Wills: Probate papers for Harrison Brougher Copyright © 1998 by Carol Hepburn. This copy contributed for use in the USGenWeb Archives. pasomers@juno.com USGENWEB NOTICE: Printing this file by non-commercial individuals and libraries is encouraged, as long as all notices and submitter information is included. Any other use, including copying files to other sites requires any other sites. We encourage links to the state and county table of contents. _________________________________________________________________ Probate Papers of Harrison Brougher The following is handwritten on what looks to be a standard will form. It has been copied here with no changes to spelling or markings.) (typewritten) being of sound mind, memory and understanding, do make and publish this my last Will and Testament, hereby revoking and making void all former Wills by me at any time heretofore made. (handwritten) In the following manner, that is to say: 1st I order that all my just debts, funeral expenses and charges of proving this my wil, be in the first place fully paid and satisfied. 2nd I give and bequeath to my son Charles V. one horse and buggy. 3d. And all the rest, residue and remainder of my goods, chattels, debts, ready money, effects and other my estate whatsoever and wheresoever, both real and personal, I give and bequeath the same and every part and parcel thereof unto my beloved wife Annie Brougher as long as she lives, at her death to go to the following heirs namely: Etta Brougher Metzler (Wife of Charles Metzler), Mattie Brougher Enos, Freeman J. Brougher, Lola Brougher Colburn (Wife of William Colburn) John R. Brougher, and Charles V. Brougher, each to have and receive equal shares. 4th I give my wife Annie the power to sell my farm, which is located in Upper Turkeyfoot Township, Somerset Co., State Pennsylvania, at any time if it becomes budensome to her. (typewritten) I do hereby make, constitute and appoint (handwritten) my wife, Annie Brougher (typewritten) to be Executrix of this my last Will and Testament. In Witness Whereof, I, Harrison Brougher, the Testator, above named, have hereunto subscribed my name and affixed my seal, the Fifteenth day of September in the year of our Lord one thousand nine hundred Fourteen (1914) (signed) Harrison Brougher seal (signed) John Clevenger (signed) B. F. Clevenger Witness Signed, sealed, published and declared by the above named Harrison Brougher as and for his last Will and Testament, in the presence of us, who have hereunto subscribed out names at his request as witnesses thereto in the presence of the said Testator and of each other. (signed) John Clevenger (signed) B. F. Clevenger (The following is typewritten. It has been copied here with no changes to spelling or markings.) IN RE ESTATE OF HARRISON BROUGHER, Late of (a handwritten "O" appears over an "A" in name) the Township of Upper Turkeyfoot, Somerset County, Pennsylvania, deceased. TO BERT F. LANDIS, Esq., REGISTER OF WILLS OF SOMERSET COUNTY: You are hereby cautioned and directed not to probate any will or to issue any letters testamentary or letters of administration upon the estate of the said Harrison Brougher, deceased, without first notifying us and giving us an opportunity to be heard. Respectfully yours, (signed) Ette B. Metzler Dated September 19, 1914 (signed) Mrs. Lola Colburn (signed) W. W. Colburn (handwritten) children & heirs of Harrison Brougher, deceased (The following is a handwritten page. It is copied here with no changes to spelling or markings.) We, the undersigned Widow and heirs of the late Harrison Brougher, of the Township of Upper Turkeyfoot, County of Somerset, State of Pennsylvania, do agree to annul and lay aside the last will and Testament of the said Harrison Brougher decease, which was made on the 15th day of Sept. 1914. Knowing that the said Will was made only a few hours before death, and the mind of the said Harrison Brougher may have been not good owing to the dease of said testator. Witness our hand and seal this 28th day of Sept. 1914. (signed) Mrs. Annie Brougher seal (signed) Ettie Brougher Metzler seal (signed) Mattie Brougher Enos seal (signed) Freeman J. Brougher seal (signed) Lola Brougher Colburn seal (signed) John R. Brougher seal (signed) Mr. Charles V. Brougher sea (The following is a typewritten page. It has been copied here with no changes to spelling.) Now, October 3rd, 1914, the within testamentary writing purporting to be the last Will and Testament of Harrison Brougher, late of Upper Turkeyfoot Township, Somerset County, Penn'a., deceased, being presented for probate by the widow of said decedent, and the subscribing witnesses thereto being unable to make the proper affidavits prescribed by law relative to the testator's knowledge of the character of the instrument when signed by him and relative to the soundness of mind of the testator when executing said instrument; and no other witnesses being produced by the proponents of said testamentary writing; and it being further agreed by all parties in interest that the action of the Regester in admiting or rejecting the writing shall be unappealed from; and further agreed that the testator was not of sound mind, memory and understanding at the time of its execution, I, Bert F. Landis, Register of Wills of Somerset County, Pennsylvania, do hereby refuse to probate said testamentary in writing and declare the same to be void and inoperative to convey property of which the said Harrison Brougher died seized. (signed) Bert F. Landis Register of Wills Same day Letters of Administration issued to Annie Brougher and F. J. Brougher, widow and eldest son of said deceased. Bond in the sum of $15,000.00 filed. The following is typewritten. It has been copied here with no changes to spelling or markings.) IN THE ORPHANS' COURT OF SOMERSET COUNTY, Pa., In Re Estate of No.________________ Harrison Brougher, deceased TO THE HONORABLE, THE JUDGE OF THE SAID COURT: The petition of John R. Brougher and Charles V. Brougher respectfully represents: Your petitioners are minor children, over the age of fourteen years, of Harrison Brougher, late of Upper Turkeyfoot Township, Somerset County, Pa., deceased, and have no person legally authorized to take charge of their estate. They, therefore, pray to be permitted to make choice of a guardian for that purpose and they make choice of Etta Metzler (handwritten over a typewritten "F. J. Brougher", and scratched out "their oldest brother"), of said County, whom they respectfully ask may be appointed as guardian. They are informed and believe that the personal estate of decedent coming into the hands of the guardian will amount to about $1500.00 for the two. (signed) John R. Brougher (signed) Charlie V. Brougher SOMERSET COUNTY SS: John R. Brougher and Charles V. Brougher being duly sworn says that the facts set forth in the above petition are correct. Sworn and subscribed before (signed) John R. Brougher me this 9th day of October, 1914. (signed) Charlie V. Brougher (signed) Bert F. Landis At an Orphans Court held at Somerset, Pa. in and for said County this 9th October, 1914, the within petition have been presented, read and considered, the Court appoints (name handwritten) Etta Metzler as guardian of the said John R. Brougher and Charles V. Brougher and directs that she give bond in the sum of $1500.00 with sufficient surety for the faithful performance of the duties of her said trust. BY THE COURT (signed) Wm. H. Ruppel The following is typewritten. It has been copied here with no changes to spelling or markings.) IN THE ORPHANS' COURT OF SOMERSET COUNTY, Pa., In Re Estate of No.________________ Harrison Brougher, deceased TO THE HONORABLE, THE JUDGE OF THE SAID COURT: Your petitioner, Etta B. Metzler, respectfully represents: That she was duly appointed, by your Honorable Court, guardian of John R. Brougher and Charles V. Brougher, minor sons of Harrison Brougher, deceased that as such she has filed a bond, but that no money has come into her possession. Since this time some timber on the farm of Harrison Brougher has been sold and she would be required to furnish further bond. The duties of the office have, therefore, become inconvenient and burdensome for her and she, therefore, resigns the office and requests your Honorable Court to appoint another guardian in her stead. Respectfully submitted (signed) Etta B. Metzler SOMERSET COUNTY SS: Etta B. Metzler being duly sworn, says the facts set forth in the above petition are true. Sworn to and subscribed before me this 5th day of August, 1915. (signed) Etta B. Metzler (signed) Bert F. Landis Register (The following is typewritten. It has been copied here with no changes to spelling or markings.) IN THE ORPHANS' COURT OF SOMERSET COUNTY, Pa., In Re Estate of No.________________ Harrison Brougher, deceased P E T I T I O N TO THE HONORABLE, THE JUDGE OF THE SAID COURT: Etta B. Metzler, guardian of John R. Brougher and Charles V. Brougher, minor sons of Harrison Brougher, deceased, have resigned and there having no money come into her hands as guardian, your petitioners, both above the age of 14 years, request that another guardian be appointed and suggest their sister, Mattie B. Enos, a widow, be appointed guardian. Respectfully submitted. (signed) John Brougher (signed) Chas V. Brougher SOMERSET COUNTY SS: Annie Brougher, widow of Harrison Brougher, deceased, being duly sworn, says the facts set forth in the above petition are true and that Mattie Enos would be a satisfactory guardian for her two sons. Sworn to and subscribed before me this 5th day of August, 1915. (signed) Mrs. Annie Brougher (signed) Bert F. Landis The following is typewritten. It has been copied here with no changes to spelling or markings.) IN THE ORPHAN'S COURT OF SOMERSET COUNTY, PA., In Re Estate of No.__________________ Harrison Brougher, Deceased. PETITION TO SELL REAL ESTATE. TO THE HONORABLE, THE JUDGE OF THE SAID COURT: The petition of Mattie B. Enos (Mattie B. Enos is handwritten over the typewritten name of Etta Metzler here and elsewhere throughout this document.), guardian of John R. Brougher and Charles V. Brougher, minor children of Harrison Brougher, deceased, respectfully represents: That Harrison Brougher, late of Upper Turkeyfoot Township, Somerset County, Pa., died on the 16 day of Sept 1914, intestate, leaving to survive him a widow, Anna Brougher, and the following children: Etta Metzler, (intermarried with C. I. Metzler) Mattie Enos, (widow) F. J. Brougher, Lola Colburn, (intermarried with W. W. Colburn) John R. Brougher and Charles V. Brougher, minors, of whom your petitioner, Mattie B. Enos, is guardian, duly so appointed by your Honorable Court. The said children are seized of an equal undivided interest (subject to the widow's dower) of in and to a certain tract of land situate in Upper Turkeyfoot Township, Somerset County, Pa., containing three hundred thirty six (336) acres, more or less, and adjoining lands of Samuel Brougher, Frederick Younkin, Eli Younkin, Freeman Younkin, Daniel Rhoads, G. N. Smith's heirs, and others, and having situate on the said farm five certain pieces of standing timber which are described as follows; No. 1. A certain piece of timber situate in the westwardly corner of the farm, covering ten (10) acres, more or less, adjoining lands of Huff Coal Co., No. 2. A certian piece of timber situate on the northernly corner of the said farm containing ten (10) acres, more or less, adjoining lands of the Huff Coal Co., and Daniel Firestone on the northwardly side and Lyman Trimpey on the eastwardly side. No. 3. A certain piece of timber on the northwardly side of said farm containing eight (8) acres, more or less, and adjoining lands of D. W. Younkin and Lyman Trimpey on the westerwardly side. No. 4. A certain piece of timber on the extreme north eastwardly side of said farm containing five (5) acres, more or less, adjoining lands of D. W. Younkin on the northwardly side and Peter Younkin on the eastwardly side. No. 5. An angular shaped piece of timber containing thirty (30) acres, more or less, situate on the extreme south eastwardly side of said farm adjoining lands of John Younkin and Harvey Henry on the eastwardly side and Harvey Henry and Fred Ream on the westwardly side. The parties have gone over this farm and have marked out the lines as above described of all the said pieces of timber, and no timber whatsoever is to be cut outside of the lines of the tracts of timber above described, and any fences injured or destroyed by the taking and carrying away of the timber aforesaid shall be properly replaced in good condition by William Wilsman, his heirs or assigns. If at any places timber is cut to which fences are now fastened, the said trees cut down shall be replaced by good locust posts and the fences which have been town away shall befastened thereto again by the said William Wilsman, his heirs or assigns. Any tops of trees which cannot be so regulated may be dropped into the farming land, but must be immediately removed by the said William Wilsman, his heirs or assigns, therefrom and damage done to the farming land must be paid for by said William Wilsman, his heirs or assigns. The said William Wilsman, his heirs or assigns, to have the right of ingress and egress to cut and remove the said timber, but this right of ingress and egress does not extend to any of the farming land on the said Brougher farm, which shall remain untouched and unusued by the said William Wilsman, his heirs or assigns. The privelege to cut and remove the timber shall extend for a period of two years from the 16th of June, 1915, after which rights under any conveyance or decree of this court hereunder shall cease, determine and become null and void. The interest of the said minors is the undivided one-sixth each of in and to the said timber land subject to the dower of the widow. The heirs of age, and their wives or husbands, and the widow, have entered into an article of agreement with William Wilsman to purchase the entire title including the dower rights therein, for the sum of $2500.00 cash, which your petitioner verily believes and hereby represents, is a higher and better price than could be obtained at public sale under the circumstances, and that it would be for the interest, benefit and advantage of all the owners of said land, and particularly of said minors, to sell and convey the same at private sale, and that the same may be done without injury or prejudice to any trust, charity or purpose for this the same shall be held. Your petitioner, therefore, prays your Honorable Court to make an order authorizing her, acting in conjunction with the other heirs and the widow, to sell, grant and convey the above described timber to the said William Wilsman for the sum of $2500.00 as provided by the Act of the 18th April, 1853 and its supplements. And she will ever pray, etc., (signed) Mattie B. Enos Guardian of John R. Brougher and Charles V. Brougher (Handwritten) Somerset County p Mattie B. Enos being duly sworn says the facts in the above petition are true. (signed) Mattie B. Enos Sworn to and subscribed before me this 7 Aug 1915 (signed) Willis L. Mills Justice of the Peace D E C R E E. Now, 13 day of August, 1915, on consideration of the within petition and it appearing that all the parties interested have had due notice thereof and that the Court being of the opinion that it would be to the interest and advantage of those interested that said real estate should be sold and that it may be done without injury or prejudice to any trust, charity or purpose for which the same is held, and without violation of any law which may confer an immunity or exception from sale or alienation, and that it is a better and higher price than could be obtained at public sale under the circumstances, and that it is to the interst and advantage of the heirs that the said sale should be made, it is ordered and decreed that the said Mattie B. Enos (Mattie B. Enos is handwritten over a typed Etta Metzler), guardian of John R. Brougher and Charles V. Brougher, be authorized and empowered to sell the interest of the said minors in the premises described in the said petition to William Wilsman for the sum of $555.60 cash(and the interest of the minors in the widow's dower) and upon receipt of said cash purchase money, to execute and deliver a good and sufficient deed of conveyance of the same to the said purchaser, his heirs and assigns, in fee simple, or to join in a deed with the other heirs of the said Harrison Brougher, deceased, and the said title shall be indefeasible by any person or persons having a present or contingent interest in the said premises, and be unprejudiced by any error in the proceedings and free and discharged from the lien of any debts of decendent not of record, security being first entered by said guardian in the sum of eleven hundred ($1100.00) Dollars. BY THE COURT (signed) Wm. H. Ruppel P. J. (The following is typewritten. It has been copied here with no changes to spelling or markings.) FIRST AND FINAL ACCOUNT OF ANNIE BROUGHER AND FREEMAN J. BROUGHER, ADMINISTRATORS OF THE ESTATE OF HARRISON BROUGHER, LATE OF UPPER TURKEYFOOT TOWNSHIP, Deceased ----------------------------------------------------------------------------------------------------- Accountants charge themselves with the amount of the inventory and appraisement as filed $7386.95 Amount of cash found in the house and not in inventory 7.35 Amount of interest paid on certificate of deposit 15.00 Interest on Freeman J. Brougher $500.00 note 20.00 Interest on Freeman J. Brougher $1500.00 note 5.00 Amount received on appraisement above appraisement price 150.00 Amount received from W.W. Colburn, balance on cattle 50.00 $7634.30 ACCOUNTANTS CLAIM CREDIT FOR THE FOLLOWING DISBURSEMENTS, ect., Nov. 21st, 1914 Bert F. Landis, Register, letters of administration $ 14.50 Nov. 21st, 1914 Willis L. Mills, Affidavits and services, letter of Adm. 3.50 " " " Somerset County Leader, Administrators notice 4.00 " " " Taxes for 1914 on farm 24.07 " " " Mills & Gerhart, store bill of decedent 12.89 " " " Marcell Tressler, Ins. on live stock 1.00 " " " W. A. Leer, Fertilizer to decedent's farm 11.10 " " " Dr. H. P. Meyers, Medical Serv. 15.00 " " " Rev. J. W. Umstead, services at funeral 5.00 Dec. 24th, 1914 B. F. Clevenger, services and expenses taking out letters 3.30 " " " John Clevenger, Threshing and Labor 12.90 " " " Grave digging, C. G. Holiday 2.50 " " " W. L. Mills, Cemetary Lot 10.00 " " " D. F. Shultz, Undertaking 73.25 " " " D. W. Firestone, digging grave and labor 3.50 " " " Lyman Trimpey, labor 1.25 " " " H. P. Meyers, services, Reg. Of. 10.00 Feb. 23rd, 1915 E. E. King, services on estimating lumber 2.00 July 14th, 1915 Humbert Lumber Co., sawing lumber for decedent, 1914 5.90 October 28th, 1915 W. F. Shaffer Sons, Tombstone 200.00 Calvin Rush, appraiser 1.00 Wm. Leer, 1.00 Charles Metzler note at present uncollectible 92.00 Bert F. Landis, Register, this account 9.00 3rd March, 1915 J. Cal Liphart, Fire Insurance 9.00 Administrators charge for time, trouble, expenses and commissions 369.35 Services of E. E. Kiernan, attorney 75.00 $972.01 Balance for distribution $6662.29 Which is distributed as follows: $6662.29 One third to Annie Brougher, widow 2220.76 Balance to be distributed amoung the heirs 4441.53 Etta Metzler, $740.25 Mattie B. Enos, 740.25 Freeman J. Brougher 740.25 Lola Colborn 740.26 Mattie B. Enos, guardian of John R. Brougher 740.26 Mattie B. Enos, Guardian of Charles V. Brougher 740.26 $4441.53 $4441.53 SOMERSET COUNTY SS: Annie Brougher and Freeman J. Brougher, administrators above named, being duly sworn, say that the account above set forth is correct and true in all particulars as they verily believe Sworn to and subscribed before (signed) Mrs. Annie Brougher me this 28th day of Oct. (signed) F. J. Brougher 1915. (signed) Bert F. Landis STATE OF PENNSYLVANIA SOMERSET COUNTY, SS: I, Bert F. Landis, Register of Wills, in and for the County aforesaid, hereby certify the foregoing to be a true and correct copy of the First and Final Account of Annie Brougher and Freeman J. Brougher, Administrators of the estate of Harrison Brougher, late of Upper Turkeyfoot Township, Somerset County, Pennsylvania, and that I have caused notice to be given of the same according to law, that the same has passed Register and will be presented for confirmation and allowance at an Orphans' Court to held on Wednesday the 8th day of December, 1915, at Somerset, Pennsylvania. Certified under my hand and seal this 7th day of December, 1915. (signed) Bert F. Landis Register (The following is typewritten. It has been copied here with no changes to spelling or markings. Spelling of names are as they appear in the papers that were filed.) IN RE ESTATE IN THE ORPHANS' COURT OF OF SOMERSET COUNTY, PA HARRISON BRAUGHER, Late of Upper Turkeyfoot Township, Somerset County, Pa., No. Deceased TO THE HONORABLE WILLIAM H. RUPPEL, PRESIDENT JUDGE OF SAID COURT: The petition of Mattie B. Enos, Guardian of the estate of Charles V. Brougher, a minor child of Harrison Braugher, late of the County aforesaid, deceased, respectfully represents: The the said Harrison Braugher died intestate seized in fee of a tract of land situate in the Township of Upper Turkeyfoot, County of Somerset and State of Pennsylvania, adjoining lands now or formerly of Frederick Younkin, lands now or formerly of Eli Younkin, lands now or formerly of Daniel Rhoads, land of the Iron Coal and Coke Company, and others, containing three hundred thirty-six (336) acres, eighty-two (82) perches strict. Excepting, however, from the said tract of land a parcel as conveyed by the said Harrison Braugher and his wife to Isaac Firestone by deed dated 23rd March, 1901, and recorded in the office for the recording of deeds in and for Somerset County, in Deed Book Vol. 134 page 45. That the said Harrison Braugher left to survive him a widow, Anna Braugher, and the following children: Freeman Braugher, Lola intermarried with Wm. W. Colborn, Ettie intermarried with Charles Metzler, Mattie B. Enos, Charles V. Braugher for whom your petitioner is Guardian, and John Braugher, all of whom are of legal age except the said Charles V. Braugher. That the said tract of land is at present unproductive and free from encumbrances. That the return from the real estate will not amount to as much as will be realized from interest upon the proceeds of the sale thereof. That the said widow and other heirs of Harrison Braugher have entered into and agreement to sell the said tract of land to Wesley D. Younkin at and for the sum of Forty-Five Hundred ($4500.00) Dollars which was the highest bid upon said property at an offer of the same at public sale, one-third of which sum is to be paid presently, one-third in one year, without interest, and one-third thereof, to wit, Fifteen Hundred ($1500.00) Dollars to remain in the land, the interest of which is to be paid annually to Anna Braugher, the widow of Harrison Braugher during her lifetime and at her death the said principal sum of Fifteen Hundred ($1500.00) Dollars to be paid to the heirs of the said Harrison Braugher, deceased. Your petitioner deems it to be for the advantage of her said ward that his interest therein should be sold and the proceeds thereof invested for his benefit. It is further the desire of the widow and all the other heirs that your petitioner shall be authorized to join with them in the conveyance of the said tract of land to the said Wesley D. Younkin. Your petitioner therefore respectfully prays your Honorable Court to make an order authorizing her, as Guardian, as aforesaid, to unite with the widow and other heirs of the said Harrison Braugher in selling the said real estate to the said Wesley D. Younkin, at and for the consideration price herein mentioned, of which sum your petitioner, as Guardian, will receive presented for her ward, under the terms of sale, one-sixth of the said Three Thousand ($3000.00) Dollars, pursuant to the provisions of the Act of Assembly entitled "An Act relative to the sale and conveyance of real estate" approved April 15th, 1853. (signed) Mattie B. Enos Guardian of Charles V. Braugher Somerset County: SS: Personally appeared before me, a Notary Public in and for said County, Mattie B. Enos, who being duly sworn according to law, says that the facts set forth in the foregoing petition are correct and true as she verily believes. (signed) Mattie B. Enos Sworn before me this 20th day of February, A.D. 1917. (signed) Nelle Glessner Notary Public DECREE. AND NOW, This 20th day of February, 1917, the within petition being presented and read, and it appearing from the same that it is the desire of all parties interested in the estate of the said Harrison Braugher, deceased, that the real estate in said petition described, shall be sold, the Court upon due consideration, being satisfied that it would be to the interest of the said minor that such sale shall be made, and that the same can be made without prejudice to any trust or other purpose for which said property is held, hereby grant the prayer of the petitioner and do order and decree that the said Mattie B. Enos, Guardian of Charles V. Braugher, unite with the widow and other heirs of said Harrison Braugher in a deed for the said premises for the consideration therein mentioned. BY THE COURT, (signed) Wm H. Ruppel P.J.