ESTATE SETTLEMENT OF PETER EARHART
Transcribed by Lynn Brandvold

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Franklin County Pennsylvania Orphans Court
Deed Book A, p.133.

The petition of George Earhart only child of John Earhart, who was the eldest son and heir at law of Peter Earhart late of Hamilton Twp dec'd was read setting forth that the same Peter died Intestate prior to the first day of January in the year one thousand seven hundred and ninety, leaving a widow and lawful heirs to survive him, to wit John the father of the petitioner who was dec'd Intestate leaving the petitioner his only son and heir, Catharine intermarried with Martin Cook, Mary intermarried with George Cook, Dolly formerly intermarried with Philip Harman (?) and now to Archibald Berquist (?), Nicholas, Peter, Elizabeth intermarried with Adam Small, Michael, Henry, and George all of full age. That the said Peter the elder at the time of his decease was owner and seized of a certain tract of land situate in Hamilton Township aforesaid containing by estimation fifty acres and allowance adjoining the land of Robert Baird, Andrew Taylor and Wm Plumstead. That since the decease of the said Intestate the said land hath been held in common by the widow and children and they have not been able to agree upon a partition of the same and thereupon prayed the court to award an inquest to make partition of the said land, _______ and amongst the children of the dec'd Peter Earhart or to their legal representatives, if the same can be done without prejudice to or spoiling the whole, otherwise to value the whole undivided and make return thereof.

Whereupon it is considered and ordered by the court that the Sheriff in his proper person with twelve good and lawful man of the Bailiwick in the presence of all the parties who shall choose to attend they having due and previous notice thereof do hold an inquest on the said premises with the appurtenances and divide the same to and among the widow and children of the said dec'd or by their representatives if the same can not be done without prejudice to or spoiling the whole then to value the whole undivided and make report thereof as well and on the hand and seal of the said Sheriff as also under the hands and seals of the Jurors upon their respective oaths and affirmations to the next Orphans Court after the said Inquisition shall be holden (?)

Edw. Crawford Clk


(This document was undated. However, the second document in the series on p. 141 of this same Deed Book refers to this order as being dated the 14th day of September last and the document immediately preceding that document was dated Dec. 1, 1801. So the date of this document is taken to be 14 September 1801.)

Transcribed by Lynn Airheart Brandvold
October 16, 1998




Franklin County Pennsylvania Orphans Court
Deed Book A, pp.141-142

The return of an Inquisition held by John Hotud(?) Esq. Sheriff upon a tract of land in Hamilton Township enjoining land of Robert Bears, Andrew Taylor and _____Plumstead containing by estimation fifty acres more or less, the real estate of Peter Earhart who died Intestate prior to the first day of January in the year one thousand seven hundred and ninety, held on the twenty fourth day of January last in pursuance of the order dated the fourteenth day of September last was now brought before the court, whereby it did appear by the oath and affirmation of Jerimiah Snyder, Joseph Barnett, Christian Hays(?), Robert _______, Christian Reamer (?), George Crow, John Snyder, Cooper Shirk, Baltzer Lohr, David Edwin, Milcher Poorman (?) and Martin Wingert that the said tract of land with the appurtenances would not divide to and amongst the widow and children of the said dec'd as is on the said order expressed without prejudice to and spoiling the whole and that the inquest aforesaid had proceeded to value the whole undivided at the sum of seventy seven pounds eighteen shillings lawful money of Pennsylvania. Where upon the court did approve of the said inquisition and return and Peter Earhart assignee of the said Peter Earhart dec'd appearing in court and testifying his desire to hold and enjoy the said premises with the appurtenances at the valuation aforesaid the court did decree that the said Peter Earhart do hold and enjoy the said premises and tract of land at the valuation aforesaid, he paying to the widow and other children of the said dec'd or their legal representatives their respective portion thereof, and that he now enter into recognizance for the faithful discharge thereof which recognizance and proportions are as follows viz
For the payment of the interest of twenty five pounds nineteen shillings and four pence to the widow annually during her natural life. For the payment of the sum of four pounds thirteen shillings and three pence halfpenny to Martin Cook and Catherine his wife now and the further sum of two pounds six shillings four pence at the death of the widow and for the payment of the two last sums in manner aforesaid to each and every of the other children, to wit, to George Cook and Mary his wife, to Archibald Berquist (?) and Dolly his wife the late Dolly Herman, to Nicholas, to Peter, to Elizabeth intermarried with Adam Small, to Michael, to Henry, and to George Earhart.
And the court further decrees, that the expenses of this proceeding be equally borne by all the said parties.

(This document is undated. However, the immediately preceding document is dated Dec 1, 1801, thus the date of this document is taken to be January 24, 1802.)


Transcribed by Lynn Airheart Brandvold
October 20, 1998



Franklin County, Pennsylvania
Deed Book 5, pp.357-358.
LDS Microfilm #0323797

Know all by these presents that I George Earhart, only son and heir at law of John Earhart late of Franklin County deceased, have made constituted and appointed, and by these presents Do, Nominate constitute and appoint Samuel Riddle Esquire of the Town of Chambersburg my true and lawful Attorney for me and in my stead do grant, bargain, sell alien ______? and confirm unto my uncle Peter Earhart his heirs and assigns or to such other purchasers that my said Attorney shall think fit, all my right title Interest claim and demand in law or equity of in and to the real Estate of my Grandfather situate in the County of Franklin and which hath lately been appraised by order of the Orphans Court of the said County of Franklin at and for such price and upon such terms of payment as my said Attorney may think proper to accept and upon the receipt and payment of such consideration money as he may agree to accept for the same for me and in my name to make sign, seal and deliver to my said Uncle on such other purchaser a good and sufficient conveyance for all my right title Interest claim and demand in law and equity of in and to the said land and every part thereof as fully and amply as I might or could do if I were personally present---hereby ratifying and confirming whatsoever my said Attorney may lawfully do in my name in and about ;the premises Witness my hand and seal this fifth day of May 1802.
George Earhart €seal

Sealed and delivered in the presence of us (being first duly stamped)
William Reynolds
R. Allison
Fourth District of Pennsylvania on the day and year above written the above named George Earhart appeared in his proper person before the subscriber president of the several Courts of Common Pleas in and for said district and acknowledged the foregoing letters of Attorney as his act and deed in testimony where of I have here unto set my hand and seal at Bedford in said district the day and year above written.

James Riddle €seal

Edw Crawford, Recorder

A true copy taken from the original the 18th day of May 1802.

To all people to whom these presents shall come I George Earhart only child of John Earhart who was eldest son and heir at law of Peter Earhart late of Hamilton Township County of Franklin and State of Pennsylvania sendeth greeting. Whereas the said Peter Earhart the elder died intestate many years since and prior to the first day of January 1790 leaving a widow and lawful issue to survive him to wit, John the father of the said George party hereto who has since died intestate leaving the said George his only heir, Catharine intermarried with Martin Cook, Mary intermarried with George Cook, Dolly formerly intermarried with Phillip Harman and now to Archibald Berquist (?), Nicholas, Peter, Elizabeth intermarried with Adam Sumah, Michael, Henry, and George all of full age. And whereas the said Peter the elder at the time of his decease was owner and seized of a certain tract of land situated in Hamilton Township apiece containing by estimation fifty acres with usual allowance by the same more or less, adjoining lands of Robert Baird, Andrew Taylor and Abe (?) Plumstead. Now know that I George Earhart son and heir of the said John Earhart for the consideration of the sum of 14 pound three shillings and four pence lawful money of Pennsylvania to me in hand for the receipt whereof is hereby acknowledged, have granted, bargained, aliened, sold, released and confirmed and by these presents do grant, bargain, alien, sell, release and confirm unto my Uncle the said Peter Earhart, the younger all my right, title, estate, Interest, claim and demand of into or out of the before described tract or parcel of land with the appurtenances unto him the said Peter Earhart, his heirs and assigns forever, but for no larger or greater estate than I the said George Earhart hand and held the same. And the said George Earhart for himself, his heirs, Executors and Administrators doth covenant, promise, grant, and agree to and with the said Peter Earhart, the younger his heirs and assigns by these presents that he the said George hath not done committed or willingly suffered to be done or committed any act matter or thing what so ever whereby the premises hereby granted or any part thereof is are shall or maybe impeached, charged, encumbered in title change or otherwise. In witness whereof I the said George Earhart have here unto set my hand and seal this seventeenth day of May in the year of our Lord one thousand eight hundred and two.

George Earhart €seal

By
Samuel Riddle
His Attorney specially constituted
Sealed and delivered in the presence of William Ward, Jr. and Edmund Ross

Received on the seventeenth day of May in the year of our Lord one thousand eight hundred and two the sum of fourteen pounds three shillings and four pence lawful money of Pennsylvania in full of the consideration money above mentioned.

William Ward, Jr.
Franklin County, Pennsylvania.

On the seventeenth day of May in the year of our Lord one thousand eight hundred and two before me the subscriber one of the Associate Judges of the Court of Common Pleas in and for the said County and within deed was acknowledged by the within named George Earhart by Samuel Riddle his Attorney, specially constituted. In witness whereof I have here unto set my hand and seal the day and year last mentioned.

James Chambers € seal

A true copy taken from the original the 18th day of May 1802

Edw. Crawford
Recorder

Transcribed by Lynn Airheart Brandvold

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