Probate Records of Eve Leitner

Berks County, PA

Transcribed from copy of records on file at:
Register of Wills, Berks County Services Center
633 Court Street, Reading, PA, 19601-4321
received 24 Nov 2001
Transcription Dec 2001 by Ian C. Zaenger

Inventory of the Estate of Eve Leitner, decd.

Filed May 18, 1872

A true and perfect Inventory and Just appraisment of all and Singular the goods and chattels rights and credits which were of Eve Leitner late of Millersburg Bethel Township in the County of Berks and State of Pennsylvania widow deceased at the time of her death to wit -

25 of Carbet $6.50 - 17 Ditto $5.10 - 19 Ditto $1.90 - 1 Lot Dtto 50 cts $14.00
6 chairs $6. - 2 Rocky chairs $1. - 6 chairs $3 - 1 Table 25 cts - 1 Dtto $2. $12.25
2 Tables $8. - 1 Cubberd $2. Knife forks $1.50 spoons 25cts 11.75
Puter Plates & Potz Pans $1.10. 1 Lot queans ware $2. Trunk 10 cts 3.20
1 Burow $3. - 1 Ditto $1. Looking glass 75 cts wader 50 cts 5.25
1 averlec $1. 1 Ditto $4 - 1 blanket $2. Bed & Bedsted $10 - 2 Ditto $10 27.00
Iron Kittle $2. Dough Duf & Side Saddle $1.25 - 1 Cole Stove $4. 7.25
1 Stove Pipe $4.50 - Iron Potts 25 cts Bucket Coffee Mill & c $1. 5.25
2 Bags 50 cts 1 Dough Dof 10 cts wood chest $2. 2.60
meat Tup $1. Rezweneger & chest 75 cts 1.75
Jonathan Z Miller Note of $166. with Interest from April 1, AD 1872 166.00
Jonathan Z Miller Note of $175. with Interest from April 1, AD 1872 175.00 431.80

Taken and appraised by us the Subscribers this 17th day of May A D one thousand eight hundred and Seventy two

Andrew Kurr
Daniel Holtzmen

Sworn & Subscribed before me this 18th day of May AD 1872

H. S. Gets Register

Berks County ss

At an Orphans Court held at Reading in and for Berks County.

October 7th A. D. 1872

present Hon Judges Hagenman, Bruckman and Buskirk.

Whereas John E. Merkey, Thomas L. Bordner and Michael Smeltzer, Commissioners appointed to divide or value the Real Estate of Eve Leitner of Bethel Township in the County of Berks deceased made return to the order to them directed with the report of their proceedings annexed, the return and valuation presented and read. Whereupon the Court confirm the same to be and remain firm and stable forever.

Same day appeared in open Court all the heirs and legal representatives of Eve Leitner dec'd in person and by power of attorney and severally refused to accept the property herein described and valued and asked for an Order to sell the same without any rule having been obtained for that purpose; and desired the same might be sold by the administrator of said Eve Leitner deceased.

Whereupon the Court on due consideration granted an Order of Sale for the premises in said Return to the Order of Partition described and direct the administrator of said deceased to expose to Public Sale the following described Real Estate to wit:

All that certain two story Log and frame dwelling house situate in the Town of Millersburg, Bethel Township aforesaid together with the Lot thereto appurtenant. Containing in front fifty six 5 feet and in depth One hundred and eighty-one 65 feet more or less. Bounded on the North by property of G. M. F. Rick, on the East by Main Street, on the South by property of John Ziebach and on the West by a sixteen feet wide Alley. At the Public House of Percival Zerbe in the village of Millersburg, Berks County on Friday the first day of November A. D. 1872 at one o'clock of said day and sell the same for the best price that can be obtained therefore giving due timely and public notice of the time and place of Sale according to Law and the rules of Court, and that he sell the said premises on the following terms and conditions viz. ten percent to be paid by the purchaser on the day of Sale and the Balance on the first day of April 1873. Said Administrator to give Bond in the sum of Sixteen hundred and thirty Dollars, with surety to be approved by the Court, being double the amount of the valuation.

Said Administrator to make return of his proceedings to the next stated Orphans Court to be held at Reading in and for said County after said Sale.

By the Court
Mahlon F. Wolff
Clerk O. Ct.

To the Hon. The Judges of the Orphans' Court in and for the County of Berks.

The undersigned to whom the foreg(o)ing order of sale was directed makes return thereto as follows: That in pursuance of said order, after having given due and legal notice of the time and place of sale by handbills and advertisement in two newspapers agreeably to the act of assembly and the rules of Court, he exposed to sale at Public vendue the premises in said order described at the Public House of Percival Zerbe in the village of Millersburg said county on the day of October November 1872, at one o'clock in the afternoon , and sold the same to Gill F. Rick for the sum of one thousand four hundred dollars he being the highest and best bidder and that the highest and best bid offered for the same. He therefore prays the Court to confirm the sale so as aforesaid made and direct that the same may be firm and stable to the said purchaser his heirs and assigns.

Josiah Leitner

Berks County ss:

Before me a Justice of the Peace in and for said County personally came Josiah Leitner above-named who being duly sworn according to law deposes that the facts set forth in the foregoing return to the (?) order of sale are true and that he is not interested directly or indirectly as a purchaser in Said Sale.

Josiah Leitner

Sworn and Subscribed before me this 5 day of November AD 1872

Andrew Kurr, J. P.

Know all Men by these Presents,

That we, Josiah Leitner John Weber and Samuel Smelzer all of Bethel Township Berks County Pennsylvania are HELD and FIRMLY BOUND unto the Commonwealth of Pennsylvania, in the sum of Sixteen hundred and thirty dollars ($1630.00) to be paid to the said Commonwealth, to which payment well and truly to be made and done, WE BIND ourselves, our Heirs, Executors, and Administrators, jointly and severally, firmly by these presents. Sealed with our Seals, and dated the day of September A. D. 1872.

Whereas, application is about to be made to the Orphans' Court of Berks county, for an order of sale of the Real Estate of Eve Leitner late of Bethel Township Berks County dec'd consisting of a House and Lot in the village of Millersburg Said County.

Late the Estate of Eve Leitner deceased, which shall be sold by the above named Josiah Leitner Administrator of all and singular the goods, chattels, rights and credits, which were of the estate of said Eve Leitner deceased;

The Condition of this Obligation is Such:

That if the above bounden Josiah Leitner Administrator as aforesaid shall faithfully appropriate the proceeds of such sale, according to his duties as Administrator aforesaid, then this obligation to be void, otherwise to be and remain in full force and virtue.

Josiah Leitner L. S.
John Weber L. S.
Samuel Schmeltzer L. S.

Signed, Sealed and Delivered IN PRESENCE OF Andrew Kurr

Bond Josiah Leitner et al to the Comth of Penna. in $1630.00

Oct 7, 1872 Bond and surety approved By the Court

J. Hageman A L. Judge

1872 Petition of the Heirs and Legal Representatives of Eve Leitner late of Bethel township, Berks County, dec'd praying for the appointment of three persons to make partition of the Real Estate of said dec'd.

Aug. 29, 1872. The within petition having been presented and read the Court on motion of A. G. Green an order to make partition as within prayed for -

By the Court: And iss Geo. W. Bruckman A J

To the Hon. The Judges of the Orphans' Court of Berks County.

The Petition of the subscribers, heirs and legal representatives of Eve Lightner, late of the township of Bethel and County of Berks dec'd, respectfully represents: That the said Eve Leitner lately died intestate, surviving her husband, and leaving issue five children to wit 1. Josiah Leitner 2. Franklin Leitner 3. Damina married to Daniel Holtzman 4. Clementina married to Isaac Lies 5. Caroline married to William H. Zerbe - and the issue of two deceased children viz.: Augustus Leitner decd leaving issue one child, Gustina married to Ziba Jenkins, and Catharine decd married to Stephen Search (still living) leaving four legitimate children viz Ella Search, Clara Search, Stephen Search and George Search and one illegitimate child named Clemira married to Henry Kastnitz - the four legitimate children being all minors except Clara who is of age - Ella Search having for her guardian Jacob Wagner - and Clara Stephen and George having for their guardian Daniel Holtzman. And that the said intestate died siezed in her demesne as of fee of and in a certain two story log and frame dwelling house situate in the town of Millersburg Bethel township aforesaid, together with the Lot thereto appurtenant containing in front fifty six feet and in depth one hundred and eighty one more or less, bounded on the north by property of G. M. F. Rick on the East by Main Street on the South by property of John Ziebach and on the west by a sixteen feet wide ally. Your petitioners therefore pray the Court to appoint and order John E. Merkey, Thomas L. Bordner and Michael Smeltzer 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 measure and in such proportions as by the laws of this Commonwealth is directed so that each one shall have and receive a proportionate part thereof - and if such partition cannot be made thereof then to value and appraise the same and make report of their proceedings therein according to law. And they will pray(?).

Josiah Leitner Franklin Leitner Daniel Holtzman
Damina Holtzman Clementina Leas Isaac Leas
Caroline Zerbe Wm H Zerbe Gustina Jenkins
Ziba ( ) (Jenkins)    

Jacob Wagner Guard. of Ella C. Sarge

Daniel Holtzman Guard. of Clara A. Stephen A and George E. Sarge

Petition of the Heirs & legal representatives of Eve Leitner, late of Bethel township, Berks County, Penna. deceased.

In the matter of Partition of the Real Estate of Eve Leitner late of Bethel Township, Berks County, Penna. deceased.

Whereas on the petition of the heirs and legal representatives of Eve Leitner, deceased, above-named presented the 29th day of August AD 1872 the Orphans' Court of said County appointed three persons to make partition of the Real Estate of said deceased, situate in Bethel township aforesaid, and consisting of a House and lot of ground in the village of Millersburg, who made return that the said Real Estate could not be divided &c and valued the same at the sum of Eight hundred and fifteen dollars ($815.00) now.

Know all men by these presents, that we the undersigned heirs and legal representatives of said Eve Leitner dec'd, being unwilling to accept the Real Estate of said deceased at the valuation, do hereby make and constitute and appoint A. G. Green of Reading, Penn. Atty at Law, our true and lawful attorney for us and in our several names to appear in the Orphans Court of said County and refuse to accept the said Real Estate or any part thereof at the valuation, and further to ask that an order of sale be awarded by said Court to sell the same: hereby ratifying all that our said attorney may do in the premises.

Witness our hands and seals this 10 day of September A. D. 1872.

Ziba A. Jenkins {seal}
Gustina Jenkins {seal}

Sealed & delivered in presence of

Ralph Smith
Ger. R. Smith

County of Delaware
State of Ohio

Before me a Justice of the Peace in and for the County and State aforesaid personally came Gustina Jenkins and Ziba A. Jenkins her husband who in due form of law acknowledged the foregoing Power of Attorney to be their several act and deed to the End that the same might be recorded as such - The said Gustina being of full age and by me examined separate and apart of from her said husband and the contents of the foregoing Power of Attorney having been first made fully known unto her, did declare that she did voluntarily and of her own free will and accord sign and as her act and deed deliver the same without any coercion or compulsion of her said husband.

In testimony whereof I have hereunto set my hand and seal this tenth day of September A. D. 1872.

R. Smith J P in
and for Delaware County, O. {seal}

County of Delaware, State of Ohio, ss:

I, B. F. Loofburrow Clerk of the County Court of Delaware County in the State of Ohio do hereby certify that R. Smith Esq. Before whom the foregoing acknowledgment was taken and who has signed his name thereto was at the time of so doing a Justice of the Peace of said County duly commissioned and sworn: that all his acts as such are entitled to full faith and credit as well in courts of judication as elsewhere and that his signature thereto is genuine.

In testimony whereof I have hereunto signed my name and affixed the Official seal of Said Court the Seventeenth day of September AD Eighteen hundred and Seventy two.

B. F. Loofburrow Clerk

In the matter of the Partition of the Real Estate of Eve Leitner late of Bethel Township, Berks County, decd.

Whereas on the petition of the heirs and legal representatives of Eve Leitner, deceased, above-named presented the 29th day of August 1872 the Orphans' Court of said County appointed three persons to make partition of the Real Estate of said deceased situate in Bethel township aforesaid and consisting of a House and Lot of ground in the village of Millersburg said township, who made return that the said Real Estate could not be divided etc. and valued the same at the sum of Eight hundred & fifteen dollars.

Now know all men by these presents, that we the undersigned heirs and legal representatives of said Eve Leitner dec'd, being unwilling to accept the Real Estate of said deceased at the valuation do hereby make constitute and appoint A. G. Green of Reading, Penn. Atty at Law, our true and lawful attorney for us and in our names to appear in the Orphans Court of said County and refuse to accept the said Real Estate or any part thereof at the valuation aforesaid, and further to ask that an order of sale be awarded to the Administrator to sell the same hereby ratifying all that our said attorney may do in the premises.

Witness our hands and seals this 31 day of September A. D. 1872.

Isaac Leas {seal}
Clementine Lease {seal}

Signed & delivered in presence of

Wm B Leas

Berks Perry County ss:

Before me a Justice of the Peace in and for the County of Perry and State of Penna. personally came Isaac Lies and Clementine Lies his wife who in due form of law acknowledged the foregoing Power of Attorney to be their several act and deed to the End that the same might be recorded as such: the Said Clementina, being of full age and by me examined separate and apart from her Said husband, and the contents of the foregoing Power of Attorney being first made fully known to her did voluntarily and of her free will and accord sign and as her act and deed seal and deliver the same without any coercion or compulsion of her said husband.

In testimony whereof I have hereunto set my hand and seal this Thirtieth day of Sept A. D. 1872

Wm. B. Leas J. P.

1872 In the Estate of Eve Leitner dec'd

Power of Attorney to appear and refuse to accept the Real Estate at the valuation in the Orphans Court

Filed October 7 1872

In the matter of the partition of the Real Estate of Eve Leitner late of Bethel Township, Berks County, Penna. dec'd.

Whereas on the petition of the heirs and legal representatives of Eve Leitner, deceased, above-named presented the day of 1872 the Orphans' Court of said County appointed three persons to make partition of the Real Estate of said dec'd situate in Millersburg Bethel township aforesaid consisting of a lot of ground with frame house thereon erected, who returned that the same could not be divided &c and valued the premises at the sum of $815.00.

Now know all men by these presents, That we the undersigned heirs and legal representatives of said Eve Leitner dec'd, being unwilling to accept any part of the Real Estate of said deceased at the valuation, do hereby make constitute and appoint A. G. Green Atty at Law of Reading Penna. our true and lawful attorney for us and in our several names to appear in the Orphans Court of said County and refuse to accept the said Real Estate or any portion thereof at the valuation aforesaid and further to ask that an order of sale be awarded by said Court to sell the same.

Witness our hands and seals this 21st day of Sept. A. D. 1872.

Damina Holtzman {seal}
Daniel Holtzman {seal}
Josiah Leitner {seal}
Caroline Zerbe {seal}
Wm. H. Zerbe {seal}
Franklin Leitner {seal}

Witnesses present:

John J. Swonger
Isaac Y. ?enzie

Berks County ss:

Be it remembered that on the 20th day of September Anno Domini 1872, before me Andrew Kurr one of the Justices of the Peace in and for Said County came the within named Josiah Leitner Demine Holzman and her husband Daniel Holzman Wm H. Zerbe and Caroline Zerbe and acknowledged the within Power of attorney to be their act and deed and desired that the same might be recorded as such according to Law The Said Demine and the Said Caroline both being of full ages and by me duly examined Separate and apart from their husbants and the contents thereof just made Known to them declared that they did voluntary and of their free will and accord Seal and as their act and deed deliver the Said Instrument of writing without any coercion of their husbands In testimony whereof I have hereunto Set my hand and Seal the day and year above written.

Andrew Kurr J. P. {seal}

Berks County ss

Be it remembered that on the 21st day of September Anno Domini 1872, before me the subscriber one of the Justices of the Peace in and for Said County came the within named Franklin Leitner and acknowledged the within mentioned Instrument of writing to be his act and deed and desired that the Same might be recorded as such according to Law In testimony whereof I have hereunto set my hand and seal the day and year aforesaid

Isaac Y. Kintzer {seal}
Justice of the Peace

Berks County ss

At an Orphans Court held at Reading in and for Berks County, August 29th A. D. 1872 present Hon Judges Hagenman Bruckman and Buskirk

The petition of the subscribers, heirs and legal representatives of Eve Lightner, late of the Township of Bethel and County of Berks deceased, was presented. Setting forth. That the said Eve Leitner lately died intestate, surviving her husband, and leaving issue five children to wit 1. Josiah Leitner 2. Franklin Leitner 3. Damina married to Daniel Holtzman 4. Clementina married to Isaac Lies 5. Caroline married to William H. Zerbe, and the issue of two deceased children viz. Augustus Leitner decd leaving issue one child, Gustina married to Ziba Jenkins, and Catharine decd married to Stephen Search, still living, leaving four legitimate children viz. Ella Search, Clara Search, Stephen Search and George Serch and one illegitimate child named Clemira married to Henry Kastnitz - the four legitimate children being all minors, Ella Search having for her Guardian Jacob Wagner - and Clara Stephen and George having for their Guardian Daniel Holtzman.

And that the said intestate died seized in her demesne as of fee of and in a certain two story Log and frame dwelling house situate in the town of Millersburg Bethel Township aforesaid, together with the Lot thereto appurtenant. Containing in front fifty six feet and in depth one hundred and eighty one more or less, Bounded on the North by property of G. M. F. Rick, on the East by Main Street on the South by property of John Ziebach and on the west by a sixteen feet wide Alley.

Said petitioners therefore pray the Court to appoint and order John E. Merkey, Thomas L. Bordner and Michael Smeltzer 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 measure and in such proportions as by the laws of this Commonwealth is directed, so that each one shall have and receive a proportionate part thereof, and if such partition cannot be made thereof then to value and appraise the same and make report of their proceedings therein according to Law.

Whereupon the Court on due consideration do order and appoint John E. Merkey, Thomas L. Border and Michael Smeltzer, 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 Eve Lightner decd 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 for and make return of your proceedings herein according to Law.

By the Court
Mahlon F. Wolff
Clerk O. Ct.

To the Hon. The Judges of the Orphans Court in and for the County Of Berks.

We the subscribers appointed by the annexed order of Court to Make partition or valuation of the Real Estate late of Eve Leitner deceased, in the said order described respectfully report: That in 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 left the undivided and same undivided and have valued and appraised the said real Estate at the sum of Eight hundred and fifteen dollars ($815.00)

Witness our hands and seals this 3th day of September A. D. Eighteen hundred and seventy two

Johannes E. Mercky {seal}
Thomas L. Bordner {seal}
Michael Schmeltzer {seal}

L 1872 Rec. Vol 24 Page 57

Order of Partition Sur. Real Est. of Eve Lightner dec'd

And now to wit, Sept. 21, 1872. At an Orphans Court held at Reading in and for the County of Berks the return to the within order of partition having been prescribed and read on motion of A. G. Green, Atty. the Court confirm(?) the valuation of the Real Estate of Eve Leitner dec'd according to the return of the Commissioners made Sept. 3: 1872, and it is considered and adjudged by the Court that the same be and remain firm and stable forever. Same day appeared in open Court Josiah Leitner on of the children of said Eve Leitner dec'd, also Clara, Stephen and George Sarge (by their guardian Daniel Holtzman) and Ella Sarge (by her guardian Jacob Wagner) minor children of Catherine Sarge (late Catherine Leitner dec'd) and the following persons appeared by A. G. Green their attorney in fact so duly constituted by letter of attorney herewith filed, namely, Gustina Jenkins and Ziba A. Jenkins her husband, Damina Holtzman and Daniel Holtzman her husband, Caroline Zerbe and William H. Zerbe her husband, and Franklin Leitner, and all respectively refused to accept the Real Estate at the valuation aforesaid and desired that the same might be sold. Whereupon on motion of A. G. Green, suggesting that Clementine Leas one of the heirs had not yet appeared, the Court adjourned further proceedings to Monday the 7th day of Oct. next.

And now to wit October 7th 1872. At an Orphans Court held this day, Clementine Leas and Isaac Leas her husband having appeared by A. G. Green their attorney in fact duly constituted by Power of Attorney herewith filed, and also refused to accept the Real Estate of said deceased at the valuation and desired that the same might be sold by the Administrator: Whereupon the court order and decree that Josiah Leitner the Administrator of said Estate expose the said Real Estate to public sale at the Public House of Percival Zerbe in the village of Millersburg Berks County on Friday the first day of November AD 1872 at one o'clock of said day and sell the same for the best price that can be obtained therefor, giving due and timely public notice of the time and place of sale according to law and the rules of Court, and that he sell the said premises on the following terms and conditions viz.: ten per cent to be by the purchaser on the day of sale and the balance on the first day of April 1873, the Administrator to give bond with surety to be approved by the Court in double the amount of the valuation.

By the Court
J. Hagenman
A. L. Judge

To the Hon. The Judges of the Orphans Court in and for the County of Berks.

The petition of Clara A. Sarge, a minor child of Catherine Sarge (deceased wife of Stephen Sarge still living) late of Bethel township, Berks County decd, respectfully represents: That she is over fourteen years of age and has no person legally authorized to take charge of her estate. She further represents that the Estate which may come to her (from the Estate of Eve Lightner late of Bethel township aforesaid decd) will not amount to fifty dollars, to receive and take charge of which she make this application for a guardian, and that she resides so distant from the City of Reading, the Seat of justice if said County, as to make it unnecessarily expensive to appear in your honorable Court for that purpose. She therefore prays your honor to permit her to make choice of Daniel Holtzman her uncle as her guardian for that, without being required to appear in said Court in person. And she will pray etc.

Clara A Sarge

[For affidavit as to amount of trust fund likely to come into the guardians hands - see petition of Ella C Sarge a minor sister of the petitioner]

Rec. Vol. 25 Page 39 1872

Petition of Clara A Sarge, a minor child of Catherine Sarge dec'd praying to be permitted to make choice of Daniel Holtzman as her guardian.

Aug. 29, 1872. The within petition having been presented and read on motion of A. G. Green the Court permit the petitioner to make choice of Daniel Holtzman as her guardian, without appearing in Court in person, agreeably to her petition, and direct said guardian to give bond with surety in one hundred dollars to be approved by the Court.

By the Court
Geo W Bruckman A J

To the Hon. The Judges of the Orphans Court in and for the County of Berks.

The petition of Stephen A. Sarge and George E. Sarge, minor children of Catherine Sarge (wife of Stephen Sarge still living) late of Bethel township, Berks County decd, by their father Stephen Sarge, respectfully represents: that the petitioners are under the age of fourteen years and have no person legally authorized to take charge of their Estates. They therefore pray the Court to appoint some suitable person as guardian for that purpose. And she will pray etc.

Stephen A. Sarge
George E. Sarge
Stephen Sarge Sen

[For affidavit as to amount of trust fund likely to come into the guardians hands - see petition of Ella C Sarge a minor sister for a guardian]

Rec. Vol. 25 Page 39 1872

Petition of Stephen A. and George E. Sarge, minor children of Catherine Sarge late of Bethel township dec'd.

Aug. 29, 1872. The within petition having been presented and read on motion of A. G. Green the Court permit the within petitioner without appoint Daniel Holtzman as the guardian of said minors, and direct him to give bond with surety to be approved by the Court in the sum of one hundred dollars in each case.

By the Court
Geo W Bruckman A. J.

To the Hon. The Judges of the Orphans Court for the County of Berks.

The Petition of Ella C. Sarge, respectfully represents: That she is a minor child over the age of fourteen years of Catherine Sarge and late of Bethel township decd (Stephen Sarge her husband still living), and that she has no person to take charge of her Estate. She therefore prays that she may be permitted to appoint choose some proper person as her guardian for that purpose. And she will pray etc.

Ella C Sarge

Berks County ss:

Before me a Judge of the Orphans Court of Berks Co. personally came A. G. Green - who being duly sworn according to law deposes that from reliable information he believes that the amount which may come into the hands of the guardian will not exceed the sum of Fifty dollars - the property consisting mainly of a house and lot at Millersburg worth perhaps one thousand dollars - and the ward being entitled to one fourth of one-seventh of the same - late property of Eve Leitner dec'd -

A. G. Green

Sworn & subscribed before me this 19 day of August 1872

D. Buskirk A. J.

Rec. Vol. 25 Page 34 1872

Petition of Ella C. Sarge, for the appointment of a guardian.

Aug. 19, 1872. The within petition having been presented and read on motion of A. G. Green the Court permit the petitioner to make choice of Jacob Wagner as her guardian, which said choice is approved, and the Court further direct that said guardian give bond with surety in the sum of one hundred dollars.

By the Court
Geo W Bruckman A. J.

The account of Josiah Leitner Administrator of all and Singular the goods and chattels rights and credits which were of Eve Leitner Late of Bethel Township Berks County Pennsylvania deceased

The accountant charges himself with all and Singular the goods and chattels rights and credits which ware of the Said deceased agreeably to an Inventory thereof filed in

Registers Office at Reading amounting to 431.80
To House & Lot Sold to G M F Rick for 1400.00
To rent received of Wm H Zerbe 58.00
To " " of Milton Baldeff 30.00
To Cash for Produce of Wm H Zerbe 3.89
To Interest received of Jonathan Z Miller 20.46
To Increse of Sale of Personal goods 21.36
  $1965.51

The accountant Gave allowance for the following disbursments made out of the Estate aforesaid to wit:

H.S. Getz Register 6.80
Ritter & ? printing 2.50
Daniel Holzman Expences 4.60
Thomas Miller clerking 0.50
Henry S Degler ?ying sale 1.50
William Berger Book acct 5.50
Jonathan Z Miller   .75
Thomas L Bordner & their appraisors   3.00
John E Merkey Book account 3.00
Isaac Y Kintzer   .50
Henry S Degler ?ying Sale 3.00
G M F Rick Book accounts 36.43
Frank Steinbach School Tax 1.10
Molon T Wolf O Court accounts 17.00
Jared Lengel County & State Tax 7.64
Daniel Weidner Book acct 2.65
Isaac W Snyder " " 4.30
    $100.77
Amount brought over -- $100.77
By Cash paid:    
William D Kline Tax 1.38
Daniel L Baldorff MD 15.87
John Weber Book accts 4.12
Frederick R. Foltz ditto 9.00
Thomas Dieffenbach Coffin 15.20
John J Swanger Book accounts 4.68
Henry Kline Road tax 1.10
Christian Swope Book accounts 1.00
Ritter & c printing 3.76
Isaac Z Deck Grave Stone 10.00
Daniel Holzman Book acct 16.67
And w Kurr ? at appt & ? sale 6.00
And w Kurr Drawg deed Statg acct & c 6.00
A G Green prof services 30.00
  Accountants compensation 90.00
Register & Clerk of the O. C. passing & filing acct. 9.60
Balance the Estate   1638.36
    $1965.51

Errors and omissions excepted.

Josiah Leitner Administrator

"L" 1874, Record vol 18. Page 542

Auditors Report Upon the Account of Josiah Leitner Sur Estate of Eve Leitner

Now April 25, 1874 Co? and confirmed nisi.

By Our Court Geo W Bruckman A. J.

To the Honorable the Judges of the Orphans' Court for the County of Berks.

In the matter of the Estate of Eve Leitner, late of Bethel township, County aforesaid, deceased.

The Auditor appointed by the Court to make distribution of the fund, to wit; $1638.36, in the hands of Josiah Leitner, Administrator of all and singular the goods and chattels, rights and credits of the said Eve Leitner, deceased, agreeably to an account filed, december 3d, 1873, confirmed nisi January 24, 1874, which is hereunto annexed, respectfully reports; That having given due and legal notice of the time and place of meeting by advertisement as appears by the following:

He was duly affirmed, to perform the duties of his appointment with fidelity as appears by the certificate of the said Court hereunto annexed, and met the parties on the day fixed, to wit; the seventeenth day of April A. D. 1874. A. G. Green, Esq. appeared as counsel for the Administrator.

After hearing the accountant and examining several different vouchers and taking the testimony hereto attached he finds the balance after deducting proper expenses to be $1598.56 which is to be distributed among the children and grandchildren of the intestate one of said grand-children to wit, Clemira Stoner a daughter of Catherine Leitner, a deceased daughter of said intestate having been born out of wedlock as the parents were never intermarried the Audit has been obliged to exclude the said Clemira from any share of the estate as the same descends from the grand-mother, by this distribution said balance is divided into seven shares one of which is to go to each of the surviving children and to the child or children of such as are deceased the latter taking together the share of the parent.

Statement and schedule of Distribution

Balance for distribution as per acct $1638.36
Deduct audit expenses etc 30.00
Andrew Kurr, witness fees 2.75
Expenses of Minister 4.45
J. Knobb & Co. publishing 2.60 (?) 39.8 (?)
Balance for Distribution 1598.56

Distribution

To Josiah Leitner 228.36 1/2
To Gustina as only daughter of Augustus Leitner deceased 228.36 1/2
Damina, married to Daniel Holtzman 228.36 1/2
Clemine, married to Isaac Lies 228.36 1/2
Caroline married to 228.36 1/2
To each of the children of Catherine married to (excepting Clemira aforesaid) as follows to wit,  
Ella C. 57.07
Clara A. 7.09
Stephen E. 57.09
George E. 57.09
  $1598.56

All of which is respectfully submitted

Wm L. Guinther, Auditor

April 28, 1874

And w Kurr w. I knew Cath. Leitner long before she was married - at least 30 years - she was then 16 to 18 yrs old - she had a child before she was married - the childs name was Clemira Stoener - Tom Stoner was the father - He was never married to the mother - The mother was Clemira may have been 10 or 12 yrs when she was mard to Stephen Sarge her surviving husband - Sarge is the father of the other children of Catherine Leightner - He is still living.

Record vol 18 Page 233, Copy L. 1873

Account Sur Estate of Eve Leitner decd.

Filed December 3rd, 1873

Jany 24, 1874

Confirmed Nisi By the Court Geo W Bruckman A J

Mch 9, 1874. On motion of A. G. Green Atty, the Court appoints Wm L Guinther Esq to make distribution of balance within acct. By the Court.

Geo W Bruckman A. J. $6.00

The Account of Josiah Leitner Administrator of all and singular the goods and chattels, rights and credits which were of Eve Leitner Late of Bethel Township, Berks County Pennsylvania deceased.

The accountant charges himself with all and singular the goods and chattels rights and credits which were of the said deceased agreeably to an Inventory thereof filed in the Registers Office in Reading amounting to:

  431.80
To House and Lot
sold to G. M. F. Rick for:
1400.00
To rent received of Wm. H. Zerbe 58.00
To " " of Milton Batdiff 30.00
To cash for Produce of Wm. H. Zerbe 3.89
To Interest received of Jonathan Z. Miller 20.46
To increase of sale of Personal goods 21.36
  1965.51

The Accountant craves allowance for the following disbursements made out of the estate aforesaid to wit:

By Cash paid:

H.S. Getz Register 6.80
Ritter & ? printing 2.50
Daniel Holzman Expences 4.60
Thomas Miller clerking 0.50
Henry S Degler ?ying sale 1.50
William Berger Book acct 5.50
Jonathan Z Miller   .75
Thomas L Bordner & their appraisors   3.00
John E Merkey Book account 3.00
Isaac Y Kintzer   .50
Henry S Degler ?ying Sale 3.00
G M F Rick Book accounts 36.43
Frank Steinbach School Tax 1.10
Molon T Wolf O Court accounts 17.00
Jared Lengel County & State Tax 7.64
Daniel Weidner Book acct 2.65
Isaac W Snyder " " 4.30
    $100.77
Amount brought over -- $100.77
By Cash paid:    
William D Kline Tax 1.38
Daniel L Baldorff MD 15.87
John Weber Book accts 4.12
Frederick R. Foltz ditto 9.00
Thomas Dieffenbach Coffin 15.20
John J Swanger Book accounts 4.68
Henry Kline Road tax 1.10
Christian Swope Book accounts 1.00
Ritter & c printing 3.76
Isaac Z Deck Grave Stone 10.00
Daniel Holzman Book acct 16.67
And w Kurr ? at appt & ? sale 6.00
And w Kurr Drawg deed Statg acct & c 6.00
A G Green prof services 30.00
  Accountants compensation 90.00
Register & Clerk of the O. C. passing & filing acct. 9.60
Balance the Estate   1638.36
    $1965.51

Errors & Omissions excepted

Josiah Leitner, Administrator

The Honorable the Judges of the orphans Court of the County of Berks I the undersigned Do hereby certify the foregoing to be a true and correct copy of the original Account as filed in the Registers office that I have carefully examined the same with the vouches and papers and found it to be just and true as per preceeding Statement.

In testimony whereof I have hereunto Set my hand and official seal this 3d day of December A. D. 1873

H. C. Croll, Register

County of Berks, SS.

I certify, That at an Orphans' Court, for the County aforesaid, held at Reading, on the 9 day of March A. D. 1874 before the Honorable Warren J. Woodward, President, and his Associate Judges of said Court. On motion of A. G. Green Esq. the Court appoint Wm L. Guinther Esq Auditor to make distribution of the balance remaining in the hands of Josiah Leitner sonn of Eve Leitner decd.

Witness my hand and seal of said Court, this Sixteenth day of March A. D. one thousand eight hundred and Seventy four.

Isaac K Knoll
Clerk of the Orphans' Court

Wm L Guinther being duly sworn according to Law say he will perform the duty of the above appointment with fidelity.

Sworn and subscribed before me this 16 day of March A. D. 1874

Wm L Guinther
Isaac K Knoll
Clerk of the Orphans' Court

Contributed by: Ian.


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