Orphans's Court: John Rudolph, 1849: Washington Twp, Westmoreland County Contributed to USGenWeb Archives by Betty Rudolph REINDEER@prodigy.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. May Term A. D. 1849 To the Honorable the Judges of the Orphans court of Westmoreland County, ------The Petition of Abraham Rudolph respectfully represents That his father John Rudolph died intestate seized in his demesne as of fee of in one to a certain tract of land situate in Washington township Westmoreland County, containing one hundred and seventy five acres more or less adjoining Lands of Jacob Motz Philip Walters John Rugh, George McDavit Archibald Adair & others 96 Also of one other piece of land in same township containing thirteen acres more or less, bounded by lands of William Iding, John Branthoover _____ Oyler Jacob Kunkle & others that said intestate left a widow & issue Elizabeth (NOTE: this should be Mary) intermarried with Henry Brewer, Abraham your Petitioner, Catherine married to FredK. Coonley, Jane married to Daniel Williard, Elizabeth married to Adam Taney Margaret married to John Brown, John Rudolph now dead leaving issue five (5) children; to wit. Christian, John, Jeramiah, Elizabeth & Margaret the last three of whom are minors & reside in Armstrong Co. Pa, Jacob Rudolp now dead Abraham, Jacob, David, John, Isaac, Daniel, Christian & Levi the Last three of whom are minors and reside in Jefferson County Pa. Your petitioner therefore prays the court to award an inquest to make partition of said Lands & c. according to law and he will pray & c. his Witness, H D. Foster Abraham X Rudolph mark 28 May 1849, inquest Awarded. Personal note to be given to all the Heirs residing in Westmoreland Co. and as to those residing out of the county by publication in one newspaper in Armstrong County & one in Jefferson County & the Court appoints Daniel Williard guardian ad litem (?) of the minor children of John & Jacob Rudolph. Afsd. June 6, 1849. Per Cariand (?) To the Judges within named, I do respectfully certify that by virtue of the within writ to me directed (the parties being first duly notified) I took with me twelve free honest and lawful men of my bailewick and went to the land and all and singular the premises therein mentioned and there by their oaths aforesaid finding that the same could not be parted and divided to and among all the parties in the said named without prejudice to and spoiling of the whole. But that the said lands and premises would conveniently accommodate two of the children of the Intestate in the said writ named, have laid off the same into and valued & appraised them accordingly as by the within writ I am commanded as by the schedule thereunto annexed appears. So answers Daniel Kistler Sheff. Inquisition indented and taken at the dwelling house late of John Rudolp deceased in the township of Washington in the County of Westmoreland and the State of Pennsylvania on the Twenty third day of July in the year of our Lord one thousand eight hundred and forty nine before Daniel Kistler Esq. High Sheriff of the County aforesaid by virtue of a writ Partition or valuation to him directed and to this inquisition annexed by the oaths of Thomas Trees, George McLaughlins, John Rugh, Jacob Motz, John McCaully, Hugh McDivit, Conrad Haney, Joseph George, Robert McKowan, John Walter, Jonathan Kistler & William Idings twelve free honest & lawful men of his bailiwick who on their oaths aforesaid respectively do say that on the day and year aforesaid they went to and upon the land and tenaments in said writ mentioned which John Rudolph in said writ mentions did sized and then and there did find that said lands and tenements with their appurtenances could not be parted and divided 6to and among the widow and all the children of the said deceased without prejudice to or spoiling of the whole thereof. And the Inquest aforesaid to their oaths aforesaid did then & there further find that these lands and tenements with their appurtenances will accommodate two of the children of the deceased. That is to say, That that tract of land situate in Washington Township containing -------------------blank--------strict measure adjoining land s of Jacob Motes Philip Walters John Rugh Georg McDevit Archibald Adair and others in said writ mentioned and included in and described by the annexed diagram marked "A" will accommodate one of the children of the said deceased -----That that other piece of land in same township containing -------------blank------------- strict measure bounded by the lands of William Idings John Branthoover Oyler Jacob Kunkle and others in said writ mentioned and included in and described by the annexed diagram marked "B" will accommodate one other of the children of the said deceased-----And the Inquest aforesaid upon their oaths aforesaid do value and apraise that trace of land in Washington township contained in and described, the diagram to annexed and marked "A" at and for the sun of nine Dollars and fifty cents lawful money of the Untied States for each and every acre thereof strict measure. An the Inquest aforesaid upon their oaths aforesaid do value and appraise that piece of land in same township contained in and described by the diagram hereto annexed and marked "B" at and for the sum of Nine Dollars and Eighty cents lawful money aforesaid for each and every acre thereof strict measure. In witness whereof as well the said Sheriff as the Inquest aforesaid to this inquisition have unchangeably set their hands & seal the day and year aforesaid. Daniel Kistler Shff. (seal), Thomas Trees (seal) George McLaughlin (seal) John M Rugh (seal) Jacob Motes (seal) John McCaulley (seal) Hugh Devitt (seal) Conrad Henry (seal) Joseph George (seal) Robert McKown (seal) John Walter (seal) Jonathan Kistler (seal) Wm. Iddings (seal). July 23d A.D. 1849. Surveyed the above plot of ground belonging to the Heirs of John Rudolp late of Washington township on the waters of Beaver Run in Salem & Washington township Westmoreland County Penna containing one hundred and sixty nine acres forty two perches strict measure. Wm. McCutcheon. July 23d 1849. Surveyed the above plot of ground at the request or Dan Keslter esq, High Shef of Westmoreland County State of Pennsylvania who this day held an Inquest of appraisment as the property of John Rudolph late of Washington township County & state aforesaid containing thirteen acres and one hundred and thirty perches, strict measure. Wm McCutcheon. 20 Aug 1849. Inquistion confirmed & Rule on the heirs to appear at next Term and accept or refuse the estate of the valuation. Sept 6 1849 Issued. 20 Aug 1849, on motion of H. C. Marchand the court appoint T. I. Barclay an auditor to ascertain the liens against the Heirs of said estate. Report of Auditor filed. And ___ to wit 20 Feb 1850 upon due proof of the services of the Rule on the Heirs to appear at this term of the Court and accept or refuse the Real estate at the valuation Abraham Rudolph the eldest son of the deceased appear in court and elected to take that part of the Real Estate marked A in the Diagram to the inquest annexed containing 169 a & re perches at the valuation thereof. And the same to __ _____ him at the Valuation and he is ordered to enter into a Recogney___ to the Commonwealth for ____ for the payment of the interest on the one third of the appraisers value to the widow of said decedant yearly and every year during her natural life and at her death pay the same to the Heirs of said John Rudolph ___ ____ ___ ___ ______ _______ Heirs of late John Rudolph father ____ interest on the ___ ____________ of the appraised value ________________ _________________________________________________________________ Appraisment James Walker is appointed as security on the conveyance Recognizance ____ July 1849. Per Cariand (?) Abraham Rudolph & James Walker held to the Commonwealth of Pennsylvania in the ____ __ conditions ____ Abraham Rudolph pay or cause to be paid unto Elizabeth Rudolph the widow of John Rudolph decd the interest on five hundred and seven dollars & forth two cents yearly and every year and at her death pay or cause to be paid unto the other heirs of said decd their respective shares of said that part being part of estate marked "A: in Diagram per separate recog. file 26 Feb. 1850. Also held to Margaret Brown, wife of John Brown, Jane Willyard, wife of Daniel Willyard and Catharine Coonley wife of Fred. Coonley, Mary Brewer, wife of Henry Brewer, Elizabeth Taney, wife of Adam Tawney each in the sum of $253.72 cents, conditions that in one year he pay each of the said Heirs the sum of $126.80, etc. Also held to John Rudolph, Christian Rudolph, Elizabeth Rudolph, Susanna Rudolph and Margaret Rudolph, children of John Rudolph, each in the sum of $50.74, Condition that he pay in one year to each of the said Heirs $30.37. Also held to David Rudolph, Isaac Rudolph, Abraham Rudolph, John Rudolph, Jacob Rudolph, Daniel Rudolph, Christian Rudolph and Levi Rudolph, children of Jacob Rudolph, each in the sum of $31.70, Cond. That in one year he pay each of said heirs ____ _____ the sum of $15.86 etc. Per Separate Recog Feb. 26, 1850. __th May 1850. The Court orders and direct Abram Rudolph to pay the costs ____ ____ No. 219 Aug. 1849 amounting $30.45 and that he then has a credit on the Recognisances to the other heirs for their share of said costs. The recgr. To Margaret Brown, wife of John Brown, To Jane Willyard, & Catherine Coonley, Mary Brewer, & Elizabeth Taney, wife is satisfied as per receipt on recognizance _____ use the Recg. To John Rudolph, Christian Rudolph, Elizabeth Rudolph, Susanna Rudolph, Margaret Rudolph, children of John Rudolph, satisfied as per receipt on Recobr also the Recogr to David Rudolph, Isaac Rudolph, Abraham Rudolph, John Rudolph, Jacob Rudolph, Daniel Rudolph, Christian Rudolph and Levi Rudolph, children of Jacob Rudolph, all satisfied as per receipt on separate recognizance file. By virtue of a Power of Attorney to him given by Catherine Kuhnley one of the heirs of John Rudolph, dec. I acknowledge to have received satisfaction in full of the share due the said Catherine Kuhnley after the death of the widow of said John Rudolph, deceased, that is to say her share of $507.40 per power of attorney filed, it being the amount of Recognizance the interest of which was annually to be paid to the Widow of said Deceased. /S/ John Kuhnley By virtue of a power of attorney filed Aug. 21, 1856 given by Elizabeth Rudolph to Levi Rudolph the said Jacob Rudolph does hereby acknowledge to have received satisfaction in full for all sum or sums due the said Elizabeth Rudolph on Recognizances entered into by Abraham Rudolph and James Walker in the foregoing proceedings. /S/ Levi Rudolph Witnefs Jos Grofs (?)