Wills: Probate Records: Anthony Heffner, 1803-1819: Maxatawny Twp, Berks Co File contributed for use in USGenWeb Archives by Kevin Heffner. kheffner@tcsn.net USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Probate Records concerning Anthony Heffner, 1803-1819 KNOW ALL MEN by these PRESENTS, that we George Heffner & Jacob Heffner Sons of Anthony Heffner late of Maxatawny Township yeoman desc John Bieber & Jacob Harman of the Same Place all of Berks County----------------------------------- are held and firmly bound unto the commonwealth of Pennsylvania, in the sum of five thousand pounds, lawful money of Pennsylvania, to be paid to the said commonwealth--- To which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, and every of them, jointly and severally, for and in the whole, firmly by these presents. Sealed with our seals, dated the 2d day of August Anno Domini 1803. THE CONDITION of the above OBLIGATION is such, that if the above bounden George Heffner & Jacob Heffner administrators of all and singular goods, chattels, rights and credits of Anthony Heffner deceased, do make or cause to be made, a true and perfect inventory of all and singular the goods, chattels, rights and credits which were of the said deceased, within said county, which have or shall come to the hands, possession or knowledge of the said George & Jacob or into the hands, possession or knowledge of any other person or persons, for them and the same so made, do exhibit or cause to be exhibited into the register's office at Reading, in and for the county of Berks, at or before the Second day of September next; and the same goods, chattels, rights and credits, which were of the said deceased at the time of his death, or which at any time heretofore have come, or hereafter shall come to the hands, possession and knowledge of the said George and Jacob or of any other person or persons, for them do well and truly administer according to the law. And further do make or cause to be made, a true and just account, calculation or reckoning of their said administration, at or before the Second day of August in the year of our lord one thousand eight hundred and four And all the rest and residue which shall be found remaining upon the said administrators account, the same being first examined and allowed by the orphan's-court of the county of Berks, shall deliver and pay unto such person and persons, as the said court by its decree or sentence shall limit and appoint. And if it shall hereafter appear that any last will and testament was made by the said deceased, and the executor or executors therein named do exhibit the same into the said register's office, making request to have it allowed and approved accordingly, if the said George & Jacob being thereunto required, to render and deliver up the said letters of administration; approbation of such testament being first had and made in the said office, Then the above obligation to be void and of no effect, or else to be and remain in ful force and virtue. SEALED & DELIVERED George Heffner in the presence of Wm Witman jun. Jacob Heffner P Frailey M. Bieber Jacob Harman Note: these notes, written in German, are the "renunciation of the widow and some heirs", as is indicated by the records specialist who copied them. I Catherine Hefner have willingly given my son George Hefner in my place to administer (the Estate of my husband) Note: the following sons also added similar lines in German, and signed them, as renunciations to administer the Letters of Administration: John Hefner the oldest son Abraham Hefner ******(an inventory of the goods of Anthony Heffner follows)****** Berks County Ss, Personally appeared before the Subscriber one of the Justices of the Jeau in the said County Daniel High & David Hottenstein the appraisers within named the former being affirmed the latter ____ agreeable to Law do depose and Say that they have appraised the forgoing articles to the best of their skill & understanding. Affirmed & Sworn the 20th day of August 1803 Daniel High Before me David Hottenstein M. M Hyneman To the Honorable the Judges of the Orphans Court of Berks County: The Petition of George Heffner One of the Sons of Anthony Heffner Late of Maxatawny Township yeoman desc-- Respectfully Sheweth: That your Petitioners Father died Intestate about five weeks since leaving a Widow named Catherine and Issue Eight children /to wit/ Catherine Intermarried with John Faust, John, Fanny Intermarried with Isaac Pfeiffer, your Petitioner, Abraham, Isaac, Jacob, and Polly, the last named is yet in her Minority, and that the said Intestate died seized in his demise as of Fee of and in Two Tracts of Land with a messuage on Each Erected, The one situate in Maxatawny Township Adjoining Land of Jacob Leibelsberger, Joseph Gross, Jacob Hinterlicter & others, Containing Two hundred & forty Acres more or less. The other Tract Situate in Long Swamp Township Adjoining Lands of Samuel Butz, Michael Isabel, and others, Containing forty Six acres more or Less, with the Appertenances. Therefore praying the Court to Award an Inquest to make Partition or value of the Aforesaid Tract of Land, Agreeable to the Intestate Laws of this Commonwealth in such Care made and provided & he will pray etc. George Heffner Reading Aug. 27th 1803 Inquisition indented and taken at the Township of Maxatawny- in the County of Berks in the State of Pennsylvania, the ninteeth day of October in the year of our Lord one thousand, eight hundred and three. Before John Spyker, High Sheriff of the County aforesaid, by virtue of a Writ from the Orphans Court to him directed, and to this Inquisition annexed, by the oath of Peter Kline, Jacob Sweyer, David Kline, George Kemp, Michael Croll, Christian Seibert, John Bieber, George Kemp junr., Isaac Levan, and Jacob Brobert and the solemn Affirmation of Samuel Ely and George Breyfogle.---- twelve free honest and lawful Men, of the said County, who upon their Oath & Solemn Affirmation respectively do say: that they went to the Messuages and Tracts of Land in the said Writ mentioned, whereof Anthony Heffner in the said Writ mentioned died seized; and them and their finding, that the same could not be parted and divided to and among the parties in the said Writ named, without prejudice to or spoiling the whole thereof therefore they have valued and appraised the said Real Estate or Lands and premises, with the appertenances at two thousand,three hundred pounds---------------- in Gold or Silver Money.- -------------------------------------------------- In Testimony whereof as will the said Sheriff, as the Inquest aforesaid, have hereunto interchangably set their Hands and seals, the day and year above written. Mo.Bieber Peter Kline George Kemp Junr Jacob Sweyer Isaac Levan David Kline John Spyker Sheriff Jacob Sweyer George Kemp Samuel Ely Michael Croll George Bryfogle Christian Seibert To the Judges within named. I do hereby certify, that by virtue of the within Writ to me directed (having first duly warned the parties) I have taken with me, twelve honest and lawful Men of my Bailiwicks, and went to the messuages & tracts of Land, and all and singular the premises within mentioned, whereof Anthony Heffner the Intestate in the within Writ named died seized, who on their Oath & Solemn Affirmation respectively finding, that the same could not be parted and divided to and among the parties as within mentioned without prejudice to or spoiling the whole thereof, and therefore they have valued & appraised the same, as by the within Writ I am commanded The residue of the execution of the within Writ appears by a certain Inquisition thereunto annexed. So answered John Spyker --------------- (back of page 10) BERKS COUNTY, ff. The Commonwealth of Pennsylvania to the SHERIFF of BERKS COURT, GREETINGS: WHEREAS George Heffner One of the Sons of Anthony Heffner late of the township of Maxatawny in the said County ______---- deceased, preferred a petition to our Judges of the Orphans Court of the said County, setting forth that his said Father died Intestate leaving a Widow named Catherine & Isone Eight Children / to wit / Catherine Intermarried with John Faust, John, Fanny Intermarried with Isaac Pfeiffer, your Petitioner, Abraham, Isaac, Jacob, & Polly, the last named is yet in her Minority And that the said Intestate died, seized in his demesne as of ssee of and in Two Tracts of Land, with a Mesouage on each Tract. The one Literate in Maxatawny Township, Adjoining Lands of Jacob Leipelsberger, Joseph Giofo, Jacob Hinterleiter, & others Containing Two hundred & forty Acres more on lefo, the other Tract Literate in Long Swamp Township, Adjoining land of Samuel Butz, Michael Inabel & other, Containing forty Six Acres, more on lefo ------------- with the appurtenances, and therefore praying the Court to award an inquest to make a partition of the said Two Several Tracts of Land- ------- with the appurtenances to and among the Children and Representatives of the said Intestate, in such a manner and in such proportions as by the laws of this Commonwealth is directed; if such partitions can be made without prejudice to or spoiling the whole: But if such partitions cannot be thereof made as aforesaid, then to value and appraise the same, and make report of their proceedings according to the law, and the said Inquest is awared by the court, according to the prayer of the said petitioner. WE therefore command you, that taking with you twelve honest and lawful men of your bailiwick, you go to the said Two Several Tracts of Land-------- and there by their oath of solemn affirmations in the presence of the parties aforesaid by you to be warned, (if upon being warned they will be present) the said Two Several Tracts of Land--------------- with the appurtenances whereof the said Anthony Heffner died, seized intestate, having respect to the true value thereof to the among parties, you cause to be parted and divided, if that partitions or divisions can be made without prejudice to or spoiling the whole thereof, and to each and every of the Children and Representatives of the said intestate, their respective shares therein according to law, to hold to them in serveralty, you asign and deliver,&c. But if the inquest cannot make such partitions of the said Two Hundred Tracts of Land with the appurtenances without prejudice to or spoiling the whole thereof, that then you cause the said Inquest to value and appraise the same, and that partition or valuation so made, you distinctly and openly have before our Judges at READING, at our Orphans Court, there to be held the Seventh day of December next under your hand and seal and under the hands and seals of those by whose oath and affirmation you shall make such partitions or valuations, and have you then there this WRIT: Witness the Honorable Jacob Rush, Esq. at Reading, the Seventh day of September in the year of our Lord, one thousand Eight hundred and three---- PFrailey Clarke KNOW ALL MEN BY THESE PRESENTS, that WE Isaac Heffner,Michael Fisher and Daniel Sigfreid all of Berks County.--------------- are held and firmly bound unto Jacob Heffner, one of the Sons of Anthony Heffner desceased, in the sum of three hundred and eighty three pounds.--- in gold or silver money, to be paid to the said Jacob Heffner his certain Attorney, Executors, Administrators, and Assigns. To which payment well and truly to be made, We do bind ourselves, our Heirs, Executors and Administrators, and every of them, jointly and severally, for and in the whole, firmly by these presents. Sealed with our Seals, dated the seventh day of December in the year of our LORD, One thousand eight hundred and three. WHEREAS such proceedings were had this day--------------------- in the ORPHAN's COURT of the said County of Berks, relating to the real estate of the said Anthony Heffner desc---- that an inquest awarded by the Court, valued the said real estate at two thousand three hundred pounds---- in gold or silver money. And further, that the said Michael Fisher and Daniel Sigfreid were approved as surities, to enterinto bonds with the said Isaac Heffner for the payment of the shares and dividends of the younger children of the deceased; upon sealing and delivery of which bonds, the said Isaac Heffner should enjoy the ral estate aforesaid, valued as aforesaid, to him, his Heirs and Assigns, for ever, according to Law, &c. as by the records of the said Court appears, &c. NOW the condition of this obligation is such, that if the above bounden Isaac Heffner Michael Fisher & Daniel Sigfreid or either of them, their or either of their Heirs, Executors or Administrators and Assigns, or any of them, shall and do, well and truly pay, or cause to be paid, unto the above-named certain Attorney, Executors, Administrators and Assigns, or any of them, the just and full Sum of one hundred ninety one pounds thirteen shillings & four pence money as ass'd in one year after the date hereof and the further sum of ninety five pounds sixteen shillings & eight pence immediately after the death of the Widow of said deceased, being her share of and in the valuation money aforesaid.--------------- without fraud or further delay, then this Obligation to be void and of no effect, otherwise to be and remain in full force and virtue. Sealed and delivered} in the Presence of } Isaac Heffner P Frailey Daniel Sigfreid George Heffner Michael Fisher ___________________________________________________________ To the Honorable the Judges ofthe Orphans Court of Berks County The Petition of George Heffner & Jacob Heffner Administrators of the Estate of Anthony Heffner Desc Respectfully Sheweth That Anthony Heffner died some time since & left Issue Eight Children whit Polly one of said children is a minor under the Age of fourteen years & hath no Guardian to take Care of her Person and Estate therefore pray & your honors to appoint some person Guardian for said minor & they will pray George Heffner August 27th 1803 Jacob Heffner H 1803 Petition for Guardian Polly Heffner---- Sept 7th 1803 Present Jacob Rush } James Diemer} Judges David Hottenstein of Maxatawny appointed order made out To the Honourable the Judges of the Orphans Court in and for Berks County. The Petition of Mary Sterner one of the daughters of Anthony Heffner late of the Township of Maxatawny Humbly Sheweth, That your petitioner is a minor above the age of fourteen years and hath no guardian appointed to take care of her person and Estate your petitioner therefore humbly pays your honours to admit her to make ____ of a guardian for the purposes aforesaid February And she will pray Mary Sterner her mark John Sterner} Berks County, ss. I Abraham Heffner a Son of Anthony Heffner Late of Berks county, yeoman, deceased, acknowledge myself to owe to the commonwealth of Pennsylvania for the use of the other heirs of the said Anthony Heffner deceased, the sum of Twenty Thousand /- ------ dollars, lawful money of Pennsylvania, to be levied on my goods and chattels, lands and tenements. The Condition of the above Recognizance is such, that whereas by an inquest awarded by the Orphans' Court of the said county, the real estate of the said Anthony Heffner deceased, was valued and appraised; which valuation and appraisement has been duly confirmed by the court. Now if the said Abraham Heffner or his certain heirs, executors or administrators, shall pay to the heirs of the said valuation mentioned; then the above recognizance to be void, otherwise to be and remain in full force and virtue. Taken & acknowledged} Abraham Heffner in open court,the--} L.S. Jan. A.D. 1819 Hon. Schoenrer Clk