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
