Our Ancestry

a family genealogy site

Will of Jacob Angene 1807 - dividing the property

Jacob Angene’s Last Will and Testament from 1807 set guidelines for this division of his property. Drawings of the properties are located on two other pages in the menu, Map 1 and Map 2. Spellings are as written in the will.

We the subscribers appointed by the within order of Court to make partition of the Real Estate therein mentioned, whereof the within named Jacob Anganey died seized, to and among the parties therein named, if such partition could be made without prejudice to or spoiling the whole, otherwise to value and appraise the same, do report that in pursuance of the said order of Court respectively do say that we went to and upon the said messuage and two tracts of land within mentioned, whereof the said Jacob Anganey, in said writ named, died seized, found to be a messuage and the tracts and then and there did find that the said messuage and tracts of land to wit, one a messuage and tract containing by survey in the whole (whereon the mansion house and grist mill being erected) one hundred twenty seven acres and six perches agreeably to the annexed draught, and one other tract of woodland, containing by survey thirty eight acres one hundred thirty six perches agreeably to the annexed draught, and also one other lot of woodland containing by survey five acres and fifty two perches agreeably to the annexed draught, could not be so parted and divided so as to accommodate the widow and all the parties and heirs in the within order named, without prejudice to and spoiling the whole thereof. We did find that the same lands and tenements aforesaid will accommodate three of the heirs within named and no more. Therefore, we have parted and divided the aforesaid messuage and tract of one hundred twenty seven acres and six perches into two parts or lots and numbered Lot No. 1 and No. 2 agreeable to the annexed draught and we have parted and divided the aforesaid tract of woodland containing in the whole thirty eight acres one hundred thirty six perches into two parts or lots numbered No. 3 and No. 4 agreeably to the annexed draught, so that said lot No. 1 and No. 3 as marked in the annexed draught containing together one hundred eight acres six perches may accommodate one of the heirs within named, and said lot No. 2 and No. 4 as marked in the annexed draught containing together fifty seven acres and one hundred thirty six perches, will accommodate one of the heirs in the within order named, and said lot No. 5 as marked in the annexed draught containing five acres and fifty two perches as aforesaid will accommodate one of the heirs in the said order named, so that the whole of the premises aforesaid will accommodate three of the heirs in the said order named, and no more as aforesaid. Therefore we have valued and appraised the aforesaid two lots No. 2 and No. 4 as aforesaid marked in the annexed draught containing fifty seven acres and one hundred thirty six perches, with the grist mill erected on said lot No. 2 with all that water running in a certain creek called Deep Run seeping and running through lot No. 1, and also all that mill dam and mill race or water course now made erected and dug on said seeping through said lot No. 1 and the full free right and privilege to load and drain all the water out of the said dam along said mill race for the use of said grist mill or other water machinery with full privilege of the occupier and _____ of said lot No. 2, his heirs and assigns and his and their workman to and along the banks of said mill dam and race one perch in breadth on each side thereof with horses wagons carts etc. for the purpose of cleansing repairing and draining the water along said mill race or water course at all times and seasons forever. And other than buildings improvements and appurtenances thereunto belonging at the (line missing) to the sum of seventeen hundred ninety three dollars and thirty five cents. The widow's annual dower therein we value at the sum of thirty five dollars and eighty six cents to be paid unto her annually during her life. And we have valued and appraised said lot No. 1 and No. 3 as marked in the annexed draught, the two lots containing together one hundred eight acres six perches with the mansion house and other buildings improvements and appurtenances thereunto belonging (except the mill dam mill race and privilege of mending and repairing the same and all that stream of water etc. above mentioned as valued with lot No. 2) at the sum of twenty seven dollars for each and every acre thereof, amounting to the sum two thousand nine hundred seventeen dollars and one cent. The widow's annual dower therein we value at the sum of fifty eight dollars and thirty four cents, to be paid unto her annually during her natural life. And we have valued and appraised said lot No. 5 as marked in the annexed draught containing five acres and fifty two perches with the appurtenances at the sum of thirty two dollars for each and every acre thereof, amounting to the sum of one hundred seventy dollars forty cents. The widow's annual dower therein we have valued and appraised at the sum of ten dollars and twenty two cents to be paid unto her annually during her life. In witness whereof we have hereunto set our hands and seals, in the presence of the parties or as many as choose to be present, this twenty fourth day of December in the year of our Lord one thousand eight hundred twenty eight. John Moore {seal} Jacob Beidler {seal} ____ Licey {seal} ______ Stover {seal} _____Wismer {seal} John Leatherman {seal} Jacob Hockman {seal}

February Tenth 1829

The aforesaid return of partition and valuation being read to the said Court was by them confirmed and adjudged to be and remain firm and _____ forever. Same day Jacob Angeny, eldest son of the aforesaid Jacob Angeny, deceased, appeared in open court and prayed that Lot No. 1 and 3 valued together and containing in the whole 108 acres and 6 perches might be adjudged to him at the valuation thereof $2917.01. Whereupon it was decreed by the Court that the said Jacob shall and may, upon paying or securing to be paid to the other heirs their respective shares of said valuation, hold and enjoy the same to him, his heirs and assigns forever as fully and freely as his said father had and held the same at the time of his decease. The Court did also approve of Jacob Bittler and John Leathermore as his surety who together with the said Jacob Angeny were directed to enter into bond to the other heirs for their distributive shares, and the said Jacob Angeny alone directed to enter into a recognizance, which securities have been duly executed.

Same day Abraham Angeny, second son of the said deceased, appeared in open Court and prayed that Lots No. 2 and 4 containing together 57 acres 136 perches valued at $1793.35 might be adjudged to him at the valuation, whereupon it was decreed by the Court that the said Abraham shall and may, upon paying or securing to be paid to the other heirs their respective shares of said valuation, hold and enjoy the said real estate to him, his heirs and assigns forever as fully and freely as his said father had and held the same at his decease. The Court did also approve of Martin Fretz and Abraham Hantsberger as his sureties for the payment of said ____ , who together with the said Abraham Angeny entered into bonds, and the said Abraham alone into a recognizance with the other heirs for that purpose. ~~~~~

Same day Samuel Angeny, third son of said deceased, appeared in open Court and prayed that Lot No. 5 of 5 acres 52 perches valued at $170.40 might be adjudged to him at the valuation, whereupon it was decreed that the said Samuel shall and may upon entering into recognizance (personal security not being required as the valuation of the land taken by him did not amount to his distributive share of the whole real estate) hold and enjoy the said Lot No. 5 to him, his heirs and assigns forever as fully and freely as his said father had and held the same at his decease. By the Court of ________ .