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This document details the proceedings of an Orphans Court in Chester County, Pennsylvania from December 1751 to an unspecified date in June. The court appoints guardians for various children and heirs, and orders the division of land according to the wills of deceased individuals. petitions from individuals seeking guardianship and the court's subsequent appointments.
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Library of Congress Catalog Card Number 75-)^
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1747 - 1752
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past it is ordered ~I the Court that the sd Exr^5 be and Appear to
Acco~s & make report the said Orphans Court And that the said
sion of his sg father in law's Effects the Court taking the Same
EXANDER LACKEY Auditors to Adjust and Settle the Accot of the sg
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June Anno Dom 1747 Before CALEB COWPLAND THOMAS CUMMINGS JOSEPH
and the Court Allowed 7½ pCent for Comifsions on Six hundred pounds which is forty five pounds & one pounds Sixteen Shillings
hundred & forty Eight pounds and nine pence half penny one third
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to the Widow of the Intestate by any way or means whatfoever W.£.._^6
al Objection being made Therefore Allowed of & Confirmed -
year 1747 JOHN CHURCHMAN THOMAS WORTH JOHN HANNUM & SAMUEL BETTLE
TON JOHN HOUFE & NATHANIEL PENNOCK in Right of his Wife thence running North 65 degrees Easterly by a line of the Lands of the
hundred & thirty Six Pches to a poft Being alfo a Corner of JAME~
hundre~ & nine acres and Sixteen pches with the Buildings and Im-
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thence fouth 65 degrees Westerly by the lands of WILLIAM DOAN and WILLIAM SEAL 416 perches to an Ash Standing on the East Bank of Brandywine Creek thence the Severall Courfes thereof 47 perches to a poft being a Corner of ABRAHAM DARLINGTONs land thence north 65 degrees Easterly by the land of ABRAHAM DARLINGTON 396 pches to the Beginning Containing one hundred and six acres½ and twelve perches with the Buildings and Improvements thareon he paying the Sum of twenty five pounds for the use afores. and it is by us ordered and Agreed that the Severall Sums of money ad- vanced out of them respective Shares to make ym as near as.pofsi- ble to Equal Value with Each other as the law Directs Shall be applyed in manner following That is five pounds to JAMES one of the Sons of ye Deced to make up his Lott in value Equall with the other Children (Except the Eldest fans share) & another part of the money So Arifing to Discharge the debts Due from the Estate the furn being forty Seven pounds and the remaining part being Seventy Eight pounds the Interest of which Sum is to be payd to SARAH BENNETT the Widow of the Intestate to make up one part of her Dower er thirds it being four pounds· thirteen shillings and seven pence Per Annum and we alfo order and Appoint JOHN the Eld- ert fan to pay to his Mother the Widow Annually and Every Year the sum of two pounds Eight Shillings and ten pence, and (William)
WILLIAM TITUS, JAMES & NATHANIEL PENNOCK in Right of his Wife ANNE Every and Each of them Shall pay annually in like manner to the said Widow the Sum of one pounds four Shillin~s and five pence w~ich makes up the Sum of twelve pounds per Annum to the Widow wL we appoint to be raised and levied out of the Estate in manner afores~ which is to be paid to the Widow Annually During her Naturall life whicg we alott her to take in full Satisfaction for Dower or thirds w.£_ we submit to the Wise and prudent Consid- eration of this Court and in Confirmation hereof have hereunto Set our hands and Seals this thirteenth day of the fourth Month In the Year of our Lord one Thousand Seven hundred & forty Seven- JN0 CHURCHMAN (Seal) TH0 8 WORTH (Seal) JN° HANNUM (Seal) SAMll BETTLE (Seal)
Att an Orphans Court held at Chester the 16th day of June in the Twentyeth Year of the Reign of our Sovereign lord George the Second by the Grace of God of Great Brittain ffrance and.Ireland King Defender of the faith &c and in the Year of our Lord one Thousand seven hundred and forty Seven Before CALEB COWPLA~~ THO- MAS CUMMINGS JOSEPH BO~SALL JOHN MATHER and JOHN PARRY Esq-. Jus- ticli pre'sent of our s Lord Ye King Assigned to hold ye Court of Gen Quarter Sessions of the peace in the same Cou'ty and also to hold and keep a Court of Record in the Same County Stild the Orphans Court Otherwise at the Orphans Court held at Chester a- foresd for the County aforesd the said Sixteenth day of June in
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ye Year afores~ Before CALEB COWPLAND THOMAS CUMMINGS JOSEPH BON- SALL JOHN MATHER and JOHN PARRY Esq!:E.. Justices psent of our Lord the King Assigned To hold the said Court It is thus Contained (to wit)
Whereas MARY SCARLETT Executrix of the last Will and Testament of her former Husband JOHN FLOWER Deced hath made appear to this Court that he the said JOHN FLOWER died leaving a Wife the s~ MARY and Children to Survive him and that Agmon of All and Singular the Goods Chattles and Creditts of the s Deced were af- ter his £icease in due manner Granted to her the said MARY by the Regr Gen- for the Probate of Wills and Granting· letters of Admen in the Province of Pennsylvania to wit at Chester afores~ the Se- venth day of March in ye Year of our Lord one thousand Seven hun- dred and thirty Seven (Eight) and that the said JOHN FLOWER at the time of his Decease was amongst other things owner of Sever- all Lotts or pieces of Ground Scituate in the Township of Chi- chester which he had formerly Mortgaged To the Trustees of the Gen 1 ~ Loan Office for the province of Pennsylva for the Sum of Lawful money of America payable with the Interest thereof at Cer- tain days and times now past and not yett Discharged and after-· wards the said JOHN FLOWER made a Second Mortgage of the said lotts or pieces of Ground 80 the Reverend BACKHOUSE for the Su~ of Lawful money afores. & not yet Discharged as by the s- Mortgages appears And Whereas it is also 1
Tade appear to the Court by the Records remaining in the Reg Gen--s office in this County that the said MARY SCARLETT hath Exhibitted there and to this
all and Singular the Goods Creditts psonall Estate of the s1 De- ced wch Came to the hands Possession or knowledge of her the s MARY SCARLETT or of any other pson or psons for her Amounting to the Value of Eighty nine pounds ten Shillings and one penny Law- ful money of America and it also appears to the Court RY and Acco! here Likewise Exhibitted by the s9 MARY SCARLETT ~c She
the Debts and sums of Money Owing by the s_ JOHN FLLOWER at the time of his Decease wch are Come to her Knowledge amounting to Y~ sum of one huggred and fifty five pounds fourteen Shillings and three pence W- is Sixty Six pounds four Shillings and two pence more than the Personall Estate Will Extend to pay Now forasmuch as ye said Justices are Given to Understand that the said Lotts or pieces of Ground are not Contained in any Marriage Settlement and it Manifestly appearing to the Court here that the s9 Testa- tors personall Estate will not be sufficient to pay his (Debts)
Debts and bring his Children as the law Directs Therefore upon the Application Request of the said MARY SCARLETT it is allowed and ordered by the Court here psuant to the said Law that it
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Allowed o:r'·and .confirmed - ..'<:.^
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GEORGE ORSON father of WIL~IAM ORSON deced having Pettitiond ye Court that the Ex~ of yes WILLIAM ORSON Deced might appear at ye next Orphans Court wch was Allowed of -. ,... ,.
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WILLIAM HEWES having Petitioned ye Court for to Set aside the former Valuation & to appoint an other Inquest to make a Valua- tion of ye Real Estate of WILLIAM HEWES Deced But forasmuch as ye Accots of ye Psonall Estate not being made up therefore ordered that ye Admt make up his Accots by ye next Orphans Court
JACOB BARNARD and ISAAC BARNArD two of ye Sons of THOMAS BARNARD Deced JOHN ~EWES in Right of his Wife MARY who was ye Daughter of ye Deced Petitioned ye Court yt BENJa.WELDON adm~ ~f sQ THOMA~ BARNARD might !mediately appear and make up his Acco. 8 and yes BENJa WELDONd Appe~red 8
nd pray'd ye Auditors might be Appointed to settles Acco~ W~ was Allowed of & ye Court ap- points JOHN HANNUM, WILLIAM PETERS, CADWAL!DER EVANS and THO~ PENNELL to be Auditors to Adjust & Settle s Accots and to make report to ye next Ornhans Court -..
The Auditors of ye Estate of JAMES TREGOE deced having made an Imperfect Report and ye Adm~s not having rendered their Acco~s thfire~ore ordered that they Render thei~ Accots to Morrow Morning w2- s Time ye Adm~ appeared and having Rendered and Irregular Ace~ Therefore ordered that to be Recomitted to to Settle &c State a new Accot & to make report to ye next Orphans Court to be held at Chester the Thirtieth day of ye Instant September and to Divide ye Ballance amongst ye Widow and Children of ye Deced as ye Law Directs -
WILLIAM VAUGHAN having Produced the Acco~ of ELiza BROGDEN agt WILLIAM WRIGHT but the Court not thinking it Legall therefore Ordered y~ the Guardians of ye Children of JOHN WELDON deced to pay to WILLIAM WRIGHT ye sum of Eight pounds in Consideration for Maintaining SAMl & ELiza WELDON two of ye Children of ye deced -
FRA~CES HALE Adm~ of WILLIAM HALE Rnced having her Acco of her Admon on said Estate W- being read and ye Particular Vouchers being produced therefore Confirmed -
Exhibitted and heard allowed of
FRANCES HALE Petitioned the Court in Behalf of ANNE HALE one of ye Children of WILLIAM HALE Deged for the Court to appoint a proper Pson to be her Guardian w^0 was Allowed of and the Court appoints the sd FRANCES HALE to be Guardian to ye said ANNE HALE-
WILLIAM HALE Petitioned the Court for Liberty to Chuse his Guardians w.££ was Allowed of and he makes Choice of ABRAM MIT- CHELL and ROBERT TOMS to be his Guardians who are thereupon ad- mitted &c -
JOHN MOORE and ELrza ~is wire Admrs of JOHN DRUIT Deced hav- ing Exhibitted their Acco s w^0 being read and heard and No Ob- jection being Made therefore allowed of and Confirmed -
Whereas upon hearing the Petition of JOHN HOPTON Eldest son and heir at Law of JOHN HOPTON deced JOSEPH NICKLIN Junr in Right of his Wife MARY. (the) ~ "·........
the Daughter of the Deced~ wherein it is shown that the said JOHN HOPTON died Intestate and at the time of his death was seized in ffee of & in Sundry Messuages or Tenements with Severall tracts or parcells of Land thereunto Belonging Scituate in Bethell and Aston in ye said County together with a Considerable Psonall Es- tate & at the time of the Said JOHN HOPTONs decease he left his Wife RACHELL and Issue one Son (to wit) ye sd JOHN HOPTON and one Daughter MARY ye Wife of sd JOSEPH NICKLIN Junr to Survive him Prr~ing that partition may be made of ye said Mefsuages or Ten- emh Langs and Hereditaments together with the personall Estate w£.... yes JOHN HOPTON the father died seised of amongst all the Children of ye deced allowing the Widow a third part and ye Eld- est son a double share according to the form of an act of Assem- bly of this Province Intituled an act for ye settling of Inte- states Estates -
Whereupon it is ordered by the Court that wm PETERS, JOSEPM CLOUD, JN° HANNUMS & JOSEPH CHAMBERLIN all of Chester County af- Gent be psons agreed upon by all parties and approved of by the Court as proper and Indifferent Psons to make a Division of ye said Messuages or Tenements wth^ the tracts or parcells of land thereunto Belonging together with the personall estate shall go tohye said Messuages or tenements and tracts or pieces of land w£.... the. sd JOHN HOPTON died Seized of and that· having put an e- qua.11 Value .upon y^6 same as near as in Your judgme~ts you shall think right that you make an Equal division of ye st Messuages or Tenemts and tracts or parcells of _Land together W h the Psonall Estate in manner following (that is to say) one third part of ye Surplusage to RACHELL the late Wife of y~ Intestate and the other two parts that You Divide by Equall portions amongst all the Children of the antestate having a Due regard both ye Quality and Quantity of yes. Lands allowing ye Eldest son a Double share and all ye rest into Equall parts to and amongst ye remainder of ye sd Children (or their legall representatives) and how you shall make ye division ard you make known to ye Justices at an Orphans Court to be held at Chester ye fifteenth Day of December next un-
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ThetAdmx of ye estate of wm HEWES deced not having made up his Acco s therefore Considered by ye Court that he make them up again y~ next Orphans Court -
The Court orders that JOHN RIELY one of ye Guardians of ye Children of JOHN DRUITT Deced Appear at ye next orphans Court to make up his accots of his Guardianship and to be served with a Copy of ye order -
a rs _ JOHN MOOR & ELIZ this Wife.Adm-. of JOHN DRUITT deg~d having exhibitted their Acco s of y~ Admen on ye af9 estate W,- was al- lowed of -
Att an Orphans Court held at Chester for ye County of Chest- er in ye province of Pennsylv~ on ye fifteenth day of December in ye twenty first year of our Reign of our Sovereign Lord George ye Second by ye Grace of God of Great Brittain &9 and in ye Year of our Lord one thousand seven hundred and forty seven Before CALEB COWPLAND JOSEPH BONSALL THOMAS CUMMINGS and JOHN MATHERS Esqr~ Justices present of our s9 Lord ye King Assigned to hold ye Court of Quarter Sessions of ye peace in ye same County and also to hold & Keep a Court of record in ye same County Stil'd ye Orphans Court otherwise at ye Orphans Court held at Chester afd for ye County af~ ye sd fifteenth day of December in ye Year af~ Before
Justices present of ours Lord the king assign't to hold ye sd Court (It is thus Contained)
Whereas MARY HARVEY Widow Relict and Adm~ of ye Goods and Chat- tles of BENJa HARVEY late of Darby deceased her late husband hav- ing made appear to this Court that he yes~ BENJ~ died Intestate and that letters of admoH of all and singular ye Goods Rights and Creditts of ye ~1 B~NJ were after his ~ 1
cease in due manner Granted to her y s. MARY by ye Regr Gen for ye probate of Wills and gr~nting letters of admon in ye sd Province (to witt) at Chester af ye day of €n ye Year of our Lord one thou- sand seven hundred and and y y~ sd BENJa HARVEY at ye time of his decease was amongst other things owner of one full & equal and Undivided fourth part of a Certain Island Comonly Call'd and known b~ ye name of Smiths Is!and Situate (as tis Suppos'd in Darby af. and left a wife, yes MARY and four Children to Sur- vive him and Whereas it is also made appear to ye Court by ye Re- cords remaining in ye Regr Gen 11 ~ Office in ye County that ye s MARY hath Exhibitted there and to this Court a true and pfect In- ventory & Conscionable appraism~ of dall and ~ingular ye Goods Creditts and psonall estate of yes Deced w° Came to ye hands possession or knowledge of her ye sd MARY or of any other pson or psons for her amounting to ye value of fifty three pounds Eleven shillings & Six pence of lawfull money of America and it also apd pears to ye Court by an accot her Likewise Exhibitted by yes MARY, wch she doth Declare upon her Affirmation to be a true and Just Acco~ of all ye debts and sums of money owing (by) 12
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By yes d^ BENJa HAR~Y-at ·^ y e^ time of his death w-ch are Come to her knowledge and Since paid amounting in ye wholg to ye sum of Sixty Seven oounds ten Shillings & eight pence w£... is thirteen Pounds nineteen Shillings and two pence more than the Psonall estate will extend to pay ~ow fforasmuch as yes Justices are given to undeastand yt the s one full equal and individual fourth part of yes Island is not Contain'd in any Marriage Settlem~ and it manifestly appearing to the Court here that the said Intestates Psonall estate will not be sufficient to pay his debts and main- tain his Children or put them out to be apprentices and to teach them to read and wrate accordg to a Law of pennsylvania past at Philadelphia in yes Province in ye fourth year of ye late Queen Anne Intituled an act for ye Better settling of Intestates es- tates in such Cases made and provided therefore upon ye applica- tion and request of ye said MARY HARVEY it is allowed and ordered by ye Court here pursuaat to ye sd Law that it Shall and may be Lawfull to and for yes MARY HARVEY Adm~ afd to Sell ana Convey ye sd one full equal and undivided fourth part of yes Island Situate as afd to any Pson or Psons as shall purchase ye same in ffee Simple or Otherwise aad wth^ ye money raised by ye sale there of to pay so much of yes Intestates debts as his personall es- tate will fall Short to satisfie and to apply y^8 0 residue thereof (if any) for ye maintenance and advantage of yes- Children as ye Orphans Court for ye sd County for ye time·being Shall think fitt to order and direct But before any such sale be made It's order'd that ye Clerk of ye Court Shall make eight or more Distinct writ- i8gs upon parchmt or Good paper to signifie and give notice of ye s Sale and of ye day and Hour when and place where ye same will be and what lands or tenements are 80 be sold and where the lie and it is further order'd that the s Writings notifying ye Sale thereof Shall be delivered to ~e Constables of ye neighbouring Townships or ~o ye Sheriff o.f y County who shall make publica- tion of ye S Sale by fixing ye sd Writings in ye most publick places of ys County at least 10 days before ye Sale and yt ye afd MARY HARVEY being her proceedings therein to ye next orphans Court to be held at Chestt ye third tuesday in March next upon Affirmation -
Att an Orphans Court held at Chester ye Tenth day of ffebru- ary Annoq Dom 1747/8 Before CALEB COWPLAND THOMAS CUMMINGS JOHN MATHER Esqrs Justices present -
SUSANNA WEST Admx of the Estate of THOMAS WEST Dece'd having exhibitted her Accots of her Adman on y 0 afores1 Estate w^0 h being read and heard & the particular vouchers being Produced and no
SUSANNA WEST having Petitioned the Court in behalf of the Children of THOMAS WEST Deced for ye Court to appoint proper psons to be their Guardians which was allowed of & ye Court ap- points JOSEPH WILLIAMS and PETER DICKS to be Guardians and next
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SARAH and SUSANNAH PEIRCE two of the Children of GAINER PEIRCE deced having Petitioned the Court for Liberty to Chuse
PEIRCE to be their Guardian who is thereupon admitted -
SARAH PEIRCE having petitioned the Court in Behalf of ,JAMES & GAINER PEIRCE two of the sons of GAINER PEIRCE deced for the Court to appoint proper persons to be their Guardians which was allowed of and the Court appoints CALEB PEIRCE and JOSEPH GIBBONS to be their Guardians -
SARAH WOODWAR~ Admx of EDWARD WOODWARD Junr deced having Ex- hibitted her Acco of her Admon on the afsd Estate which being Read and heard and no Material Objection being made therefore al- lowed of and Confirmed -
SARAH WOODWARD having petitioned the Court in Behalf of MARY
WOODWARD Jur deced for the Court to appoint proper persons to be their Guardians which was allowed of and the Court appoints ABRAM
JOSEPH POWELL and THOMAS EDMONDS Extrs of WILLI!M ORSON deced Ex- hibitted their accounts of their Admon on the s Estate which be- ing read and heard and the particular Vouchers being produced and no Material objection being made therefore allowed of and Con- firmed -
OTTA NATSEILLES and MARY his wife late MARY LENDERMAN widow and Relict of WILLIAM LENDERMAN deced having petitioned the Court for an allowance of an Account fo~ the Laying in Nursing and Bur- iall of one of the Children of s. LENDERMAN and to order the Ex- ecutors of said WILL~ LENDERMAN to pay the same therefore the Court allows the sum of fifteen pounds for the Laying in Nursing and Buriall of sd Child & orders the Extrs to pay the same -
THOMAS PENNELL adm! of THOMAS WELCH deced and HENRY CAMM having petitioned the Court that Auditors might be appointed to settle an accot between the said WELCH's Estate and the said HEN- RY CAMM which was allowed of and the Court appoints JOHN MINSHALL JOHN FFAIRLAMB ang GEORGE MILLER or any two to be Auditors to ad- just and settles Account and make Return to next Court -
The Auditors of the Estate of THOMAS BARNARD having made re- port (by word of mouth) that they are not Likely to agree there- fore the heirs of ye sg BARNARD prays that other Auditors may be appointed to settle the same therefore the Court appoints PETER DICKS CALEB PEIRCE and GEORGE GILPIN or any two to make report to
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next Court -
The Children of wm tor the Confirmation of Referrd to the Orphans April next -
HEWES deced having petitioned the Court the Return of the Inquest therefore it is to be held here the twenty-Sixth day of
JOHN TAYLOR having petitioned the Court agt JAMES COUGHRAN for detaining some of the Goods Qf ALLEXANDER LACKEY deced There- fore the Court order that the sd JOHN TAYLOR JAMES COUGHRAN and ANNE LACKEY appear at next Orphans Court to Answer
The Guardians of the Children of WILLIAM HALE deced Made applica- tion to the Court for their opinion who should keep the deeds of the said HALEs land the Courts· opinion and that the Widow should Get the deeds recorded and the Cost to Come out of the Estate which the Widow undertakes to Do -
ABRAM DARLINGTON one of the Guardians of the Children of JOSEPH TAYLOR deced made Application to the Court for an order to ye Sheriff to Return the money in his hands to the said Guardians for the use of the said Children But the Court not thinking it proper as yet therefore ordered th~t NATHAN SHELLY and CATHRINE his Wife the Widow and relict of S JOSEPH TAYLOR appear at Next Orphans Court to be held ye twenty Sixth of April to give securi- ty for the Ballance that Remains in their hands Due to the Child- ren - Mary
MARY GILPIN having petitioned the CoMrt in Behalf of HANNAH GILPIN the daughtr of ISAAC GILPIN deceas for the Court to ap- point proper persons to be her Guardians wch was allowed of and the Court appoints THOMAS GILPIN GEORGE GILPIN & SAMUEL PAINTER Junr to be Guardians to the said HANNAH who is a Minor and under age -
JOSEPH ELGAR one of the Children of JOSEPH ELGAR Deced pe- titioned the Court for Liberty to Chuse to his guardian which was allowed and he make Ch~ice of JOHN CHURCHMAN to be his Guardian who is thereupon admitted -.
ELIZABETH ELGAR one of the Children petitioned the Court for Liberty to Chuse allowed of and shG make Choice of MORDECAI ian who is thereupon admitted -
of JOSEPH ELGAR deced her Guardian which was JAMES to be her Guard-
ELEANOR HOSKINS and NATHAN E¥ANS Admrs of CHARLES ARTHUR de- ced having Exhibitted their Acco s of their Admen on sd ARTHURs Estate which being Read and heard and the particular Vouchers be- ing produced and no Material Objection being made therefore al-
