Andrew Learn Decd. Upon the petition of Susanna Learn widow and relict of Susanna(sic) Learn late of said County decd. to the Court sitting faith that her said Husband lately died intestate leaving ifsue ten children five of whom are minors under the age of fourteen years and having no Guardian to take care of their persons or Estates. And praying the Court to appoint Henry Yockey a Guardian for Sally Learn and George Learn two of said minors John Waggonman a Guardian for Barbara Learn one of said minors, Christian Yockey a Guardian for Rachel Learn another of said minors and Simon Hine a Guardian for Andrew Learn the youngest of said minors. The Court appoint the said Henry Yockey, John Waggonman, Christian Yockey and Simon Hine Guardians over the persons and Estates of said minors agreeably to the prayer of the Petitioner until they respectively attain the age of fourteen years.
Andrew Learn Decd. Upon Petition of Betsy Learn and Mary Learn children of Andrew Learn late of Said County Deceased to the Court sitting faith that they are minors above the age of fourteen years and having no guardian to take care of their persons or Estates Pray the Court to appoint John Shoemaker their guardian for that Purpose. The Court appoints the said John Shoemaker Guardian over the Persons and Estates of the said minors untill they separately attain the age of twenty one years.
At an Orphans Court held at Greensburgh in and for the County of Westmoreland on the twenty first day of May in the year of our Lord one Thousand eight hundred and thirty two. Present Hon. John Young Esquire President & John Lobengeis & Thomas Pollock Esquires Afsociate Judges of the same Court.
Andrew Learn Decd. Andrew Learn came into Court and presented a petition in the following words to wit; To the Honorable Orphans Court of Westmoreland County this petition of Andrew Learn - respectfully thewith - that your Petitioners father Andrew Learn departed this life Intestate leaving ifsue ten children Viz: John, George, Catharine [intermarried with George Waugaman] now deceased [leaving ifsue john Elizabeth married to Daniel Davis, Susan, Andrew, Phillip, George Peter and Catherine] Susan married to Barney Blofs, Mary married to John Ashbaugh, Barbara married to Hamilton Morton, Rachel married to Jacob Bash, Elizabeth married to George Best Sarah married to Charles Weinell and your petitioner, that said deceased was seized and pofsefsed in fee at the time of his decease of a Tract of land lying in Washington Township in said County adjoining lands of John Bash, John Wolfort, Peter Claason and others containing one hundred and fourty four acres and allowance. He prays your honors to award an Inquest to make partition of said land to and among the legal representatives of said deceased according to Law if the same can be done without predjudice to or spoiling the whole but if such partition cannot be made then to value and appraise the same according to Law and make report of their proceedings. And he will pray etc.
Which petition being made and heard the Court award an Inquest agreeably to the prayer of the Petitioner. A Coriam. Whereupon a Writ was made out and directed to the Sheriff commanding him that taking with him twelve free honest and lawful men of this bailiwick he shall go to and upon the premises aforesaid and there by their oath or solemn affirmation that he shall make partition thereof to and among the children and heirs of the said Intestate in such manner and in such proportion as by the Laws of this Commonwealth is directed, if such partition can be made without predjudice to or spoiling the whole thereof. But if such partition thereof cannot be made as aforesaid that then he shall value and appraise the same according to Law. And further that he shall cause the said Inquest to enquire and ascertain whether the said Real Estate with the appurtenances will conveniently accomodate more than one of the children of the said Intestate and if so how many of the said children it will conveniently accomodate. That due notice of the time of making such partition or valuation be given to all the parties interested and that he shall make return of his proceedings therin to our next Orphans Court to be held at Greensburgh for said County by the third Monday in August next under his hand and seal and the hands and seals of those by whose oath or affirmation he shall make the partition or valuation together with this Writ. -- At which time Samuael L. Carpenter Esquire High Sheriff of said County made return to said Writ as follows: "To the Judges within named I do Certify that by virtue of the within writ to me directed having first duly warned the parties I took with me twelve free honest and lawful men of my bailiwick and went to the lands and premises therein mentioned and there by their oaths finding the same could not be parted and divided to and among the parties in the said Writ named without predjudice to and spoiling of the whole have valued and appraised the same as by the within writ I am commanded as by the schedule hereunto annexed appears" So answers
Inquisition indented and taken at the dwelling house late of Andrew Learn deceased in the Township of Washington in the County of Westmoreland and State of Pennsylvania on the first day of August in the year of our Lord one thousand eight hundred thirty two Before Samuel L. Carpenter Esquire High Sheriff of the said County of Westmoreland by virtue of a Writ of Partition or valuation to him directed and to the Inquisition annexed by the oaths of John Bash Peter Clawson, John Kline, Michael Kunkle, Anthony Cyphort, Jacob Kline, David Carnahan, Christian Yockey, John Wolford, Peter Uncapher, Jacob Imellyer and I. George Foy 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 and tenements of which Andrew Learn in the said Westmoreland deed seized and Then and There _______ that the same lands and tenements could not be parted and divided to and among all the children in the said Writ named without predjudice to or spoiling of the whole thereof: And therefore the Inquest aforesaid on their oaths aforesaid have valued and appraised the same at the sum of four dollars lawful money of the United States for each and every acre thereof at and for which sum of four dollars lawful money aforesaid the Inquest aforesaid upon their oaths aforesaid do value and appraise the same. In testimony whereof as well the said Sheriff as the Inquest aforesaid have to the Inquisition interchangeably set their hands and seals Dated the day and year above written.
Same day, to wit August 20, 1832. Inquisition confirmed and on motion of the barclay rule on the heirs & legal representatives of the said deceased to appear on the first day of next term and accept or refuse the said real Estate at the valuation of the Inquest holder thereon or shew cause why the same should not be sold.
October 8th 1832. Exit Copy of Rule to the Barclay
At an Orphans Court held at Greenburgh in and for Westmoreland County on the 19th day of November A.D. 1832.
Andrew Learn & George Learn two of the children of Andrew Learn Decd. came into Court this day & requested that the lands and Real Estate of said deceased mentioned in the order of this Court for the purpose of making partition or valuation of the same should be afsigned to them as their property at the valuation of the same as made by the said Inquest and agreed to pay the same on the manner and proportions required by law in one year from this date with interest on the several shares of their brothers and sisters from this date. And it appearing to the Court from the affidavit of George Learn that John Learn the eldest son of said deceased declared he would not take said land at the valuation or have any thing to do with it. Whereupon it is ordered by the Court that upon payment of the several shares prescribed by Law in one year from this date to the other children of their father Andrew Learn deceased or their representatives with Interest from the date all eight of their brothers and sisters or their representatives be forever barred and cease and the lands in the said order mentioned to wit a tract of land lying in Washington Township in said County adjoining lands of John Bash John Wolfort Peter Clafson & others containing One hundred & fourty four acres and allowance with the appurtenances be the sole property of the said Andrew Learn and George Learn as fully and for such Estate as their father the said Andrew Learn decd. in his lifetime held the same. Jacob Bash and Michael Bash being offered as security are approved by the Court.
The said Andrew Learn George Learn, Jacob Bash, & Michael Bash jointly and severally acknowledge themselves owe & stand indebted to John Learn, Barney Blofs & Susan his wife in right of said Susan, John Ashbaugh & Mary his Wife in right of said Mary: Hamilton Morton & Barbara his Wife in right of said Barbara, Jacob Bash and Rachael his Wife in right of said Rachael, George Best and Elizabeth his wife in right of said Elizabeth, Charles Weinell & Sarah his Wife in right of said Sarah, and the heirs and representatives of Catherine Waugaman formerly Learn now deceased in the sum of eleven hundred and fifty two dollars for their respective interest in the same. On condition that if the above named Andrew Learn and George Learn shall well and faithfully in all things perform and comply with the terms of the above written order then this recognizance to be said otherwise in force.
And now to wit August 25th AD 1843. The release of all the Heirs and Legal Representatives of Andrew Learn Decd. together with the Deed of the same duly executed to Andrew Learn & George Learn for all their interest in the foregoing Real Estate mentioned and discharging the foregoing Recognizance Filed being the same Deed and Release Recorded in the Recorders Office in Book N3 of Page 9 & 10 as per Certificates on the Deed & Release. Filed August 23d 1843.