| Submitter: | Jeff Rinscheid |
| Subject: | Petition for Partition of Samuel TATE's Estate, 1849 |
| Message: | [Editor?s note: Samuel Robert Tate,
1763-1847, wrote a complex will with five codicils
thereto. Subsequent to his death, starting by October
1849, there were several court proceedings over the 64
parcels of land left by Samuel Tate.
It is unclear to the editor how the petitioners voided
the will of Samuel Tate in
order to request the subsequent action? The following is
the beginning of the first of those filings. I have put a
list in where the children are enumerated for clarity ?
it was longhand in the original document] Samuel Tate Estate, Request for Partition To the Honourable the Judges of the Orphans Court of the County of Bedford; The petition of Joseph W. Tate, one of the Children and heirs of Samuel Tate, late of Bloody Run, and said County decd respectfully represents: That the said Samuel Tate, lately decd leaving him surviving: - his wife Jane M. Tate, and issue following, to wit: - Nancy, intermarried with James Black, now deceased, residing in Bloody Run in Said County. - The children and heirs of John Tate, deceased, to wit: John Tate of Rock Island, Illinois, William Tate of Rushville, Indiana, Nancy Tate of St. Louis, Missouri, Samuel Tate of Rock Island, Illinois, and Alexander Tate of Bedford County, Pennsylvania. - Elizabeth, intermarried with Dr. Samuel Tate of Fort Hemp, Cherokee County, North Carolina - The children and heirs of Wm Tate, late of said County of Bedford, deceased, to wit: Victoria Tate, Joseph A. Tate, and Virginia Tate, being yet in their minority. - David C. Tate of Bloody Run, in said County of Bedford - Mary, intermarried with Israel Baird of Bunecombe County, Nort Carolina - Susan intermarried with David Tate now deceased, of Bloody Run, in said County - The children and heirs of Alexander B. Tate, late of said County of Bedford, to wit: Susan Elizabeth Tate, a minor, whose guardian is John MOWER, Esq, Samuel Tate, and George H. Tate, also minors. - Jane C.H. Tate, intermarried with Dr. James H. Tate, or Bloody Run, in said County. - Joseph W. Tate, your petitioner, residing in Bloody Run, Bedford County. - And Samuel H. Tate, Esq, of the Borough and County of Bedford. That the said Samuel Tate died, seized in his demise as of for, of, and in the following described real estate, to wit: No. 1 One lot of ground situate in the town of Bloody Run, in said County, with a front of eighty feet on the main street of said town and extending 140 feet back on which is erected a two story frame dwelling house, now occupied by widow Tate and a frame office. No. 2 One other lot of ground, situate in said town of Bloody Run, having a frame dwelling house and shop, thereon erected and in the occupancy of Samuel BELFORD, Esq. No. 3 One other lot of ground, situate in said town of Bloody Run, on which is erected one two story frame dwelling house, now occupied by Mrs. MURRAY, and a stable. No. 4 One other lot ground situate in said town of Bloody Run, on which is erected a one story frame dwelling housed now occupied by Mrs. SPEIDLE(?) No. 5 One tract of land, situate in West Providence Township in said County, call the ?Bloody Run Tract? on which is erected three dwelling houses and necessary outhouses, including a blacksmith shop and wagonmaker shop, containing forty acres, all cleared, and under fence. No. 6 One other tract of land, situate in said township of West Providence, called the ?Meeting House? tract, containing about 49 ½ acres nearly all cleared and under fence, with a log dwelling house and stable thereon erected. No. 7 One other tract of land, situate in the above township, called the ?Gunbarrel tract? containing 94 acres more or less, with ten acres cleared and under fence. No. 8 Another tract of land situated in the above township, called the ?Buzzard tract?, containing forty four acres, more or less, seven acres cleared and under fence, with three log dwelling houses thereon erected. No. 9 One other tract of land, situate in the above township, called the ?Ore bank tract? containing two hundred and twenty one acres, more or less, sixty acres cleared and under fence, with three houses thereon erected No. 10 One other tract of land, situate in the above township, in the name of William PAXTON, containing one hundred and ten acres, more or less, thirty acres cleared, with a log dwelling house thereone erected, No. 11. One other tract of land, situate in the above township, in the name of Charles SPARKS, containing seventy five acres, more or less, with fifteen acres cleared and under fence. No. 12. One other tract of land, situate in the above township, called the ?Leader tract?, containing one hundred and ten acres, more or less, with fifty acres cleared and under fence, with two log cabins and a stable thereon erected. No. 13. One other tract of land, situate in the above township, called the ?Warrior Ridge tract?, containing two hundred and eighty three acres of unimproved land. No. 14. One other tract of land, situate in Hopewell Township, called the ?Chamberlain tract?, containing two hundred and ninety three acres, more or less, about twenty five acres cleared and under fence, with a dwelling house and stable thereon erected. No. 15. One other tract of land, situate in Hopewell Township, in said County, called the ?Powder Mill tract?, containing three hundred and ninety five acres, more or less, about two acres cleared and under fence, with a welling house, saw mill, and stable thereon erected. No. 16. One other tract of unimproved land, situate in Providence Township, in said County, surveyed on a warrant in the name of Joseph DILWORTH, containing four hundred and twenty four and a half acres, more or less. No. 17. One other tract of unimproved land, situate in Providence Township, in said County, surveyed on warrant in the name of Charles DILWORTH containing four hundred and three acres, more or less. No. 18. One other tract of unimproved land, situate in Providence township, surveyed on warrant in the name of Thomas LOGAN, containing one hundred and two acres, more or less. No. 19. One other tract of unimproved land, situate in Providence township, surveyed on warrant in the name of Nicholas HAMMOND, containing two hundred and two acres, more or less. No. 20. One other tract of unimproved land, situate in said township of Providence, surveyed in warrant in the name of Alexander IRWIN, containing fifteen acres, more or less. No. 21. One other tract of unimproved land, situate in said township of Providence, surveyed on warrant in the name of John HAMMER, containing four hundred and sever acres, more or less. No. 22 One other tract of land, called ?Hog Back tract?, situate in said township of Providence, containing one hundred and seventy five acres, more or less, about 90 acres cleared and under fence, with a log dwelling house, and logbarn thereon erected. No. 23. One other tract of land, situate in East Providence Township, in said County, surveyed in the name of Benjamin MARTIN, containing two hundred and two acres, more or less, about one hundred acres cleared and under fence, with a Tavern House, a log dwelling house, a stone house, a barn, a stable, a blacksmith shop and wagonmaker shop thereon erected. No. 24. One other tract of unimproved land, situate in said East Providence Township, surveyed in the name of Charles WILLIAMS containing forty acres, more or less. No. 25. One other tract of unimproved land, situate in said township of East Providence, called the ?Enslow tract?, containing two hundred and thirty one acres, more or less. No. 26. One other tract of unimproved land situate in said township of East Providence, surveyed on warrant in the name of Thomas LOGAN, containing four hundred and one acres, more or less. No. 27. One other tract of unimproved land situate in said township of East Providence, surveyed on warrant in the name of John JONES, containing three hundred and thirty acres, more or less. No. 28. One other tract of unimproved land situate in said township of East Providence, surveyed on warrant in the name of Robert MORRIS, containing three hundred acres, more or less, thirty acres being cleared. No. 29. One other tract of unimproved land situate in said township of East Providence, surveyed on warrant in the name of Isaac CAVIN, containing four hundred acres, more or less. No. 30. One other tract of unimproved land situate in said township of East Providence, surveyed on warrant in the name of John CAVIN, containing four hundred and six acres, more or less. No. 31. One other tract of unimproved land situate in said township of Broadtop, in said county, surveyed on warrant in the name of Margaret CAVIN, containing four hundred acres, more or less. No. 32. One other tract of unimproved land situate in said township of Broadtop, surveyed on warrant in the name of Heinrich CAVIN, containing four hundred and two acres, more or less. No. 33. One other tract of unimproved land situate in said township of Broadtop, surveyed on warrant in the name of William RICHARDS, containing four hundred acres, more or less. No. 34. One other tract of unimproved land situate in said township of Broadtop, surveyed on warrant in the name of Samuel RICHARDS, containing four hundred acres, more or less. No. 35. One other tract of unimproved land situate in said township of Broadtop, surveyed on warrant in the name of Isaac RICHARDS, containing four hundred acres, more or less. No. 36. One other tract of land, situate in Hopewell Township, in said County, surveyed on warrant, in the name of James DILWORTH, containing four hundred and forty three acres, more or less, ten acres cleared and under fence. No. 37. One other tract of unimproved land, situate in said township of Hopewell, surveyed in warrant in the name of John CAVIN, containing one hundred and thirty five acres, more or less. No. 38. One other tract of land, situate in the township of Dublin, in said County, surveyed in the name of Thomas DILWORTH, containing four hundred and seven acres, about fifteen acres thereof being cleared, with a log cabin thereon erected. No. 39. One other tract of unimproved land, situate in said township of Dublin, surveyed in the name of Joseph GALBRAITH, containing four hundred acres, more or less. No. 40. One other tract of unimproved, situate in said township of Dublin, surveyed on warrant in the name of Charles DILWORTH, containing four hundred acres, more or less. Your petitioners therefore pray that your Honours award an inquest, to make partition of the premises aforesaid, to and among the said parties interested therein, in such manner and in such proportions, 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, thn to value and appraise the same, and make return of their proceedings according to law. And as in duty bound. Oct 10, 1849 W.P. SCHELL, Atty for J.W. Tate Writ of Partition Awarded ? October 10th, 1849. The foregoing petition read and filed, and on Motion of W. P. SCHELL, Esq. Inquest awarded, personal notice to the heirs in the state, and to the heirs outside the state notice to be published in one newspaper published in Bedford, for four weeks. Issued?by the Court. [Editors note: sheriff acted and came back in the following in December, 1849] Inquisition: I, Andrew SHIVELY, High Sheriff of the County of Bedford, to the Judges in the court to his Schedule annexed, named at this time and follow in the same writ mentioned, do certify that by virtue of the said writ, in my proper person on the fourth, fifth and sixth days of December, A.D. eighteen hundred and forty nine, taking with me John G. HARTLEY, William CHENOWETH, William STATES, John MCILWAINE(?), Charles WEICHT, John COCKLEY, James BELFORD, Jesse GROVE, William RADEBAUGH, Thomas RICHEY, Henry CHAMBERLAIN, Michael REED, twelve free, honest and lawful men of my bailiwick and I went to and upon the premises in said writ specified, and then and there in the presence of as many of the parties as chose to be present after being warned by me, by the oaths and affirmations of the honest and lawful men aforesaid, did find that the said lands and tenements in the said writ described with their appurtenances, could not be parted and divided according to the command of said writ, without prejudice to or spoiling the whole thereof. And the inquest of aforesaid, upon their oaths and affirmations aforesaid did then and there further find that the said lands and tenements, with their appurtenances, would most advantageously be divided into the following numbered and described purports, and that they have valued and appraised the same as process after-mentioned, to wit: No. 1? [Editors note: and then the return went on to describe breaking the 40 parcels previously mentioned into 64 parcels. The court certified the return on March 19, 1850. Then, the May, 1853 term of the court a subsequent petition for partition was litigated, as one tract ? the so-called ?John CULBERTSON tract? of 285 acres ? was omitted from the previous petition. As a result, on April 15, 1853, high sheriff John ALSIP took with him another set of men, namely Jesse GROVE, John D. SCHOOLY?, James BELFORD, Thomas MORRISSEY?, Jacob H. BARNDOLLAR, Jacob BARNDOLLAR, Samuel BENDER, Nicholas PECK, James H. BARNDOLLAR, William MASTERS?, Jacob BARNDOLLAR, Sr., and Michael MOWRY, who did the same with this tract of land.] |
For Genealogy Research only
June 2002