Wills: Thomas Dolby, 1871: Paint Twp, Clarion County, PA
Contributed for use in USGenWeb Archives by Jackie Dolby.
jadolby@aol.com
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December Term 1871
In The Matter Of The Estate Of Thomas Dolby, Deceased
At an Orphan's Court held at Clarion, in and for the County of Clarion,
On the 2 day of January 1872, The petition of Hannah Smith late Hannah
Dolby intermarried with Samuel Smith a daughter of Thomas Dolby, late of
Paint township, Clarion County Pennsylvania deceased. Presented setting
forth; That the said Thomas Dolby died on or about the 22 day of November
AD 1869, intestate, seized in his demise as of fee of and in a certain
messuage and tract of land situated in the said township of Paint, bounded
by land of William Bagley, Henry Harley and Rachel Ann Smith, containing
fifty acres more or less and leaving issue seven children to wit, Abraham
Dolby, John Dolby, Matilda, intermarried with Moses Anderson, Sarah
intermarried with Jeremiah Johnston, Rachel Ann intermarried with Jonathan
Smith and the petitioner, and nine grand children, to wit, Catherine, William
and Margaret Dolby minor children of Joseph Dolby,deceased, a son of said
Thomas Dolby having for their guardian Samuel Wilson Esq. and James P. Martin,
Keronica Martin, John T. Martin and Emma J. Martin , miners over fourteen years
of age- Edward D. Martin, Henry C. Martin and Emma J. Martin under fourteen
years of age- miner children and issue of Eliza Jane Martin late of _____County
in the State of Illinois a daughter of the said Thomas Dolby, who died previous
to the decease of her said father. That under the intestate laws of this
Commonwealth it belongs to the petitioners to have the one equal ninth part of
the said real estate in fee and to the said Abraham Dolby, John Dolby, Lewis Dolby,
Matilda Anderson, Sarah Johnston and Rachel Ann Smith each it belongs to have the
one equal ninth part of said real estate in fee, And to the said James P. Martin,
Keronica Martin, John T. Martin, Edward D. Martin, Henry C. Martin and Emma J. Martin,
children of Eliza Jane Martin deceased, each it belongs, to have the equal one
fifty-fourth part of said estate in fee.
No partition of said real estate having been had, the petitioner praying the
Court to____ inquest, to make partition of the said real estate to and among the
aforesaid parties according to their respective rights.
And said 9 Jan. 1872, inquest awarded, personal notice to heirs residing in
that County, as to those not residing in the County by publication in Clarion
Democrat for 3 successive weeks_______By the Court.
And said 9 Jan. 1872. Writ of Partition issued_____________
Sheriff Johnson makes return as follows viz: 14 Jan. 1872, Served this Writ____
reading and giving notice of time of holding the Inquisition to Abraham Dolby,
John Dolby, Lewis Dolby, Matilda Anderson, Sarah Johnston, Rachel Ann Smith,
Samuel Wilson Guradian of Catherine Dolby, William Dolby and Margaret Dolby,
miners children of Joseph Dolby deceased, and by publishing a notice to James
P. Martin, Keronica Martin, John Martin, Edward D. Martin, Henry C. Martin and
Emma Jane Martin, minor children of Eliza J. Martin, a daughter of Thomas Dolby
deceased. All residents of the State of Illinois for three successive publications
of noticeof contents of said writ and time of holding said inquest in the Clarion
Democrat a newspaper published in Clarion Borough, the last of who publication was
ten days previous to said notice.______So Answers
_________________S. Johnson, Sheriff
And now to wit, 8 Feb. 1872, J.B. Watson Esq. appointed Guardian Adlilem
for James P. Martin, Keronica Martin, John T. Martin, Edward D. Martin, Henry
C. Martin and Emma J. Martin, miner children of Eliza Jane Martin deceased_________________
by the ________
The execution of the written writ appears by a certain schedule or
inquisition hereto______.
December Term 1871
Clarion County SS.___________________________________________________
________An Inquisition, indented and taken at Paint Township in the County
aforesaid this 27' day of January in the year of our Lord One thousand eight
hundred and seventy two. Before Samuel Johnson Esq. High Sheriff of the
County aforesaid, by the oaths and affirmations of the Jurors whose names and
seals are thereunto answered, good and lawful men of his bailnirck, who say upon
their oaths and affirmations, that having been taken by the said Samuel Johnson
High Sheriff as aforesaid in his proper person, to the premises in the writ, to
this inquisition annexed described, and the parties in said writ named being
severally sworn and as as many as chose being present, that the property
described in the said writ cannot be parted and divided without prejudice
to the spoiling the whole thereof, and therefore that they valued and
appraised the same as follows, to writ at the sum of Three hundred eighty
seven dollars and fifty cents $387.50__________
And now 8 July 1872 Confirmed and Rule on the Heirs, Returnable to next
Leend, By the County.
And now 26 July 1872, Rule on Heirs to accept and refuse issued._____
Sheriff Johnson makes return as follows viz:__ March 1872, Served the
written Rule personally by reading a Abraham Dolby, John Dolby, Lewis Dolby,
Matilda Anderson, Sarah Johnston, Rachel Ann Smith, Samuel Wilson, Guardian
of Catherine Dolby, William Dolby and Margaret Dolby, minor children of Joseph
Dolby deceased, and on J. B. Watson Esq. Guardian Ad-litem for James P. Martin,
Keronica Martin, John T. Martin, Edward D. Martin, Henry C. Martin and Emma J.
Martin, minor childern of Eliza Jane Martin deceased___________________________________
So Ans.
_________________________________________S. Johnson, Sheriff
And now 6 May 1872, Bid of Abraham Dolby filed for ____________$401.50
Bid of Samuel Smith filed for ______________$410.00
________________________________________________________________
And now the 9 May 1872, the Inquest heretofore awarded to make partition of the
Real Estate of said deceased, having made return that the same could not be
divided amongst the parties entitled without prejudice to or spoiling the whole,
and that they had valued the same at the sum of Three hundred eighty seven dollars
and fifty cents, and proof having been made of the due service of a Rule upon all
the persons interested in said estate to appear in Court and bid accept as refuse
the same and said proof having been adjudged sufficient Samuel Smith intermarried
with Hannah Dolby one of the parties in interest appeared in open Court and offered
in writing the sum of Four hundred and ten dollars therefore, being twenty two
dollars and fifty cents above the valuation returned as aforesaid, and asked that
the said real estate might be ordered to him at the sum of Four hundred and ten
dollars, and the said sum of four hundred and ten dollars being the highest price
offered therefore, The Court do allot and order the said real estate to the said
Samuel Smith, at the said sum of Four hundred and ten dollars, he paying to the
other parties interested in one year, this proportional part of the said sum at
which the same is alloted and ordered to him as aforesaid with interest.__________________
And it is further ordered by the Court that the said Samuel Smith do enter
into recognizance to the Commonwealth in the sum of Eight hundred dollars conditioned
to pay the other parties interested their proportionable parts of the said sum of Four
hundred and ten dollars, according to the order of the Court, and also giving bond to
each of the distributees with T.C. Wilson on his surety, who is approved by the Court
for the payment of their respective shares in one year from this date, with interest._________
By the Court:________________Attest J.W. Song
Clerk
10 May 1872 Recognizances filed_______________________________