Wills: Estate of Hugh DONNELL, 1884: Lower Burrell Twp, Westmoreland Co, PA
Contributed for use in USGenWeb Archives by DJ Donnell Watson;
transcribed by Janet Donnel.
djwatson@uswest.net
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(MEANS ORPHANS COURT) 100
NOVEMBER 7, 1886
DATE OF DEATH 23, SEPT., 1884
NO. 34 TURNEY ESTATE OF HUGH DONNELL DECEASED. CLK KISTNER $8.50.
CLK KISTNER EXEMP OF REE $5.00, RECD OCT. 10, 1887 OF WM. ROSS
TRUSTEE THIRTEEN DOLLARS AND 50 CENTS THE ABOVE COSTS. Geo. W.
KISTNER, CLK
To the Hon. James A. Hunter President and only Judge of the Orphans
Court of Westmoreland County, Pa. The petition of William Ross
Administrator of Hugh Donnell late of Lower Burrell Township,
Westmoreland County, Respectfully represents that the said Hugh Donnell
lately died intestate, leaving to survive him Collateral heirs as
follows:
1. Unity Donnell a Sister, Westmoreland County, Pa. 2. William
Donnell, a brother, Westmoreland County, Pa., 3. Jacob Donnell, a
brother, Westmoreland County, Pa. 4. The widow and heirs of John
Donnell deceased, a brother, 1. Elizabeth Donnell widow of Allegheny
County, Pa., 2. Kennedy Donnell a son, of Allegheny Co., Pa.
3. Margaret married to Joseph Tucker of Allegheny Co., Pa, 4. Martha
married to Andrew McIntyre of Allegheny Co., Pa. 5. Margaret Donnell
widow of William a son deceased of Chatauqua County, Kansas, 6. John
Donnell of Armstrong County, Pa., 7. Morris Donnell of Coffee County,
Kansas, and the following grandchildren of John Donnell, deceased. 1.
John L. McCallister, Allegheny Co., Pa, 2. J. Henry Donnell, Allegheny
County, Pa., 3. Mary Ann Monkgomery, Chautauqua Co., Kansas------4.
John Donnell, Chautauqua Co., Kansas, 5. Thomas Donnell, Chautauqua
Co., Kansas, 6. James Donnell, Chautauqua County, Kansas, 7. Joseph
K.Donnell, Chautauqua Co., Kansas, 8. Martha G. Donnell, Chautauqua Co.,
Kansas, 9. Henry Donnell, Chautauqua Co., Kansas, 10. Minnie
Donnell, Chautauqua Co., Kansas, 11. Margaret Donnell, Chautauqua Co.,
Kansas, 12. Eliza J. married Asa Durreck, Young County, Texas.
The children of Patrick Donnell deceased a brother of Hugh Donnell the
intestate to wit; 1. Samuel Donnell of Johnston County, Missouri, 2.
John Donnell of Westmoreland County, Pa. 3. James B. Donnell of Warren
County, Illinois, 4. William Donnell of Jackson County, Kansas, 5.
Joseph Donnell, Heirsdale County, Colorado, 6. Henry T. Donnell of
Coffee Co., Kansas, 7. Nancy J. married to J. G. Moore, Warren County,
Illinois, 8. Margaret Ann married to James Tringle, ...County, Wisconsin,
9. Mary J. married to Joseph McQuilkin, Blackhawk County, Iowa.
The petition further represents that the said Hugh Donnell died seized
in his demesne as of fee of in and to an undivided one half interest in
a certain tract of land situated in Lower Burrell Township,
Westmoreland County, Pa., bounded and described as follows NO. 1. On
the South and West by lands of R. F. Stewart and James Leslie on the
North by land of George Cook on the North - East by lands of Mrs.
Taylor, and on the East-by land of Garvays heirs and Jacob Donnell
containing one hundred acres more or less. NO. 2. Also of in and to
the undivided one sixth 1/6 part of a certain tract of land situate in
Fawn Township Allegheny County, Pa. and bounded and described as
follows; bounded by lands of James Kennedy, Stewart - Tringle, Joseph
Painter, heirs of Benjamin Harbison and others containing two hundred
and sixty acres more or less. NO 3. Also of in and to the undivided
one sixth 1/6 part of a certain tract - of land situate in the County
of Treble State of Ohio and described as follows; the North West
quarter of section of thirty two in township nine of range two East -
of the meridian line and containing one hundred and sixty acres.
Exhibit "B", Your petition further represents that the personal estate
of the said deceased is insufficient for the payment of debts, as well
appear by a
Second Page 101
... and perfect inventory and conscionable appraisement of all the
personal estate whatsoever of said deceased, and a just and true
account of all debts of the said decedent, which have come to the
knowledge of your petitioner herewith exhibited exhibit "B", "C",
"D", That it is necessary to raise money for the payment of the
decedents debts out of his real estate, that there is a balance due and
payable out of the estate on the note of Jacob Donnell, after deducting
$532.77 amount in administrators hands ... appears by a copy of
administration account as settled and filed "A", $12,889.23 to which
is to be added the cost and expense of this proceedings the same being
a lein on the said real estate, which more .... Apprears by a schedule
hereunto amended. Whereupon your petitioner prays the court to make a
decree authorising him to make public sale of the tract of land situate
in Westmoreland County, Penna, to pay debts, and also to raise the sum
of $12,889.23 by making public sale of decedents interest in the tract
of land elswhere herein more particulary described, situate in Fawn
Township, Allegheny County, Pa., for the payment of debts and he will
pray etc.
William Ross
Westmoreland County SS.
William Ross, administrator of Hugh Donnell deceased, being sworn that
the facts contained in the foregoing petition are tru to the best of
his knowledge and belief.
Sworn and subscribed this 6th day of December, 1886 before me F. M.
Johnston, J.P.
"A"
Administration account of William Ross admistrator of Hugh Donnell
estate of Lower Burrell Township, Westmoreland County, Pennsylvania.
"Dr".
The accountant charges himself as follows to with:
To amount of Inventory filed $505.90
To amount of gain on sale of same 134.70
To Amount of Rent received on real estate
In Ohio rented in decedents lifetime, 24.01
$604.62
The accountant claims credit as follows to wit:
Cash paid Philip Remeck acct. per recpt 1.50
Cash paid Jon Ryan jr. " " " 1.50
Cash Paid Leslie & Irwin app 2.00
" " Rowan Bros. Casket 50.00
" " H. R. Hunter Clk 10.00
" " W. G Johnston etc. advg 2.25
" " Vogel & Weinheimer advg. 3.00
Cash paid Jno R. Moore acct per recpt 12.25
" " J.Y Woods, Atty Fee 5.00
" " G.W. Kistner, Clerk 2.50
" " Jac Turney acct. 5.00
Accts charge for time trouble etc. 30.00
Paid register examing passing etc. 6.85
$ 131.85
Jacob Donnell holds a Judgement note against Hugh Donnell deceased
dated the 11th day of Dec. 1884 payable one day after date with
interest from date for $12,000.00 which is unpaid and no credits.
State of Pennsylvania, Westmoreland County - SS E.F.. Houseman
Register of Wills etc. of Westmoreland
Original Account as filed and settled in my office November 3, 1886 as
the same remains in my office at Greensburg, Pennsylvania.
Given under my hand and seal of office this 9th day of November 1886
E. F. Houseman Registar etc.
"B" - a full and correct exhibit of all the real estate of the within
named Hugh Donnell deceased so far known, No. 1 - A certain tract of
land situate in Lower Burrell Township Westmoreland County, Pa, in
which said decedent died seized of a one undivided half interest
containing in all one hundred acres more or less. No. 2. An undivided
one sixth interest in a certain other tract of land situate in Fawn
Township Allegheny County, Pa., containing in all two hundred sixty
acres more or less, No. 3 - an undivided one sixth interest in a
certain other tract of land situate in Treble County, Ohio containing
one hundred and sixty acres more or less - all of which tracts are more
particulary described in the annexed petition.
"C" -a full correct conscionable exhibit of the personal property
belonging to the estate of said decedent and available for the payment
of debts, Balanced in the hands of Wm Ross admr. As exhibited by his
account so settled of the entire personal estate, in the orphans court
of Westmoreland County ...copy herewith annexed $532.77
"D" a correct and full statement of debts as far as known Note of Jacob
Donnell interest from 11 Dec. 1884 $ 12,000.00.
In the Orphans Court of Westmoreland County No Nov. Term 1886 In the
matter of the application to sell certain real estate in the petition
of William Ross admin.
State of Pennsylvania
Westmoreland County, SS Personally appeared before me Isaac Irwin who
being sword says that he has knowledge of the property in Westmoreland
County, Pa and Allegheny County personal and obtained upon inquiring
that he believes the sum of Fifteen Hundred Dollars would be a fair
cash value of the one undivided half of the Westmoreland County tract
of land and that the undivided one sixth part of the Allegheny County
farm is reasonably worth the sum of One Thousand dollars in cash to the
best of his knowledge and belief.
Sworn and subscribed this 6th day of December, 1886 before me F.M.
Johnston --J.P.
Isaac Irwin
And now to wit -Dec. 9th 1886 the petitioner statement and accompanying
affidavit of William Ross administrator as aforesaid, being presented
in open court praying for leave to sell certain real estate of said
decedent and also to raise money to pay debts after a full and careful
consideration of the same do hereby decree a sale of the real estate
situate in Westmoreland County, and that he raise the sum of money in
said petition mentioned by sale of the real estate situate in Allegheny
County, Pa, the orphans Court of said County consenting the said real
estate being petition and mentioned by sale of the real estate situate
in Allegheny County, Penna., the orphans court of said County
consenting the said real estate being more particularly described in
the said petition and accompanying exhibits, the said William Ross is
appointed or Trustee to make the said sale as herein ordered sale to be
public outcry on the respective premises to wit; on the farm in Lower
Burrell Township Westmoreland County on Saturday the 15th day of
January 1887 at 1 OClock P.M. with leave to adjourn from day to day.
Notice to be given by hand bills posted and by publication in one
newspaper in Greensburg and it is ordered that the real estate situate
in Fawn Township Allegheny County Pa be sold at public outcry on the
premises on Thursday the 20th day of January 1887 at one OClock P.M.
with leave to adjourn from day to day notice of the sale to be given
in by printed handbills publicly posted and by three newspapers
published in the city of Pittsburg, Allegheny Co., Pa. and that the
said sales be made on the following Terms to wit: one half of the
purchas money in each case be paid cash on confirmation of the sales
and the balance in each case to be paid in six months from the
confirmations of the deeds with interest from the date of deeds, the d
eferred payments to be secured by Judgement bonds on the respective
premises and the court direct that William Ross Administrator of Hugh
Donnell deed execute the decree before executing the same given bond to
the Commonwealth in the sum of Five Thousand dollars with William
Donnell and Jacob Donnell, as his sureties, who are approved by the
Court conditioned for the faithful execution of of the said trust and
proper application of all moneys to be raised according to said trust
and decree Per Curiaue.
William Ross Administrator of the Estate of Hugh Donnell late of the
Township of Lower Burrell in said county deceased reports that pursuant
to the within order of Court he did at the time and place therein
mentioned (having given public and timely notice thereof in one
newspaper published in said county and also one published in the county
of Allegheny and also by hand bills affixed in ..... .. more of the most
public places in the vicinity of the said estate twenty days or more
before the day appointed therefor) expose the premises therein
described to sale by public vendue or outcry and sold the same to Jacob
Donnell of the county of Westmoreland for the sums as follows viz: the
first described property for the sum of Sixteen Hundred Dollars. And
the second described propert for the sum of Sixteen Hundred and
Fifty-dollars he being the highest and best bidder ... that the highest
prices bidden for the same and I respectfully pray that the sale so
made may be confirmed by the court.
Westmoreland County - SS William Ross
William Ross the person named in the above return bring duly sword
according to law does depose and say hat the facts set forth in the
above return sworn and subscribed before me this 1st day of February
A.D. 1887 William Ross
F. M. Johnston J.P.
Feby 12 1887 presented in open court and confirmed misi Per Curiaue.
Feby 18 1887 no exceptions having been filed sale confirmed absolute
and Admr ordered and directed to make execute and deliver to the
purchaser a deed or deeds upon his compliance with the terms and
conditions of sale. Saec. Reg.