At an Orphans Court held at Greensburgh in and for Westmoreland County on the 21st day of November in the year of our Lord one thousand eight hundred and thirty eight. Present Honorable Thomas White Esq. President & John Lobingier & Thomas Pollock Esqrs. Associate
Judges of the same Court.
JOHN McGUIRE Decd.
James McGuire came into Court and presented the following petition to wit. To the Honorable the Judges of the Orphans Court of the County of Westmoreland held at Greensburgh in and for said County. The petition of James McGuire second son of John McGuire late of Derry Township in the said County deceased humbly showeth. That your petitioners said father died intestate on or about the sixteenth day of April in the year eighteen hundred and fourteen leaving a widow named Mary (Since deceased) and issue nine children. to wit: Your petitioner, William his eldest son, Jane intermarried with Walter Ferguson, Martha, Sarah intermarried with Alexander Canon, Mary intermarried with Charles McComb, Samuel, Elizabeth intermarried with William Johnston & Nancy intermarried with David Cook That the said William McGuire on the twenty second day of April in the year eighteen hundred and fourteen by a deed duly executed conveyed all his interest in the real estate of his said father to his brothers & and sisters aforesaid their heirs and assigns . That since the death of said intestate the said Jane Ferguson died intestate leaving issue three children to wit Mary intermarried with William Jaffy, Sarah intermarried with William Findlay, and Martha Ferguson. That the said Martha McGuire died since the death of her father having first made her last will and testament bearing date the 20th day of July in the year eighteen hundred and thirty six by which will she devised a share of her real estate to each of her surviving brothers and sisters with the exception of the said William McGuire namely to Sarah Canon one share to Mary McComb one share to James McGuire one share To Samuel McGuire one share to Elizabeth McGuire one share to Nancy Cook one share and to Mary ,Sarah and Martha the children of her deceased sister Jane Ferguson one share That the said Elizabeth intermarried with William Johnston has also departed this life intestate leaving issue four children to wit Mary, Sarah ,Martha and Elizabeth Johnston minors under the age of twenty one years, that Walter Ferguson formerly the husband of Jane one of the intestates daughters is yet in full life and that William Johnston the husband of the said Elizabeth McGuire is also alive. That David Cook and Nancy his wife, Samuel McGuire, Walter Ferguson, William Jeffy and Mary his wife, William Findlay and Sarah his wife, and Martha Ferguson all reside in the state of Ohio. That Charles McComb and Mary his wife reside in the county of Indiana and that Alexander Canon and Sarah his wife, William Johnston and his children Mary Sarah Martha and Elizabeth Johnston are residents of Westmoreland County. That John McGuire the intestate aforesaid died seized in his demesne as of fee of & in a certain messuage plantation and tract of land situate in the township and county aforesaid bounded by lands of Henry Burkholder, Isaac Hughs, Peter Millar and others containing about one hundred and eighty acres be the same more or 1ess with the appurtenances. Your petitioner therefore prays your Honors to award an Inquest to make partition of the premises aforesaid to and among the children and representatives of the said intestate in such manner and in such proportions as by the laws of this Commonwealth is directed, if such partition can be made without prejudice to or spoiling of the whole; but if such partition cannot be made thereof as aforesaid then to value and appraise the same. And further to inquire and ascertain whether the said real estate with the appurtenances will conveniently accommodate more than one of the children of the said intestate and if so how many of the said children it will conveniently accommodate and make return of their proceedings to the next Orphans Court and he will pray &c
James McGuire
Which petition being read and heard the Court award an Inquest agreeably to the prayer of the petitioner
Whereupon a Writ was made out and directed to the Sheriff commanding him that taking with him twelve free honest and lawful men of his bailiwick he should go to and upon the premiss aforesaid and there by their oaths or affirmations that he should make partition thereof to & among the heirs & legal representatives of the said intestate in such manner and in such proportions as by the laws of this Commonwealth is directed if such partition could be made without prejudice to or spoiling of the whole but if such partition could not be made as aforesaid then to value & appraise the same according to Law, And further to enquire and ascertain whether the real estate with the appurtenances would conveniently accommodate more than one of the children of said intestate, And if so how many of the said children it would conveniently accommodate (Court appoint William Johnston Guardian ad Litem of Elizabeth, Mary, Sarah & Martha Johnston) That due personal notice of the time of making such partition should be given to all the heirs resident in this State and the Guardian and that partition or valuation so made he should distinctly and openly have before our Judges at Greensburgh at our Orphans Court there to be held the third Monday of February next under his hand and seal and under the hand & seals by whose oaths or affirmation he should make the partition or valuation together with this Writ.
At which time William McKinney high Sheriff of said County brought into Court said Writ with the following endorsement thereon. The Execution of this Writ appears by a schedule hereunto annexed.
So answers Willm. McKinney Shff
Inquisition indented and taken at the dwelling house late of John McGuire Decd. in the Township of Derry in the County of Westmoreland and State of Pennsylvania on the eight day of February in the year of our Lord one thousand eight hundred and thirty nine before William McKinney Esquire high Sheriff of the said County By virtue of a Writ of partition or valuation to him directed and to this inquisition annexed by the oaths of John Welsh, George Miller, James Guthrie, William Hughes, Buckholder, John Knight, Daniel W. Pershing, Wm. T. Baldridge, Jonathan Mossholder, Joseph Mears, John Mitchell and Robert Coulter twelve free honest and 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 lands & tenements in the said writ mentioned of which John McGuire in said writ mentioned died seized and then and there did find that the same lands & tenements could not be parted and divided to and among the widow and all the children in said writ named without prejudice to or spoiling of the whole thereof & did further find that the same lands & tenements would not conveniently accommodate more than one of the children of the said intestate And therefore the inquest aforesaid on their oaths aforesaid have valued & appraised the same lands & tenements mentioned in the said Writ at the sum of thirteen dollars and twelve cents lawful money of the United States for each and every acre strict measure at and for which sum Thirteen Dollars & twelve cents money aforesaid the Inquest aforesaid upon their oaths aforesaid do value & appraise the same. In testimony whereof as well the said Sheriff as the Inquest aforesaid have to this Inquisition interchangeably set their hands & seals dated the day and year above written
Willm. McKinney Shff (SEAL)
| John Welsh (SEAL) |
(Signed in German) |
Jonathan Mossholder (SEAL) (Signed in German) |
| George Miller (SEAL) |
John X Knight (SEAL) his mark |
Joseph Mears (SEAL) |
| James Guthrie (SEAL) | Daniel W. Pershing (SEAL) | John Mitchell (SEAL) |
| William Hughes (SEAL) | Wm. T. Baldridge (SEAL) | Robert Coulter (SEAL) |
February 8th l839 Surveyed the above described tract of Land at the request of Wm. McKinney sheriff of the County of Westmoreland for the heirs of John McGuire of Derry Township Deceased Containing one hundred and ninety four and one half acres strict measure situate in the Township and County aforesaid
George Mechling
At an Orphans Court held at Greensburgh in and for Westmoreland County on the l8th day of February A. D. l839, On Motion of J. Nichols Esq. Inquisition Confirmed and Rule on the heirs and legal representatives to appear on the first day of next term and accept or refuse the real estate at the valuation thereof. Notice of this Rule to be served on all the heirs residing in this Commonwealth and by four publications in one newspaper printed in this county.
At an Orphans Court held at Greensburgh in and for Westmoreland County on the l9th day of August A. D. l839 Satisfactory Proof being made of the service of the Rule upon the heirs and legal representatives to appear & accept or refuse the real estate of the decedent at the valuation as directed by a former order of the Court, James McGuire the second son of the decedent appears and agrees to accept the said real estate at the valuation and offers Thomas Ferguson of Unity Township as his security who is accepted by the Court and it further appearing that William McGuire the eldest son of said decedent did by a deed duly executed bearing date the 22d day of April l8l4 conveyed his interest in the said real estate to his brothers & sisters & their heirs as stated in the petition in this case. And Samuel McGuire and Martha his wife, David Cook and Nancy his wife having by their deed bearing date the l9th day of March l839 conveyed all their interest in the said real estate to the said James McGuire which said Samuel and Nancy are two of the children & heirs at law of the said deceased. The Court therefore order and adjudge and decree the said real estate afore said to the said James McGuire, his heirs and assigns & he is hereby directed to enter into Recognizances with the said Thomas Ferguson as his security to pay unto Alexander Canon and Sarah his wife, Charles McComb & Mary his wife, the heirs and representatives of Jane Ferguson formerly Jane McGuire & the heirs & representatives of Elizabeth Johnston formerly Elizabeth McGuire their shares (to each one seventh) in one year from this date The-costs of partition to be paid by the said James McGuire and deducted out of the valuation in the first place.
By the Court
James McGuire and Thomas Ferguson held to Alexander Canon in right of his wife Sarah late Sarah McGuire, to Charles McComb in right of his wife Mary late Mary MCGUIRE, heirs of John McGuire Decd. in the sum of $717.31 each. Upon condition that said James MCGUIRE pay to said heirs the sum of 358.65 5/7 each with interest. Also held to William Jeffy in right of his wife Mary late Mary Ferguson, to Martha Ferguson, to William Findley in right of his wife Sarah late Sarah Ferguson in right of their mother Jane Ferguson formerly Jane McGuire one of the heirs of John McGuire Decd. in the sum of $239.11 each. Upon condition that James MCGUIRE pay to the said heirs the sum of $119.55 each with interest it being their respective share of the real estate of said Decd. as per separate recognizance filed 26 the day of August A.D. 1839. Also to Elizabeth, Martha, Mary & Sarah Johnston in right of their mother who was one of the heirs of said Decd. in the sum of $179.33 upon condition that he pay unto said minors the sum of 89.66 ½ each with interest as per recog. filed 28th August, 1839.
April 27 l46 The Acknowledgment of Sarah Ann Findley authorizing her husband to lift her share of the above estate without giving security filed.