably to the to the
prayer of the said petition. We therefore command you that taking with you
twelve honest and lawful men of your Baliwick you go to the land and
premises aforesaid, and theirby their oaths or solemn affirmations in the
presence of the parties aforesaid by you to be named (if upon being warned
they will be present) the said plantation and tract of land with the
appurtenances having respect to the true value thereof into seven equal
parts you cause to be parted and divided, and one of the said Equal parts
unto the Catharine, on e other of the said equal parts unto the said
Susannah, one other of the said equal parts unto the said John, one other
of the said equal parts unto the said David, one other of the said equal
parts unto the said Elizabeth, one other of the said equal parts unto the
said Mary, and one other of the said equal parts unto the said Jacob. To
hold to them in severalty you assign and delivery. And that immediately
afterwards you cause full seizure of Equal third parts of the said premises
to them the said Catherine COCKELY, Susannah COCKELY, John COCKLEY, David
COCKLEY, Elizabeth COCKLEY, Mary COCKLEY, and Jacob COCKELY to be divided
to the said Elizabeth COCKLEY (widow of David COCKLEY, decd) as and for her
dower in the same real Estate for the term of her natural life. But if the
said Inquest cannot make such partition of the tract of Land and Premises
aforesaid without prejudice to or spoiling the whole thereof, that then you
cause the said Inquest to enquire whether the said tract of land and
premises will conveniently accommodate two or more of the said Children and
legal representatives without prejudice to or spoiling the whole thereof
and if the de so find that they ascertain how many of the said Children the
same will accommodate discreting each share by mites and bounds and make a
just and separate valuation and appraisement thereof. But in case any such
partition cannot be made of the tract of land and premises aforesaid
without prejudice to or spoiling the while thereof, then you cause the said
Inquest
to value and appraise the whole of the said tract of land and premises with
the appurtenances undivided. And that partition or valuation so made you
distinctly and openly and appenly? Have before our Judges at Bedford at
our Orphans Court the to be held the first Monday of April next under your
hand and seal and under the hands and seals of those by whose oaths or
affirmations you shall make that partition of valuation. And have you then
there this Writ Witness. Jonathan WALKER, Esquire, president of said Court
at Bedford the fourth day of January, Anno Domini one thousand eight
hundred and thirteen.
David MANN, Clk
To the Justice within named, I do hereby Certify that by virtue of the
within Writ to me directed having first duly warned the parties, I took
with me twelve free honest and lawful men of my bailiwick and thereby their
oaths and affirmations have valued and appraised the land and premises in
the said writ mentioned. So answers
J. L? MORRISON?, Shff
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Inquisition Indented and taken at the dwelling house of Nicholas BURK in
Greenfield Township, Bedford County, the second day of March in the year of
our Lord one thousand eight hundred and thirteen before Joseph L. MORRISON,
high sheriff of Bedford County by virtue of a Write of Partition or
Valuation to him directed and to this Inquisition annexed and by the oaths
and affirmations of Nicholas MCGUIRE, John BOYERS, Michael BRANUFF, John
STIFFLER, Stephen DELANCEY, John JUSTIC, Peter McGRAW, Edward McGRAW,
William LIVINGSTON, Richard SHIRLEY, Esq, Patrick SHIRLEY, and Abraham
BOLINGER (BULGER?), twelve free honest and lawful men of his bailiwick who
upon their oaths (didn't have rest of this page to transcribe)
Page 367
5th April 1813 On motion the Court grants ___ on the heirs & legal
representatives of David COCKLEY late of York County in the Commonwealth of
Pennsylvania, decd to appear at an Orphans Court to be held at Bedford for
the County of Bedford on the first Monday of August next, and accept or
refuse to take at the valuation the real estate of the said David COCKLEY
decd viz a tract of land situate in Greenfield (formerly Woodberry)
Township in the County of Bedford. Surveyed on a warrant in the name of
George STICKLEADER bounded by lands of James REED & others containing one
hundred and two acres and forty perches & allowance, which was appraised in
pursuance of an order of the Orphans Court of Bedford County to the Sheriff
of said County for that purpose directed. And the Court directs that a
copy of this rule be published in the Bedford Gazette and York Recorder for
the span of one month previous to the first Monday of August next.
Page 383
August 2nd, 1813 In the case of the estate of David COCKLEY, decd, John
COCKLEY, eldest son of the intestate appeared in open Court, and accepted
of the land at the valuation same day on motion the Court decree that the
land , or real estate, of David COCKLEY, decd, which was appraised by the
Sheriff of Bedford County the 2nd day of March 1813, in pursuance of a Writ
of partition or valuation to him for that purpose directed, __ to and be
vested in the said John COCKLEY and be possessed and enjoyed by the said
John COCKLEY, his heirs and assigns in severally as fully and for such
estate as the Intestate had held the same. He the said John COCKLEY
entering into a recognizance in $300 and one security in $200 to be
approved of by the Orphans Court, for the faithful paying over to each of
the other heirs of the said Intestate, their respective shares or purparts
of the said estate - as follows: to wit, one third to be retained in the
hands of the said John COCKLEY until the death of the widow of the said
intestate, and to be a lien on the land, he paying her t he interest of the
same annually during her natural life, and immediately after her death to
be paid to the respective heirs. The remaining two thirds to be paid in
two equal payment, one thereof in three months, and the other in six months
without interest. Same day James U. RUFSELL approved of by the Court as
security for John COCKLEY.
August 3, 1813 Came into Court John COCKLEY and James U. RUFSELL and
acknowledged to owe & stand indebted to the Commonwealth for the use of the
heirs of David COCKLEY late of York County decd as follows, viz, The said
John COCKLEY in the sum of three hundred dollars & the said James U. RUFSE:
in the sum of two hundred dollars. Conditioned that the said John COCKLEY
shall abide the decree of the Court above stated and pay over the money
agreeable to the said decree to the persons entitled receive the same.
Acknowledged in open Court the same day.
Dell Ann Clk John COCKLEY
J. U. RUFSELL
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Deed Book IJ Page 597-599, No. 04202: COCKLEY to BURD (in 1815)
This Indenture made the third day of April in the year of our Lord one
thousand eight hundred and fifteen between John COCKLEY of Manchester
Township in the County of York and State of Pennsylvania of the one part
and Nicholas BURD of Greenfield Township in the County of Bedford and State
aforesaid of the other part. Witnesseth that the said John COCKLEY for and
in Consideration of the sum of two hundred and seventy five dollars Lawful
money of the United States to him in hand will and truly paid by the said
Nicholas BURK at and before the ensealing and delivery hereof the receipt
whereof he doth hereby acknowledge and therewith being fully satisfyed hath
granted bargained and sold a liened enfeoffed and Confirmed and by these
present doth fully freely and absolutely grant braing and self enfoff and
Confirm unto the said Nicholas BURK and to his heirs and assigns all that
the hereafter described tract of Land situated Lying and being in the
township of Greenfield in the County aforesaid formerly Woodberry called
George's Hope bounded and described as follows to wit Beginning at a white
oak then by land of James REED south fifty eight perches to a dogwood then
by vacant Land south sixty seven degrees west seventy perches to a white
oak south eighty nine degrees and a quarter west one hundred and forty
three perches and ___ to a post north sixty four degrees west forty perches
to a white oak, north forty perches to a post by a white oak north seventy
four? Degrees east eighty perches to a post, South twenty degrees east
twelve perches to a chestnut oak, east sixty perches to a chestnut oak,
south forty degrees East forty two perches to a Chestnut oak and south
eighty one degrees East seventy one perches to the place of beginning
Containing one hundred and two acres and forty perches and the usually
allowance by the same more or less. IT being the same tract of Land which
the Commonwealth of Pennsylvania by patent date the 20th day of October
A.D. 1796 did grant and conform ___ George STIGLEADER in fee as by the said
patent ____ in the land Office for the State of Pennsylvania in patent
Book Nr. ____ Page 382) may appear another said George STIGLEADER by his
indenture noted the 26th day of October 1796 granted and conveyed the same
to a certain Henry PENTZ in fee and the said Henry PENTZ and Catharine his
wife by their indenture date the 30th day of March A.D. 1802 granted and
conveyed the same to a certain David GACKLEN or COCKLY in fee and the said
David GACKLEN being so seized thereof died intestate and on the 4th day of
January A.D. 1813 John COCKLEY oldest son of the said David presented his
Petition to the Orphans Court of Bedford County for partition valuation of
said tract of Land whereupon such proceedings were had in the said Court
that on the 2nd day of August A.D. 1813 the said Court ordered and decreed
that the title to said Land should pass to and be vested in the said John
COCKLEY party hereto as by the records of the said Court at Bedford may
more fully appear, together with all and singular the buildings and
improvements thereon made or erected profits commodities advantages
emaluments (?) hereditaments and appurtenances whatsoever to the said
described tract of Land belonging is in any ___ apportioning(?) And the
____sions remainders rents issues and profits thereof also all the estate
right title interest use professions property Claim and demand whatsoever
of him the said John COCKLEY in Law or Equity or other wise ___ forever of
into or out of the said described tract of Land belonging or in any part
thereof together with all true Copies of deed evidences and writing
touching and concerning the hereby granted premises or any part or parcel
thereof to be had and taken at the costs and Charges of the said Nicholas
BURK his heirs and assigns to have and to hold the said tract of Land as
above described and the premises hereby granted mentioned or intended so to
be with the appurtenances unto the aforesaid Nicholas BURK his heir and
assigns forever to his and their only proper use benefit and he of
(?)and to and for no other use intent meaning or purpose whatsoever and the
said John COCKLEY for himself and his heirs doth Covenant promise grant and
agree to and with the said Nicholas BURK his heirs and assigns by these
presents that he the said John COCKLEY and his heirs the above described
tract of Land hereby granted bargained and sold with the appurtenances unto
the said Nicholas BURK his heirs and assigned against him the said John
COCKLEY and his heirs and all and every other person and persons whomsoever
legally claiming or to claim the same or any part thereof by from or under
him shall and will ____ and forever defend. In testimony whereof the said
John COCKLEY hath hereunto set his hand and affixed his seal the day and
year first above written.
John COCKLEY (seal)
Sealed and delivered in the presence of
Ch___ REILEY James M. RUSSELL
Received on the within indenture of therein named Nicholas BURK the sum of
two hundred and seventy five dollars in full for the consideration money
above mentioned. John COCKLEY
Witness
C_ REILEY
Bedford County, __Be it remembered that on the third day of April Anno
Domini one thousand eight hundred and fifteen before me the subscriber one
of the Justices of the peace in and for said County personally appeared
the above named John COCKLEY and acknowledged the above indenture to be his
act and deed to the intent that the same might be recorded as such.
Witness my hand and seal the same day.
Christopher REILEY (seal)
Record the 3rd day of April A.D. 1815. David MANN, Recorder