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- {geni:about_me} http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GSln=Forney&GSfn=Joseph&GSbyrel=all&GSdyrel=all&GSob=n&GRid=65956578&df=all&:
http://forneydna.com/somerset.html
Obituary Lancaster PA Mennonite Vital Records 1750-2014, Heritage Consulting Millennium File, PA Septennial Census Elk Lick Somerset PA
Estate of Joseph Forney
The Commonwealth of Pennsylvania to the Sheriff of Somerset County. Greeting. Whereas John Forney, son of Joseph Forney, late of Elklick Township in your County yeoman deceased. Prepared a Petition to the Judges of the Orphans Court held at Somerset on the twenty fifth day of August, one thousand eight hundred and six. Setting forth that the said Joseph Forney lately died Intestate leaving a widow to wit Barbara Forney and issue seven children to wit Catharine intermarried with Christian Knagey, John Forney the said Petitioner, Elizabeth Forney, Peter Forney, Abraham Forney, Nancy Forney and Christian Forney, the two last of whom are still in their minority and that the said Intestate died seized in his demesne as of fee of and in three certain messages and tracts of Land with the appurtenances situate lying and being in Elklick Township in the County of Somerset aforesaid. And therefore praying the Court to award an Inquest to view and make partition of the premises aforesaid if the same can be so divided without prejudice to or spoiling the whole, if not, then the said Inquest to value and appraise the same and make return of their proceedings to the said Orphans Court at Somerset afor.
Whereupon it was considered by the said Court and ordered that partition thereof should be made between the said Barbara, the widow, and the said Catharine, John (the Petitioner) Elizabeth, Peter, Abraham, Nancy and Christian, allotting to each child an equal share thereof – if the same can be so divided without prejudice to or spoiling the whole – and that a Write should issue for that purpose to the Sheriff of Somerset County aforesaid commanding him that in his proper person he should go to the said Lands and premises, and in the presence of the parties aforesaid, or the Guardians of such of them as are minors (by him the said Sheriff being first Warned) if they will attend and the said several Tracts of Land and messages with the appurtenances by the oath or affirmation of twelve honest and lawful men of the County aforesaid, having respect to the true value of the said premises with the appurtenances, he should cause to be divided, between the said Widow and children of the said Intestate as nearly as can be estimated, allotting to each child an equal share (the widow having her dividend first made) by them to be held in severalty if the same could be so divided without prejudice to or spoiling the whole. But in case the said premises with the appurtenances would not admit of a division in manner a foresaid without prejudice to or spoiling the whole, then that the said Sheriff by the oaths and affirmations of the Jurors or affirmants aforesaid should diligently enquire into the true value of the whole of the said premises with the appurtenances undivided – and also whether the same would conveniently accommodate more than one of the children of the Intestate- And that the said Inquisition so openly and distinctly made under his hand and seal and the hands & seals of the said Jurors or affirmants together with the said Write he should return to the next Orphans Court after the said Inquisition was made.
Whereupon you are hereby commanded that taking along with you twelve honest and lawful men of you Bailawick you go to the said Lands and premises situate in the County of Somerset aforesaid – And there by the oaths and affirmations of the twelve men aforesaid in the presence of the parties aforesaid, or the Guardians of such of them as are minors (if any such there are) and the said Messages and Tracts of Land and premises with the appurtenances you cause to be divided and parted amongst the said widow and children, so that neither the said Barbara the widow, Catharine (intermarried with Christian Knagey) John (the Petitioner) Elizabeth, Peter, Abraham, Nancy and Christian, have more of the said Messages and premises with the appurtenances, than to them of right appertaineth. And that the said Barbara the widow, have the one third part thereof to her belonging during her natural life and the said Catharine, John, Elizabeth, Peter, Abraham, Nancy and Christian have their equal parts thereof to them respectively belonging, and may be able severally to possess themselves – if the same can be so parted and divided, without prejudice to or spoiling the whole – But if the same cannot be so divided without prejudice to or spoiling the whole, then to value the same undivided – And also to enquire whether the same will conveniently accommodate more than one of the children of the said Intestate. – And that Partition or valuation so openly and distinctly made you have before the Judges of the said Orphans Court, to be held at Somerset on the fourth Monday of November next under your hand and Seal and the hands and Seals of those by whose oaths or affirmations the same partition or valuation is made And have you then there this Write. Witness John Young Esquire President of the said Court at Somerset the twenty seventh day of August Anno Domin. 1806.
Abraham Morrison
Clk O. Court
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1744 - 1802 (58 years)
, d. 1789, Elkslick, Somerset, Pennsylvania, United States 
