Bedford County, Pennsylvnia--Orphan Court Records--John Cockley Contributed for use in USGenWeb Archives by Jeff Rinscheid, jrinscheid@lucent.com (Copied verbatim as best as I could make it out!) USGENWEB NOTICE: Printing this file by non-commercial individuals and libraries is encouraged, as long as all notices and submitter information is included. Any other use, including copying files to other sites requires permission from the submitters PRIOR to uploading to any other sites. We encourage links to the state and county table of contents. ----------------- January Court, 1813, Bedford County, Page 342 To the Honourable Jonathan Walker Esquire president and his associates, Judges of the Court of Common Pleas in & for Bedford County, now composing an orphans Court in & for aid County of January Term Anno Domini 1813. The petitions of John COCKLEY one of the children and legal representatives of David COCKLEY late of York County in the Commonwealth of Pennsylvania deceased; Humbly showeth that your petitioners said father lately died Intestate, leaving a widow, to wit Elizabeth COCKLEY, and issue seven children, to with, Catharine, Susannah, John, your petitioner, David, Elizabeth, Mary, and Jacob, and that the said intestate died seized in his demise as of fee, inter alias, of and in a certain plantation and tract of land situate in Greenfield, formerly Woodberry Township, in the County of Bedford aforesaid, surveyed on a warrant in the name of George STIGLEADER bounded by lands of James REED and others and containing one hundred and two acres and forty perches and allowance. Your petitioner therefore humbly prays your honours to award an Inquest to make partition of the premises aforesaid to and among the Children and representatives of the said Intestate in such manner and in such proportions as by the laws of this Commonwealth is directed, if such partition can be made without prejudice to or spoiling the while, but if such partition cannot be made, thereof as aforesaid, then to enquire how many of the said Children and Representatives the same will accommodate, and if the said Inquest should find that the said tract of land will accommodate more than one of the Heirs of said Intestate, then to make partition thereof accordingly, together with a just and true valuation of each share. But if the said Inquest should find that the said tract cannot be so divided as to accommodate more than one of the said Children & Heirs, without injury to or spoiling the whole, then to make a just and true appraisement and evaluation of the said tract of land with the appurtenances, and make return thereof to the rest? Orphans Court and your petitions as in duty bound will pray for. John COCKLEY January 4th 1813 petitioner heard and Inquest award by the Court. Dellanne Clk Feb 12th 1813 write issued. Bedford County of the Commonwealth of Pennsylvania to the Sheriff of Bedford County. Greeting: Whereas John COCKLEY one of the Children and legal representatives of David COCKLEY, late of York County in the Commonwealth of Pennsylvania, died on the fourth day of January in the year of our Lord one thousand eight hundred and thirteen, presented a petition to our Judge of the Orphans Court setting fort that said petitioner's father lately died Intestate seised in his demise as a fee inter alia of and in a certain plantation and tract of land, situate in Greenfield formerly Woodberry Township in the County of Bedford aforesaid surveyed on a warrant in the name of George STICKLEADER, bounded by lands of James REED and others containing one hundred and two Acres and forty perches an allowance, That the said Intestate left a Widow to wit, Elizabeth COCKLEY and issue seven Children to wit Catharine, Susannah, John (your petitioner) , David, Elizabeth, Mary, and Jacob, and paying the Court to award an Inquest to make partition of the premises aforesaid to and among the Children and representatives of the said Intestate in such manner and such proportions as by the Laws of this Commonwealth is directed of such partition can be made without prejudice to or spoiling the whole thereof and if such partition cannot be made without prejudice to or spoiling the whole thereof then to enquire whether the same can be so divided as to accommodate two or more of the said children and representatives without prejudice to or spoiling the while and if the so find that they ascertain how many of the said children the same will accommodate discreting each prupart by mates and ____ and making a just separate valuation and appraisement thereof and the same cannot be so divided without prejudice to or spoiling the whole as aforesaid, the to value and appraise the whole undivided according to the act of Assembly in such case made and provided. And the said Inquest awarded by the said Court agreeably to the to the prayer of the said petition. We therefore command you that taking with you twelve honest and lawful men of your Baliwick you go to the land and premises aforesaid, and theirby their oaths or solemn affirmations in the presence of the parties aforesaid by you to be named (if upon being warned they will be present) the said plantation and tract of land with the appurtenances having respect to the true value thereof into seven equal parts you cause to be parted and divided, and one of the said Equal parts unto the Catharine, on e other of the said equal parts unto the said Susannah, one other of the said equal parts unto the said John, one other of the said equal parts unto the said David, one other of the said equal parts unto the said Elizabeth, one other of the said equal parts unto the said Mary, and one other of the said equal parts unto the said Jacob. To hold to them in severalty you assign and delivery. And that immediately afterwards you cause full seizure of Equal third parts of the said premises to them the said Catherine COCKELY, Susannah COCKELY, John COCKLEY, David COCKLEY, Elizabeth COCKLEY, Mary COCKLEY, and Jacob COCKELY to be divided to the said Elizabeth COCKLEY (widow of David COCKLEY, decd) as and for her dower in the same real Estate for the term of her natural life. But if the said Inquest cannot make such partition of the tract of Land and Premises aforesaid without prejudice to or spoiling the whole thereof, that then you cause the said Inquest to enquire whether the said tract of land and premises will conveniently accommodate two or more of the said Children and legal representatives without prejudice to or spoiling the whole thereof and if the de so find that they ascertain how many of the said Children the same will accommodate discreting each share by mites and bounds and make a just and separate valuation and appraisement thereof. But in case any such partition cannot be made of the tract of land and premises aforesaid without prejudice to or spoiling the while thereof, then you cause the said Inquest to value and appraise the whole of the said tract of land and premises with the appurtenances undivided. And that partition or valuation so made you distinctly and openly and appenly? Have before our Judges at Bedford at our Orphans Court the to be held the first Monday of April next under your hand and seal and under the hands and seals of those by whose oaths or affirmations you shall make that partition of valuation. And have you then there this Writ Witness. Jonathan WALKER, Esquire, president of said Court at Bedford the fourth day of January, Anno Domini one thousand eight hundred and thirteen. David MANN, Clk To the Justice within named, I do hereby Certify that by virtue of the within Writ to me directed having first duly warned the parties, I took with me twelve free honest and lawful men of my bailiwick and thereby their oaths and affirmations have valued and appraised the land and premises in the said writ mentioned. So answers J. L? MORRISON?, Shff -------------------------- Inquisition Indented and taken at the dwelling house of Nicholas BURK in Greenfield Township, Bedford County, the second day of March in the year of our Lord one thousand eight hundred and thirteen before Joseph L. MORRISON, high sheriff of Bedford County by virtue of a Write of Partition or Valuation to him directed and to this Inquisition annexed and by the oaths and affirmations of Nicholas MCGUIRE, John BOYERS, Michael BRANUFF, John STIFFLER, Stephen DELANCEY, John JUSTIC, Peter McGRAW, Edward McGRAW, William LIVINGSTON, Richard SHIRLEY, Esq, Patrick SHIRLEY, and Abraham BOLINGER (BULGER?), twelve free honest and lawful men of his bailiwick who upon their oaths… (didn't have rest of this page to transcribe…) Page 367 5th April 1813 On motion the Court grants ___ on the heirs & legal representatives of David COCKLEY late of York County in the Commonwealth of Pennsylvania, decd to appear at an Orphans Court to be held at Bedford for the County of Bedford on the first Monday of August next, and accept or refuse to take at the valuation the real estate of the said David COCKLEY decd viz a tract of land situate in Greenfield (formerly Woodberry) Township in the County of Bedford. Surveyed on a warrant in the name of George STICKLEADER bounded by lands of James REED & others containing one hundred and two acres and forty perches & allowance, which was appraised in pursuance of an order of the Orphans Court of Bedford County to the Sheriff of said County for that purpose directed. And the Court directs that a copy of this rule be published in the Bedford Gazette and York Recorder for the span of one month previous to the first Monday of August next. Page 383 August 2nd, 1813 In the case of the estate of David COCKLEY, decd, John COCKLEY, eldest son of the intestate appeared in open Court, and accepted of the land at the valuation same day on motion the Court decree that the land , or real estate, of David COCKLEY, decd, which was appraised by the Sheriff of Bedford County the 2nd day of March 1813, in pursuance of a Writ of partition or valuation to him for that purpose directed, __ to and be vested in the said John COCKLEY and be possessed and enjoyed by the said John COCKLEY, his heirs and assigns in severally as fully and for such estate as the Intestate had held the same. He the said John COCKLEY entering into a recognizance in $300 and one security in $200 to be approved of by the Orphans Court, for the faithful paying over to each of the other heirs of the said Intestate, their respective shares or purparts of the said estate - as follows: to wit, one third to be retained in the hands of the said John COCKLEY until the death of the widow of the said intestate, and to be a lien on the land, he paying her t he interest of the same annually during her natural life, and immediately after her death to be paid to the respective heirs. The remaining two thirds to be paid in two equal payment, one thereof in three months, and the other in six months without interest. Same day James U. RUFSELL approved of by the Court as security for John COCKLEY. August 3, 1813 Came into Court John COCKLEY and James U. RUFSELL and acknowledged to owe & stand indebted to the Commonwealth for the use of the heirs of David COCKLEY late of York County decd as follows, viz, The said John COCKLEY in the sum of three hundred dollars & the said James U. RUFSE: in the sum of two hundred dollars. Conditioned that the said John COCKLEY shall abide the decree of the Court above stated and pay over the money agreeable to the said decree to the persons entitled receive the same. Acknowledged in open Court the same day. Dell Ann Clk John COCKLEY J. U. RUFSELL ---------------------------------------------- Deed Book IJ Page 597-599, No. 04202: COCKLEY to BURD (in 1815) This Indenture made the third day of April in the year of our Lord one thousand eight hundred and fifteen between John COCKLEY of Manchester Township in the County of York and State of Pennsylvania of the one part and Nicholas BURD of Greenfield Township in the County of Bedford and State aforesaid of the other part. Witnesseth that the said John COCKLEY for and in Consideration of the sum of two hundred and seventy five dollars Lawful money of the United States to him in hand will and truly paid by the said Nicholas BURK at and before the ensealing and delivery hereof the receipt whereof he doth hereby acknowledge and therewith being fully satisfyed hath granted bargained and sold a liened enfeoffed and Confirmed and by these present doth fully freely and absolutely grant braing and self enfoff and Confirm unto the said Nicholas BURK and to his heirs and assigns all that the hereafter described tract of Land situated Lying and being in the township of Greenfield in the County aforesaid formerly Woodberry called George's Hope bounded and described as follows to wit Beginning at a white oak then by land of James REED south fifty eight perches to a dogwood then by vacant Land south sixty seven degrees west seventy perches to a white oak south eighty nine degrees and a quarter west one hundred and forty three perches and ___ to a post north sixty four degrees west forty perches to a white oak, north forty perches to a post by a white oak north seventy four? Degrees east eighty perches to a post, South twenty degrees east twelve perches to a chestnut oak, east sixty perches to a chestnut oak, south forty degrees East forty two perches to a Chestnut oak and south eighty one degrees East seventy one perches to the place of beginning Containing one hundred and two acres and forty perches and the usually allowance by the same more or less. IT being the same tract of Land which the Commonwealth of Pennsylvania by patent date the 20th day of October A.D. 1796 did grant and conform ___ George STIGLEADER in fee as by the said patent ____ in the land Office for the State of Pennsylvania in patent Book Nr. ____ Page 382) may appear another said George STIGLEADER by his indenture noted the 26th day of October 1796 granted and conveyed the same to a certain Henry PENTZ in fee and the said Henry PENTZ and Catharine his wife by their indenture date the 30th day of March A.D. 1802 granted and conveyed the same to a certain David GACKLEN or COCKLY in fee and the said David GACKLEN being so seized thereof died intestate and on the 4th day of January A.D. 1813 John COCKLEY oldest son of the said David presented his Petition to the Orphans Court of Bedford County for partition valuation of said tract of Land whereupon such proceedings were had in the said Court that on the 2nd day of August A.D. 1813 the said Court ordered and decreed that the title to said Land should pass to and be vested in the said John COCKLEY party hereto as by the records of the said Court at Bedford may more fully appear, together with all and singular the buildings and improvements thereon made or erected profits commodities advantages emaluments (?) hereditaments and appurtenances whatsoever to the said described tract of Land belonging is in any ___ apportioning(?) And the ____sions remainders rents issues and profits thereof also all the estate right title interest use professions property Claim and demand whatsoever of him the said John COCKLEY in Law or Equity or other wise ___ forever of into or out of the said described tract of Land belonging or in any part thereof together with all true Copies of deed evidences and writing touching and concerning the hereby granted premises or any part or parcel thereof to be had and taken at the costs and Charges of the said Nicholas BURK his heirs and assigns to have and to hold the said tract of Land as above described and the premises hereby granted mentioned or intended so to be with the appurtenances unto the aforesaid Nicholas BURK his heir and assigns forever to his and their only proper use benefit and he of (?)and to and for no other use intent meaning or purpose whatsoever and the said John COCKLEY for himself and his heirs doth Covenant promise grant and agree to and with the said Nicholas BURK his heirs and assigns by these presents that he the said John COCKLEY and his heirs the above described tract of Land hereby granted bargained and sold with the appurtenances unto the said Nicholas BURK his heirs and assigned against him the said John COCKLEY and his heirs and all and every other person and persons whomsoever legally claiming or to claim the same or any part thereof by from or under him shall and will ____ and forever defend. In testimony whereof the said John COCKLEY hath hereunto set his hand and affixed his seal the day and year first above written. John COCKLEY (seal) Sealed and delivered in the presence of Ch___ REILEY James M. RUSSELL Received on the within indenture of therein named Nicholas BURK the sum of two hundred and seventy five dollars in full for the consideration money above mentioned. John COCKLEY Witness C_ REILEY Bedford County, __Be it remembered that on the third day of April Anno Domini one thousand eight hundred and fifteen before me the subscriber one of the Justices of the peace in and for said County personally appeared the above named John COCKLEY and acknowledged the above indenture to be his act and deed to the intent that the same might be recorded as such. Witness my hand and seal the same day. Christopher REILEY (seal) Record the 3rd day of April A.D. 1815. David MANN, Recorder