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Sunday, August 21, 2011

Drusilla Bukey Last Will

I Drusilla Bukey of the County of Wood and State of Virginia being of sound mind and disposing memory do make and constitute this my last will and Testament hereby revoking any and all former Wills or codicils by me made in manner following towit.

I will and bequeath unto my Daughter Elizabeth all my personal property of whatever kind or description including all money on hand or owing to me. I also will to my said Daughter Elizabeth the control and rents and profits of my home farm during the life of my son Isaac and two years after His death provided she survives him.
It is my Will that my Daughter Elizabeth have the control, rents, and profits of the part of my farm herein after devised to my son Isaac, during his life, and in case she survives him, said land to go to her, Elizabeth , her heirs in fee simple forever- in that event giving to my Daughter Elizabeth the right of selling or willing the same as she may think proper.
If my son Isaac survives my daughter Elizabeth, it is my wish that my daughter Mary Hedge shall take him and maintain and support him during his life, and she or whoever takes care of and supports him shall have the control and rents and profits of the part of my farm gerein after devised to my said son Isaac: and if the rents and profits of said land shall not be sufficient to pay said Mary, or whoever takes  care of and supports said Isaac, a reasonable compensation per annum then said Isaac's land shall be valued by three discreet and disinterested men, and the annual rents of said land shall also  be valued, then to my said daughter Mary, or whoever takes care of and supports said Isaac, may take said land at the valuation as aforesaid, if he or she thinks proper, and after allowing said Isaac for the assessed value as annual rent for his land, whatever excess over above the rents of his land it requires to support said Isaac shall be applied each year as a payment for his land aforesaid, and if the debt against said Isaac for his support at his death shall not be sufficient to pay for all his land, then the person supporting and taking care of him may take so much of his land at the aforesaid assessed value as will pay the debt against said Isaac for his support, and no more, if he or she thinks proper.
If the person who maintains and supports said Isaacshall choose to take said Isaac's land, they shall execute their, or his or her bonds to my Executor herein named to be paid annually as aforesaid as long as said Isaac lives, and if at his death there is a balance due and unpaid, then that balance I will to my Daughter Elizabeth, her heirs or devisees, to be paid over to her or heirs or devisees in one year after said Isaac death.
If however the person so supporting said Isaac should not, at his death, have a debt against him sufficiently large to pay for the whole of his land and shall choose to take so much of said land only as their debt against him for his support will pay, then in that event I will my daughter Elizabeth, her heirs or Devisees the residue or balance of said Isaac land in fee simple to be sold or disposed of as she may think proper, by Will or otherwise. If my daughter Elizabeth survives my son Isaac, two years after said Isaac's death, I will that my land be divided into lots of equal value among my children and Grand children, the Grand children taking such part only as the father or mother under this will, if living, would be entitled to. I will that my daughter Elizabeth's part of my land be laid off  ?? to embrace the Homestead or Mansion House on said farm with the adjoining buildings, charging her nothing for said buildings, and giving her full authority at anytime after my death, whether a division of my farm has been made or not, to sell or will her part of said land herein devised to her. I wish my son Isaac's share of said land, and the share of my Grand children. the children of my daughter Susan late Susan McKinney to be laid off adjoining to my said daughter Elizabeth lot. If my son Isaac survives my daughter Elizabeth, I wish my farm divided as aforesaid as soon as possible.
I desire my daughter Elizabeth to take care of and comfortably support and maintain said Isaac and pay all just debts against my estate. I hereby appoint my daughter Elizabeth T. Bukey my true and lawful Executrix to this my last Will and Testament.
In Testimoney whereof I have hereunto set my hand and affixed my seal this 10th day of August 1850.
Drusilla Bukey (seal)
acknowledged in presence of
A. L. Kinnaird
A. S. Marshall
David J. Hazlerigg
Codicil
I Drusilla Bukey hereby constitute & make this codicil to this my last will. That is to say, I will and give to my daughter Elizabeth T. for and during the period of her naturaql life the entire and whole of the rents, use and possession of this my home farm, and I hereby order that the division of my estate which would have taken place by the other provisions of this my Will shall not be made during the natural life of my Daughter Elizabeth T. & that her rights and interests & duties shall be & continue the same as they are designated and set out in the former part of my will, except as it is provided for in this codicil.
Drusilla Bukey (seal)
Wood County, Va
Feb. 13th, 1854
Attest
A. L. Kinnaird
David J. Hazlerigg
A. S. Marshall

At a Court held for Wood County at the Court House thereof on the 15th day of May1854 this last Will and Testament of Drusilla Bukey dec'd with the codicil thereto annexed (?) was this day presented in Court and proven by the oaths of David I. Hazlerigg & A. S. Marshall, two of the subscribing witnesses thereto and ordered to be recorder.
Teste  H. H. Dils  cwl










Hesekiah Bukey

Birth: Apr. 25, 1770
Death: Dec. 31, 1827


Drusilla Tomlinson Bukey

Birth: Apr. 17, 1777
Death: Feb. 22, 1854


Betty Elisabeth Bukey
(Elizabeth Tomlinson Bukey)

Birth: Aug. 27, 1800
Death: Dec. 1, 1886

Cause of Death: Old Age

Isaac Bukey

Birth: unknown
Death: Jun. 23, 1857

s/o H & D
Age: 45
Grave moved from the Bukey Cemetery in 1964 by the state because of I-77 construction.
(WV vitals list death as July 29, 1857, Age: 44)
Cause of Death: Scroffula (tuberculosis)

All burials are in Riverview Cemetery, Williamstown, Wood County, WV

Sunday, August 14, 2011

Joseph Tomlinson Family

Joseph Tomlinson Family
(click on the above link for more on Joseph Tomlinson's family).


Joseph Tomlinson founded Elizabethtown, now known as Moundsville, WV.  He named it after his wife, Elizabeth Hartness.

Joseph and Elizabeth had a daughter named Druzilla (b. April 17, 1777) who married Hezekiah Bukey.  (I have a copy of Druzilla's will filed in Wood Co.,  WV).

Hezekiah and Druzilla had a daughter named Lucinda (b. 1798) who married John Stewart (b. 1802). (My gg grandparents).

John and Lucinda Stewart were the parents of William  Harry Stewart and Drusilla Stewart (m. Alexander May).

William Harry Stewart married Anna Maderia.

William and Anna Stewart had 2 children: William Harry Jr. and Sophia Gertrude Stewart (m. James Wiegmann).

William Harry Stewart Jr. (b. 1898) married Mary Ethel Masters (b. 1901) and they had 5 children: Andrea Delorus, William Harry III, Kenneth Eugene, Darleen Hope, and Paul Masters Stewart.

Darleen Hope (b. July 22, 1926) married Herbert Cracraft Miller Jr (b. Sept. 5, 1926) and they had 5 children: Kathryn Louise, Richard Edmond, Marjory Joanne, Barbara Eileen, and Kenneth Leslie Miller.

A brief family history....  :o)

Friday, August 5, 2011

1910 Census Greene County

In 1910 Census, Perry Township, Greene County, PA there is a Morgan B. Wade, Age 69. Wife Sarah C. Wade, Age 53, Child Goldie Wade, Age 19, Child Oscar F. Wade, Age 12, Child Oliver Wade, Age 27, a Florence Wade, Age 23, and Inis Wade, Age 3. I'm assuming Florence and Inis are Oliver's wife and daughter.

1880 Census, Perry Township, Greene County, PA
Morgan Wade  Self, 39, Farmer
Sarah J. Wade. Daughter, 12
William Wade, Son, 9
Leroy Wade, Son, 7
Temperance Wade, Daughter, 5

Assuming this is the right Morgan Wade, and the ages match for Morgan and Sarah, I'm guessing Sarah, along with the two youngest children (at that time), was visiting with her father when the census taker came around in 1880.

The James Masters and Samuel Masters households in Springhill Township are my ggg grandfather and gg grandfather respectively. Nancy J. Masters, I think is Samuel's daughter and if I'm not mistaken, she married an Anderson. I'll have to research that again to confirm it.

Masters in Greene County, PA 1880 Census

Taking a break from the Lycoming County court documents to do a little research on my own family tree. After finding a mutual interest in the Civil War with a co-worker, I've gotten the bug to start digging again and see if I can find any new information. So I am starting with a list of the surname MASTERS in Greene Co., PA where my grandmother grew up.







MASTERS in Greene Co., PA 1880 Census
Perry Township

Daniel Masters, Self, 54, Farmer
George A. Masters, Son, 21, Farming
Thomas E. Masters, Son, 18, Farm Laborer
Nancy E. Masters, Daughter, 18, Housekeeping
Sarah C. Wade, Daughter, 24
George H. Wade, Grandson, 2
Minnie Wade, Granddaughter, 9M

(Sarah C. Wade is listed as married...wondering where her husband was?)

James L. Masters, Self, 26, Boot and Shoemaking
Sindrilla Masters, Wife, 23, Keeping House
James E. Masters, Son, 4
Emma J. Masters, Daughter, 2

William O. Masters, Self, 35, Farmer
Louisa J. Masters, Wife, 31, Keeping House
Amy C. Masters, Daughter, 11
Alvaretty Masters, Daughter, 8
Depsy E. Masters, Son, 5

John Masters, Self, 58, Farmer
Mary Masters, Wife, 58, Keeping House
Manerva Masters, Daughter, 25
Nicholas Masters, Son, 20, Farm Laborer
Mary M. Masters, Granddaughter, 6

Wayne Township

James Masters, Self, 24, Farmer
Elizabeth Masters, Wife, 24, Keeping House
Francis M. Masters, Daughter, 7M

Alexander Masters, Self, 44, Farmer
Mary Jane Masters, Wife, 26, Keeping House
Nancy Elis Masters, Daughter, 17
Mary Elen Masters, Daughter, 13
Wilmeta A. Masters, Daughter, 9
Tompson Masters, Son, 4
Adda C. Masters, Daughter, 2
Wm A. Masters, Son, 22
Henry Spence Masters, Son, 9M
Wm A. Hartley, Other, 17, Laborer

John L. Masters, Self, 21, Farmer
Joanna Masters, Wife, 20, Keeping House

Alexander Masters, Self, 24, Farmer
Louisa Masters, Wife, 25, Keeping House
Rufus G. Masters, Son, 1M
Fanna Masters, Daughter, 6M
Greene Township

James Masters, Other, 23, Servant
(In the household of Andrew Lantz)

Morris Masters, Self, 50, Farmer
Louisa Masters, Wife, 45, Keeping House
Benjamin Masters, Son, 25, Farmer
Reason Masters, Son, 20, Farm Laborer
Mary M. Masters, Daughter, 15
Louenza Masters, Daughter, 12
Emma J. Masters, Daughter, 10
Loucrecia Masters, Daughter, 6

Mary Masters, Other, 18, Servant
(In the household of Owen McClure)

Dunkard Township

Aaron Masters, Self, 24, Laborer
Candacy Masters, Wife, 26, Keeping House
M.B. Masters, Daughter, 4

Gideon Masters, Self, 50, Farm Laborer
Sarah Masters, Wife, 50, Keeping House
N.A. Masters, Daughter, 20
Mary Masters, Daughter, 18
John E. Masters, Son, 15
Delphine Masters, Daughter, 12

Springhill Township

James Masters, Self, 79, Farmer
Mary Masters, Wife, 74, Keeping House
Mary Masters, Granddaughter, 12

Nancy J. Masters, Other, 18, Servant
(In the household of John T. Moore)

Samuel Masters, Self, 52, Farmer
Phebe Masters, Wife, 50, Keeping House
George W. Masters, Son, 21, Farm Laborer
Mathew Masters, Son, 15, Farm Laborer
Samuel Masters, Son, 12, Farm Laborer
Jane Masters, Daughter, 10
Lucy Masters, Daughter, 8




Thursday, August 4, 2011

Peter Lush vs. Thomas Lundy, Part 8

No 180 June Term 1887

Peter Lush
vs
Thomas Lundy

And now Sept. 15, 1888 motion
in arrest of judgement denied and
new trial refused.

By the Court
Hugh H. Cummin
P.J.
(President Judge)

Peter Lush vs Thomas Lundy, Part 7

Peter Lush
vs
Thomas Lundy

In the Court of Common Pleas
of Lycoming County
No 180 June Term 1887

Plffs Bill of Costs

Peter Lush supoening & witnesses                   2.25
??  ??              Vols            30 (ms cir?)                     2.90         
David Albert         "               "                                 2.90        
Thomas Albert       "            "                           2.90
Jacob Swartz           "             "                         2.90
Amos Swartz             "               "                     2.90
Anthony Ely              "        28  "                      2.84
Wm Ely                "               30     "                  2.90
                                                                         22.49

Lycoming County SS:

Personally appeared Peter Lush who being duly sworn according to law deposes and says that the above bill of costs is just and correct to the best of his knowledgeand belief.

(signed) Peter Lush

Sworn  and subscribed before me this 13th day of Oct. AD 1887
Geo. W. Gilman
Clerk of Court


Peter Lush vs. Thomas Lundy, Part 6

Peter Lush
vs.
Thomas Lundy

In the Court of Common Pleas
of Lycoming County
No 180 June Term 1887

Plaintiff moves in arrest of Judgement
and for a new trial for the following reasons

First - Because the verdict is against the
wright of the evidence -

Second - Because the Court erred in excluding
the evidence offered to show the cost of removing
the slab pile and rubbish

Third - Because the Court erred in
excluding the evidence of the cost of
removing the buildings

Fourth - Because the Court erred in their
charge to the jury in their instruction
as to the measure of damages

Fifth - Because the Charge of the Court
was misleading in that it would convey
the impression to the minds of the jurors
that they should not consider in estimating
the damages the risk to buildings from fire.

Sisth - The Court erred in not charging
the jury that the measure of damages was
the actual cost of restoring the property
when defendant left it to the same
condidtion it was in when he took
possession of it under the lease.

JJ & VH Metzger
Attys for Plff



Peter Lush vs. Thomas Lundy, Part 5

No 180 June Term 1887

Peter Losh
(misspelled on this document)
vs
Thomas Lundy

Plffs Points

If the jury believe from the evidence that by reason of the closeness of the pile of slabs & rubbish to the dwelling house and other buildings the risk of them being burned is so great as to render them unsafe for occupancy by a prudent man and that this risk and danger affects the market value of the property the plaintiff is entitled to the amount which the market value of the property is affected entirely in addition to any other damages they may find for loss of land or any other injury resulting from the pile of slab & rubbish which affects its value.

Plffs Points
Filed Oct. 13, 1887

Peter Lush vs Thomas Lundy, Part 4

No. 180, June Term 1887

Peter Lush
vs.
Thomas Lundy

Counsel for the Defendant respectfully requests the Court to charge the jury as follows:

         First.   It having been proven on the part of the plaintiff that the premises were leased for saw mill purposes, and there being no specific provision in the lease as to the removal of offul, the leaving of slabs and saw-dust upon the premises by the tenant at the expiration of his tenancy, does not constitute a breach of any covenant contained in the lease. 

         Second.   That the evidence in this case upon the part of the plaintiff does not prove a breach of the covenant upon the part of the defendant that he was to leave the premises in as good condition as they were at the date of the lease, reasonable wear and tear and accidents by fire excepted.

         Third.   That for a breach of the covenant to leave the premises in as good condition &c., the measure of damages is the amount by which the value of the of the reversion is decreased by the failure to perform, and not the amount required to repair and put in good condition.

         Fourth.   That in considering the damage sustained, if any, by reason of the alleged breach of the covenant contained in the lease, the jury should consider whether or not the market value of the premises has been affected and how much, but they must not assume either that the slab piles or saw-dust will burn, or if they do burn, that the plaintiff, as owner of the premises, would be responsible for possible damages done to other property.

         Fifth.   That under all the evidence in this case the verdict shall be for the defendant.

(signed) H.C. McCormick
Atty for Deft.
Oct. 13, 1887


Deft Points
Filed: Oct. 13, 1887




       

Peter Lush vs. Thomas Lundy, Part 3

 Peter Lush
vs.
Thomas Lundy

In the Court of Common Pleas of Lycoming County
No           June Term 1887

Issue Summons in Covenant (?) returnable the 4th, Monday, of April AD 1887.
Damages not exceeding five thousand dollars.
JJ & VH Metzger
Attys for Plff
April 4th, 1887

To John L. Guinter Esq
Prothy

Lycoming County SS:
Personally appeared Peter Lush who being duly sworn according to law did depose and say that the claims of the plaintiff in above case exceeds the Sum of one hundred dollars over and above all set off.
(signed) Peter Lush
Sworn & subscribed
this 4th day of April 1887
(signed)John L Guinter
Prothy
(Filed April 4, 1887)

Peter Lush vs. Thomas Lundy, Part 2

No. 180 June Term 1887

Peter Lush
vs.
Thomas Lundy

And now April 5, 1887 we appear
for Defendant resuming all exceptions.

H.C. & S.T. McCormick
Attys for Deft,
Apl 5, 1887
To J.L. Guinter
Prothonotary

(Filed April 5, 1887)

No. 180 June Term 1887

Peter Lush
vs.
Thomas Lundy

And now July 7, 1887 Deft pleads
non assumpsit and payment.

H.C. & S.T. McCormick
Attys for Deft.

To J.L. Guinter
Prothonotary

(Filed July 7, 1887)



Non Assumpsit is a Latin tern which means he did not undertake. It is an archaic pleading form of a general denial in an action of assumpsit. It is a form of pleading in which the defendant claims that s/he did not undertake or promise any obligation in the manner or form set forth in the plaintiff's complaint.
Under this plea almost every matter may be given in evidence, on the ground that as the action is founded on the contract, and the injury is the nonperformance of it, evidence which disaffirms the obligation of the contract at the time when the action was commenced goes to the gist of the action.

Wednesday, August 3, 2011

Peter Lush vs. Thomas Lundy, Part 1

No. 180 June Term, 1887

Summons

Peter Lush
vs
Thomas Lundy

J. J & V. H. Metzger

Lycoming County, SS:

The Commonwealth of Pennsylvania to the Sheriff of Lycoming County, Greeting:

You are hearby commanded that you Summon

Thomas Lundy

to be and appear before the Judge of our COURT OF COMMON PLEAS to be holden at the City of Williamsport, in and for said County, on the 25th day of April A.D., one thousand eight hundred and eighty seven to answer

Peter Lush

on a plea of Covenant Damages not exceeding Five Thousand dollars damages.

And have you then and there this writ. Hereof fail not.

WITNESS, the Hon.Hugh H. Cummin, President Judge of our said Court, at the City of Williamsport, the 4th day of April in the year of our Lord one thousand eight hundred and eighty seven.

{signed} John L. Guinter
Prothonotary

*April 5, 1887  Served on Thomas Lundy personally
by producing to him the original Summons and
 making known to him the contents and handing
him a true and attested copy.
So ans. James M. Wolf Sheriff
per Simon Yeager Deputy.

Monday, August 1, 2011

HISTORICAL SKETCHES of the Bench and Bar of Lycoming County, Pennsylvania

Historical Sketches of the Bench and Bar of Lycoming County, Pennsylvania

I found this website which mentions some of the names in the previous posts, namely Hugh H. Cummin, John J. Metzger, William W. Hart, and John B. Emery. Interesting reading. Just click on the Table of Contents link and scroll down to find the above names. I'm not sure John B. Emery is in the Table of Contents, but he is mentioned in one or two of the biographies.

Alexander McPhee vs J. B. Emery

No. 568 March T. 1887

Alexander McPhee
vs
J. B. Emery doing business as J. B. Emery & Co.

Plaintiff's bill of particulars

Balance for work & labor done during months of November and december, 1885

For which the following orders were given
(1)                                                                                                               Dec. 21, 1885
J. B. Emery
                     Pay to Alex McPhee on order Twenty five dollars.
$25.00                                                                          Henry Yoder Agt

(2)                                                                                                              March 16, 1886
J. B. Emery         \
                    Pay Alex McPhee Nine dollars and forty-seven cts in full
$9.47                                                                            Henry Yoder Agt

which order was given for above work in pursuance of an agreement between J. B. Emery and Co defendant and Henry Yoder who was stacking logs for said deft. The arrangement between said Yoder and said Deft was that said Yoder was to employ the men and deft was to pay them upon orders given them by said Yoder drawn on said defendant.

That this arrangement was by said Yoder communicated to the plaintiff in this case before said work was done for which this action is brought and the plaintiff did the work upon the faith and credit of receiving his pay from the defendant.

Also that said defendant promised plaintiff to pay for said work.

Also that the above orders were presented to said defendant before suit brought and payment demanded.
Wm  W Hart
Jn J Metzger
Attys for Plff

Mary Rorick vs. Charles E. Rorick

No. 82, June Term 1887
In Divorce
Mary Rorick, by her next friend O.T. Wynn
vs.
Charles E. Rorick

And now, July 16, 1887, it appearing from the return of the subpoena issued in above entitled case, duly sworn to by the Sheriff of Lycoming County, that the defendant cannot be found in his bailiwick, on motion of Counsel for plaintiff an alias subpoena is awarded, returnable the first day of next Term.

{signed} By the Court
Hugh H. Cummin

Bailiwick : n.
1. (Law) Law the area over which a bailiff has jurisdiction
2. a person's special field of interest, authority, or skill

Alias subpoena: One issued after the first has been returned without having accomplished its purpose.

1880 Census: Washington, Lycoming County, PA

Name                Relation  Mar. Stat.  Gender Race Age  Birthplace    Occ.            Father   Mother
Charles Welsh  Self           M               Male      W     29       Penn  Works in Sawmill  Penn  Penn 
Sarah Welsh     Wife          M               Female   W    35         NY     Keeping House    NY    NY
Estella Welsh   Dau            S                Female   W    5         Penn                                 Penn  NY
Laura Welsh     Dau            S                Female   W    4          Penn                                Penn   NY
Mary Welsh     Dau            S                 Female   W    2         Penn                                 Penn   NY
Charles Rorick  SSon         S                 Male      W    15         NY      At Home               NY    NY