To the Honorable the Judges of the Orphans County of the County of Berks:
The petition of Benjamin Schmeck, of the township of Muhlenberg, in the county of Berks, Respectfully showeth: - That John Schmeck, late of the township of Muhlenberg, in the said county , Farmer, died in Muhlenberg township, in the county afore said, on the sixteenth day of February A.D. one thousand eight hundred and sixty-seven: and sometime prior to his decease, to wit, on the twenty-eighth of December, A.D. one thousand eight and forty four, made his last will and testament, wherein and whereby he gave, devised, and bequeathed as follows: -
And what concerns my worldly estate consisting of a Farm, and House and Lot of Ground in said Alsace township, and county of Berks I bequeath and give unto my beloved wife Maria, all my personal and real property, to wit:- the income thereof as long as she lives upon the condition that she bears my name so long, or does not marry. Should she change my name or should she marry, then she shall have seventy-five cents for her portion. After her death or marriage, my son Benjamin shall have the income of my worldly estate for one year to his own use, and after the lapse of the year, it shall be appraised, and my son Benjamin shall have the preference to accept the same at the appraisement provided he considers it to his advantage, if not, then it shall be sold at public vendue. Should my son Benjamin accept the same,then he shall have two years time to pay it. The money realized out of my estate shall be divided as follows: I give to my two sons for their stock beforehand, to wit, to Benjamin, three hundred and fifty dollars, to Adam, three hundred dollars. Further, the remainder shall be divided into six equal shares, among my two sons and four daughters, to wit, Adam, Benjamin, Eliza, Eleonora, Catharine and Maria. And lastly, I Nominate my Beloved wife Maria, and my son Benjamin, executors of this my last will and testament.
Which said last will and testament, containing (among other thing the aforesaid devises and bequests was duly proven before the Register of Wills, for the County of Berks, on the twenty-fifth day of February A.D. one thousand eight hundred and sixty-sven.
Your petitioner further shows that the said John Schmeck died, leaving no widow, his said wife having died during his lifetime, but leaving the aforesaid five children, to wit, Benjamin Schmeck residing in Muhlenberg Twp.) Adam Schmeck, (residing in Farifield County and the State of Ohio.) Catharine, married to Adam Potteiger,( residing in Cumru township and the county of Berks, aforesaid,) Eliza, married to John Fisher, (residing in Muhlenberg township aforesaid,) and Maria widow of George Fox, deceased, (residing in Muhlenberg township aforesaid,) and three grandchildren, being the children of the aforesaid Eleonora Fox, who died during the testator's life-time, to-wit, John Fox, (residing in Warren County and the State of Indiana,) Mary, married to James Hornberger,(residing in the city of Reading and county of Berks, aforesaid,) and Catherine, married to Joseph Auchenbach, (residing in the city of Reading aforesaid,) seized in his-demesne as a fee of and in the following described real estate, to wit:-
All that certain Massuage or Tenement, Plantation and Tract of Land, situate in the township of Muhlenberg, in the county of Berks, aforesaid, adjoining lands of E Jonathan Deininger, George D Davis, John Schmidt, Daniel Shepp, The Schuylkill Navigation Company, and the river Schuylkill, containing fifty-six acres and forty perches, neat measure, with the appurtenances:
Also-A certain House and Lot of Ground, situate in the township of Muhlenberg in the county of Berks aforesaid, adjoining lands of George D Davis, George R Frill, David M Knight and James Millholland, Paul Blessing and John Schmidt, containing four acres more or less with the appurtenances.
Your petitioner therefore prays, that your Honors award an inquest to value and appraise the premises aforesaid in such a manner as by the said will and the laws of the Commonwealth is directed, and make return of their proceedings according to law, and, as it is duty bound, te.,
Benjamin Schmeck
Berks County, ss.
Benjamin Schmeck, the above named petitioner being duly sworn according to law doth depose and say that the facts set forth in the forgoing petition are true to the best of his knowledge and belief.
Benjamin Schmeck
Sworn and subscribed before Me this fifth day of October, A.D. one thousand eight hundred and sixty-seven.
Washington Richards
Alderman
Submitted by Michelle.
Last Modified