Pickaway-Hancock-Perry County OhArchives Wills.....Phillippi, Sr., David , Et. Al. October 14, 1857 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/oh/ohfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Linda Franks Beebe lindafranksbeebe@juno.com July 30, 2009, 12:44 pm Source: Somerset County, Pa Wills And Court Records Written: October 14, 1857 Recorded: June 30, 1858 (1) In the name of God. Amen. I, David Phillippi being in good health and of a Sound and disposing mind and memory do make and declare this to be my Will and testament, in manner following that is to Say, I order that all my just debts said expenses in proving this my will, be in the first place fully paid and Satisfied, and after payment thereof I give and bequeath to Rebecca Phillippi the property in which I now live. Situated in the borough of New Centreville Somerset County Pa. adjoining lots with Mary Knable on the west and a lot belonging to myself on the east constituting a lot of Ground and the buildings thereon erected, and that the Said property Shall be put to rent at Publick outcry to the highest bidder and the rent thereof to be put at interest which the Said Rebecca Phillippi Shall not receive until She Shall become in need. I also will and bequeath the said Rebecca Phillippi four hundred dollars to be put at interest and the interest She Shall not receive until She Shall become in need. I also will and bequeath that portion of the estate whatever may be after Settlement thereof shall also be put at interest and the interest thereof shall be appropriated to her use whenever She shall become in need. I further will that after a Settlement of my affairs shall be made, each of the heirs Shall receive an equal share of the estate excepting Henry’s daughter Isabel Phillippi, I further will the Said Isabel Phillippi three dollars. I do hereby constitute and appoint David Phillippi, Jun. executor of this my will. I declare this only to be my will testament, In witness whereof I the Said testator David Phillippi sign here to this my last will and testament set my hand and seal the 14th day of October A.D. 1857. David Phillippi Signed. Sealed. published and declared by the Said testator David Phillippi as and for his last will and testament in the presence of us who in his presence and at his request and in presence of each other, have Subscribed our names as witness there of Michael Frease, Dennis F. Walker Somerset County SS This 30th day of June 1858 personally appeared before me R. R. Marshall Register for the Probate of wills & granting letters of administration in and for Said County Michael Frease & Dennis F. Walker the Subscribing witnesses to the foregoing instrument of writing who being duly qualified according to law do depose and Say that they were present and saw and heard David Phillippi the above named testator direct Dennis F. Walker to Sign his name to the above instrument of writing for him and in his stead as his last will & testament and did see & hear this Said David Phillippi Testate as aforesaid publish pronounce & declare the foregoing instrument of writing as and for his last will & testament & that he was at the time of So doing of sound mind memory (2) David Phillipi, dec'd To M. Kieffer & Co., ---- To subscription to "German Reformed Messenger" From No. 222, Dec. 11th 1839, to No. 1190 July 14th 1858, 187/12 years, @$2.50---$46.50. Probate .20, [total] $46.70 Franklin County, ss Before me a Justice of the Peace in and for the County of Franklin personally came J. R. Fisher of the firm of Kieffer & Co. who being sworn according to law doth respond and say, that the above account of forty six dollars and fifty cents is just. And further saith not Sworn and subscribed This 20th day of July AD 1858. Samuel R. Fisher [and] Thos J. Wright (3) Letters of Administraton The State of Ohio Pickaway County ss To all Whom these presents shall come Greeting: Know Ye, That at a Probate Court holden within and for the County aforesaid, in the 21st day of December AD 1860 Thomas W. Powell, was duly appointed by said Court Administrator of the personal estate of Catharine Dean late of said County deceased. And whereas the said Thomas W. Powell having appeared before said Court, accepted said appointment and entered into bond, with security, as required by said Court These are therefore, to authorize and empower the said Thomas W. Powell, to administer according to law, all and singular the goods, chattels, moneys, rights and credits of said deceased, and also the proceeds of all the real estate of said deceased which he may be authorized to sell for the payment of the Debts of said deceased, to collect all the debts due to and pay those due from the estate of said deceased so far as its means will extend and the law require: and to do all things which may be lawfully done in the premises, to effect the just and speedy settlement of said estate. In Testimony whereof the seal of said Court is hereunto affixed. Witness Fred. Cogswell Judge of Said Court this 21st day December AD 1860. Fred’ Cogswell, Probate Judge The State of Ohio Pickaway County ss I Fred’ Cogswell Probate Judge of Said County Certify the above to be a true copy of the original letters of Administration on file in my office. Witness my hand and the seal of said Court at Circleville this 21st day of December AD 1860. Fred Cogswell, Probate Judge Endorsement Catharine Dean Estate Thomas W. Powell Letters of Administration Filed 21st December 1860. Fred Cogswell, Probate Judge Recorded Vol. 1, Page 184 (4) Letters of Administration To the Orphans Court of Somerset Count The petition of David Phillippi son and heir and also Executor of the Last Will and testament of David Phillippi Senr. Late of Milford Township deceased respectfully represents That the said David Philippe Lately died testate Leaving issue ten children to wit; 1. Catharine intermarried with Elijah Wright But now deceased leaving issue four children to wit Harriet, Emily Elizabeth & Elijah, all residing in Pickaway County Ohio 2. Elizabeth Intermarried with Isaac Crossen of Perry County Ohio 3. Jacob Phillippi of Somerset Co. Pa 4. Mary Dell of Somerset Co., Pa. 5. Susan intermarried with Philip Kline of Illinois 6. Sally intermarried with Solomon Watkins now deceased leaving issue Two children to wit Silas and Lavina of Hancock County Ohio 7. Rebecca Philippi of Somerset County, Pa 8. David Philippi your petitioner 9. Issabella Philippi daughter of Henry Philippi 10. Harriet intermarried with H. B. Barnes of Somerset County, Pa That the said David Phillippi died making a will dated the 14th day of October 1857 which was duly admitted to probate on the 30th day of June 1858. that the said testator made no provision in his said will for the dispensation of his Real Estate that the said testator died seized in his demise as of fee of and in the following Real Estate. to wit No. 1 A tract of Land situate in Milford Township Somerset County Penna adjoining Lands of Josiah Miller Michael Frease & others containing fourteen acres more or less all clear and under a good state of cultivation No. 2 A Lot of ground situate in the Borough of New Centerville Somerset County Pa. marked & known as the ground plan of said Borough as Lot. No containing about one fourth of an acre adjoining Lands of Rebecca Philippi & Simon Vought. Your petitioner would therefore pray your honor to an inquest to make partition of the premises aforesaid to and among the children and representatives of said dec'd in such manner and in such proportions as by the laws of this commonwealth in directive of such partition can be made without prejudice to or spoiling the whole. But if such partition cannot be made thereof as aforesaid then value and appraise the same & make reports David Phillippi Somerset County David Phillippi Sworn says that the Contents of the foregoing petition are just and true to the Best of his Knowledge & belief David Phillippi. Sworn & Sealed Before me March 26 1862, E. K. Haines, Clerk (5) Somerset County SS At an Orphans Court held at Somerset in and for Said County on the 28th day of April AD 1862 before the Honorable the Judges thereof The Petition of David Phillippi Son & heir and also Executor of the last Will & Testament of David Phillippi, Sr. late of Milford Township Somerset County declared respectfully represents That the Said David Phillippi lately died testate leaving issue Ten Children to wit 1st Catharine intermarried with Elijah Wright, but now deceased leaving issue four children to wit Harriet, Emily, Elizabeth & Elijah all residing in Pickaway County Ohio, 2. Elizabeth intermarried with Isaac Crossen of Perry County, Ohio, 3. Jacob Phillippi of Somerset County Pa 4. Mary Intermarried with Christian Dell of Somerset county Pa 5. Susan intermarried with, Philip Kline, of Illinois 6. Sally intermarried with Sol omon Watkins, now deceased leaving issue two children to wit Silas & Lavina of Hancock County Ohio, 7th Rebecca of Somerset County Pa 8th your Petitioner. 9th Issabella Phillippi “daughter of Henry Phillippi of Somerset County Pa” of whom John Chorpening is Guardian, 10. Harriet intermarried with H. B. Barnes of Somerset County PA That the Said David Phillippi died Making a will dated the 11th day of October 1857, which was duly Admitted to probate on the 30th day of June 1858, That the Said testator made no provisions in his Said Will for the disposition of his real estate that the Said testator died seized in his demise as of fee of and in the following Real estate to wit, No 1 a tract of land situate in— Milford township Somerset County Penna adjoining lands of Josiah Miller Michael Frease & other containing fourteen acres more of less all clear and under a good state of cultivation No 2 a lot of ground situate in Borough of New Centreville Somerset County Pa marked and known on the Plan of Said Borough as Lot No., containing about one fourth of acre adjoining lands of Rebecca Phillippi & Simon Vought, Your petitioner would therefore pray your honor to award an inquest to make partition of the premises aforesaid to and among the children and representatives of Said deceased in Such Terms & in Such proportions as by the laws of the Commonwealth directed if Such partition can be made without prejudice to or spoiling the whole, but if Such partition cannot be made there of as aforesaid there to value and appraise the Land and of their proceedings therein make Partition according to law. Witness The Honorable James Nill at Somerset this 28th April 1862. E. K. Haines, Clerk Inquisitions Indented and taken with property of David Phillippi Sr. deceased in Milford Twp & New Centreville Borough on the 2nd day of July AD 1862 before R. P. Cummins High Sheriff of Somerset County by virtue of a writ of Partition as valuation to him directed and to the inquest surveyed by the oath, and affirmations of John Wellen Jonathan Hay, Jonathan Sechler Peter Brubaker Aaron Will Joseph Schrock Amos Schrock, Nehimiah Miller Jess. C. Sweitzer, Alexander Caldwell Simon Vought and Michael Frease ---free and lawful men of his bailiwick who in their oaths and affirmation, do respectively Say that in the day and year aforesaid they went to and upon the lands and tenements of which David Phillippi Sr deceased did seized in the Said writ mentioned and then and there did find that the Said lands and tenements could not be partitioned or divided to and among all the children and legal representatives of the Said David Phillippi So decided without prejudice to in Spoiling the whole thereof and therefore the inquest aforesaid on their oaths and affirmations aforesaid have valued and appraised the Real Estate as follows No 1. a Tract of Land at $28.00 per acre No 2. A Lot of Ground “ $28.50 In testimony whereof as well the Said Sheriff as the inquest have to this inquisition set their hands and seals the day and year above written. R. P. Cummins, shff Michael Frease, Simon Vought Alexander Caldwell, John Wellen Jonathan Sechler, Jonathan Hay Peter Brubaker, Joseph Schrack, Nehemiah Miller, Jess C. Sweitzer Aaron Will, Amos Schrock (6) Somerset County SS At an Orphans Court held at Somerset in and for Said County on the 25th day of August AD 1862, before the Honorable the Judge thereof On Motion Hayers& Kimmel The Court confirm the Inquisition on the Real Estate of David Phillippi Sr. dec’d and Grant a Rule on the heirs and legal representatives of Said dec’d, to appear at an orphans Court to be held at Somerset in, and for Said County on the 2nd day of November, Next, 1862 to accept or refuse to take the real Estate of Said deceased, at the appraised price or show cause why the Same should not be sold. Extracts from the Record of Said Court Certified 25th day of Augt 1862 E. K. Haines, Clerk Heirs & Legal Representatives Catharine—intermarried with Elijah Wright but now deceased leaving issue four children to wit, Harriet, Emily, Elizabeth & Elijah all residing in Pickaway County Ohio Elizabeth—Intermarried with Isaac Crossen Res'd. in Perry County Ohio Jacob Phillippi Resident in Somerset County Penna Mary—Intermarried with Christian Dell Susan—Intermarried with Philip Kline Resident in Illinois Sally—Intermarried with, Solomon Whatkins now deceased. Leaving issue two children to Wit Silas & Lavina of Hancock County Ohio Rebecca Phillippi—of Somerset County Pa David Phillippi –of Somerset County, Pa. Issabella Phillippi “daughter of Henry Phillippi of Somerset County Penna dec of whom John Chorpening is Guardian- Harriet—Intermarried with H. B. Barnes of Somerset Co. Pa And now to wit Mary Dell widow, care of the children and heirs at law of David Phillippi dec'd in her own right and also in right of Jacob Phillippi the oldest son and heir at law of said deceased, whose share she has purchased comes into court and prays that the real estate numbered One and two the first being thirteen acres and eightteen perches the latter fifty two perches of land as in the sheriff's inquest set forth and described be assigned to her at the appointed price, and offers as her security David Phillippi. No other person appearing to claim the privileges of taking any of said real estate at the appraised price – The Court enforce due consideration ordered and decree that the said Mary Dell by entering into recognizance herself in the sum of six hundred dollars and David Phillippi her Surety in a like sum of Six hundred dollars, conditioned that she pay or cause to be paid unto the other heirs legally entitled hereto heirs several agreed and proportionate parts due them and of said real estate after deducting fees & expenses to wit:--1. To Harriet, Emily, Elizabeth and Elijah Wright, children and heirs of Catharine Phillippi deceased, who was intermarried with Elijah Wright, the sum of Eight dollars and eighty five cents each:--2. To Elisabeth Phillippi, intermarried with Isaac Crossan the sum of Thirty- five dollars and forty cents:--3. To Susan Phillippi inter- married with Philip Kline the sum of Thirty-five dollars and forty cents:--4. To Silas and Lavina Watkins children and heirs of Sally Phillippi dec’d, who was intermarried with Solomon Watkins the sum of Seventeen dollars and seventy cents each: --5. To Rebecca Phillippi the sum of thirty-five dollars and forty cents: --6. to David Phillippi, the sum of Thirty-five dollars and forty cents: --7. To Harriet Phillippi, intermarried with Hamilton B. Barnes, the sum of Thirty-five dollars and forty cents, in one year from this date with interest, and also pay the fees & expenses connected with these proceedings, to wit the sum of Seventy- seven dollars and five cents—Shall hold and enjoy the real estate aforesaid, valued the -------aforesaid----heirs and assigns forever, as fully and freely as said decedent had use and held the same in his lifetime at and immediately before his death agreeably to their acts of assembly in such cases made and provided:-- Whereas from the Said Mary Dell and David Phillippi cause foresaid and jointly and severally acknowledge themselves to owe to the commonwealth of Pennsylvania for the use of the other heirs of David Phillippi deceased, the sum of Six Hundred dollars, to be levied of Heirs goods and chattels, lands and tenements – Conditioned that he pay or cause to be paid unto the heirs of said deceased the amount to which they are severally entitled as aforesaid. Now if the said Mary Dell and David Phillippi or their heirs or legal representatives, shall pay to the other heirs of David Phillippi deceased, to wit: To Harriet, Emily, Elisabeth & Elijah Wright, the heirs of Catherine Wright deceased each the sum of Eight dollars & eighty-five—To Silas & Lavina Watkins, the heirs of Sally Watkins deceased, each the sum of Seventeen dollars and seventy cents—To Elisabeth, wife of Isaac Crossan To Susan, wife of Philip Kline—To Harriet, wife of Hamilton B. Barnes—To Rebecca Phillippi & to David Phillippi, each the sum of thirty five dollars and forty cents in one year from this date with interest—and also pay the fees and expenses connected with the processing on the writ of Partition, to wit the sum of Seventy=seven dollars and five cents, these the above recognize to be paid otherwise to be and remain in full force and residue. The above is a draft of a lot of ground in Centreville Borough containing 52 perches strict measure drafted & calculated at the instance of R. P. Cummins Sheriff Aug 23. 1862. E. Cunningham, Sur The above plot represents 13ths 18 perches of Land which David Phillippi Snr reserved from his Mansion tract which he sold to his son Henry and Surveyed off at his request a few years before his death by William Scott. draughted at the instance of R. P. Cummins Sheriff. Aug 23d, 1862. E. Cunningham, Sur Cunningham fees $2.00 (7) To the Honorable the Judges of the Orphans Court of Somerset County: The undersigned Auditor Appointed by the Court to make distribution of the fund in the hands of David Phillippi Executor of David Phillippi dec’d to and among them legally entitled thereto, begs leave to submit the following report. That after having given due & timely notice – to all parties interested, by publication in the “Somerset Herald & Whig” & “Somerset Democrat”, he sat at his Office in the Borough of Somerset on Friday the 20th day of March 1864, for the purposes mentioned in the foregoing Commission. Your Auditor finds in the hands of the Administrator for distribution the sum of Twenty six hundred and twenty three Dollars and ninety one cents ($2623.91). The Administrator did not claim credit for his claims against the estate, one in favor of Mr. Scott for service rendered, said estate in drafting &c for $1.50, the other in favor of H. B. Barnes on note given by the Executor on settlement for $86. which with the interest thereon amounts to Ninety dollars & eighty-four cents ($90.84). These claims are allowed first out of the fund, After deducting the expenses of audit, your Auditor proceeded to distribute the balance of the fund according to the provisions of the will of said deceased which are as follows- “I order that all my just debts and expenses in proving this my will be in the first place fully paid and satisfied, and after payment thereof I give and bequeath to Rebecca Phillippi the property in which I now live &c &c –I also will and bequeath the Said Rebecca Phillippi Four hundred dollars to be put at interest, and the interest she shall not receive until she shall become in need. I also will and bequeath that her portion of the estate whatever may be after settlement thereof shall also be put at interest, and the interest thereof shall be appropriated to her use whenever she shall become in need. I further will that after a settlement of my affairs shall be made, each of the heirs shall receive an equal share of the estate excepting Henry’s daughter Isabel Phillippi, I further will the said Isabel Phillippi three dollars” Your Auditor has therefore allowed the sum of Four hundred dollars ($400.) & $137.68 being the interest thereon from death of Testator making in all $537.68 to Rebecca Phillippi for whom H. B. Barnes is Committee. The share of Isabel Phillippi has already been paid. to her guardian by the Executor (see Exectiss account. The remaining heirs who are entitled to an equal share of said fund are 1. Catharine intermarried with Elijah Wright since dec’d and afterward intermarried with John Dean who is also deceased It having been proven to your Auditor that said Catharine Dean died on the 5 Aug 1860, subsequent to the death of testator, and that on the 21 Dec 1860 letters of administration then were granted to Thomas W. Powell, upon the estate of Catharine Dean by the Probate Court of Pickaway County State of Ohio (a copy of which is hereto attached) her share is awarded to said Thomas W. Powell Admin. 2. Elizabeth – intermarried with Isaac Crossen 3. Jacob – 4. – Mary intermarried with Christian Dell 5. Susan intermarried with Philip Kline, 6. – Sally inter-married with Sol. Watkins both deceased leaving issue Silas & Lavina, to whom the share of said Sally is divided equally. 7. Rebecca for whom H. B., Barnes, Esq. is Committee. 8. David. 9. Harriet intermarried with H. B. Barnes. The following statement shows the order of distribution, and the amount to which the parties are respectively entitled. Amount in the hands of Executor as per his Account filed 21 Nov 1863. $2623.91 From which deduct 1st Acct of Wm Scott - $1.50, 2c Note of H. B. Barnes - 90.84 [amount to be deducted] 92.34. [remander] = $2531.57 Then deduct expenses of Audit (-----) Rec’d my fees, T H Bozts; Clerk’s fees - $2.50 Rec’d my fees & printing fees from D Phillippi & -----Wm H. Koonz , Aud. fees & Printing in 2 Papers - $20.00 [total to subtract] $22.50. [Remaining] $2509.07. W H. Koonz. Then deduct amount of legacy of Rebecca Phillippi with the interest thereon $537.68. (Remaining to be distributed) $1971.39 The above balance of $1971.39 is distributed to the heirs of said deceased as follows 1st Thomas W. Powell Admn of Catharine Dean - $ 219.042/3 2c Elizabeth intermarried with Isaac Crossen - 219.042/3 3c Jacob Phillippi - 219.041/3 4th Mary Phillippi intermarried with Christian Dell - 219.041/3 5th Susan Phillippi intermarried with Philip Kline - 219.041/3 6th Sally Watkins Heirs as follows: 1. Silas Watkins - $109.521/6. 2. Lavina Watkins 109.521/6. [total distributed] 219.041/3 7th Rebecca Phillippi for who H. B. Barnes is Committee 219.041/3 8th David Phillippi 219.041/3 9th Harriet Phillippi intermarried with H. B. Barnes 219.041/3 Total distributed $ 1971.39 All of which is respectfully submitted Wm.H. Koonz, Auditor (8) To the Orphans Court of Somerset County The Petition of Mrs. Harriet Barnes one of the daughters of David Philippi deceased respectfully represents that David Philippi administrator of David Philippi deceased has filed an account of his administration Said Estate Showing a balance in his hands of $ Your petitioner would therefore pray your honor to appoint some further person as auditor to distribute the amount to and among the heirs of said David Philippi deceased And she will pray &c Hayes & Kimmel, Atty of Mrs. H. Barnes To the Honorable the Judges of The Orphans Court of Somerset County— The petition of David Phillippi Exec of the estate David Phillippi late Of Centreville borough & Respectively Represents That his, decedent, -purchased at --?-sale the interest of Francis Phillippi In the estate of his father George Phillippi dec'd and that he is Therefore entitled to receive said Share-That John G. Phillippi sold By order of the Orphans Court of Said county some time in The year 1850 a tract of land belonging To the estate of said Geo. Phillippi now dec'd and has as yet failed no account of his said trust your Petitioner therefore prays your honor that a citation may issue---- said John G. Phillippi to file an account of his said trust thirty days before the commencement of the April term of said court And the will &c. David Phillippi, Jr.,Exec of David Phillippi---by J. R. Edwin, Atty of Exec. Additional Comments: Et. al. names - Heirs: Catherine Phillippi (Elijah) Wright (Johnson) Dean (Patrick) Rork, Elizabeth Phillippi (Isaac) Crossen, Jacob Phillippi, Mary Phillippi (Christian) Dell, Susan Phillippi (Philip) Kline, Sally Phillippi (Solomon) Watkins, Silas Watkins, Lavina Watkins, Rebecca Phillippi, David Phillippi, jr., Harriet Phillippi (Hamilton B.) Barnes, Harriet Wright (Thomas) Powell, Emily Wright (Thomas) Burton, (Mary) Elizabeth Wright (John) Wilson, and Elijah Profet Wright. File at: http://files.usgwarchives.net/oh/pickaway/wills/phillipp147gwl.txt This file has been created by a form at http://www.genrecords.org/ohfiles/ File size: 25.0 Kb