WILLS: John Philip CUSTER, 1811, Somerset County, PA

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Source: Unknown
Written: July 13, 1811

I, Johannes Kustert, of Strassbache, write this will for the benefit of my 
housewife, Margretta. Margretta is to have my house and stable as long as she 
wants it or lives there or can hold it, and any one cow that she wants. One 
bed, one large kettle, one small kettle, one spinning wheel, all kitchen 
utensils that she brought, one large chest and all that is in it, one dozen 
pewter spoons. Witness this, my hand and seal this day, July 13, 1811. If she 
leaves the farm she is to have $300 cash, with the above mentioned articles. 
Johannes Custert (seal); Christian Blauch and Jacob Blauch.

To Frederick Custer -- Take notice that the last will and Testament of 
John Kuster decd has this day been proven in the Register's Office for said 
County and you are hereby cited to appear at the next Orphans Court to be held 
for said County on the last Monday in August inst at Somerset to show cause if 
any you have why the Letter of Administration granted to you should not be 
revoked and disanulled . Witness my hand and seal of office this 24th day of 
August 1812.   Alexander Ogle, Register.

To the honorable the judges of the Court of Common Pleas of the County 
of Somerset now comprising on Orphans Court in and for said County 28th 
December Anno Domini 1812. - - The Petition of Frederick Custer on the heirs 
of John Custard of Conemaugh Twp. in said County deceased -- Humbly Sheweth -- 
That your petitioners said father lately died Intestate leaving a Widow to wit 
Margaret and issue six children to wit, Fredk (your petitioner), John, Jacob, 
Abraham, Barbara intermarried with Henry Reed, and Catharine intermarried with 
William Fenlow, and that the said Intestate decd seized in his demesne as of 
fee of and in a certain messuage or one undivided half of 260 acres of land or 
thereabouts situate in Conemaugh Twp., in said county with the appurtenances. 
Your Petitioner therefore prays your honours to award an Inquest to make 
partition of the premises aforesaid to and amongst the children and 
Preventatives of the said Intestate in such manor and in such proportion as by 
the laws 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 as aforesaid, then to value and appraise the same and make Report 
of their proceedings according to law. And he will ever prayed etc. his mark   
(Fredk Custard)
Inquisition indicted and taken at the house of John Custard in the 
County of Somerset on the 13th day of May 1813.  Before Frederick Neff Esquire 
high Sheriff of the aforesaid, by virtue of a writ of Partition or Valuation 
to him directed and to this Inquisition amean__the oaths of Joseph Berky, 
Daniel Shaver, Philip Cocker, Henry Gibler, William LaDoras, and Andrew Wertz. 
And the solemn affirmation of Peter Berky, Michael Spitzer, Peter Spitzer, 
Christian Kaufman, Joseph Miller, and John Bumdryer. ___free honest and lawful 
men of this Bailiwick who on their oaths and affirmations aforesaid do say 
that they went to the messuage and premises whereof John Custard in the writ 
named decd seized and possessed then and there did find that the same could 
not be divided and parted to and among the parties in the said writ named 
without prejudice to and spoiling the whole thereof. And therefore the Inquest 
aforesaid on their oath and affirmations as aforesaid have valued and 
appraised same at the sum of three Dollars per acre. 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.  His mark: Joseph E Berky, Frank Neff Shiff, Daniel Shaver, Peter 
Berky, and other signatures.

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