Wills: Estate Papers of Valentine Wertz, 1839: Napier Twp, Bedford Co, PA Contributed for use in USGenWeb Archives by Jeff Rinscheid, Rhonda Neibauer, Nancy Peche, Carson Brown, Eilene Moore, and other Wertz researchers. jrinscheid@lucent.com 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. __________________________________________________________ WRIT OF PARTITION ON THE ESTATE OF VALENTINE WERTZ, LATE OF NAPIER TOWNSHIP, DECEASED (Orphans Court Docket Book 8, page 514): Bedford County. The Commonwealth of Pennsylvania. To the Sheriff of Bedford County, Greetings: Whereas at an Orphans Court held at Bedford in and for the said County of Bedford on the 3rd Monday of April 1839 before the Honorable the Judges of the Same Court. The petition of David Patterson, in right of his wife Elizabeth Ann, late Elizabeth Ann Wertz, Hannah Metzger, late Hannah Wertz, widow and relich of Marcus Metzger deceased, William Work in right of his wife Rebecca, late Rebecca Wertz, Sarah Wertz and Valentine Wertz and David Patterson, guardian of the minor children of Mary Ann Metzger, deceased, late Mary Ann Wertz, heirs and legal representatives of Valentine Wertz late of Napier township Bedford County deceased, was present setting fourth that the said Valentine Wertz died Intestate, leaving issue the above named heirs, that he died seized in his demesne as of fee of and in the following Real Estate, to wit: one tract of land, (Patented) situated in the Township & County aforesaid, containing one hundred and sixtry one acres and three quarters adjoining George Mullin, William Kerr and others - one other tract of patented land situate as aforesaid and Containing about two hundred and twenty acres (it being the mansion tract) adjoining George Mullin, John Reynolds and others and one other tract of land situated in the township & County aforesaid granted on a warrant for fifty acres dated 10 March 1794 and praying that an Inquest should be awarded to make partition thereof to and among the heirs and legal representatives of the said Valentine Wertz deceased in such manner and such portions as by the laws of this Commonwealth is directed if such partition can be made without prejudice to or spoiling the whole thereof, but if such partition could not be so made then to value & appraise the same & make return of their proceedings according to law. And the said Inquest as awarded agreeabley to the prayer of partitioners. We therefore Command you that taking with you twelve free and lawful men of your Bailiwick you go to the tracts of land and premises and there upon their oaths and solemn affirmations in presence of the parties and in the presence of the Guardian of such as are minors by you to be warned (if upon being warned they will be present) the aforesaid tracts of land and premises with the appurtenances having respect to the true value thereof into six equal parts you cause to be parted and divided without prejudice to or spoiling the whole thereof and one of the said equal parts unto the said David Patterson and Elizabeth his wife in right of the said Elizabeth, one other of the said parts unto the said Hannah Metzger, widow, one of the said equal parts unto the said Sarah Wertz, one other of the said equal parts unto the said Valentine Wertz, one other of the said equal parts unto the said William Work and Rebecca his wife in right of said Rebecca, and one other of the said equal parts unto the siad David Patterson Gurardian of William, Isiah, Mary Jane and Jackson Metzger, minor children of the said Mary Ann Metzger dec'd, late Mary Ann Metzger, in right of the said Mary Ann, to hold to them in severally you assign and deliver. But if the said inquest cannot make such partition of the said tracts of land and premises aforesaid without prejudice to or spoiling the whole thereor then that you cause the said Inquest to inquire whether the said tracts of land and premises with the appurtenances will accommodate two or more of the said heirs and lineal descendants without prejudice to or spoiling the whole, and if they do so find that they ascertain how many of the said children & lineal descendants the same will accommodate describing each share by mets and bounds and make a just and separate valuation and appraisment thereof. But in case any such partition cannot be made of the tracts of land and premises aforesaid without prejudice to or spoiling the whole thereof that then you cause the said Inquest to value and appraise the whoe together and undivided. And that that partition or valuation so made you distinctlyand openly have before our Judges at Bedford at our Orphans Court there to be held the fourth Monday of August next under your hand and seal andunder the hands and seals of those whose oaths or solemn affirmations you shall have made that partition and valuation. Witness the Honourable Alexander Thomson Esquire President of our said Court at Bedford the Twentieth day of April Anno Domini one thousand eight hundred and thirty nine. Jos. B. Noble, Clerk Orphans' Court