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Estate Records of Peter Klauser, decd

These are the transcriptions of the Estate Records of Peter Clauser/Clouser of Richmond Township, Berks County, PA from 1825 through 1840. There are over 40 pages transcribed. Scan the entire document or use this search feature on for this page only.

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Any comments, questions, or corrections should be sent to Tim Clouser.

Chronological Record

1825

The Account of Peter Sharadin administrator of all and singular the goods and chattled rights and credits which were of Peter Clauser, late of Richmond Township Berks County Yeoman, deceased.

The Accountant charged himself with all and singular the goods and chattled rights and credits which were of the said deceased agreeably to an inventory thereof filed in the Register’s Office at Reading Amounting to …$982.72

The said accountant craves an allowance for the following disbursements made out of the Estate aforesaid to wit

1826

Click to view a graphic of the Notice

Berks County Js. At an Orphan’s Court held at Reading in and for the County of Berks, the 11th day of August A.D.1826, before Robert Porter and Wm Pitman, Esquires, Jusdges of the said Court.

The within account being presented for Confirmation the same is confirmed, nisi

                                                                           by the Court

                                                                           Jac. Sallade, clerk

1828

To the honorable the Judges of the Orphans Court of Berks County.
The Petition of Elizabeth Roth a daughter of Peter Clauser late of Richmond Township, in the said county yeoman deceased,

                                                                           Humbly Showeth

                                                                           That she is a minor above the age of 14 years and has no Guardian appointed to take care of her person and Estate she therefore prays the Court to admit her to make choice of a Guardian for the purposes aforsd, and she will pray
Mathais Roth her
husband

Her

Elizabeth X Roth

Mark

Petition of Elizabeth Roth for Guardian. Novm. 7. 1828. Present all the Judges the Court Approves of Elizabeth Roth's choice of Matthias Roth as her Guardian.

Petition of Peter Sharidan for Guardian for Peter Clauser desd children. Novm. 7. 1828. Present. All the Judges the Court appoint appoint Jno. Widenhamer for John Catharine and Peter Clauser, and Saml Fagely for Mary and William Clauser.

Click to view a graphic of the Petition

1830

Petition. Re. Peter Clouser. John Resler for a partition.
At an orphans Court held at Reading in and of the County of Berks April 17th, 1830. Robert Porter Matthias P Richards Judges. The Court awards an inquest agreeable to the prayer of the Petitioner.

Click to view a graphic of the Partition

Inquisition intended and Taken at the late dwelling house of Peter Clauser decd in the Township of Richmond in the County of Berks Before James Lillyman Jr. Esquire high Sheriff of the said County. By Virtue of a wish of pertitian or valuation to him directed and to this inquisition annexed By the oath of Stanly Kerby, Jeremiah Hughes, Michael Dunn, Elias Moyer, Issac Reefer, Peter Glasser, Henry Schneyder, Benjamin Hill, Solomon Ely, Ephram Hill, Goerge Dunkle, and John Wanner Twelve free honest honest and lawful men of my bailiwick who uppan[append] their respect oaths aforesaid Do Say that they went to the Messuage(?) Tenement and two seperate tracts of land situated within the County of Berks of which Peter Clauser the intistate(?) in the said with named died seized and possessed and then and their did find that the Same could not be partd and divided to and among all the parties in the said wish named without prejudice to and spoyling the whole thereof But that same would Conveniently Accomedate one of the parties in the said wish named. That is to say that part of the Lands & tenements to with the Messuage(?) plantation and tract of land first in the said wish mentioned and described Situated in the Township of Richmond in the said County of Berks containing one hundred and twelve acres in two serperate tracts be the same more or less adjoining lands Solomon Leivensberger, John Weidenhammer, John Schweyer, Isaac Resser and others would conveniently Accomedate one of the parties in the said wish named And the Inquest aforesaid on their oath aforesaid have valued and appraised the same as the sum of Two thousand five hundred and thirty five Dollars, lawful money of Pennsyvania.

And the Inquest aforesaid uppan[append] thier oath aforesaid Respectively Do Say that the part or tract of wood land said to be situated in the Township of Greenwich in the County aforesaid Bounded by land of _________________________________ and others containing six __________ acres be the same more or less is actually lying in the County of Lehy[Lehigh], and is therefore not appraised by this inquest.

In Testimoney whereof as well the said Sheriff as the inquest aforesaid have hereunto interchangeable let their hand and seals this Twenty eight days of May in the Year of our Lord one thousand eight hundred and thirty.

Signatures and Seals of Sheriff and the twelve free men.

2nd Account Sur Estate of Peter Clauser

fild June 23rd  (Copy made)

At an orphans Court held at Reading in & for Berks County present. Robert Porter and William Darling Esq. Judges. The Court appoint John Wanner, Jacob Levan Farmer and Charles Faber auditors to audit ??? the state the work in ac. County. Pd. $7.50.

The Second Account of Peter Sharadin Administrator of Peter Clauser late of Richmond Township, Berks County, Yeoman Deceased.

The Accountant charges himself with the Balance of his former Account                                             370.00 ½

To 4 Bonds £100 each                                                                                                                    1066.66 ½

To Increase of Sale                                                                                                                           134.83 ½

To Cash out of Estate                                                                                                                        516.72 ½

Rent ???                                                                                                                                           266.66

                                                                                                                                                     $2354.89

Errors and Omissions excepted June 23rd 1830 by Arthur Yaradin(?) Signature.

The Accountant craves Allowances for the following disbursements made out of the Estate after his former Account.

Henry Rhoads............................................................................................... 4.25

Abraham Ritter.............................................................................................. 3.50

Peter Sharadin at Sundry times................................................................. 1066.66 ½

Grain in the ground Unsold......................................................................... 166.00

James Darrah................................................................................................ 6.00

Elijah Deckert................................................................................................ 5.00

John Ritter..................................................................................................... 2.00

Philip Hoch.................................................................................................... 4.00

Reuben Trexler............................................................................................ 12.87 ½

Solomon Clauser......................................................................................... 89.33

Jacob Moyer................................................................................................. 8.65

Jacob Anthony.............................................................................................. 5.13

Jacob Detweiler............................................................................................. 6.28

Adam Ruppert............................................................................................... 8.00

Michael Christman......................................................................................... 4.14 ½

John Wanner Esqr.......................................................................................... 0.12 ½

Abraham Ritter.............................................................................................. 2.64

Peter Sharadin for Managing and Settling Estate......................................... 141.00

Bond due the Accountant........................................................................... 266.66

Paid Geo. Smith Reg. for filing & pass Acct................................................... 7.50

                                                                                                                1809.75

Balance due Estate                                                                                     545.14

                                                                                                              $2354.89

At an Orphans Court held at Reading in and for the County of Berks on the 6th Day of August A.D. 1830 before the Hon: Robert Porter Esq. President and William Darling Esq. one of his Associate Judges

The second account of Peter Sharadin Administrator of the Estate of Peter Clauser late of Richmond Township, Berks County, Yeoman deceased, being presented for confirmation, on motion, the court appoint John Wanner, Jacob Levan (farmer) and Charles Faben or any two of them; to audit, resettle and restate the same, and the court further order and direct that the said auditors make report of their proceedings herein to our next stated Orphans Court to be held at Reading aforesaid on the fifth day of November next.

By the Court

Jac. Sallade Clk. O. Court

Peter Sharadin Administrator of the Estate of Peter Clauser late of Richmond Township, Berks County Yeoman, deceased, in Account with the Estate of said Deceased.

The said Accountant charges himself with the Balance reported by Auditors Novr 13__1830 as due by him on his second account, to wit:                                                                                                                                           538.68

Balance due the Accountant this day.                                                                                                          428.41

Do to become due as for Credit side of acc't                                                                                            1,509.65

                                                                                                                                                             $2,476.74

The Accountant craves credit for the following disbursements made by him since the former account & with the following sums due & to become due to him, to wit,

1839

Berks County

John Weidenhammer & Matthias Roth sincerely make oath a saith that the facts stated in the written exceptions are true to the best of his knowledge & belief. Sworn and subscribed this 4th day of November A.D. 1839 before me. Henry Beten(?) signature. Then signature of John Weidenhammer and Matthais Roth.

In the matter of the Real Estate late of Peter Clauser of Richmond Township Berks County deceased situate in said County of Inquisistion therefore:

In the Orphans Court of Berks County

                                    Exceptions to Inquisition:

First: It was understood by & between the Heirs and Legal Representatives of said Peter Clauser Decd that the said Real Estate of said deceased  should not be accepted at the appraiser must thereof made as for Inquisition returned to said Court & confirmed August 6, 1830; but that an account of a large amount of debtz to become due by said Peter Clauser deceased to Peter Sharadin, the said Real Estate should be leased from year to year & that the Rentz  should be applied to the payment of said Debtz until William Clauser the Eldest Son should attain the age of Twenty one years and that then the said Real Estate should be again appraised and that all the Heirs should inherit equally: That with that understanding an agreement was entered into between the Heirs of said deceased  & John resler & Judith his wife who was the widow of said deceased whereby it was agreed that for the consideration therein mentioned that said Resler & wife should relinquish all ??? and upon the said Estate for Eleven years from the first of April A.D. 1831___And in pursuance of said understanding the said Real Estate has been leased from year to year since the said appraisement and is now under Lease.___

Second: The said Real Estate is now worth a great deal more than the amount of said appraisement:

Charled Davis. Prof Matthias Roth
Elizabeth his wife, William
Martz & Maria his wife, Catharine
Clauser, Peter Clauser
by his guardian John Weidenhammer

1840

3rd Admor Account Sur Estate
of
Peter Clauser decd
Filed Nov 13 [1839]

Jany 10.1840
The Court appoint
Davis O'Brien
Andrew Sallade
Franklin B. Shoener
Auditors
to audit and make
distribution

April 10. 1840 Present all the
Judging – report of Auditors read &
confirmed nisi –
Nov. 6.1840 on argument upon
the exceptions filed. The errors
??? the report of auditors
and the account filed.

$7.00

To the Honorable the Judges of the Orphan's Court of Berks County.
The undersigned appointed to audit the account of Peter Sheradin Ador of Peter
Clouser, late of Richmond township, Berks County decd. Beg leave Respectfully
to report, that having given due notice of the time and place of meeting
According to Law – they audited the above account & find (if correct) that there is
a balance now due the accountant of Seven Hundred & Thirty Eight 37/100 Dollars
and the further sum of Twelve Hundred & Forty two 98/100 Dollars to become du
the said accountant, according to the credit side of the above account.

All which is respectfully submitted

            April 8th 1840

A.M. Sallade [signature]
DW OBrien [signature]
FB Schoener [signature]

1840

Petition
to set aside the proceedings in
Partition Sur Estate of Peter
Clauser decd

Nov 8, 1839. Rule to show
cause why the inquisition
shoulde work set aside – and
a new inquest awarded –
April 10, 1840 Proof having
been made of the facts
??? in the affidavit
the court set aside the
inquisition.

To the Honorable the Judges of the Orphans Court of Berks County.

            The petition of John Resler husband of Judith, late Judith Clauser, widow of Peter Clauser late of Richmond township deceased, respectfully represent

            That upon petition petition of himself and the said Judith, the Orphans court ?incture an inquest upon the real Estate of the said Peter Clauser at April court A.D. Eighteen hundred and thirty. That the inquest valued and appraised the same at five thousand eight hundred and thirty four dollars which valuation was confirmed August Term A.D. 1830 by the court. That all the children were then and still are minors. Except the three oldest who have since attained majority. And that the land has since been taken better valuation that the same is now after the lapse of more than nine years worth at least fifty percent more than the said valuation to wit more than eight thousand and three hundred dollars. That if the said valuation stands the widow of the said Peter Clauser the wife of your petitioner will sustain great injustice. Your petitioner therefore prays upon your honors to rescind the order of confirmation set aside the finding of the inquest and award an alias to wit will pray.

Berks County

John Resler on his ??? on the ??? the contents of the above petition on him to the best of his knowledge and belief.

Sworn & subscribed before
me Nov 1, 1839

Coram(?) me

            Henry Bel(?)

            In the matter of the report of auditor upon the account of Peter Sheridan administrator of Peter Clauser

Exceptions –

            The auditors erred in allowing accountant a credit for the sums $439.25, 105.89, 118.07, 266.67, 266.66,266.66, 266.67, 266.67, 266.66, 176.33, 4.36, 9.86, 8.00, 5.00 & commission 10.00.

2. Auditors erred in not charging accountant with interest.

subscribed before
me Aug. 7. 1840

Matthias S. Richards

a Judge of Berks Co.

In the matter of the Exceptions to the Report of
uditors upon the Account of
Peter Sheradin Administrator of the Estate
of Peter Clauser deceased

In the Orphans Court
of Berks County

Enter Rule to take

the Depositions of Witnesses before any Judge or Justice of the Peace of Berks County to be read in Evidence on the Argument of the above Exceptions –

Ex Parte Rule on Ten Days of notice

J Donagan Esq. Clk.

Charles Davis

For Accountant

Reading Octr. 5. 1840

Depositions
in the case of
Peter Scharadin Admr. of
Peter Clauser decd

Filed October 23rd 1840

Berks County Js.

In the matter of the exceptions to the
Report of Auditors upon the account of Peter
Scharadin, Administrator or the Estate of
Peter Clouser deceased

In the Orphans Court
of Berks County

And now to wit, the 5th day of October A.D. 1840 Charles

Davis Esq. Attorney for the Accountant enters a Rule to take the depositions before any Judge or Justice of the peace of Berks County the be read in evidence on the argument of the above exceptions.

 

Exparte rule on ten days notice

From the Records of the Orphans' Court

Sir)

You will herewith take notice that by virtue and

In pursuance of the above rule Depositions of Witnesses will be taken at
the Office of Charles Troxell Esquire a Jjustice of the Peace of the Borough of
Reading of County of Berks in Sount Sixth Street in said Borough before said
Justice or some other Justice of the Peace of said Borough of County on the twenty-third Day
of October AD 1840 between the hours of Nine A.M. & Four P.M. of said day

 

Charles Davis

Atty for Peter Scharadin

October 8th A.D. 1840

Wm Strong Esq. Atty

for Exceptants

 

Depostions of Witnesses produced sworn and examined on the 23rd day of October A.D. on thousand eight hundred and forty at the office of Charles Troxell Esq. a Justice of the Peace in and for the County of Berks between the hours of 9 AM and 4 P.M. before me Wm A Wells also a Justice of the Peace for said County and in pursuance of the annexed rule and notice, in the presence of the Accountant Peter Scharadan & his Attorney, and of William Strong Attorney for the Exceptants.

John Weidenhammer being produced and sworn (The attorney for the exceptant objects to the witness, his being guardian for some of the minor childre) deporeth(?) and saith the he is acquainted with the hand writing of George Kemp from his knowledge of the hand writing, he believes that the name of George Kemp to the attention of Bonds by Peter Clauser to Peter Scharadin marked B,C,D,E,F,G,g,H is the handwriting of said George Kemp and that the said George kemp is deceased, and Goerge kemp Junior the other subscrbing witness to said Bonds is also dead. Witness says that the name of John Weidenhammer as a witness to agreement dated 18th Dec 1839 and marked J is deponants hand writing, and that he saw the parties to that agreement execute the same. Witness says that when Peter Clauser died, Peter Scharadin hired a man to work the farm of said Peter Clauser in Richmond township, Berks County for four or five years, and that the widow and children of said Peter Clauser continued to live on the place during that time, and that William Clauser the tenant lived also on the place.

Then the old man Peter Scharadan gave up the place and Administered to the Estate of Peter Clauser. There the Administrator made ??? due of the Person property and I was appointed guardian of Catherine and Peter Clauser, two of the minor children of said deceased, and Samuel Fegely was appointed guardian of William and Maria, and Elizabeth the otherchild of the deceased was married to Matthias Roth. The widow of Peter Clauser deceased is a daughter of Peter Scharadan. When we were appointed guardian, we leased the property.

I asked Peter Scharadan how may bonds he had against the Estate, he said seventeen. We had no agreement about the bonds, but every spring what was left after paying the expenses of the farm was paid on the bonds as they fell due. From 1829 or 30 until last spring while I when we paid nothing. The old man wished us to try and keep the place untill the eldest son had his age, that he might have a chance of taking it. It was my meaning that the place should be kept untill the eldest son should attain his age, and so we have done untill this time. The property is now under lease. The farm of Peter Clauser at the time of his death was not worth near as muchh as it is now.

During the time that Peter Scharadan farmed the property after the death of Peter Clauser, he managed it is wll as if it had been his own and he managed it well.

Cross examined.

Witness says Peter Clauser died the 16th day of May 1823.

John Weidenhammer [signature]

Taken sworn and subscribed
before me Wm. A Wells J.P.[signature]

Samuel Fafeley being produced and sworn (the attorney for the exceptant objecting to the Witness he being guardian for some of the minor children) deposeth and saith that there was no understanding regarding the payment of the bonds. From the time we were appointed guardina we rented the property every year. When the first rent was due, old Scharadan demanded a bond. We paid every spring one bond until John Resler who married the widow of Peter Clauser had the land appraised. We paid the bonds out of the rest. We settled with Resler and paid him four hundred and twleve dollars to the best of my recollection Mr Resler moved away from the property the spring of 1828 or 29.

Peter Scharadan farmed the place after the death of Peter Clauser. Peter Scharadan always said to me that he wished us to keep the farm, untill the eldest son attained his age. And so we have done untill this time, he will attain his age so it is said by next harvest. Eight or nine bonds have been paid off, each of a hundred pounds (100 £) as they were paid they were delivered to me and I have them in my possession. Mr. Scharadan was present at the time of the agreement between Resler and wife, myself and Weidenhammer as guardians, and Matthias Roth, and he was satisfied that we should do so. The rent fell short so that we were unable to pay the bonds as the fell due, and we are behind now.

Samuel Fegely [signature]

Taken sworn and subscribed
before me Wm. A Wells J.P.[signature]

Berks County Js.

[seal]

I William A. Wells, justice of the Peace in and for the County of Berks do hereby Certify that the aforegoing depositions was teken by me at the office of Charles Troxell Eq a Justice of the Peace of the Borough of Reading of Coutny of Berks at his office in South Sixth Street in said borough between the hours of 9 AM and 4 P.M. of this the 23rd day of October AD 1840, in obedience to the annexed rule and notice in the matter of the exceptions to the report of Auditors upon the account of Peter Scharadan, Administrator of the estate of Peter Clauser deceased, in the orphans Court in and for the said County of Berks. And that Peter Scharadan the Accountant ahd his attorney, and William Strong Esq the attorney for the exceptants, were then and there present.

Witness my hand and seal at the borough of reading aforesaid the day and year above mentioned.

Wm A. Wells [signature & seal]

In the Orphans Court of Berks County:

In the matter of the account of Peter Scheradin Administrator
of the estate of Peter Clauser deceased filed Novembe 13,
1839 and Report of Auditors ther upon dated April 8th 1840

Sur Exceptions to Report of Auditos: November 6 1840 Report of Auditors & accounts set aside and quashed by the Court:

And now November 18 – 1840 – Peter Sheradin the accountant appeals from the said Decree of the Court Orphans Court of Berks County in the matter of his account & Report & auditors thereupon to the Supreme Court for the Middle District of Pennsylvania & prays that this his appeal may be entered of Record

Peter Scharadin [signature]

Berks County Js.

Peter Sheradin in above named maketh oath & saith that the appeal taken by him in the above matters is not intended for delay:

Berks County Js.

William B. Yohn Constable of Reading

maketh the oath & saith that he served a copy of the within Rule & notice
on William Strong by leaving a copy the same with his Student Mr.
Sohl – on the Eighth of October 1840 –

Sworn & subscribed Oct 10.

1840 before me

Charles Troxell

William B. Yohn

Sworn & subscribed this 18th
Day of November A.D. 1840 –
before me,

Matthias V. Richards
a Judge of Berks County

Peter Scharadin [signature]

Copyright © 2002 Timothy W. Clouser.
This page last updated on May 26, 2003