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Robert R Church

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Robert R Church

Birth
New York, USA
Death
Jul 1846 (aged 59–60)
New Cumberland, Cumberland County, Pennsylvania, USA
Burial
Burial Details Unknown Add to Map
Memorial ID
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Robert R. Church was born 7 Oct 1785 in possibly Jericho (now Bainbridge), Chenango County, New York. His siblings were: Nancy 1783-1855, Henry 1787-1868, Francis 1793-1841, Jeremiah "Jerry" 1796-1874, Jesse 1798-1829, Elizabeth 1801-1832 (George Crist), William 1803, Mary 1805-1837, and Willard 1808- aft 1850.

Genealogical and Personal History of Northern Pennsylvania, by John W. Jordan, LLD, Volume III, 1913, page 937, The Church Line is listed.
HERE ALSO:
Biographical and Genealogical History of the City of Newark and Essex County, New Jersey, Frederick William Ricord, Sophia B. Ricord, Lewis Publishing Company, 1898, pages 404-406.

Another version of the Church Family History is found here:
The Founders and Builders of the Oranges: Comprising a History of the Outlying District of Newark, Subsequently Known as Orange, and of the Later Internal Divisions, Viz, South Orange, West Orange, and East Orange 1666-1896, By Henry Whittemore, 1896, page 376-377, The Church Family, with photo of Edward Francis Church.

Robert's brother Jeremiah "Jerry" Church was the founder of Lock Haven, Clinton County, PA and several other towns that he laid out. According to Jeremiah's "Journals of Travels, Adventures and Remarks of Jerry Church", he mentioned several times that while on his adventures "he stopped to see his older brother Robert Church at New Cumberland, Cumberland County, PA. Another time he mentions seeing them near Harrisburg, PA with Elizabeth now married to George Crist."

Robert first married Matilda Begler/Bigler who died before 1842. They had the following children:
1. Adaline who died before 1840 (LeRue Lehmer Sr) and two sons Robert C and LeRue Jr.
2. George H 1820-1877 (Emma) one son George Jr died before 1877.
3. Henry 1821-1850 (Julian R Reninger), children: Matilda R, Henry A M, Robert Renniner, Ida Lilly, and Mary Virginia
4. Matilda 1824-1908 (George Rankin Nebinger), children: Adaline, Caroline, Lena, Lockwood, Henry, Anna R, Mary G, and Matilda J.
5. Robert Robins 1827-1852 (Catherine Shelly Smith), children, one unknown and Robert Shelly
6. Catharine 1827- 1854-1860 (Col. Benjamin F Lee in John White Geary's unit), children, Mary Lee. Had daughter 1854 and she is with her aunt Mary Geary in 1860, so Catharine died 1854-1860 & her husband 1877.
7. Mary C 1828-1913 (1 Dr William John Henderson, 2 John White Geary 3 Henry Ernest Goodman) children William J Henderson, Mary Geary, Margaret Geary, Eva Geary, and John Geary. Politician Goes to War, The Civil War Letters of John White Geary, page 6.
Benjamin F. Lee, whom Geary called "Frank," was in the lumber business with Henry Church, Mary Geary's eldest brother. Lee performed commissary duties for the regiment. After the war, Governor Geary appointed Lee grain measurer for Philadelphia and then as a private secretary during the governor's second term. Lee went on to serve as an Indian agent under President Ulysses S. Grant.
8. John B. 1833-1903 (Elizabeth Brenneman) children: Martin B, John Geary, Robert, and William.

The History of Cumberland County, Pennsylvania, Part II, Borough of New Cumberland, Robert Church, Matilda Bigler, and daughter Mary Church. A large grain depot was erected by Mr. Haldeman in 1826, which supplied a terminal marker for the Cumberland valley. Here the great teams which were used in those days might have been discharging their loads of grain, reloading with lumber ere starting again upon their homeward trip. At this time the lumber trade was carried on extensively. Prior to 1814 there were two lumber yards, one just north of town belonged to John Christ and Robert Church, and another, on the south side of the creek, to John Poist, who built and kept what was known as the White Tavern. Mr. Church married Miss Bigler, and their daughter Mary became the wife of Gov. Geary, and presided at the executive mansion during his term of office.

When Matilda died, Robert Church married Catharine P. and their children were:
1. Lockwood died before 1847
2. Comfort 1842-1861

Robert settled and remained in Cumberland County, PA. He can be found at the following census:
1820 Allen, Cumberland, PA: 2 males under 10 (George H & Henry), 2 males 26-44 (Robert), 1 female under 10 (Adaline), 1 female 26-44 (Matilda).
1830 Allen Cumberland, PA: 1 male under 5 (Robert Jr), 1 male 5-9 (Henry), 1 male 10-14 (George H, 1 male 20-29 , 1 male 30-39 (Robert), 2 females under 5 (Mary & Catherine), 1 female 5-9 (Matilda), 1 female 15-19 (possible Adaline),and 1 female 30-39 (Matilda).
1840 Cumberland, PA: 1 male 5-9, 1 male 10-14 (John B), 1 male 50-59 (Robert), 2 females 10-14 (Mary & Catherine), 2 females 15-19 (Matilda), 1 female 20-29 (Adaline).

Robert R Church was in the lumber business and was involved in a case where he did not receive his payment as promised as noted in the following:
Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Volume 37, 1853, pages 240-242. Davis against Church. Upon the death of a partner, the claims of the firm survive to the survivor and may be prosecuted in his own name. Robert R. Church v. James Davis, No. 275, August Term, 1832. The plaintiff files his claim, amounting to $200.32, due him for lumber furnished to James Davis, architect, and by him used in the erection of a certain frame stable for the directors of the Poor and House of Employment for the county of Cumberland.

Robert R. Church died about July 1846 in New Cumberland, Cumberland County, PA. It is unsure where he or his wives burials are. His estate was quite large and involved real estate. All his children were named in that estate or their heirs to their share as follows:
Cumberland County, PA Orphan's Court Dockets, Volume 21, page 82, June Orphan's Court 1877.
R. R. Church, Dec'd. No. 167, June 1877, Sadler.
The petition of John B. Church respectfully represents that Robert R. Church late of the Borough of New Cumberland died leaving to survive a widow Cath P Church and eight children and three grandchildren to ? Matilda Church intermarried with George R. Nebinger, Mary C. Church now intermarried with H. E. Goodman and your petitioner who are now living and Robert R. Church who was married and having died left to survive him two children and a widow Catharine S. Church the said children have since died unmarried and without issue and their said mother now survives them, and Henry Church who is now dead and who has left to survive him a widow Julia Ann R. Church and four children now living and Catharine Church who was intermarried with B. J. Lee and who is also now deceased and leaving to survive her one child to wit Mary Lee, and Lockard Church who died without issue and unmarried. shortly after the decease of the said Robert R. Church and before any disposition of decedents real estate had been made and Comfort unmarried and without issue. The said Lockwood and Comfort Church being the only children the said Robert R. Church had by his said wife and widow Catharine P. Church the other children having been born to him by a former wife. He also left to survive grandchildren George Church who the only son of his son George Church, then dec'd, and Robert C. Lehman and LeRue Lehman who were children of his daughter Adaline Church who had been intermarried with LeRue Lehman Sr and who was then dec'd

Your Petitioner further states that an inquistion was had on the estate of the said Robert R. Church dec'd that a portion of the same was taken by the heirs and legal representatives of said decedent and other portions of it sold. That recognizances were taken from those to whom said real estate was confirmed which recognizances are recorded in Orphan's Court Dockets No.s 12 pages 86, 52, 128, 129, 130, 131, 132, 154, 295, 196, 400, 401, 402, and 403. And No. 13 pages 260, 261, 384, & 385. in the office of the clerk of the Orphan's Court of Cumberland County which secured to the said children and grandchildren their respective shares in the estate of the said Robert R. Church dec'd payable so well before the death of the said widow Catharine P. Church as after the same.

Your Petitioner further avers that the said Catharine P. Church is now dead and that questions of Law arise as to the distribution of the interests or shares of the said Comfort Church, Lockwood Church and Robert R. Church in the said Recognizances which were to be paid after the decease of the aforesaid widow.
That it is agreed to consider same in Court for distribution he therefore prays your honorable court to appoint an auditor to make distribution of that portion of the said recognizances to which they said Comfort Church Lockwood Church and Robert R. Church would have been entitled had they survived their said mother Catharine P. Church and he will ever pray and also prays for a rule on the recognizances & presents they should not pay said shares into this court. J. B. Church.
Sworn and Subscribed before one this 4 day of June 1877 D B Sterick, Cleck CC
Now to wit: 14 June 1877 By consent the money considered in court and Edward B Watts Esq is appointed Auditor to upon the facts and make distribution and it being suggested some heirs have since died the auditor will report the facts as to them and ascertain and report a distribution of the find. By the Court.

Cumberland County, PA Orphan's Court Dockets, Volume 21, page 281.
R. R. Church.
The undersigned auditors appointed by your Honorable Court ? and report its facts in an ? matter of the recognizances in the estate of R. R. Church dec'd as to what heirs have died and to report a distribution of the paid ? by said recognizances respectfully by a leave to report as follows, That having given due and legal ? of ? and ? of ? xxxx R. R. Church of New Cumberland, Cumberland County died 21 July 1846 intestate on 18 August 1846 on petition of Henry ? Church a son are inquest was awarded to make petition of this real estate the parties in interest wer
Catharine Church widow,
1. Henry Church who died 10 Oct 1850 intestate leaving to survive him a widow Johann Church and children viz Henry A , M Matilda R now intermarried with P A Keller, Robert R, Ida L, Mary D, Mary has since died intestate & unmarried.
2. Robert R. Church who died Sept 1852 leaving a wife Catharine S Church and one child Robert S. Church he made a will duly proven wherein he gave a specific bequest to his son and made his wife his residuary, after the son died 10 Aug 1854 unmarried and intestate the wife still survives.
3. John B. Church
4. Matilda Church intermarried with G. R. Nebinger,
5. Catharine Church afterwards intermarried with B. F. Lee now dead and husband dead left one child Mary Lee
6. Mary C Church now intermarried with H. E. Goodman
7. George H. Church son of George Church dec'd who was son of R. R. Church died 18 July 1877 having previously assigned his interest in the recognizances to Peters & Bro of Middletown see Mis Rec. B No. 5, p 44&45.
8. Robert C Lehmer and LeRue L Lehmer children of Adaline Church died who was a daughter of R. R. Church and who had been intermarried with LeRue Lehmer Jr Robert C. Lehmer is dead and his heirs are at this time unknown
9. Comfort Church now dead
10 Lockwood Church died 25 Jan 1847
R. R. Church had been twice married and had the eight first named children by his first wife who died some years before him and two children viz Comfort and Lockwood by his second wife and widow Catharine Church who survived him. The request to make petition made a return which was confirmed the only portions of the real estate taken by the heirs were the Bridge Property and same Mountain land by Henry Church and Lots NO. 102 & 103 in New Cumberland by G. R. Nebringer in right of his wife. Orders of sale were ? time to time granted by the court owed the remaining real estate sold recognizances were entered into by Henry Church and G. R. Nebinger and the purchases to same with ? the life interest of the widow in said real estate on 25 Jan 1847 pending the proceedings in partition and before any of the land was taken by the heirs or sold Lockwood Church died intestate and unmarried on 27 April 1847 L. G. Brand?bery in ? appointed auditor to take testimony and report the facts as to advancements made by R. R. Church in his life time to any of his heirs on 15 Febry 1848 his report was filed, (OC DK No. 124, 126-127) which became the basis of taking of all the recognizances he decided that Comfort Church was entitled to Lockwood's interest in the real estate upon the death of Catharine Church the widow who was to receive the interest thereon during her life some years after Comfort died intestate and unmarried the widow of R. R. Church died 2 May 1877 and she having died ? duty imposed upon your auditor is to determine to whom the principal sums ? by said Recognizances are now payable the recognizances and their conditions are in brief as follows:
a list of figures and amounts $
Bridge Property taken by Henry Church
Mountain Land Henry Church
Lots 102 & 103 G. R. Nebinger
Because of advancements to George by his father his representatives were not to receive any portion of the fund ? by the above recognizances
(20 Lots sold)
Comfort Church having died intestate and unmarried before her mother the question is who is entitled to her share secured by the above recognizances will the administrator of her mother take it on her half brothers and sisters or their representatives as the law is laid down in the books it sums to be very clear that it passes as personally and therefore should to to the administrator of her mother Ebbs ? Caouth? Jones 377 McCounis? appeal 15 P.F. S. 450 Hays appeal 2 P. F. S. 450 & c. and it is so awarded to John F. Lee adm of Mrs. Catharine Church dec'd the interest of Henry Church he being dead passes to his children (? ) 15 to each the share of Mary Virgninia dec'd goes to her mother Johnanna Church the interest of R. R. Church Jr son dec'd passes to his widow Catharine S. Church not only under his will but under the law his son Robert S. Church having died shortly after his father.
1 John B. Church still survives.
2 Matilda Church intermarried with G. R. Nebinger still survives
3 The interest of Catharine Church now goes to her daughter Mary Lee.
4 Mary Church now intermarried with H. E. Goodman still suvives.
5 The interest of George ? Church passes uner an assignment to Peter's Bro Of Middletown.
6 Robert C Lehmer is dead to his heis or legal respresentatives passes his interet by they are unknown to your auditor
7 LeRue Lehmer still survives
Let the distribution and payments be made in accordance with the above conclusions. The costs of this audit should of course come out of the fund secured by the recognizances. If the sum ? on Lot 82 sold to Adam Bukley (139.99) should be appropriated to the costs and paid to the Clerk it would avoid confusion.
Cost of Audit (List of fees totaling $39.99).
Filed 12 Nov 1877 and confirmed ? by the Court.
Exception filed 16 November 1877
Per Curia?
8 That the shares out of the proceeds of the real estate of R. R. Church dec'd taken and sold under proceedings in Partition in the Orphan's Court secured by the Recognizances in this case to those of his children who have since died are distributable as personally is sustained by a line of cases ? Grider as McClay 1 S & R 224 down to Sayers Appeals 29 P F Smith 429 But the Counsel for the Recognizances and present owners of the land bound by the recognizances are payable only to their administrators through whom the distribution should be made and they object to paying the survey to any others then to the administrators. This objection is well grounded the administrators of the deceased recognizances are in the first instance entitled to the fund? to ? the demands of auditors and they only can fully satisfy the record Let administrators be paied? for those who not heirs represented and the proper decree will be made for the present we dismiss the exception filed by the surviving children of R. R. Church deceased.
And now to wit 14 January 1878 exception dismissed. By the Court.
Robert R. Church was born 7 Oct 1785 in possibly Jericho (now Bainbridge), Chenango County, New York. His siblings were: Nancy 1783-1855, Henry 1787-1868, Francis 1793-1841, Jeremiah "Jerry" 1796-1874, Jesse 1798-1829, Elizabeth 1801-1832 (George Crist), William 1803, Mary 1805-1837, and Willard 1808- aft 1850.

Genealogical and Personal History of Northern Pennsylvania, by John W. Jordan, LLD, Volume III, 1913, page 937, The Church Line is listed.
HERE ALSO:
Biographical and Genealogical History of the City of Newark and Essex County, New Jersey, Frederick William Ricord, Sophia B. Ricord, Lewis Publishing Company, 1898, pages 404-406.

Another version of the Church Family History is found here:
The Founders and Builders of the Oranges: Comprising a History of the Outlying District of Newark, Subsequently Known as Orange, and of the Later Internal Divisions, Viz, South Orange, West Orange, and East Orange 1666-1896, By Henry Whittemore, 1896, page 376-377, The Church Family, with photo of Edward Francis Church.

Robert's brother Jeremiah "Jerry" Church was the founder of Lock Haven, Clinton County, PA and several other towns that he laid out. According to Jeremiah's "Journals of Travels, Adventures and Remarks of Jerry Church", he mentioned several times that while on his adventures "he stopped to see his older brother Robert Church at New Cumberland, Cumberland County, PA. Another time he mentions seeing them near Harrisburg, PA with Elizabeth now married to George Crist."

Robert first married Matilda Begler/Bigler who died before 1842. They had the following children:
1. Adaline who died before 1840 (LeRue Lehmer Sr) and two sons Robert C and LeRue Jr.
2. George H 1820-1877 (Emma) one son George Jr died before 1877.
3. Henry 1821-1850 (Julian R Reninger), children: Matilda R, Henry A M, Robert Renniner, Ida Lilly, and Mary Virginia
4. Matilda 1824-1908 (George Rankin Nebinger), children: Adaline, Caroline, Lena, Lockwood, Henry, Anna R, Mary G, and Matilda J.
5. Robert Robins 1827-1852 (Catherine Shelly Smith), children, one unknown and Robert Shelly
6. Catharine 1827- 1854-1860 (Col. Benjamin F Lee in John White Geary's unit), children, Mary Lee. Had daughter 1854 and she is with her aunt Mary Geary in 1860, so Catharine died 1854-1860 & her husband 1877.
7. Mary C 1828-1913 (1 Dr William John Henderson, 2 John White Geary 3 Henry Ernest Goodman) children William J Henderson, Mary Geary, Margaret Geary, Eva Geary, and John Geary. Politician Goes to War, The Civil War Letters of John White Geary, page 6.
Benjamin F. Lee, whom Geary called "Frank," was in the lumber business with Henry Church, Mary Geary's eldest brother. Lee performed commissary duties for the regiment. After the war, Governor Geary appointed Lee grain measurer for Philadelphia and then as a private secretary during the governor's second term. Lee went on to serve as an Indian agent under President Ulysses S. Grant.
8. John B. 1833-1903 (Elizabeth Brenneman) children: Martin B, John Geary, Robert, and William.

The History of Cumberland County, Pennsylvania, Part II, Borough of New Cumberland, Robert Church, Matilda Bigler, and daughter Mary Church. A large grain depot was erected by Mr. Haldeman in 1826, which supplied a terminal marker for the Cumberland valley. Here the great teams which were used in those days might have been discharging their loads of grain, reloading with lumber ere starting again upon their homeward trip. At this time the lumber trade was carried on extensively. Prior to 1814 there were two lumber yards, one just north of town belonged to John Christ and Robert Church, and another, on the south side of the creek, to John Poist, who built and kept what was known as the White Tavern. Mr. Church married Miss Bigler, and their daughter Mary became the wife of Gov. Geary, and presided at the executive mansion during his term of office.

When Matilda died, Robert Church married Catharine P. and their children were:
1. Lockwood died before 1847
2. Comfort 1842-1861

Robert settled and remained in Cumberland County, PA. He can be found at the following census:
1820 Allen, Cumberland, PA: 2 males under 10 (George H & Henry), 2 males 26-44 (Robert), 1 female under 10 (Adaline), 1 female 26-44 (Matilda).
1830 Allen Cumberland, PA: 1 male under 5 (Robert Jr), 1 male 5-9 (Henry), 1 male 10-14 (George H, 1 male 20-29 , 1 male 30-39 (Robert), 2 females under 5 (Mary & Catherine), 1 female 5-9 (Matilda), 1 female 15-19 (possible Adaline),and 1 female 30-39 (Matilda).
1840 Cumberland, PA: 1 male 5-9, 1 male 10-14 (John B), 1 male 50-59 (Robert), 2 females 10-14 (Mary & Catherine), 2 females 15-19 (Matilda), 1 female 20-29 (Adaline).

Robert R Church was in the lumber business and was involved in a case where he did not receive his payment as promised as noted in the following:
Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Volume 37, 1853, pages 240-242. Davis against Church. Upon the death of a partner, the claims of the firm survive to the survivor and may be prosecuted in his own name. Robert R. Church v. James Davis, No. 275, August Term, 1832. The plaintiff files his claim, amounting to $200.32, due him for lumber furnished to James Davis, architect, and by him used in the erection of a certain frame stable for the directors of the Poor and House of Employment for the county of Cumberland.

Robert R. Church died about July 1846 in New Cumberland, Cumberland County, PA. It is unsure where he or his wives burials are. His estate was quite large and involved real estate. All his children were named in that estate or their heirs to their share as follows:
Cumberland County, PA Orphan's Court Dockets, Volume 21, page 82, June Orphan's Court 1877.
R. R. Church, Dec'd. No. 167, June 1877, Sadler.
The petition of John B. Church respectfully represents that Robert R. Church late of the Borough of New Cumberland died leaving to survive a widow Cath P Church and eight children and three grandchildren to ? Matilda Church intermarried with George R. Nebinger, Mary C. Church now intermarried with H. E. Goodman and your petitioner who are now living and Robert R. Church who was married and having died left to survive him two children and a widow Catharine S. Church the said children have since died unmarried and without issue and their said mother now survives them, and Henry Church who is now dead and who has left to survive him a widow Julia Ann R. Church and four children now living and Catharine Church who was intermarried with B. J. Lee and who is also now deceased and leaving to survive her one child to wit Mary Lee, and Lockard Church who died without issue and unmarried. shortly after the decease of the said Robert R. Church and before any disposition of decedents real estate had been made and Comfort unmarried and without issue. The said Lockwood and Comfort Church being the only children the said Robert R. Church had by his said wife and widow Catharine P. Church the other children having been born to him by a former wife. He also left to survive grandchildren George Church who the only son of his son George Church, then dec'd, and Robert C. Lehman and LeRue Lehman who were children of his daughter Adaline Church who had been intermarried with LeRue Lehman Sr and who was then dec'd

Your Petitioner further states that an inquistion was had on the estate of the said Robert R. Church dec'd that a portion of the same was taken by the heirs and legal representatives of said decedent and other portions of it sold. That recognizances were taken from those to whom said real estate was confirmed which recognizances are recorded in Orphan's Court Dockets No.s 12 pages 86, 52, 128, 129, 130, 131, 132, 154, 295, 196, 400, 401, 402, and 403. And No. 13 pages 260, 261, 384, & 385. in the office of the clerk of the Orphan's Court of Cumberland County which secured to the said children and grandchildren their respective shares in the estate of the said Robert R. Church dec'd payable so well before the death of the said widow Catharine P. Church as after the same.

Your Petitioner further avers that the said Catharine P. Church is now dead and that questions of Law arise as to the distribution of the interests or shares of the said Comfort Church, Lockwood Church and Robert R. Church in the said Recognizances which were to be paid after the decease of the aforesaid widow.
That it is agreed to consider same in Court for distribution he therefore prays your honorable court to appoint an auditor to make distribution of that portion of the said recognizances to which they said Comfort Church Lockwood Church and Robert R. Church would have been entitled had they survived their said mother Catharine P. Church and he will ever pray and also prays for a rule on the recognizances & presents they should not pay said shares into this court. J. B. Church.
Sworn and Subscribed before one this 4 day of June 1877 D B Sterick, Cleck CC
Now to wit: 14 June 1877 By consent the money considered in court and Edward B Watts Esq is appointed Auditor to upon the facts and make distribution and it being suggested some heirs have since died the auditor will report the facts as to them and ascertain and report a distribution of the find. By the Court.

Cumberland County, PA Orphan's Court Dockets, Volume 21, page 281.
R. R. Church.
The undersigned auditors appointed by your Honorable Court ? and report its facts in an ? matter of the recognizances in the estate of R. R. Church dec'd as to what heirs have died and to report a distribution of the paid ? by said recognizances respectfully by a leave to report as follows, That having given due and legal ? of ? and ? of ? xxxx R. R. Church of New Cumberland, Cumberland County died 21 July 1846 intestate on 18 August 1846 on petition of Henry ? Church a son are inquest was awarded to make petition of this real estate the parties in interest wer
Catharine Church widow,
1. Henry Church who died 10 Oct 1850 intestate leaving to survive him a widow Johann Church and children viz Henry A , M Matilda R now intermarried with P A Keller, Robert R, Ida L, Mary D, Mary has since died intestate & unmarried.
2. Robert R. Church who died Sept 1852 leaving a wife Catharine S Church and one child Robert S. Church he made a will duly proven wherein he gave a specific bequest to his son and made his wife his residuary, after the son died 10 Aug 1854 unmarried and intestate the wife still survives.
3. John B. Church
4. Matilda Church intermarried with G. R. Nebinger,
5. Catharine Church afterwards intermarried with B. F. Lee now dead and husband dead left one child Mary Lee
6. Mary C Church now intermarried with H. E. Goodman
7. George H. Church son of George Church dec'd who was son of R. R. Church died 18 July 1877 having previously assigned his interest in the recognizances to Peters & Bro of Middletown see Mis Rec. B No. 5, p 44&45.
8. Robert C Lehmer and LeRue L Lehmer children of Adaline Church died who was a daughter of R. R. Church and who had been intermarried with LeRue Lehmer Jr Robert C. Lehmer is dead and his heirs are at this time unknown
9. Comfort Church now dead
10 Lockwood Church died 25 Jan 1847
R. R. Church had been twice married and had the eight first named children by his first wife who died some years before him and two children viz Comfort and Lockwood by his second wife and widow Catharine Church who survived him. The request to make petition made a return which was confirmed the only portions of the real estate taken by the heirs were the Bridge Property and same Mountain land by Henry Church and Lots NO. 102 & 103 in New Cumberland by G. R. Nebringer in right of his wife. Orders of sale were ? time to time granted by the court owed the remaining real estate sold recognizances were entered into by Henry Church and G. R. Nebinger and the purchases to same with ? the life interest of the widow in said real estate on 25 Jan 1847 pending the proceedings in partition and before any of the land was taken by the heirs or sold Lockwood Church died intestate and unmarried on 27 April 1847 L. G. Brand?bery in ? appointed auditor to take testimony and report the facts as to advancements made by R. R. Church in his life time to any of his heirs on 15 Febry 1848 his report was filed, (OC DK No. 124, 126-127) which became the basis of taking of all the recognizances he decided that Comfort Church was entitled to Lockwood's interest in the real estate upon the death of Catharine Church the widow who was to receive the interest thereon during her life some years after Comfort died intestate and unmarried the widow of R. R. Church died 2 May 1877 and she having died ? duty imposed upon your auditor is to determine to whom the principal sums ? by said Recognizances are now payable the recognizances and their conditions are in brief as follows:
a list of figures and amounts $
Bridge Property taken by Henry Church
Mountain Land Henry Church
Lots 102 & 103 G. R. Nebinger
Because of advancements to George by his father his representatives were not to receive any portion of the fund ? by the above recognizances
(20 Lots sold)
Comfort Church having died intestate and unmarried before her mother the question is who is entitled to her share secured by the above recognizances will the administrator of her mother take it on her half brothers and sisters or their representatives as the law is laid down in the books it sums to be very clear that it passes as personally and therefore should to to the administrator of her mother Ebbs ? Caouth? Jones 377 McCounis? appeal 15 P.F. S. 450 Hays appeal 2 P. F. S. 450 & c. and it is so awarded to John F. Lee adm of Mrs. Catharine Church dec'd the interest of Henry Church he being dead passes to his children (? ) 15 to each the share of Mary Virgninia dec'd goes to her mother Johnanna Church the interest of R. R. Church Jr son dec'd passes to his widow Catharine S. Church not only under his will but under the law his son Robert S. Church having died shortly after his father.
1 John B. Church still survives.
2 Matilda Church intermarried with G. R. Nebinger still survives
3 The interest of Catharine Church now goes to her daughter Mary Lee.
4 Mary Church now intermarried with H. E. Goodman still suvives.
5 The interest of George ? Church passes uner an assignment to Peter's Bro Of Middletown.
6 Robert C Lehmer is dead to his heis or legal respresentatives passes his interet by they are unknown to your auditor
7 LeRue Lehmer still survives
Let the distribution and payments be made in accordance with the above conclusions. The costs of this audit should of course come out of the fund secured by the recognizances. If the sum ? on Lot 82 sold to Adam Bukley (139.99) should be appropriated to the costs and paid to the Clerk it would avoid confusion.
Cost of Audit (List of fees totaling $39.99).
Filed 12 Nov 1877 and confirmed ? by the Court.
Exception filed 16 November 1877
Per Curia?
8 That the shares out of the proceeds of the real estate of R. R. Church dec'd taken and sold under proceedings in Partition in the Orphan's Court secured by the Recognizances in this case to those of his children who have since died are distributable as personally is sustained by a line of cases ? Grider as McClay 1 S & R 224 down to Sayers Appeals 29 P F Smith 429 But the Counsel for the Recognizances and present owners of the land bound by the recognizances are payable only to their administrators through whom the distribution should be made and they object to paying the survey to any others then to the administrators. This objection is well grounded the administrators of the deceased recognizances are in the first instance entitled to the fund? to ? the demands of auditors and they only can fully satisfy the record Let administrators be paied? for those who not heirs represented and the proper decree will be made for the present we dismiss the exception filed by the surviving children of R. R. Church deceased.
And now to wit 14 January 1878 exception dismissed. By the Court.


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