Levi Seward’s Estate: Heirs Elect Shares, Reach Agreement etc.-January of 1856 – Part IV

Once the jury of 12 men had made their review of the lands of Levi Seward, they divided the land into shares to be spread among the children and heirs of Levi.  In the following documents we see that choices were made as to what land would be inherited by whom.

Orphans Court, Luzerne Co., Pennsylvania: 

1856 Auditors Appointed Book 6 page 144

Page 144 –  10 January 1856 Estate of Levi Seaward dec’d. Auditors report confirmed absolutely, same day 10 Jan’y 1856 Absolute confirmation stricken off the same having been made visually entered and Exceptions to said report filed by permission of Court.

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1856 Rule to Elect VC Book 6 page 167, Heirs Elect Share page 167 to 168

Page 167 – 7 April 1856 Estate of Levi Seaward dec’d 8th April 1856 Rules on heirs of decedent to come in and Elect their respective purports and to show cause why the purports refused shall not be sold returned service accepted by David Rood guardian for Alvin S. Rood, Almon W. Rood, Crawford Rood, Mary S. Rood, Lovina Rood and Ester Rood – Samuel Seawards, Elida Seaward, Freeman Seaward and Mary Santee and several on Alvin Seaward by copy – filled – See copy in files.

8 April 1856 – 12 ½ Estate of Levi Seaward dec’d Partition – Now April 8, 1856 Alvin Sewards eldest son and heir of Levi Seward dec’s Appears in Orphan Court and Elects free parts number 1 x 2 in the return of Inquest in the above Estate Containing No. 1 56 as 16 p. and No. 2 t as & 80 perches and valued and appraised No. 1 at the sum of $954.00 and No. 2 at the sum of $3437.50/100 and altogether $4391.50/100 Witness the hands and Seal of Said in presence of E. L. Dana     —– Alvin Seward (Seal)

8 April 1856 18 ¾ Now April 8, 1856 Samuel Seward 2nd Son and an heir of Levi Seward appears in open court and Elects free parts  to number three in the return of Inquest & the Draft thereto Attached in the above Estate containing 104 acres & 115 perches — and valued and appraised at the sum of two thousand one hundred and fifty dollars. Witness the hand and seal of Said in presence of E.L. Dana   —- Samuel Seward (Seal).

April 1856 18 3/4 Now April 8, 1856 Freeman Seward 3rd son & heir of Levi Seward dec’d Appears in Open Court and elects free parts Number [4] in the return of Inquest & Draft thereto attached in the above estate containing  Page 167. one hundred thirteen acres & one hundred & forty perches – and valued and appraised at the sum of Twenty two hundred and ninety-nine dollars. Witness the hands and seal of said Freeman Seward (Seal) In presence of E. L. Dana.

Now to wit 7 April 1855 on return of rule with proof of service: Elida Seward a son and heir of decedent appears in open Court and Elida purport No. 5 in partition of said decedant Estate containing 108 acres and forty four perches and valued at $1967.00/100. Elida Seward (Seal)

Whereupon the Court assigns and allot said purport No. 5 to said Elida Seward.

18 ¾ – E. M. Santee in right of Mary his wife a daughter the of said Levi Seward appears in Open Court and Elects purport No. 6 in partition of Said decedents rel estate. Containing 64 acres 51 perches valued at $1299.00/100 E.M. Santee (Seal) Whereupon the court assign and a lot said purport No. 6 to said E.M. Santee in right of his said wife.

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8 April, 1856 Agreement of Heirs Book 6 page 168

1856 Agreement of Heirs and more – the signatures copied of the heirs

In the Orphans Court of Luzerne County, partition of the real Estate of Levi Seward late of said County dec’. Whereas in the Partition of the Real estate of said Levi Seward dec’d Several of the purport into which the same has been divided by the Inquest especially purport No. 2, 3 & 4 exceeds in Valuation the share and portion coming out of said estate to heirs individually & would subject the persons electing the same to payment ___great in amount than they would be able to pay in one year and whereas the result would be to compel the heirs severally to refuse the said purports, and leave the said purport or some of them to be sold at public sale – now to avoid the delay, cost & probable  loss which would be then occasioned it is in open court agreed by and between the several heirs of said Estate that the sum or sums which may be payable as ____ on any of the purports which may be elected by any of the heirs of said Estate shall be payable in five equal annual installments with interest from this date payable annually on the whole amount the first installment to be payable on the 1st day of April A.D. 1857 to be secured upon the lands severally elected by such heirs.

In witness whereof the parties heirs of s’d Levi Seward dec’d have hereunto se their hands and Seal April 8, 1856. In the presence of E. L. Dana )))) –

SIGNED:  Alvin Seward (Seal), Samuel Seward (Seal), Freeman Seward (Seal), Elida Seward (Seal). E.M. Santee (Seal) for Mary Santee, David Rood (Seal) guardian of minor heirs of Sarah Rood dec.’d.

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1856 Recognizance Pages 168 to 169 Book 6

8 April 1856 c. 31__  Partition of Estate of Levi Seward dec’d – Recognizance of Alvin Seward. I Alvin Seward acknowledge myself to owe the Commonwealth of Pennsylvania for the use of the other heirs of Levi Seward the sum of Four thousand nine hundred dollars – to be levied of  (page 169) his goods and chattels lands and tenements – The condition of the above recognizance is such that when as by an Inquest awarded by the Orphans Court of the said County of Luzerne a purport of the real estate of the said Levi Seward dec’s to wit purport No. 1 in the draft to said Inquisition attached was valued and appraised at the sum of $950 and No. 2 at the sum of $843/50/100 in all $4391.50/100 which valuation and appraisement has been duly confirmed by the Court and accepted by the said Alvin Seward – at the said Valuation. Now if the said Alvin Seward heirs Executors and Administrators shall pay to the other heirs of said Levi Seward dec’d the several shares and portions of the said valuation money to which they may be entitled in five equal annual instalments the first instalment payable 1st April 1857 payable with interest thereon payable annually on the whole amount according to Law then the above recognizance to be void otherwise to be and remain in full force and Virtue. Witness the hand and seal of said this 8th day of April 1856. Alvin Seward (Seal)  Signed taken and acknowledged the day and year last aforesaid before me D. L. Patrick Clerk O.C.

8 April 1856 Partition of Real Estate of Levi Seward dec’d Recognizance of Samuel Seward. I Samuel Seward acknowledge myself to owe the Common wealth of Pennsylvania for the use of the other heirs of said Levi Seward dec’d the sum of Five hundred & Fifty Dollars to be levied of my goods and chattels lands and tenements – The condition of this recognizance is such that whereas by an Inquest awarded by the Orphan’s court of Luzerne County a purport of the real estate of the said Levi Seward dec’ to wit purport numbered Three in the Draft to said Inquisition attached was valued and appraised at the sum of Five Thousand one hundred and fifty dollars – which valuation and appraisement have been duly confirmed by the Court and accepted by the said Samuel Seward – at the said Valuation: Now if the said Samuel Seward, heirs, Executors or administrators shall pay to the other heirs of said Levi Seward dec’d the several shares and portions of the said valuation money to which they may be entitled in five equal annual instalments payable on the whole amount according to Law, then the above recognizance to be void otherwise to be and remain in full force and virtue. Witness the hand and Seal of said Samuel Seaward (Seal)  Signed Sealed taken and acknowledged before me April 8, 1856 D. L. Patrick Clerk OC.

8 April 1856 Partition of Real Estate of Levi Seward dec’d Recognizance of Freeman Seward. I Freeman Seward acknowledge myself to owe the Common wealth of Pennsylvania for the use of the other heirs of said Levi Seward dec’d the sum of  Eight hundred and fifty dollars to be levied of his goods and chattels lands and tenements – The condition of this recognizance is such that whereas by an Inquest awarded by the Orphan’s court of Luzerne County a purport of the real estate of the said Levi Seward dec’ to wit purport numbered Four on the Draft to said Inquisition attached was valued and appraised at the sum of Twenty two hundred and ninety nine dollars – which valuation and appraisement have been duly confirmed by the Court and accepted by the said Freeman Seward his heirs, Executors and Administers all pay to the other heirs of said Levi Seward dec’d the several shares and portions of the said valuation money to which they may be entitled in five equal annual payments  the first thereof payable on the first day of April A.D. 1857 with interest therein payable annually on the whole amount according to law there the above recognizance to be void otherwise to be and remain in full force and virtue. Witness the hand and Seal of said Freeman Seaward (Seal)  Signed taken and acknowledged before me April 8, 1856 D. L. Patrick Clerk OC.

Page 170 to 171 8 April 1856

Estate of Levi Seward dec’d – Partition – Decree of the Court, And now to wit April 8, 1856 (the same having been cautioned by Consent from April 7th 1856 to this date) due proof of Notice to all the heirs and legal representatives of said Levi Seward dec’d to – to Come into Court and Accept or refuse the real estate of said deceased at the valuation  V2 having been made, and all the said heirs and legal representatives appearing to the same, personally appeared in Open Court Alvin Seward Eldest son of said Levi Seward’s deceased and elected to take purports – Number 1 and 2 the return of Inquest of the real estate of said deceased situate in the Township of Smithfield in the County of Bradford, Pennsylvania. No. 1 containing fifty six acres more or less and Sixteen perches more or less with the appurtenances at the valuation thereof to wit Nine hundred and Fifty Four Dollars ($954) and purport No. 2 situate in the Township and County Aforesaid Containing Five Acres and eighty perches more or less with the appurtenances at the Valuation thereof to wit Three Thousand four hundred and Thirty Seven Dollars and fifty Cents #2m? And also on the same day personally appeared Samuel Sewards next Eldest son of the said Levi Sewards dec’s and Elected purports No. 3 (three) of the real estate of said deceased, situate in the Township of Huntington, Luzerne Co., Pennsylvania – Containing one hundred and four acres and one hundred and fifteen perches more or less with the appurtenances, at the valuation thereof  to wit Two thousand one hundred and fifty dollars –3rd And also on the same day personally appeared Freeman Seward next Eldest son of said Levi Seaward dec’d and elected purport No. 4 of the Real estate of said deceased Situate in the Township of Fairmount & County Aforesaid Containing one hundred and thirteen acres and one hundred and forty perches more or less with the appurtenances at the Valuation thereof to wit Two thousand two hundred and ninety nine dollars – 4th And also on the same day personally appeared Elida Seward a son and heir of said Levi Seward dec’s and elected to take No. 5 Situate in Fairmount Township in the County Aforesaid Containing one hundred and eight acres and forty four perches more or less with the appurtenances at the Valuation thereof to wit One thousand nine hundred and sixty seven dollars — 5. And also on the same day personally appeared in Open Court  E.M. Santee on right of Mary his wife a daughter and heir (page 171) of said Levi Seward dec’d and elected purport Six in the partition of said Estate situated in the said Township of Fairmount and County aforesaid Containing sixty four Acres and fifty one perches more or less with the appurtenances at the Valuation thereof to wit One thousand five hundred and nine dollars –whereupon the Court (an agreement having been entered into and executed in writing in Open Court by all the heirs and legal representatives of said Levi Seward and filed herewith that the _________any purports elected by said heirs shall be payable in Five equal annual instalments with interest from this date payable Annually upon the whole Amounts the first instalment payable on 1st April A.D. 1857) Order and adjudge the said several purports and real estate to the said several heirs of said Levi Seward dec’d their heirs and assigns forever arguably to their several elections aforesaid the said Alvin Seward to enter into the Recognizance on the sum of Four Thousand nine hundred dollars the said Samuel Seward to enter into Recognizance in the sum of Five hundred and fifty dollars and the said Freeman Seward to enter into recognizance in the sum of Eight hundred and fifty dollars Conditioned severally to secure the payment to the other heirs of the said Levi Seward dec’d the several shares and portions of the said valuation money to which they may be entitled in five equal  annual payments the first thereof payable on the 1st April 1857 with interest then on payable annually on the whole amount.

The said several heirs Alvin named electing as above to hold and enjoy the said several purports & the real estate so elected as fully and freely as the said Levi Seaward in his Lifetime had and held the same arguably to the Act of Assembly in such cases made and provided filed the 8th April 1856.

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1856 Order of the Court Book 6, Page 252 29 Oct 1856 Estate of Levi Seaward dec’d – Bond of David Rood to minor paid of Sarah Rood dec’d left by order of Court for sale keeping in hands of A.T. McClintock Esqs.

1857 Auditors Report Conf’d Book 6 page 252

Page 252 – 29 Oct 1856 Estate of Levi Seaward dec’d Auditors report filed and confirmed ___ 29 Oct. 1856 Confirmed absolutely 9 January 1857.

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I could not find these in the online Orphans Court Docs at FamilySearch – Old Account and Report, they would be interesting to review.

Auditors Report 1856 Vol. 1, pg. 583

Administrators Account 1856 – Vol. 1 page 583

Auditors Report 1857 Vol. 1 page 687

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The last several posts have presented documentation of the estate of Levi Seward and his heirs. Levi did not have a will so it went through probate and usually that means a lot of documentation is accumulated 1) court clerk recordings in the court books 2) an estate file. I do not believe that this is totally a complete presentation of the estate and feel that a search of court records at the Courthouse in Wilkes-Barre is in order at some future date. Hopefully, there is an estate file that has survived and not just court clerk recordings in the books of the court.

In the next post, I share two deeds that seem to be recordings of the unfinished business of Levi Seward regarding a land transaction with his son-in-law David Rood and another family.

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About BJ MacDonald

Interested in travel, really into genealogy and researching my family history, classic novels and movies, fantasy and science fiction, photography, history and more... Here is a tip. Make sure you are commenting on the blog you were visiting and the post you were interested in. My blogs are listed by hovering over my pictures and clicking. Clicking one of them will take you back to the correct blog. You can try me here: bjmcdonell@gmail.com
This entry was posted in Alvin Seward, Bradford County, Elida Seward, Fairmount Twp., Freeman Seward, Huntington Twp., Levi Seward and Thankful Wilkinson Family, Luzerne County, Mary Seward & E.M. Santee, Samuel Seward, Sarah Seward & David Rood Family, Wilkes-Barre and tagged , , . Bookmark the permalink.

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