Thomas Dolby
Birth: 1802
East Nantmeal
Chester County
Pennsylvania, USA
Death: Nov., 1869
Clarion County
Pennsylvania, USA
Resident of Paint Twp.
Moved to Clarion County, PA about 1840
In The Matter of the Estate of Thomas Dolby, Deceased
December Term 1871
At an Orphan's court held at Clarion, in and for the County of Clarion, On the 2nd day of January 1872, The petition of Hannah Smith late Hannah Dolby, intermarried with Samuel Smith a daughter of Thomas Dolby, late of Paint township, Clarion County Pennsylvania deceased Presented setting forth; that the said Thomas Dolby died on or about the 22nd day of November A.D. 1869, intestate, seized in his demise as of fee of and in a certain message and tract of land situated in the said township of Paint, bounded by land of William Bagley, Henry Harley and Rachel Ann Smith, containing fifty acres more of less and leaving issue seven children to wit, Abraham Dolby, John Dolby, Matilda intermarried with Moses Anderson, Sarah intermarried with Jeremiah Johnston, Rachel Ann intermarried with Jonathan Smith and the petitioner, and nine grand children, to wit, Catherine, William and Margaret Dolby minor children of Joseph Dolby deceased, a son of said Thomas Dolby having for their guardian Samuel Wilson Esq. and James P. Martin, Keronica Martin, John T. Martin, miners over fourteen years of age- miner children and issue of Eliza Jane Martin late of ___(left blank) County in the State of Illinois a daughter of the said Thomas Dolby, who died previous to the decease of her said father. That under the intestate laws of this Commonwealth it belongs to the petitioners to have the one equal ninth part of the said real estate in fee and to the said Abraham Dolby, John Dolby, Lewis Dolby, Matilda Anderson, Sarah Johnston and Rachel Ann Smith each it belongs to have the one equal ninth part of said real estate in fee and to the said Catharine Dolby, William Dolby and Margaret Dolby miner children of Joseph Dolby deceased each it belongs to have the one equal twenty seventh part of said real estate in fee. And to the said James P. Martin, Keronica Martin, John T. Martin, Edward D. Martin, Henery C. Martin and Emma J. Martin children of Eliza Jane Martin deceased, each it belongs, to have the equal one fifty-fourth part of said estate in fee.
No partition of said real estate having been had, the petitioner praying the Court to s*** Inquest, to make partition of the said real estate to and among the aforesaid parties according to their respective rights.
And said 9" Jan. 1872, Inquest awarded, personal notice to heirs residing in that county as to those not residing in the County by publication in Clarion Democrat for 3 successive weeks ..........By the Court.
And said 9' Jan. 1872. Writ of Partition issued Sheriff Johnson makes return as follows viz: 14" Jan. 1872, Served this Writ reading and giving notice of time of holding the Inquisition to Abraham Dolby, John Dolby, Lewis Dolby, Matilda Anderson, Sarah Johnston, Rachel Ann Smith, Samuel Wilson Guardian of Catherine Dolby, William Dolby and Margaret Dolby, miners children of Joseph Dolby deceased, and by publishing a notice to James P. Martin, Keronica Martin, John T. Martin, Edward D. Martin, Henry C. Martin and Emma J. Martin, minor children of Eliza Jane Martin, a daughter of Thomas Dolby deceased. All residents of the State of Illinois for three successive publications of notice of contents of said writ and time of holding said inquest in the Clarion Democrat a newspaper published in Clarion Borough, the last of who publication was ten days previous to said notice. So Answers S. Johnson, Sheriff
And now to wit, 8" Feb. 1872, J.B. Watson appointee Guardian Ad litem for James P. Martin, Keronica Martin, John T. Martin, Edward D. Martin, Henry C. Martin and Emma J. Martin, miner children of Eliza Jane Martin deceased ......by the .....
The execution of the written writ appears by a certain schedule inquisition hereto.
December Term 1871}
Clarion County } SS.
An Inquisition, indented and taken at Paint township in the County aforesaid this 27" day of January in the year of our Lord One thousand eight hundred and seventy two. Before Samuel Johnson Esq. High Sheriff of the County aforesaid, by the oaths and affirmations of the Jurors whose names and seals are thereunto answered, good and lawful men of his bailiwick, who say upon their oaths and affirmations, that having been taken by the said Samuel Johnson High Sheriff as aforesaid in his proper person, to the premises in the writ, to this inquisition annexed described, and the parties in said writ named being severally sworn and as ,as many as chose being present, that the property described in the said writ cannot be parted and divided without prejudice to or spoiling the whole thereof, and therefore that they valued and appraised the same as follows, to writ and the sum of Three hundred eighty seven dollars and fifty cents $387.50 And now 8" July 1872, Confirmed and Rule on the Heirs, Returnable to next Leene, By the County
And now 26"July 1872, Rule on Heirs to accept and refuse issued. Sheriff Johnson makes return as follows viz: March 1872, Served the written Rule personally by reading a Abraham Dolby, John Dolby, Lewis Dolby, Matilda Anderson, Sarah Johnston, Rachel Ann Smith, Samuel Wilson, guardian of Catherine Dolby, William Dolby, and Margaret Dolby, minor children of Joseph Dolby deceased, and on J.B. Watson Esq. Guardian Ad-litem for James P. Martin, Keronica Martin, John T. Martin, Edward D. Martin, Henry C. Martin and Emma J. Martin, minor children of Eliza Jane Martin deceased............................So Ans.
S. Jonson, Sheriff
And now 6" May 1872
Bid of Abraham Dolby filed for $401.50
Bid of Samuel Smith filed for $410.00
And now the 9" May 1872, the Inquest heretofore award to make partition of the real estate of said deceased, having made return that the same could not be divided amongst the parties entitled without prejudice to or spoiling the whole, and that they had valued the same at the sum of three hundred eighty seven dollars and fifty cents, and proof having been made of the due service of a Rule upon all the persons interested in said estate to appear in Court and bid accept as refuse the same and said proof having been adjudged sufficient Samuel Smith intermarried with Hannah Dolby one of the parties in interest appeared in open Court and offering in writing the sum of four hundred and ten dollars therefore, being twenty two dollars and fifty cents above the valuation returned as aforesaid, and asked that the said real estate might be ordered to him at the sum of four hundred and ten dollars, and the said sum of four hundred and ten dollars being the highest price offered therefore, The Court do allot and order the said real estate to the said Samuel Smith, at the said sum of four hundred and ten dollars, he paying to the other parties interested in one year, this proportional part of the said sum at which the same is allotted and ordered to his as aforesaid with interest.
And it is further ordered by the Court that the said Samuel Smith do enter into recognizance to the Commonwealth in the sum of Eight hundred dollars conditioned to pay the other parties interested their proportionable parts of the said sum of four hundred and ten dollars, according to the order of the court, and also giving bond to each of them with T.C. Wilson on his surety, who is approved by the Court for the payment of their respective shares in one year from this date, with interest.
By the Court:
Attest J.W. Song
Clerk
10 May 1872 Recognizances filed
Family links:
Spouse:
Rachel Meckline Dolby (1803 - ____)
Children:
Joseph Dolby (____ - 1861)*
John Dolby*
A. Dolby*
Matilda Jane Dolby Anderson (1834 - 1911)*
Lewis Dolby (1846 - 1903)*
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