John Yinger 1876 Estate File Narrative
Introduction and Summary
The transcripts for the estate documents of John Yinger were prepared from the original documents which are in the York county archives in York, Pennsylvania.
John Yinger was a son of Anthony and Magdalena Broband Yinger and, therefore, a grandson of Johann Paul Jünger, the Palatine immigrant who came to America through Philadelphia in 1748.
According to his tombstone where he is buried in the Salem cemetery in Fairview township of York county, Pennsylvania, he died on August 20, 1871 at the age of 79 years 7 months and 10 days. Therefore, his birth date calculates to be January 10, 1792. John had three brothers (Jacob, George and Martin) and five sisters (Elizabeth, Mary, Nancy, Catherine, and Sally (Sarah). The life and times of their parents, Anthony and Magdalena, are discussed in another section of this web site.
John married a woman named Rebecca. Her maiden name has not been discovered. According to her tombstone where she is buried next to her husband, she died on December 29, 1876 “in her 72nd year” about five years after her husband John died. Careful examination of the 1830, 1840, 1850 and 1860 censuses for Newberry (Newbury) township where they lived suggests they had 6 daughters and three sons. The life and times of John and Rebecca Yinger and their family are discussed in another section of this web site.
From the estate file documents it appears that settlement of the estate of John Yinger was postponed from 1871 when John died until 1876 when his wife Rebecca died. It seems the claimants on the estate mercifully allowed Rebecca to live out her days before forcing settlement on her deceased husband’s estate to pay debts owed by John at the time of his death in 1871.
When John’s father Anthony Yinger died in 1829, Anthony’s estate file indicates John acquired the 45 acre farm in Newberry Township from his father’s estate. Anthony also owned another 26 acres which he had purchased from Joseph Glancy in 1801. According to Fairview Township tax lists, this property appears to have passed to John after his father’s death in 1829 as well.
A review of the various documents in John Yinger’s estate file discloses no mention of these two properties. It appears that John and Rebecca must have sold these two tracts of land acquired from Anthony Yinger’s estate over the course of their lifetimes.
Transcripts prepared from the original documents in John Yinger’s estate file are included on this web site and can be viewed by following the links at the bottom of this introduction and summary. The documents which comprise John Yinger’s estate file with my comments about certain important items to note are as follows:
The Widow’s Appraisement of John Yinger’s estate
On August 19, 1876, five years after the death of John Yinger in 1871, John and Joseph Prowell filed a widow’s appraisement listing the personal property kept by John Yinger’s widow Rebecca after his death. They cited laws of the state of Pennsylvania as providing for widows of decedents the right to retain property “to the value of $300” from their deceased husband’s estates.
The property listed consists of household furniture and furnishings. The value of these items was appraised at $31.45. As a result, the appraisers noted in the document that Rebecca would be entitled to a portion of the proceeds from the sale of her house and land located in Newberry Township York County Pennsylvania when it was sold. The amount she was entitled to was $268.55 which when added to the $31.45 in household items she kept totaled the $300 allowed amount.
As previously noted, Rebecca died in December, 1876 just several months after the date of the filing of the widow’s appraisement which mentioned the expected sale of the home and land Rebecca and John Yinger had lived in. Probably her health was failing and it was agreed it would be in her best interest to sell the home and settle the outstanding claims against her husband John’s estate left over from 1871 when he died.
A review of the list of all of the household items once again emphasizes the simple and uncluttered life style of our ancestors. They did not accumulate a lot of “stuff” by modern standards.
The Real Estate sale bond of John Yinger’s Estate
On August 23, 1876 John Sweeney and John S. Prowell posted a bond for $800 for the purpose of seeking authorization from the Orphan’s court “to sell certain real estate of the said John Yinger deceased, for the purpose of paying debts of said decedent.”
Later documents reveal that John Sweeney was the most material creditor of John Yinger at the time of his death. Those documents also reveal that John S. Prowell was a next door neighbor of the Yingers.
Petition to Sell Real Estate for the Payment of Debts
On August 23, 1876 John Sweeney as administrator for John Yinger’s estate petitioned the Orphan’s court for permission to sell his real estate. This document describes the real estate as being located on the road between Newberrytown and Harriburg, Pennsylvania. It adjoined lands of John S. Prowell and John Brinton. It contained about three acres. On the land stood “a two story weather boarded house, frame stable, etc.”
The petitioner explained that the entire personal estate was retained by John Yinger’s widow leaving no other assets for liquidation toward paying the debts of the decedent. As a result, the sale of the real estate was necessary to pay those outstanding debts. Mention is made of one such debt being an “exemption note to John Sweeney with interest $80.” The petition also estimated the real estate to be worth about $400.
The Real Estate sale Order of John Yinger’s Estate
According to this document dated August 23, 1876 the Orphan’s Court approved the petition of John Sweeney, the Administrator of John Yinger’s estate, to sell his real estate after having given appropriate legal notices.
As a result this document further states that John Sweeney did expose the real estate to public auction on October 7, 1876 on the premises. The property was sold to Harrison R. Austin for $440. The Orphan’s Court affirmed the sale on October 11, 1876.
Substitute Administrator Appointment, William Sweeney
On February 7, 1877 William Sweeney petitioned the court for permission to serve as a substitute administrator for the estate of John Yinger, deceased. John Sweeney died after selling the real estate of John Yinger to Harrison Austin but before a deed of transfer was filed. William Sweeney was probably a brother of John Sweeney and he stepped forward to wrap up the administration of John Yinger’s estate after the death of John Sweeney.
The legal designation of William as substitute administrator for John Sweeney was “administrator de bonis non.”
From Wikipedia, the free encyclopedia:
De bonis non administrates, Latin for “of goods not administered,” is a legal term that refers to assets remaining in an estate after the death or removal of the estate administrator. The second administrator is called the administrator bonis non and distributes the remaining assets.
Bond and Petition of William Sweeney to Execute Deed
Due to the replacement of John Sweeney by William Sweeney as administrator of John Yinger’s estate, it became necessary for William Sweeney to receive court approval for the administrator’s bond to be transferred. On February 7, 1877 this was accomplished with the suitable documentation.
On that same date William Sweeney petitioned the court for permission to execute a deed of transfer for the real estate of John Yinger’s estate which had been sold to Harrison R. Austin by John Sweeney. The sale happened on October 7, 1876 but John Sweeney died after the Orphan’s court had confirmed the sale but before a legal conveyance was made to the purchaser.
Administration Accounts of John Yinger’s Estate
Two administration accountings were filed for the estate of John Yinger. The first accounting was filed on February 17, 1877 for the transactions related to the estate under the first administrator, John Sweeney. Under his administration receipts were $46 which were completely from a deposit toward the purchase of John Yinger’s real estate by Harrison R. Austin.
Various disbursements were made during John Sweeney’s administration for expenses relating to the sale of the real estate, legal fees, court fees, taxes, register and clerk fees, etc. Expenses in the first accounting totaled $41.73. After deducting expenses a balance of $4.27 remained which passed to the substitute administrator “de bonis non” William Sweeney on the death of the original administrator, John Sweeney.
The final administration accounting was filed on February 21, 1878 for the estate under William S. Sweeney’s administration. In addition to the $4.27 balance brought forward from John Sweeney’s administration, other receipts included the balance paid on the real estate of $394. The total purchase price for John Yinger’s real estate was $440.
The largest disbursements from the available cash were a payment of $25 to Sarah and Nancy Yinger on a note. These were the younger sisters of John Yinger. They never married and they lived with each other throughout their lives according to census records. They are buried side by side in the Yocumtown Church of God cemetery. Their lives are further discussed in another section of this web site. Another large disbursement from the estate was to John Sweeney in the amount of $85.50 also on a note. John and Rebecca Yinger must have owed John Sweeney money related to the real estate they lived on.
Another large disbursement from the estate was to John Yinger’s widow, Rebecca in the amount of $246.78. This was a payment in fulfillment of the widow’s right to claim $300 from decedent’s estates for the use of themselves and families. It is slightly less than the previously calculated entitled amount of $268.55 which had been noted above on the widow’s appraisement document.
Various other less significant disbursements were made from the estate for professional services, taxes, court fees, register and clerk fees, accountant’s fees, etc. Total expenses were $398.27 which totally depleted the cash available from the estate which was completely from the sale of John and Rebecca Yinger’s home and land.
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