1805 Petition for Partition of Ulrick Hoover’s Real Estate

I’ve been researching Ulrich Huber of Adams and York County recently. Here’s a transcript of the petition to partition his York County property put forth by his son Henry Hoover.

To the Honorable the Judges of the Orphans Court of York County
The Petition of Henry Hoover one of the sons of Ulrick Hoover late of Adams County who died Intestate Humbly Showeth—

That the said Ulrick Hoover lately died Intestate leaving a widow named Eve; and John Hoover his eldest son, Susanna intermarried with John Roerbach, Michael, Catherine, Eve, intermarried with George Werley; George, Henry Peter, Elizabeth, Mary, Barbara, David and Sarah; and Eve, Catherine, Elizabeth and [empty space], grandchildren of said Intestate, being children of Intestates daughter Magdalena who was intermarried with Philip Keller, and died in the lifetime of her father; all lawfull issue or their Representatives to Survive him—

That said Intestate died seized in his Demesne as of fee of three messuages one Merchant mill one saw mill and vie hundred acres or there abouts of land situate in Manheim Township, York County, adjoining land of Jacob Keller, George Werley, Andreas Miller George Peter & Peter Sabel—

That the widow children and grand children of said intestate hold the said messuages mills and tract of land as tenants in common and undivided—

Your Petitioner, therefore prays your Honors to direct an Inquest, to make division or partition of the Real estate of said Intestate, to and amongst the widow children and children of his deceased daughter Magdalena if the same will admit of such division or partition without prejudice to or spoiling the whole but if the same can not be so divided without prejudice to or spoiling the whole then to divide the same into as many parts or parcels as the same will admit of without prejudice to or spoiling the whole and value the same each parcel separately

But if the same will not admit of division or partition as all without prejudice to or spoiling the whole then to value the whole undivided according to the writ of General Assembly in just case made & provided & your Petitioner shall prey [?]

Henry Huber [signed in German]^[1]

I received a digital version of his estate files from the York County Archives. It included this partition request, a draught of Henry Hoover’s portion and a draught of George Hoover’s portion of the partitioned lands, and Michael Hoover’s refusal to take any of his father’s real estate.

The clerk’s record of this petition also included the following:

Whereupon it is ordered by the Court that the Sheriff of the County of York, in his proper person with twelve good and lawful men of his Bailiwick in the presence of all the parties who shall choose to attend, or the Guardians of such of them as are Minors , they having  respectively had due due [sic] and legal notice thereof Do hold an Inquest on the aforesaid premises and make partition thereof to and amongst the Widow and children and grand children of the said deceased (preference being give to the eldest son)

If the same will admit of such partition without prejudice to or spoiling the whole. Otherwise to value the who undivided According to the Act of Assembly in such case made and provided and that the said Sheriff do make return of said Inquisition as well under his own hand and Seal as the hands and seals of said Inquest to the next Orphans Court after the same shall be held.^[2]