Estate Record for Corneilus Drees/Dries/Tries

Albany, died late 1760

Estate file of Cornelius Drees, from Register of Wills office, Reading:

RENOUNCEMENT by widow:

To Register for the Probate of Wills and Granting Letters of Administration of the county of Berks in the province of Pennsylvania:

WHEREAS my husband, Cornelius DREES, lately died intestate, whereby the Administration, by law, devolves on me, but by reason of infirmity thru age and other good causes, I do not incline to concern myself with the administration, I do therefore hereby renounce my right to the said administration and desire that the same may be committed to Jacob TRIES, my eldest son,

IN WITNESS whereof, I do hereby set my hand and seal at Reading the nineteenth day of February, 1761.

SEALED AND DELIVERED:

SIGNED: Catharina (X her mark) TRIES

Jacob TRIES of Albany, blacksmith, eldest son of Cornelius TRIES, yeoman, deceased, Tobias STABELTON and Andreas HAGEBUSH, both of same township, yeomen, were firmly bound in the sum of 800 pounds paid to William Plumstead, Register General, bound themselves on 2/19/1761. (Tobias was Jacob's father-in-law)

First accounting, dated 3/7/1761 showed 200 acres patent land and 95 acres warrant land in Albany township, many farm animals and tools, etc totaling 376 pds, 13 shillings and 6 penny.

Additional receipts submitted 4/25/1761 show additional assets of 77 pds 11s 7p. which came into his knowledge: including debt repayments, 33 bu of wheat sold, cash found in possession of Henry KING, wood for a waggon, etc.

Expenses submitted in 5/9/1761 showed payments first made by him as administrator for the estate on November 2, 1760 to Jacob DONAT and others. Based on this accounting, Cornelius must have died shortly before November 2, 1760.

Others payments were made to:
11/1760 Martin Bernheusel. Johannes Wesner
12/1760 Hanes Hein,
1/1761 Catharine Brauss, Andreas Hagenbush, Peter Knepper
2/1761 - Reg of Wills,
3/1761 - Andreas Hagenbusch
4/1761 - Nicholas Schwenk, Tobias Stabelton, Jacob Hoffman, Michael Breaunnig
5/1761 -Philip Kirschbaum, John Everett, Rev. Conrad Rhein/Rein
James Read, Esq, for drawing and passing this account.

Petition for partition by Jacob Trees on 8/13/1762:

To the worshipful the justices of the Orphan's Court for the County of Berks at a court now held at Reading for the said county:

The petition of Jacob TREESE, the eldest son of Cornelius Treese late of the said county deceased, HUMBLY SHEWETH that your petitioner's father dyed intestate leaving a widow and six children to wit: Jacob, Magdalena, late wife of Jacob TONART, Anna Maria, Barbara, late the wife of Henry KING, Michael and John.

That the said intestate at the time of his death was seized of and in a certain messuage and tenement plantation and tract of land consisting of 295 acres of land, that the said Magdalena, late the wife of Jacob TONART is since deceased, having left issue one daughter, named Barbara TONART, That your petitioner is desirous of having partition be made of the said real estate of the said intestate - WHEREFORE he prays to award an inquest to make partition of the said real estate to and among the children and representatives of the said intestate, if the same can be done without prejudicing or spoiling the said plantation and tract of land and if the same cannot be done that then the said inquest may value and appraise the same and your petitioner be allowed to hold and enjoy the same upon paying unto the other children and representatives of the said intestate their several and respective shares of the said valuation according to the Acts of General Assembly of this Province in such casee made and provided. And said petitioner will ever pray,

August 13, 1762 signed Jacob DRIES

Also on August 13, 1762, Jacob petitioned the Orphan's Court for guardians to be appointed for Michael and John who were minors and under the age of fourteen. The Court appointed Valentine PROBST, guardian, according to the prayer of the petitioner.

Justices at the Court were Francis PARVIN, William MAUGRIDGE, Jacob LEVAN, and Joseph MILLARD, Esquires and Justices of the said Court.

George the third, by the grace of God of Great Britain, France and Ireland, King Defender of the Faith:

To the Sheriff of the County of Berks, GREETING:

Whereas Jacob TREESE, eldest son of Cornelius TREESE, late of the said county, deceased, hath preferred his petition to the Justices of the Orphans Court of the County of Berks at Reading, setting forth, that the petitioner's father dyed intestate about two years ago leaving a widow and issue children, to wit: Jacob, Magdalene, late the wife of Jacob Tonart[ Donart], Anna Maria, Barbara, the wife of Henry King, Michael and John. That the said intestate, at the time of his death, was seized of and in a certain messuage or tenement plantation and tract of land situate in Albany township containing two hundred and ninety-five acres - That the said Magdalene, late the wife of Jacob Tonart is since deceased having left at issue one daughter, to wit: Barbara Tonart. That the petitioner is desirous of having partition made of the said real estate of the said intestate - WHEREFORE praying the Court to award an inquest to made partition of the said real estate to and among the children and representatives of the said intestate, if the same can be done without prejudicing or spoiling the said plantation and tract of land, and if the same cannot be done that then the said inquest may value and appraise the same and the petitioner be allowed to hold and enjoy the same upon paying unto the other children and representatives of the said intestate their several and respective shares of the said valuation according to the Acts of General Assembly of the Province, in such case made and provided. AND IT WAS THEREUPON ADJUDGED by the Court here, that the sheriff of the County of Berks should summon inquest to make partition of the lands and premises aforesaid, or, in case that could not be done without prejudicing or spoiling the whole, to value the same. WE COMMAND you that taking with you twelve honest and lawful men of the body of your County by whom the truth of the matter may be better known, in your proper person you go to the plantation and tract of land and premises and all and singular all the lands of the said Cornelius TREES, deceased, within your County, and there by their oath or affirmation the said plantation and tract of land and premises and all and singular other the lands of the said deceased within your county with the appurtenances you cause to be divided, or, in case that cannot be done without prejudicing or spoiling the whole, as aforesaid, to be valued, regard being had to the Dower of the widow of the said deceased. And that the division or valuation which you shall so make you distinctly and openly have, before the judges of the Orphans Court of the County of Berks at an Orphans Court to be held at Reading in and for the said county the twelfth day of November next, under your seal and the seals by them whose oath or affirmation you shall make that division or valuation and have you there then the names of them by whose oath or affirmation you shall make that division or valuation and this WRIT.

Witness Francis Parvin, Esq at Reading the thirteenth day of May in the third year of our reign.

Signed: James Read.

In August 1, 1762, the Sheriff, Henry CHRIST, Esq., took twelve men to the site of the property and valued it at 595 pounds lawful money of Pennsylvania, subject to widow's Dower.

The twelve men were: John DUNCKEL, Michael BLATNER, Andreas WENNER, Christian HAUSKNECHT, John HEIN, and Henry SCHWENCH, who took the oath; and Peter MERCKEL, Valentine PROPST, Jacob LEYBY, William STUMP, Andreas HAUGENBUSH, and George KREMER who solemnly affirmed.

In Feb 9, 1763, Jacob DRIES submitted a second accounting for the estate: This shows and original account was submitted 5/9/1761 showing assets totaling 179pds 14s 7p

Nov 27, 1761 - that he charges himself with sundry articles omitted from the inventory of the former account:

RECEIPTS:

a stack of wheat sold at public vendue to Catharine Tries, widow - amt 26pds, 6shillings, 6 pence
a stack of rye sold at public vendue to Tobias STAPLETON - value 22 pds, 10s and 5p
A baking iron - 6s 7p
small axe - value 5s
various other - value 4 s
total 49pds 12s 6p

EXPENSES:

7/4/1761 - sundry persons for reaping the rye: 4pds2s7p
same for wheat - 3pds15s 4 1/2 p
hawling rye - 3days with waggon and 2 men - 1pd 16s
hawling wheat - 2 days with 2 men - 1 pd 4s
cash paid to Edward BIDDLE, as per rec - 1 pd 10s
cash paid cryer - 4 s
cash paid Henry CHRIST, Esq. Sheriff, for serving writ of valuation, making return, summoning jury and their wages - 3 pds18s4p
Food and rum for the reapers - 4 pds 15 s
for drawing this account - 7 s 6p

TOTAL: 21pds 12s 9 1/2 p

In March 26, 1763 the accounting of 2/1763 was added to the 5/1761 account showing a total of 229 pds, 7 shillings and 1 pence.

In 5/13/1763, Jacob TRIES, administrator of goods and chattels of Cornelius TRIES, late of Albany, yeoman, who dyed intestate filed a petition:

That the petitioner has his accounts of the Administration of the personal estate of the said deceased into the Register General's Office at Reading, wherein he charges himself with the sum of two hundred and twenty-nine pounds, seven shillings and one penny, and prays allowance for his disbursements and lawful charges against the said estate for the sum of fifty-four pounds four shillings and two pence, so that there remains a balance in his hands of one hundred and seventy five pounds two shillings and eleven pence as by the account aforesaid herewith produced to your Honour appears.

That the said Cornelius TRIES left a widow, Catharina (who renounced her right of the Administration of the estate aforesaid, in favour of your Petitioner, and had issue six children, to wit: your petitioner, Michael, John, Magdalena (who dyed before the said intestate, but was intermarried with Jacob DONNERT[DONART], who is yet alive, by whom she had one daughter); Anna Maria, and Barbara (who is deceased, but was intermarried with Henry KING, who is still living, by whom she had issue two children), and that your petitioner is desirous the residue of his accounts aforesaid may be lawfully distributed. He therefore humble prays your Honour to order the distribution thereof - and he will pray &c:

SIGNED: Jacob DRIES

Also on 5/13/1763, Michael TRIES, son of Cornelius TRIES, late of township of Albany in said County of Berks, yeoman, deceased petitioned the court for a guardian, that he was between age 14 and 21 and has no guardian to take care of his person and estate, and asked a guardian to be appointed.

NOTE: The file does not show who was appointed guardian for him or why Valentine PROBST, who had been appointed in August 1762, was no longer the guardian.

The file also does not show outcome of the land that Cornelius had. But assume it went to Jacob since the 12 men said it could not be partitioned.

Submitted by Diana.


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