Filed Oct. 20, 1883
And now to wit, Oct. 20, 1883. The within petition having been presented and read, the court, on motion of Frank R. Schell, appoint William Wolf Sr., Jeremiah Glass and Henry Fry commissioners to make partition as within prayed for. Returnable the next Orphans' Court day Nov. 24, 1883.
By the court
Hiram H. Schwartz
Judge O.C.
To the Honorable the Judge of the Orphan's Court for the County of Berks.
The petition of the subscribers, heirs and legal representatives of Joseph R. Lacey late of Robeson township Berks County Pennsylvania deceased respectfully represents: That the said Joseph R. Lacey died on the ___ day of ___ A.D. 1863 intestate leaving issue three children to wit: George W. Lacey, James Ellsworth Lacey and Samuel F. Lacey since deceased leaving one child Annie, a minor who has for her guardian Jacob Wolf and that the said intestate died seized in his demesne as of fee of and in the following described real estate to wit: all that certain messuage, piece or lot of ground situate in Robeson township county and state aforesaid. Beginning at a planted stone a corner of Jeremiah Rhoads' land thence by the same south 28 3/4 degrees east 38 4/10 perches to a heap of stones, thence by land of E. & G. Brooks north 49 1/2 degrees east 8 perches to a post, thence by other land of John F. Geiger the three following courses and distances north 19 3/4 degrees west 18 8/10 perches to a station in the middle of the public road leading from Beard's hotel to the Friends meeting house thence along said road south 89 degrees west 5 3/10 perches to a fence post thence north 24 1/4 degrees west 18 5/10 perches to a post in a line of Ellen B. Lewis' land thence by the same south 57 degrees West 8 perches to the place of beginning. Containing one acre and 156 perches neat measure be the same more or less. Your petitioners therefore pray the court to appoint and order William Wolf, Sr., Jeremiah Glass and Henry Fry, commissioners (who have been chosen by your petitioners for that purpose) to make partition of the premises aforesaid to and among the children and representatives of the said intestate in such manner and in such proportion as by the laws of this commonwealth is directed, if such partition can be made without prejudice to or spoiling the whole; but if such partition cannot be made thereof as aforesaid then to value and appraise the same and make report of their proceedings herein according to law. And they will ever pray &c.
George W. Lacy
James E. Lacy
J. Horace Wolf, Guardian of Annie Lacey
Berks County ss:
Before me the subscriber, a notary public of the city of Reading in and for the said county personally came George W. Lacey one of the petitioners within named who being duly sworn according to law doth depose and say that the facts set forth in the foregoing petition are just and true to the best of his knowledge and belief.
George W. Lacy
Sworn and subscribed before me this 20th day of October A.D. 1883
F. Pierce Hummel, Notary Public
Recorded Vol. 28, page 571, 1883
Filed Nov. 23, 1883
Berks County ss:
At an Orphans Court held at Reading in and for the County of Berks, October 20, 1883. Present Hon. Hiram H. Schwartz, Pres. Judge.
The petitioner of the subscribers, heirs and legal representatives of Joseph R. Lacey late of Robeson township Berks County Pennsylvania deceased respectfully represents: That the said Joseph R. Lacey died on the ___ day of ___ 1883 [sic] intestate leaving issue three children to wit, George W. Lacy, James Ellsworth Lacey and Samuel F. Lacey since deceased leaving one child Annie, a minor who has for her guardian Jacob Wolf and that the said intestate died seized in his demesne as of fee of and in the following described real estate to wit: All that certain messuage piece or lot of ground situate in Robeson township county and state aforesaid. Beginning at a planted stone a corner of Jeremiah Rhoads' land thence by the same south 28 3/4 degrees east 38 4/10 perches to a heap of stones, thence by land of E. & G. Brooks north 49 1/2 degrees east 8 perches to a post, thence by other land of John F. Geiger the three following courses and distances north 19 3/4 degrees west 18 8/10 perches to a station in the middle of the public road leading from Beard's hotel to the Friends meeting house thence along said road south 89 degrees west 5 3/10 perches to a fence post thence north 24 1/4 degrees west 18 5/10 perches to a post in a line of Ellen B. Lewis' land thence by the same south 57 degrees West 8 perches to the place of beginning. Containing one acre and 156 perches neat measure be the same more or less. Your petitioners therefore pray the court to appoint and order William Wolf, Sr., Jeremiah Glass and Henry Fry, commissioners (who have been chosen by your petitioners for that purpose) to make partition of the premises aforesaid to and among the children and representatives of the said intestate in such manner and in such proportion as by the laws of this commonwealth is directed, if such partition can be made without prejudice to or spoiling the whole; but if such partition cannot be made thereof as aforesaid then to value and appraise the same and make report of there proceedings herein according to law.
Whereupon the court on due consideration do order and appoint William Wolf Sr., Jeremiah Glass, and Henry Fry commissioners for the purpose aforesaid who are hereby authorized and empowered to go upon the premises aforesaid and in the presence of the said parties or their legal representatives if they having been severally warned will be present having respect to the true value thereof the said messuage to divide and part among the heirs and legal representatives of the said Joseph R. Lacy dec'd if it can be done without prejudice to or spoiling the whole, but if such partition cannot be made thereof as aforesaid that then you inquire into the value thereof and make and return a just valuation and appraisement of the whole or of the several shares or purparts into which you may divide the same agreeably to the laws of this commonwealth in such case made and provided and make return of your proceedings herein according to law.
By the Court.
J.M. Shollenberger Reg't. & Ex-officio Clk. O.C.
At an Orphans' Court for the County of Berks, held at Reading, on the 24th day of November, A.D. 1883.
In the matter of the Estate of Joseph R. Lacy deceased; on motion of Frank R. Schell Esq., Attorney, &c., the Court grant a rule, directed to all the heirs and legal representatives of Joseph R. Lacy dec'd, late of the township of Robeson in said County of Berks and all other persons interested in said decedent's estate, to be and appear before the Honorable, the Judges of said Court, at a Court to be held at the Court House at Reading, in and for the County of Berks, on Saturday the 22d day of December A.D. 1883, at 10 o'clock A.M., then and there to accept or refuse the real estate of said decedent, at the appraised valuation put upon it by the inquest duly returned, or offer in writing more for the same, and in case the heirs and legal representatives and all persons interested in the estate of said decedent neglect or refuse to accept the same, then to show cause, if any they have, why the same should not be sold according to law. By the Court,
J.M. Shollenberger, Ex. Officio Clerk O.C.
Reading Nov. 24, 1883
We do hereby accept service(?) of the within rule.
J.H. Wolf, Guardian of Annie Lacy George W. Lacy James Ellsworth Lacey
Berks County ss: Before me personally appeared Frank R. Schell who being duly sworn did depose and say that he served the within rule upon James Ellsworth Lacey, on Nov. 24, 1883 by giving him notice of its contents.
Frank R. Schell
Sworn & subscribed before me this 22d day of Dec. 1883.
J.M. Shollenberger Reg. O. Clrk.?
To the Honorable the Judges of the Orphans' Court for the County of Berks.
We the commissioners appointed by the annexed order of court to make partition or valuation of the real estate late of Joseph R. Lacey deceased in the said order described, respectfully report:
That in the pursuance of the said order we went upon the premises therein described, due and timely notice to the parties mentioned in the said order having been given and as many of them as chose being present and finding that equal partition in value could not be made of the said real estate to and among all the parties in the said order mentioned, without prejudice to or spoiling the whole thereof, we have valued and appraised the same as follows to wit: Five Hundred (500) Dollars.
Witness our hands and seals this 14th day of November A.D. 1883.
William Wolf (seal) Jeremiah Glass (seal) Henry Fry (seal)
Berks County ss:
Before me, a Justice of the Peace in and for said County personally came William Wolf Sr., Jeremiah Glass and Henry Fry, commissioners appointed in the above case to make partition or valuation and appraisement of the real estate agreeably to the act of assembly in such case made and provided who being duly sworn according to law, do depose and say that they well and truly and without prejudice, partiality and in all respects perform their duties as such commissioners to the best of their skill and judgment.
William Wolf (seal) Jeremiah Glass (seal) Henry Fry (seal)
Sworn and subscribed before me this 14th day of November A.D. 1883.
J.K. Wolf, J.P.
And now to wit, Nov. 24, 1883, at an Orphans Court held at Reading, Pa this day, it appearing to the court from the return of the commissioners under their respective hands and seals made this day to the order or writ of inquest that the parties in said writ named had been ??? named; that the property described in the said writ cannot be parted and divided without prejudice or spoiling the whole thereof and that the said ??? had therefore valued and appraised said property at the sum of five hundred dollars on motion of Frank R. Schell the court order and decree that the aforesaid inquisition be confirmed and that a rule directed to George W. Lacey, Charles E. Leach and J.H. Wolf, guardian of Annie Lacey, heirs and persons interested as in said writ of inquest mentioned and all other persons interested citing them and each of them to be and appear before the Judge of the Orphans Court of Berks County to be held at Reading on the 22d day of Dec. 1883 at 10 a.m. then and there to accept or refuse to take the real estate of the said Joseph R. Lacey, deceased, situate as in the original petition filed in these proceedings and in such writ of inquest mentioned and of, for, to, at the appraised valuation put upon it by the aforesaid inquest duly awarded by the said court and returned by the ??? of inquest this 24th day of November 1883. Writ at Five Hundred Dollars be granted and ??? ??? issue out of the said Orphans Court.
By the Court
Hiram H. Schwartz, Judge O.C.
To the Honorable the Judge of the Orphan's Court of Berks County.
The petition of George W. Lacey, a son of Joseph R. Lacey late of the township of Robeson in the County of Berks deceased respectfully represents that an inquest awarded by this court have returned that they have valued the real estate of the said deceased at the sum of five hundred dollars and that the return of said inquest was confirmed nisi on the 24th day of November A.D. 1883, the petitioner further represents that he is one of the parties in interest in the said real estate and hereby offers the sum of one dollar beyond the said valuation for the said real estate and prays that the same may be allotted to him at the sum of five hundred and one dollars. And he will ever pray, etc.
George W. Lacy
And now to wit Dec. 22 A.D. 1883 the inquest heretofore awarded to make partition of the real estate of said deceased having made return that the said real estate could not be divided amongst the parties entitled without prejudice nor spoiling the whole and that they had valued the same at the sum of five hundred dollars and proof having been made of the due service of a rule upon all the persons interested in said estate to appear in court this day and accept or refuse the same at the appraisement and said proof having been adjudged sufficient, George W. Lacey one of the parties in interest appeared in open court and offered in writing the sum of one dollar above the sum of five hundred dollars the valuation returned as aforesaid and asked that the said real estate might be ordered to him at the sum of five hundred and one dollars and the said sum of one dollar being the highest price offered therefore above the valuation the court do allot and order the said real estate to the said George W. Lacey at the said sum of five hundred and one dollars--he paying to the other parties interested in one year their proportionable part of the said sum at which the same is allotted and ordered to him as aforesaid with interest and it is further ordered by the court that the said George W. Lacey do enter into a recognizance to the Commonwealth in the sum of $100? conditioned to pay the other parties interested their proportionable parts of the said sum of five hundred and one dollars according to the order of the Court. The Court further order and direct that the costs and expenses of the within proceedings be first paid out of the purchase money bid for the said Real Estate. The said George W. Lacey to have immediate possession and to hold and enjoy the said Real Estate as fully and freely as the said Joseph R. Lacey in his life time had and held the same agreeably to the act of assembly in such case made and provided.
By the Court.
Hiram H. Schwartz
Judge O.C.
Note: This record is available through the Berks Co. Register of Wills office. It is listed in their estate files under Joseph Lacey with a date of death of 1857 (as of December 8, 2005). This Joseph Lacey died c. 3 Dec. 1863. He was married to Harriet Fry who died c. 1882/1883.
Contributed by: Nancy.
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