Boyds of Perry
County, PA and Darke County, Ohio
At an Orphans Court held at Bloomfield in and for said county
on
the 4th. day of August A.D. 1862, Before the Hon. James H. Graham,
president judge and his associates of the same court. The following
procedings (among others) were had to wit:
The petition of Jacob Bear, Samuel
Bear, John G. Bear, Mary
Bear, intermarried with Samuel
Bear, Molly Knouse intermarried with
Daniel Knouse, Sarah
Bear intermarried with Levi Potter, Peggy
intermarried with John Knouse ( all of
Perry County, Pa.) was presented
to the Court settling forth.
That they are the seven of the ten children of Jacob
Bair, late
of Buffalo Township, Perry County, dec'd. That the other three children
are
Peter Bair, Elizabeth intermarried with
George Albright and Catharine
Boyd intermarried with Joseph
Boyd, the former resides in Perry County,
the latter in the state of Ohio (Darke County) that the said Jacob
Bair
died having first made his last Will and Testament dated the 22nd.
day of
December 1851, which was duty proven before the Register of Perry
County on the 30th. day of December 1851. That in said Will and
Testament it is there contained. It is further my will that my beloved
wife, Sarah have the use of the house I now live in. The farm on which
I now
live to be let out by my executor herein after mentioned to farm. My
said
wife to have the one third of all the hay, fruit and grain that may
be
raised on said farm and the use of one third of the garden during her
natural
life the grain to be delivered in the bushel. The tract of land refered
to in
said Last Will is one whereof the said Testator died . Seized in his
demise
as of fee and is bounded and described as follows to wit, a tract of
land
situated in Buffalo Township, Perry County, bounded by lands of Jacob
Bair on the north, by lands of Christian Albright
heirs on the west by
lands of John Stephens and others on the
East and by the fall mountain on the
South. That the said widow of Jacob Bair is now intermarried with George
Clay but does not reside on the farm.
That the Execuator of said Will and
Testament, Jacob Buck has rented said farm
to Peter Bair and gives him
2/3 of all raised upon the farm such as grain. That said Peter Bair
has
been using said farm for upwards of six years. That said farm through
the
management control of Peter Bair is becomming considerable worse, that
said Peter Bair has cut chestnut posts and rails and sold them off
of the
farm, hauls off hay & straw from the farm and sells the same cuts
and
uses green timber off the place for firewood. The buildings are in
a
state of delapidation and decay. There are no improvements made. That
all the
legatees are anxous that said land shall be sold, (except the widows
share) to the intimate injury of your petitioners, that said Catharine
Boyd, intermarried with
Joseph Boyd, is out of the state and cannot give her
consent, therefore in view of all the wrongs done to your petitioners,
they woud pray your Honors to grant a rule upon Mrs. Sarah Clay, wife
of
George Clay, Peter Bair, Joseph Boyd and Catharine his wife now
residing in Darke County, Ohio, and Mrs. Elizabeth Albright to show
xcause upon the first day except term if anything they have why said
Real
Estate in pertitions mentioned should not be sold and moneys subsituted
for land an interest which Sarah Clay as widow of Jacob Bair had and
held
under said last Will,and Testement.
And now witness 4 August 1862. Rule granted as prayed for
M. E. King,
appointed auditor to take depositions and report the facts to the Court
on
ten days notice to Mister McIntire & Son, attorneys for Sarah Clay
and
notice of this rule to those residing in Ohio by letter directed to
their
proper post office 20 days before the return day.