Court: Petition of William Amweg re: Martin Sweigart Dec'd, 1838, late of East Cocalico Twp., Lancaster Co., PA Contributed for use in the USGenWeb Archives by Muriel Sonne cgsonne@yahoo.com March 22, 2008, 8:24 pm Copyright 2008. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/lancaster/ _______________________________________________ Source: Fhl Mf #21378-9 Written: September 20, 1838 Recorded: September 20, 1838 Volume 1836-1838, p. 452: 20 Sept 1838 at the Orphan’s Court, Martin Sweigart dec'd On petition of William Amweg Administrator of all and singular the goods and chattels rights and credits where of Martin Sweigart late of East Cocalico Township in the said county dec'd at the time of his death who died intestate. Humbly showeth that the said intestate left a widow named Catharine and issue ten children, to wit John Samuel George Peter Martin Elizabeth intermarried with Joseph Sherley Mary intermarried with McIntire Rachel intermarried with Benjamin Fetter Leah & Susanna one of whom to wit Martin is yet in his minority that the personal Estate of the said intestate is insufficient for the payment of his debts as by the Inventory Exhibited & the Account produced Appears & that the said intestate died seized in his desmesne as of fee of & in a certain messuage or tenement & lot of ground situate in East Cocalico township Lancaster adjoining Lands of late John Sweigart Late Adam German & Christian Zimmerman Respectively containing three acres of land more of less held by deed of Christian Echtermack & Jacob Echtermack Executors of Andrew Ecktermack dec'd. Your petitioner therefore Humbly prays your honors to grant him an order to make sale of the said messuage & lot of ground with the Appurtenances for the payment of the debts of the said intestate. William Amweg Executor of the Estate of Martin Sweigart dec'd Respectfully Represents 1st that the personal Estate of the said intestate is in sufficient for the payment of his debts as per Inventory thereof taken and exhibited into the Registers office at Lancaster Amounting to -------------------- $57.24 1/4 of which the widow Retains Agreeably to the insolvent Laws of Pennsylvania for $50.56 $6.68 1/4; 2nd That the following are the debt due and owing by the said dec'd so far as they have come to his Knowledge viz Martin Fry Book Amount about $100.00 John Sweigart Book Amount do $60.00 Henry Schott(or Scholl?)note do $45.00 _____ Ectermack Judgment do $24.00 William Amweg Book Account do $9.00 Funeral Expenses About $15.00 Small debt do $20.00 $273.50 To the truth of the facts stated in the foregoing petition said Administrator was duly Affirmed According to Law. It is ordered by the court that the Administrator Aforesaid do Expose to public sale the Real Estate of said Dec. as Aforesaid on Thursday the 25th day of October 1838 at 1 o'clock PM on the premises. Terms purchase money to be paid on the first of April 1839. That due and legal notice be given of the time and place of sale & that report of said proceeding be made to this court on the ______ Monday in ______. Wm. Amweg bound on $2.50 To the Commonwealth of PA for all persons R.R. Heitler bound on $2.50 of all persons interested in the Zaccheus Killian bound on $2.50 estate of said deceased. Volume 1836-1838, p. 476, 5 November 1838 in the Orphan’s Court: Martin Sweigart dec'd Pursuant to the order of this court on the 20th day of September AD 1838 Directing William Amweg Administrator of all & singular the goods and chattels rights & credits which were of Martin Sweigart late of East Cocalico Township in the said County dec’d do expose to public sale the Real Estate of said dec’d as aforesaid on Thursday the 29th Day of October 1838 at 1 o’clock P.M. on the premises Terms purchase to be paid on the 1st of April 1839. That due & legal notice be given of the time & place of sale & that Report of said proceedings be made to this Court on the 3rd Monday in November Said Administrator does now Report-that in pursuance of the within order of Court having given due public & timely notice of the time & place of sale Agreeably to the directions therof I did on Thursday the 25th day of October AD 1838 expose the lands & premises therein mentioned to sale by way of public vendue or outcry & sold the same to Peter Sweigart and Martin Sweigart both of East Cocalico Township in the county of Lancaster yeomen for the sum of three hundred dollars lawful money of the United States they being the highest Bidders & that the highest & Best price bidden for the same. Which Report being heard the court confirms the sale & the premises sold to the aforesaid purchasers Respectively their heirs & assigns severally in fee as fully as the said intestate had & held in the same immediately before & at the time of his death subject & liable to the payment of the purchas money Agreeably to the terms prescribed by the court in their order of sale. Volume 1838-1844, p. 134, 17 June 1839 in the Orphan’s Court: Martin Sweigart, dec’d William Amweg administrator of all and singular the goods and Chattels, Rights and Credit which were of Martin Sweigart late of East Cocalico Township in the County of Lancaster Yeoman dec’d having stated & filed in the Register’s Office at Lancaster on the estate of Said dec’d & legal notice thereof being given by the Said Register a copy of the same is now produced to the Court for confirmation Whereby it appears that the said account was duly passed by the said Register and that there remains in the hands of said accountant a balance $196.77 3/4. The court on due examination thereof and advisement thereon approve of and confirm the same & direct that the balance to be paid;and distributed agreeable to law. Auditors appointed-Henry Hibshman, Richard R. Heitler & Joseph Gorgas. order issued July 18th 1839. returnable 3rd Monday in September next. Volume 1838-44, p. 236: 25 Sept. 1839 at the Orphan’s Court: Martin Sweigart dec’d 1839 August 30th. The auditors above named having met at the time and place pursuant to due public notice being given in the Lancaster Intelligencer “ a weekly newspaper” published in the City of Lancaster and being severally affirmed according to law, received the claim of respective creditors of Martin Sweigart deceased which were presented at said meeting, adjourned to meet again on Monday the 9th day of September next. And now September 9, do report as follows, to wit; Balance in the hands of William Amweg the Administrator of said Estate, as per his adminis tration account, passed by the Orphans Court of Lancaster County the 17th day ofJune 1839 $196.77 ¾ From which we deduct the following incidental expenses, to wit; By Cash Paid John Roher for order, Report & copy $1.75 By do John W. Forney, notice of meeting 1.50 By do Atty for procuring appt. of auditors 5.00 By do Tav. Expenses (at meeting) pf auditors 2.45 By do auditors fees each 2 days 12.00 Allowed accountant for his further trouble in distributing dividends. 8.00 out of which he is to pay David Bleusinger 67 cents his dividend on $1.00. 30.70 net balance $166.07 ¼ Of which said Balance we deduct one years county tax $ 0.27 Net Balance then remaining to wit $165.80 1/2 we distribute 165.80 ½ Amongst the following simple contract creditors, viz: Claim Dividends Martin Frey Jr. Book Account $103.67 ½ $69.67 John Sweigart (of Martin) do 58.60 39.38 Zaccheus Killian do 6.42 4.31 ¼ Henry Slott do Bal. 44.21 29.71 Jacob Echternach do 1.80 1.21 Richard Killian do Bal. 4.34 2.91 ½ William Amweg do Bal. 10.62 7.13 ½ Samuel Fry do 2.07 1.39 George Gorman Jr. Book debt 3.00 2.01 ½ Richard Ream do 12.00 8.06 ½ Total amount claims $246. 73 ½ Total amt dividends $165.80 ½ The dividend above being at the rate of sixty seven cents and two mills in the dollars of the several claims. All of which is respectfully submitted to the Honorable Court. Witness our hands the ninth day of September 1839. Henry Hibshman. R. R. Heitler Joseph Gorgas Sept. 25th 1839. Re. Report of Auditors read and confirmed." Additional Comments: 4 Orphan's Court entries regarding the estate of Martin Sweigart, buried Bergstrasse Church Cemetery, Tombstone Inscription 1/13/1770-11/12/1837 This file has been created by a form at http://www.genrecords.org/pafiles/ File size: 8.8 Kb