In the Orphans Court for Berks County
Citation granted upon petition of William G Christ, John Christ, Isabella Fegley, and others upon Jacob Ebling and John Kenny to show cause why they should not pay to them certain moneys charged on lands for petitioners and owned and held by Ebling and Kenny.

The petition makes averments as follows:
    That the petitioners are grandchildren of Conrad Christ and children of John Christ.  That said Conrad Christ died testate in the year 1833 in said county seized in his demesne as of fee in a messuage, grist mill and two tracts of lands, situated partly in bethel and partly in upper tulpehocken townships said county.  That said Conrad gave and devised this property to his daughter Elizabeth Batdorf, intermarried with Peter Batdorf, subject to the payment of $600.00 to the children of his son John, who had died in testators' lifetime) upon attaining their majority.  That John Kenny and Jacob Ebling are now the owners in fee of the above mentioned properties.  And that said charge of $600.00 remains upon and is due and payable to them.  John Kenny and Jacob Ebling respondents and owners of the properties made answer to this citation, that said legacy was fully paid and satisfied, and that under our laws, the presumption was that the same had been paid long ago.  no question arises as to the identity of the petitioners.  They are admittedly the persons, they represent themselves to be.  Nor is it denied that said John Christ and Jacob Ebling are at this time the owners of the properties.  Conrad Christ devised to Elizabeth Batdorf.  The respondents contend that the legacy was paid when it became payable.  The petitioners put the will in evidence.  Under ordinary circumstances, this would have been sufficient to throw the burden of proof of payment upon the respondents.  but since the decedent has been dead fifty four years, and since it is admitted that the last payment of legacy became payable thirty three years ago, the presumption in is that the same was paid when it came due and payable.  In other words, the claimants before they can recover, have not only to establish the fact that they had this money once to receive, but must in addition thereto also prove, that the same remains unpaid.  This they tried to do by their own individual testimony.  But they were rejected on account of incompetence to prove the fact.  And this for the reason that Elizabeth Batdorf, the devisee and payer of the legacy is dead.  The Citation is dismissed at the cost of the petitioners.  By the Court.  Hiram H Schwartz

Petition of John Christ
I was born 6/1/1820.  I live at Rehrersburg.  my uncle Henry Christ lived about 3 miles out of Rehrersburg and my Aunt Elizabeth Batdorff lived about 2 1/2 miles from Rehrersburg.
    My grandmother died about 8-14 days after my grandfather.  Not long after the old man died, Elizabeth sold and went West.

The petition of William Christ, John Christ, Isabella Fegley and William Fegley her husband in the right of said Isabella, Jonathan Christ, Malinda Graber, and Charles Graber her husband; in right of said Malinda; Amanda Walborn and Uriah her husband in the right of said Sarah; Elizabeth Moose and Solomon her husband in the right of said Elizabeth heirs at law of John Christ, dec'd.

Conrad Christ, father of John Christ, dec'd, 1833 who left widow who died about 2 weeks after Conrad her husband, a son Henry, daughter Elizabeth married Peter Batdorf and grandchildren,  Your petitioner above named, Kate now dec'd who was intermarried with William Koon who left children.

Elizabeth Moose became of age 8/4/1833
Jno Christ  who became of age 12/21/1837
John Christ who became of age 6/1/1841
Amanda Walborn who became of age 9/27/1847
Isabella Fegley who became of age 3/23/1849
Malinda Graber who became of age 9/14/1851
William F Christ who became of age 4/15/1854
 
 

© Brenda Creasy