CHIEF:  Dr Robin Boyd, MA (Oxon); MB BS; LRCP, MRCS; DCH; AFOM, 8th Baron Kilmarnock

Richard G. Boyd

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RichBoyd (at sign) Charter.net

 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 proceedings (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 referred 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 Executor 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 becoming 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 anxious 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 would 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 excuse upon the first day except term if anything they have why said Real Estate in petitions mentioned should not be sold and moneys substituted for land an interest which Sarah Clay as widow of Jacob Bair had and held under said last Will, and Testament.

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.

NOTE: Use this data as a finding tool, just as you would any other secondary source. When you find the name of an ancestor listed, confirm the facts in original sources.

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