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1789 Berks County, PA

Orphan's Court Inquisition

 

A wonderful document in which Elias Retge (Elias Redcay Jr, 1744 - 1829) requests that the court determine if land owned by his father Elias Redtge (Elias Redcay Sr, 1716 - 1786) who died intestate (without a will) can be divided equally between his heirs without damage to the value of the land as a whole. If the land can not be divided they are asked to assign a value to the land so the heirs can receive their fair share in the form of money. 

Some of the signators include:

 

General Jacob Bower 

as High Sheriff

(1757 - 1818)

 

Henry Christ

(Johann Heinrich Christ)

as Justice of the Court

(1721 - 1789)

 

Colonel Nicholas Lotz (Lutz)

as one of the "Twelve honest and lawful men"
(1740 - 1807)

 

Isaac Feather

as one of the "Twelve honest and lawful men"
(1753 - 1836)

 

 

 

 

Berks County, SS.

The Commonwealth of Pennsylvania, to the Sheriff of the county of Berks, greeting, WHEREAS
Elias Retge only son of Elias Retge ---------------
Late of the township of Cumru ----------- in the county of Berks,
deceased, on the twenty fifth - day of March AD 1789 --- preferred a petition to the justi-
ces of the Orphan's Court, of the county aforesaid; setting forth that the petitioner's said father lately died intestate,
seized in his demesne, as of fee, of, and in certain messuage, Plantation, and tract of land --
situate, lying and being in the township -- of Cumru --- in the said county bounded by land of David
Eschelman, Joseph Bowman, George Gephart, & others Containing one hundred & thirty acres or thereabouts be the same more or less, and leaving a widow (to wit) Rosina, and the Petitioner
his only son, Barbara the wife of John Kendel, Mary the wife of Godlieb Christein, Catharina
the widow of Christian Kraus deceased, and Peter, John, and Cathatina minors under twenty one
years the grand children of the said Elias Retge deceased by his Daughter Elizabeth deceased formerly
the wife of Frederick Rap.

AND THEREFORE praying the court to award an Inquest to part and divide the said Real Estate, to, and among the said Children if the same can con-
veniently be done, without prejudice to, or spoiling the whole; and if same can not be down without Prejudice to, or spoiling the whole, then further
praying the Court, to order the said Inquest to value and appraise the same, according to the directions of the acts of the general assembly of the
state of PENNSYLVANIA, in such (Illegible) made and provided, and the said court have thereupon awarded an Inquest to
the Purpose aforesaid, YOU ARE THEREFORE COMMANDED, that taking with you, twelve honest & lawful Men of your Bailiwick, you go to
the said Real Estate -----------------
situate in Cumru Township --- aforesaid, and there by their Oath or Solemn Affirmation, in the Presence of the Parties by you to be
warned, (if upon being warned, they will be present) the said messuage, plantation, tract of land
------ whereof the aforesaid Elias Retge --------- died seized Intestate, having Respect to
the true Value thereof, to and among the said Parties, you cause to be parted and divided, if that Partition or Division can be made without Prejudice to,
or Spoiling the whole thereof; and to each and every of the Children of the said Intestate, their respective Shares therein according to Law; TO HOLD
to them in severalty, you assign and deliver, &c. BUT if the said Inquest can not make the said Partition or Division of the said Real Estate -
----------------------- without Prejudice to,
or spoiling the whole thereof, that then you cause the said Inquest to value and appraise the said messuage, plantation & tract of land
------------ whereof the said Elias Retge ---------------
died seized. AND that, that Partition or Valuation so made, you distinctly and openly have before the Justices at Reading, At an Orphan's Court, there
to be held the ninth ----- day of June next ---- UNDER your Hand and Seal, and under the Hands and Seals of those, by
whose Oath or Solemn affirmation, the same Partition or Valuation shall be made. AND have you there then this Writ; WITNESS Henry
Christ --------------------- Esquire at Reading, the twenty fifth - day of March -
in the Year of our Lord, One Thousand Seven Hundred and eighty nine

by order of the court
Henry Christ 

 

 

INQUISITION Indented and taken at the township
of Cumru in the county of Berks and state of Pennsylvania
the twenty sixth day of March - in the year of our Lord one thousand
seven hundred and eighty nine; Before Jacob Bower Esquire
High Sheriff of the county aforesaid, By Virtue of a Writ from the
Orphans Court to me directed and to this Inquisition Annexed;
by the oath of Nicholas Lotz, Nicholas Dick, Godfrey Baker, John Fry,
Christian Barranstin, Isaac Feather, George Merkel, John Zerby, George "Blanke-
beeles"(SP, Nicholas Mosser, Peter Hoshar, & Solemn affirmation of George Thephart____
Twelve honest and lawful men of the said county, upon their oath
and solemn affirmation respectively do say that they went to the
Real Estate or lands and tenements in the said writ mentioned
whereof Elias Retaay (sp) in the said writ mentioned died seiz'd
and then and there did find that the same could not be parted
and divided to and among the parties in the said writ named
without prejudice to or spoiling the whole thereof; Therefore
they have valued and appraised the said real estate or
lands and premises with the (illegible) at three
Hundred pounds -------- in gold or silver coin 
now current in Pennsylvania Subject to all monies, In-
trest or encumbrances now due as recoverable for the same
premises. In Testimony whereof as well the said sheriff as the
Inquest aforesaid have hereunto interchangeably set their hands and
seals the day and year aforesaid. --------------- 

To The Justices within Named
I do hereby certify that by virtue of the within writ to me
directed I have taken with me twelve honest and lawful
men of my Bailiwick and went to the messuage or tenement 
and tract of land and all and singular the premises within
mentioned whereof Elias Retge the intestate in the within writ
named died seiz'd and on their oath and solemn affirmation 
(Illegible) finding that the same could not be parted and
to and among the parties as within mentioned, and
therefore have valued and appraised the same as by the within
writ I am commanded - The residue of the execution 
of the within writ appears by a certain inquisition hereunto 
amended----

So answers
J Bower, Sheriff
(Jacob Bower)

 

 

Writ R 1789
Parting or valuation of the Real Estate
of Elias Retge deceased
Retble June 9, 1789

Present:
Henry Christ
James Diemer
John Otto

Esqs. Justices

The court confirm the valuation
within mentioned to remain
firm forever, and adjudge the
said real estate to Elias Retge
only son of said deceased, to him
his heirs & assigners forver
and the court approve of Jacob Lee-
thiser and Jacob Stele as sureties
for the payment of the other children's
share, first payment to be made
in one year after the above
date, and the second after the widow's
decease


Bond to be delivered the 8th of
August next ---
 

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