John Niesley and Christian France Administrators of all and singular Goods and Chattles Rights and Credits which were of Michael France late of Paxton Township deceased appeared in Court and produced their account upon the administration of the Estate of the said deceased duly passed before the Register from which there appears to be a balance in their hands of three hundred and seventy five pounds eleven shillings and eleven pence which account upon examination the Court do approve and allow and direct that the said balance after deducting thirteen shillings and two pence the expence of this Court be distributed according to Law

The Court appoint Christian France of Manheim Township in the County of Lancaster Guardian of the person and estate of Mary France a minor daughter under the age of fourteen years of Michael France late of Lower Paxton Township deceased during her minority.

Elizabeth France a minor daughter above the age of fourteen years of Michael France late of Lower Paxton Township deceased comes into Court and chooses Christian France of Manheim Township in the County of Lancaster Guardian of her Estate during her minority and the Court approve of and appoint the said Christian France her Guardian accordingly.

The Court appoint Jacob France of Manor Township in the County of Lancaster Guardian of the persons and estates of John France, Michael France and Veronica France minor children under the age of fourteen of Michael France late of Lower Paxton Township decease during their respective minorities^[3]

I find it quite probable that Christian and Jacob Frantz—guardians of his children—were relatives, perhaps brothers, of Michael Frantz. John Nissley was likely related to Michael’s wife Feronica “Franny” (Nissley) Frantz.^[4]

Michael and Feronica (Nissley) Frantz had children:

1. Elizabeth Frantz, born before 17 October 1783 (over 14 on 17 October 1797), who married Rev. John Mumma.
2. Mary Frantz, born after 17 October 1783 (under 14 on 17 October 1797), who married Jacob Snavely.
3. John Frantz, born after 17 October 1783, who died before 1807.
4. Michael Frantz, born 22 May 1789, who married twice—first to Elizabeth Neidig, daughter of John and Mary (Bear) Neidig, and second to  Elizabeth Walters, daughter of Jacob and Anna (Stauffer) Walters, and died 5 Jun 1866.
5. Veronica Frantz, born after 17 October 1783 and died before 19 May 1810.

Michael Frantz Jr. was the father of Anna Frantz, my 3x great grandmother and wife of Levi Hocker, who died mysteriously in 1876.

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]

The Pennsylvania Probate records on FamilySearch include will books and Orphans Court books for Perry County. I didn’t find a will for Anthony Parsons, but I did find two references to him in the Orphans Court books.

January 1735 Petition for Guardians

The first is a petition on behalf of his minor children.^[1] In the January 1835 term a petition was made on behalf of George, Anthony, Sarah and William Parsons, the minor children of Anthony Parsons, late of Perry County by the mother Catharine Parsons. The petition states that they were all under the age of 14—therefore born after 1721—and requests the court to appoint a suitable guardian. George Parsons, quite possibly Anthony’s brother, was named as guardian.

The second reference was for the settling of Anthony’s estate. The Register of Perry County presented a copy of George Varns’ administration of Anthony’s estate to the court on 4 April 1836.^[2] There was a balance of $16.79 due to the administrator.

So far, the details are consistent with Anthony being the father of Sarah (Parsons) Leedy. What more can we find?

Partition diagram

In pursuance of a writ of Partition or valuation on the Real Estate of Thomas Kinnard late of Burrel [sic] Township Deceased by the Orphan’s Court of the County of Armstrong granted and to R M Kiskaden Esq High Sheriff of the County aforesaid directed.

Surveyed on the 9th day of February AD 1866 In pursuance of the said writ of Partition and to the heirs and legal Representatives of the said Thomas Kinnard Decd the above described trace of land situate in Burrell Township Armstrong County and divided into three parts as above marked A. B. & C viz That part of the tract of land marked A contains fifty seven acres and eleven perches that part marked B contains seventy six acres and twenty nine perches that part of the diagram marked C Contains thirty six acres and twenty four perches making in the whole tract of land one hundred and sixty nine acres and sixty four perches strict measure.

Alexander Gordon Artist

 

And now to wit: 5th March AD 1866 Inquisition Confirmed and a Rule on the heirs and legal Representatives of said deceased to appear on the first day of next term (being the 4th day of June 1866) and accept or refuse the premises at the valuation thereof of show cause why the same should not be sold. Personal notice on all parties interested.

By the Court

Rule issued 21 March AD 1866

 

May 2nd 1866 Served on Robert Klingensmith and wife Benjamin F. Kinnard and wife William Mansfield and wife Henry George Kinnard. May 24th on Lebius Kunkle & wife by Reading and copies. so ans. W W Bony Dep Sheriff

April 27th 1866 Served on Henry Darbaker and his wife by reading and copy. so ans R M Kiskaden Sheriff

Served May 2rd 1866 the within notices on Christ Hoover and Caroline Hoover personally by reading so ans. Wm Dunlap Dep Sheriff of Jefferson Co. Pa

 

DECREE

And now to wit: 4th June AD 1866 this cause came on to be [heard?] on return of the Rule upon the heirs to accept of refuse the several allotments according to law and all the heirs being severally called according to law came as follows:  Benjamin F. Kinnard who accepts of allotment “B” William Mansfield who in right of his wife Christena and accepted allotment “A” and Lebuis Kunkle who in right of his wife Sarah accepted of Allotment “C” and the said several parties offered to the Court as sureties as follows: Benjamin F. Kinnard  Wm. Deshong, Wm Mansfield, Samuel Mansfield Senr, and Lebuis Kunkel and Daniel Kunkle . Whereupon the Court do now hear order adjudge and decree as follows to wit: That B.F. Kinnard take and hold to him and his heirs & assigns in fee simple the said allotment “B” and that the said Wm Mansfield in right of his said wife take and hold to them and his heirs & assigns in fee simple the said allotment “A” and that the said Lebius Kunkle in the right of his said wife take and hold to him and his heirs and assigns in fee simple the said allotment “C” And that said acceptants Severally pay to the other heirs their part of the said valuation money and that the costs be paid out of the said valuation money and the Court approve the Sureties as aforesaid

By the Court

Recognizance executed and file

Petition of Benjamin F. Kinnard for Partition of the Estate of Thomas Kinnard late of Burrell Township, Deceased

To the Honorable the Judges of the Orphans Court in and for the county of Armstrong in the Commonwealth of Pennsylvania ~ The Petition of Benjamin F. Kinnard of the said County Respectfully Showeth that he is one of the heirs and legal representatives of Thomas Kinnard late of Burrell township in the said County deceased that that [sic] the said Thomas Kinnard died on or about the month of April 1858 intestate That the said deceased at the time of his death was lawfully seized in his demesne as of fee of an in a certain piece parcel or tract of land Situate partly in Burrell and partly in Plum Creek township in said County adjoining lands of Samuel Kepple and Jacob Young on the north John L Keir on the east Absalom Klingensmith on the south and William Ramally on the west containing about one hundred and fifty acres more or less. And your petitioner further showeth that the said Thomas Kinnard died leaving surviving a widow Mary Kinnard who is since dead and seven children who are still living to wit: Catharine now married to Henry Darbaker, Christianna married to William Mansfield, Caraline [sic] married to Christopher Hoober (in Jefferson County), Sarah married to Lebius Kunkle, Benjamin F. Kinnard (your petitioner) Henry George Kinnard and Sarah Jane married to Robert Klingensmith, all of the said heirs being of full age. Your petitioner further says that the tract of land has never been parted and divided between said heirs according to law. And your petitioner therefore prays your Honors to award an inquest to make Partition of the premises aforesaid to and among the said parties interest in such manner and in such proportions as by said laws, laws [sic] of this Commonwealth is directed if such partition can be made without prejudice to or spoiling the whole but if such partition cannot be made thereof then to value and appraise the same and make return of the proceedings according to law and as in duty bound he will pay &c

Benjamin F. Kinnard

Sworn & subscribed this 4th day of December 1865

P K Bowman, Clerk OC

And now to wit: 4th December 1865 Inquest award with personal notice on all parties interested

By the Court

5th December 1865 Writ issued

Served on Henry Darbaker and Catharine Darbaker his wife, Wm Mansfield and Christena Mansfield his wife Benjamin F Kinnard, Henry G Kinnard Robert Klingensmith, Susan J. Klingensmith his wife, Lebius Kunkle and Sarah Kunkle his wife by reading and copies, and to Christopher Hoober  and Caroline Hoober his wife by the Sheriff of Jefferson County see copy attached, and further Execution of this writ appears [from?] a certain schedule hereto annexed

So answers R M Kiskaden, Shff

Inquisition [executed?] and taken at the late dwelling house of Thomas Kinnard late of Burrell Township Deceased on the 9th day of February in the year of our Lord one thousand eight hundred and sixty six before R M Kiskaden Esq High Sherill of the County of Armstrong in the state of Pennsylvania by virtue of a writ of Partition or Valuation to him directed and to this Inquisition annexed by virtue of the Oaths of Jonathan Myers, Abraham Klingensmith, Isaac Smith, Andrew Cover, Isaac Rupert, Absalom Klingensmith, James Wyatt, Andrew Rubbert, and Samuel Kepple twelve free honest and lawful men of his Bailiwick who on their Oaths as aforesaid respectively do say that on the day and year aforesaid they went to and upon the lands and tenements of which Thomas Kinnard in the said writ mentioned died seized and then and there in the presence of the parties therein named and by me warned and find that the same land and tenements with the appurtenances could not be parted and divided to and among all the children of of the deceased without prejudice to and spoiling the whole thereof. And therefore the inquest aforesaid on their solemn oaths aforesaid did then and there further find that the said lands and tenements with the appurtenances will divide into three parts with out prejudice and spoiling the whole viz That part of the said lands and tenements with the appurtenances included and bounded by the following courses and distances viz Beginning at a post thence by land of Absalom Klingensmith north eighty eight degrees west eighty four perches to a post thence by a part of said land in the diagram hereunto annexed marked as “B” north two degrees west one hundred perches to a post thence by land of Jacob Young South Seventy five degrees east one hundred and nineteen perches to a post thence by lands of John S Kier South forty seven degrees east twelve perches to a post thence by lands of Charles Rubbert South thirty degrees west Seventy three perches to the Beginning Containing fifty seven acres and eleven perches situate partly in Burrell & partly in Plum Creek Township and in the diagram hereunto annexed marked with “A” and therefore the inquest aforesaid on their Oaths have valued and appraised the same at fifteen dollars per acre amounting to the sum of $856.03 at and for which sum of money aforesaid upon their oaths aforesaid do value and appraise the same. And all that piece or parcel of Land with the appurtenances contained within the Boundaries following viz. Beginning at a post thence by land of Absalom Klingensmith thence north eighty eight degrees west one hundred and ten perches to a post thence by a part marked C on the diagram hereunto annexed north two degrees west one hundred and twenty four perches to a post thence by lands of Samuel Kepple  and Jacob Young South seventy five degrees east one hundred and fourteen perches to a post, thence by the part marked “A” on the diagram South two degrees east one hundred perches to the Beginning Containing seventy six acres and twenty nine perches (Situate in Burrell Township) and therefore the inquest aforesaid on their oaths aforesaid have valued and appraised the same at the sum of $18.00 per acres amounting to the sum of $1371.26 for which sum as aforesaid the inquest aforesaid upon their oaths aforesaid do value and appraise the same ~ And all that piece or parcel of land with appurtenances contained with the boundaries following viz Beginning at a post thence by lands of Absalom Klingensmith north two west eighty perches to a post, north sixty six west forty six perches to a white oak thence by land of Wm McKenna South Seventy one degrees west twenty one perches to a spruce pine thence by Andrew Rubbert and Wm Ramely north twenty two degrees east one hundred and twenty six perches to a post, thence by lot marked “B” South two degrees east one hundred and twenty four perches to the Beginning Containing thirty six acres and twenty four perches on the diagram marked “C.” And therefore the inquest aforesaid on their oaths aforesaid have valued and appraised the same at $15.00 per acre amounting to the sum of $542.25 the inquest aforesaid do value and appraise the same. In testimony whereof as well the said Sheriff as the inquest aforesaid have to this inquisition, interchangeably set their hands and seals Dated the day and year above written. R M Kiskaden, Sheriff  (seal)

Jonathan Myers (seal)      James Wyatt (seal)

Abraham Klingensmith (seal)  Wm Ramely (seal)

Isaac Smith (seal)     A. J. Remaly (seal)

Andrew Cover (seal)     Wm Deshong (seal)

Isaac Rubbert (seal)     Andrew Rubbert (seal)

Absalom Klingensmith (seal)     Samuel Kepple (seal)

Allotment A Contains 57 acres 11 perches appraised at $15.00 per acre  $856.03

” B ” 76 ” 29 ” ” $18.00 ” ” $1371.26

” C ” 36 ” 24 ” ” $15.00 ” ” $542.25

Amount $2769.54

Partition diagram

Read Amanuensis Monday — Partition of Thomas Kinnard’s Estate (Part 2).