Schuylkill County PA Archives Court.....Koch, Daniel W. September 24, 1904 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/pafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Diane Racine racinegenealogy@msn.com January 31, 2010, 9:45 pm Source: Schuylkill County Courthouse Archives Daniel Koch 1864 Written: September 24, 1904 Recorded: September 26, 1904 IN THE ORPHANS COURT OF SCHUYLKILL COUNTY In the Matter of the Estate of Daniel W.Koch, late of the Township of Schuylkill, deceased. To the Honorable P.M. Dunn, President Judge of said Court: The petition of William J. Seltzer respectfully represents, That the said Daniel W. Koch died prior to the third day of October A.D. 1864, seized in fee of the two pieces of tracts of land hereinafter described; that on the third day of October 1864; Elizabeth Koch, widow of the said Daniel W. Koch, Caroline Koch, and Mahlon Koch, and John Koch by their guardian Jacob Schock, Martin Koch and Mendon Koch, by their guardian William Schoener, Mary Koch and Ellen Koch, by their guardian Solomon Merkel, children of said Daniel W. Koch, presented their petition to the Orphan's Court of said County, praying for a partition of the real estate of the said decedent. That in pursuance and by virtue of a decree of said court, in partition of the real estate of the said Daniel W. Koch,deceased, William Koch administrator of the estate of said Daniel W. Koch,deceased, on the second day of January A.D. 1865, sold Purpart No.l. All that certain messuage or plantation situate in the township of Schuylkill (now township of Walker) in said County, bounded and described as follows, beginning at a post, a corner on the Catawissa road, thence north fifteen degrees west one hundred and three-quarters perches to a post, thence north seventy-two degrees ninety-five perches to a post, north eighteen degrees west twenty-three and one half perches to a post, thence by land formerly John Dreher, north seventy-two degrees east sixty-seven perches to a post, south eighteen degrees east fifty-four and three quarters perches to a post, thence by land of Jacob Boyer, north seventy-eight degrees east one hundred and twenty-four perches to a stone corner of land late J. Hallen, thence by the same south nineteen and one half degrees west eight-four and three quarters perches to a stone corner of land of Jacob Heisler, thence by the ame south seventy-two and a half degrees west two hundred and forty and three quarters perches to the place of beginning, containing one hundred and forty-five acres and fifty-five perches, to Nicholas Balliett, for the sum of seventy-tree hundred dollars; one third of the purchase money to remain charged on the premises during the life time of the widow, Elizabeth Koch, the interest thereon to be paid to her annually from the first day of April next and the principal sum at her death to the persons legally entitled thereto. Purpart No. 2. All that certain tract or piece of woodland situate in Schuylkill Township (now Walker Township) in said County, bounded by lands of Jacob Boyer, deceased, Leonard Moyer deceased, George Shelhammer, Benjamin R. Morgan and others, containing fifty-nine acres, more or less, to William Boyer, for the sum of thirteen hundred and sixty dollars, one third of the purchase money to remain charged on the premises during the life time of the widow, Elizabeth Koch, and interest thereof to be paid to her annually and the principal sum, at her death, to the persons legally entitled thereto. That William Koch, Administrator of the estate of said Daniel W. Koch,deceased, by his two several Indentures bearing date the first day of April A.D. 1865, and recorded in the Office for Recording Deeds in and for Schuylkill County, in Deed Book No. 85, page 51 and Deed Book No. 131 page 204, conveyed by virtue of the decree of the Orphans' Court aforesaid, the respective purparts to the purchasers, subject to the payment of the dowers aforesaid. That by sundry deeds and conveyances, Purpart No.l has become vested in Anna E boone, of the Borough of St Clair; and Purpart No 2 has become vested in Dennis Leiby, of the township of Walker aforesaid. That the said Elizabeth Koch, widow died on the fourth day of May 1904 whereby the principal sums of said dower, towit; the sum of twenty four hundred and thirty four dollars, charged on Purpart No. 1 and the sum of four hundred and fifty four dollars, charged on Purpart No. 2 became due and payable to the heirs at law of the said Daniel W. Koch,deceased,viz-Caroline, now wife of Jonathan Alspach, Mahlon Koch,Martin W. Koch Ellen, now wife of Charles H. Schultz, Mendon Koch, John H. Koch and Mary Koch (afterwards intermarried with William J. Seltzer). That the said Mary Seltzer died March 1872, intestate, without issue, leaving surviving her husband, your petitioner, whereby her interest in the prinipal sums of said dower became vested in your petitioner. Wherefore your petitioner showing that is a party in interest in the sums of money charged on the above described pieces of real estate, by the above recited proceedings in the Orphans' Court of said County, in partition of the real estate of the said Daniel W. Koch,deceased,, and payable on the death of the said Elizabeth Koch, widow and that the said widow is now deceased. Prays this Honorable Court to order and direct the payment of principal sums of said dower by the owners of the respective purparts; viz: by Anna E. Boone, the sum of twenty four hundred and thirty four dollars, with interest from May 4th 1904, and by Dennis Leiby, the sum of four hundred and fifty four dollars with interest from the fourth day of May 1904 and to make such other order and decree for the payment thereof out of the said real estate as may be just and proper. And he will every pray, signed William J. Seltzer Schuylkill County, ss: William J. Seltzer, the petitioner above named, being duly sworn according to law deposes and says that the facts set forth in the foregoing petition are correct and true to the best of his knowledge and belief. Sworn and subscribed before me this 24th day of August A.D. 1904 IN THE ORPHANS' COURT OF SCHUYLKILL COUNTY Estate of Daniel W. Koch, deed In the matter of the petition of William J. Seltzer, a claimant on the funds now in Court arising from the said estate. To the Honorable P. M. Dunn, President Judge of the said Court; The Petition of Mendon Koch, of Walker Township in the said County, respectfully represents, That he is a son and heir-at-law of the said Daniel W. Koch, decesased, and with Caroline Alspach, Mahlon Koch and Ellen Schultz, Martin W. Koch, John H. Koch, is and are the only children, heirs-at-law and legal representatives of the said Daniel W. Koch, deceased. That in the partition of the real estate of the said Daniel W. Koch, deceased, the real estate was sold, to wit; 145 acres and 55 perches of land, situated in Walker Township aforesaid, was sold and the one third of the purchase money,to wit: $2500. or thereabouts, remained in said land as the dower of Elizabeth Koch, who was the widow of the said Daniel W. Koch, deceased. That the said Elizabeth Koch died on the 4th day of May 1904, whereby the dower, so charged upon the said lands, according to the then decree of the Court in the then partition proceedings, became payable to the parties legally entitled thereto. That at the time of the death of the said Elizabeth Koch a certain Annie E Boone, was, and is now, the owner of the said land. That William J. Seltzer, above named, claims to have a part of the dower money payable by the said Annie E Boone, and that thereupon the said Annie E Boone petitioned your Honorable Court to pay the said dower money into Court. That your petitioner had no notice, or knowledge, of the said proceeding until he received the notice hereto attached from E. D. Smith, Attorney for the said William J. Seltzer, which notice reached him through the mail on Tuesday the 20th day of September, 1904. That your petitioner, for himself and others herein named as heirs and legal representatives of the said Daniel W. Koch, deceased, utterly denies the right of the said William J. Seltzer to any portion of the said fund absolutely. That if he, the said William J. Seltzer, has any right or claim upon the fund, it is only a life interest in that portion of the fund which would be payable to his, the said William J Seltzer's, deceased wife, if living, who was a daughter of the said Daniel W. Koch, deceased. Your petitioner therefore prays the Court to allow your petitioner to intervene, and be granted a hearing on the matter of the right of the said Annie E. Boone to pay said money into Court; as well as the right of the said William J. Seltzer to be paid any part of the said prinicipal sum of the aforesaid dower. And he will ever pray, etc. Tamaqua, Pa. Sept. 24, 1904 signed by Mendon Koch Schuylkill County, ss: Mendon Koch, the petitioner within named being duly sworn according to law doth depose and say that the facts set forth in the aforegoing petition are true and correct to the best of his knowledge and belief. signed by Mendon Koch Sworn and subscribed before me this 24th day of September, 1904 Samuel Beard Justice of the Peace Commission expires May 2, 1905 Attached to the papers is a handwritten addendum: and now Monday Sept 26th 1904 the within petition have been presented and read by R.J. Graff, Attorney for Petitioner, the Court having considered the same, granted the prayers of the petitioner as within prayed for. Signed Thomas S. Herb Clerk of the Orphan's Court Also attached is a letter from the Law offices of Edmund D. Smith Pottsville, PA. addressed to: Jonathan Alspach, Caroline Alspach Mahlon Koch Mendon Koch Ellen Schultz Charles E. Schultz Martin W. Koch John H. Koch You and each of you are hereby notified that the Orphan's Court of Schuylkill County, on Monday the 19th day of September, made an order permitting Anna E Boone to pay into court the principal sum of the dower charged on the 145 acres 55 perches of land, situate in Walker Township, Schuylkill County, formley the property of Daniel W. Koch, deceased; and the said Court fixed Monday Sept 26th, 1904 at 10 am for the distribution of said principal sum, to wit $2434.00, to and among the persons legally entitled thereto: When and where you may attend, if you see fit. Signed ED Smith Attorney for William J. Seltzer, a claimant on said fund. IN THE ORPHANS COURT OF SCHUYLKILL COUNTY, IN THE ESTATE OF DANIEL W KOCH, DECEASED And now to wit, November 25, 1904, it is ordered and directed that $2502.88 paid into Court in the proceedings in above Estate, be placed on the list for distribution to the creditors and heirs of said estate, December 19th, 1904. Signed Thomas S. Herb, Clerk. = FIRST AND FINAL ACCOUNT OF THOMAS S HERB, Clerk of the Orphans' Court, in the Estate of Daniel W. Koch, deceased The accountant charges himself with the amount of prinicipal and interest paind into Court on September 24, 1904 by Anna E. Boone in discharge of the principal of the dower of $2434.00, due May 4, 1904 on Purpart No. 1 ...................... $2502.88 The accountant claims credit for the following costs and fees paid in said estate: Record Costs............................................. $12.00 Certificate of Order of Court............................ .50 Advertising Audit........................................ 1.50 Recording distribution statement......................... 2.50 Clerk's poundage on $2502.88............................. 30.03 46.53 __________________ Balance for distribution $2456.35 Thomas S Herb, Clerk for the Orphans' Court being duly sworn according to law, deposes and says that the foregoing account is correct and true to the best of his knowledge and belief. Sworn and subscribed before this 15th day of November A.D. 1904 Thomas S. Herb, Clerk IN THE ORPHANS' COURT OF SCHUYLKILL COUNTY Estate of Daniel W. Koch, Deceased No. 23, November 1, 1904 Audit for the distribution of the money paid into Court, September 24th, 1904, by Anna E Boone, in dischare of the prinicipal and interest on the dower due May 4, 1904 on purpart No 1 of the real estate of the said decedent. This audit came on to be heard, December 19th 1904 pursuant to due notice. Mr ED Smith, for Wm A. Seltzer Mr H. B. Graeff, for party in interest From the evidence we find the following facts: I. The decedent died prior to October 1864, intestate, leaving him to survive, his widow Elizabeth Koch, who died on the 4th of May 1904 and the following issue: 1. Caroline, a daughter whose name is now Caroline Alspach 2. Mahlon Koch, a son 3. Mendon Koch, a son 4. Ellen, a daughter whose name is now Ellen Schultz 5. Martin Koch, a son 6. John H. Koch, a son 7. Mary Koch, a daughter who married William J. Seltzer and on the day of March 1872 died intestate leaving her husband, the said William J Seltzer to survive but no issue. II. The fund paid into Court by Anna E. Boone, is the dower of said Elizabeth Koch, deceased, with interest, on purpart No. 1, of the real estate said Daniel W. Koch,deceased, sold on partitiion proceedings January 2nd 1865, and mounts to $2502.88 III. Dennis Leiby, who became the owner of purpart No. 2, of the real estate of decedent, upon death of the said widow, paid the dower interest due on said purpart, to the first six named children of decedent, omitting to pay any part of the dower interest to the surviving husband of Mary Seltzer, the deceased daughter of said decedent, in obedience to the decree of Court, entered Oct 31, 1904, the said Dennis Leiby paid to said William J. Seltzer, the sum of $73.79, in full satisfaction of the share of Mary Seltzer, deceased in said dower interest. IV. John H. Koch by assignment, dated 27th August, 1894, transferred his distributive share to Mendon Koch, his brother. We find as matter of law 1. Dennis Leiby is entitled to be reimbursed out of distributive shares of the first six named children of decedent in the fund now for distribution. 2. There being no claims of creditors against the estate of Mary Seltzer, deceased and her surviving husband, being entitled to her personal estate absolutely, share will be awarded to her surviving husband, William J. Seltzer. Now, January 2, 1905, the Court order, adjudge and decree the following distribution: Amount paid into Court............. $2502.88 Deduct record costs and poundage 46.53 Balance $2456.35 Deduct Share Awarded To William J. Seltzer $350.91 " Amount Awarded To Dennis Leiby Under III finding of facts 73.79 424.76 Balance $2031.65 Awarded to: Mahlon Koch 338.61 Caroline Alspach 338.61 Mendon Koch 338.61 Ellen Schultz 338.61 Martin Koch 338.61 John H. Koch 338.61 this share awarded to Mendon Koch under the IV find of facts. And now Jan 13 1905. Thomas S. Herb Clerk of O.C. In handwritten text: Recieved Pottsville January 16, 1905 of Thomas S. Herb Clerk of O.C. Seventy three 79/100 Dollars for Dennis Leiby. Three Hundred and thirty eight 61/100 Dollars for Mendon Koch and Three Hundred and thirty eight 60/100 Dollars for Mendon Koch share of John Koch as per above stated distribution statement. 73.79 Dennis Leiby 338.61 Mendon Koch 388.60 Mendon Koch for John Koch Signed H.B. Graeff, Attorney Received of Thomas S. Herb of OC, Three Hundred fifty 91/100 Dollars in full of the distribution share of Wm J. Seltzer as per decree of the O.C. Signed E.D. Smith Attorney for Wm J. Seltzer Received Pottsville, Pa, January 23rd 1905 of Thomas Herb Clerk of OC, the sum of Three Hundred and thirty eight and 61/100 Dollars ($338.61) being out respective distributive shares in full, in accordance with the the foregoing Decree of Distribution. Mahlon Koch, Ellen Schultz, Ellen Shultz. Additional Comments: Daniel W. Koch died intestate. There are multiple separate papers related to the settling of the final distribution of his estate including those immediately after his death as well as after Daniel's second wife Elizabeth's death in 1904. All of these are archived however under 1864, his actual date of death and the original will. Only the 1904 related papers are grouped together in this upload. The court documents occurring right after death and in the intervening years will be documented separately This file has been created by a form at http://www.genrecords.org/pafiles/ File size: 16.9 Kb