To the Orphans Court of the County of Adams and State of Pennsylvania.
The petition of Annie S. BROWN, a resident of the Township of Oxford, County of Adams, Pennsylvania, respectfully represents.
That your petitioner is the owner in fee of a tract of land situate in Oxford Township, Adams County, adjoining lands of Jonas RINEHART, the New Chester Road, widow WOLF, Conewago Creek, and Aaron BROWN containing twenty six (26) acres and nineteen (119) perches [this is exactly as it is shown] more or less with improvements.
That your petitioner acquired the title to said premises by deed from Anna M. BROWN dated April 7th 1915, which said deed was duly recorded in the office for Recording Deeds in and for the County of Adams in Deed Book 75, page 276.
That the said Anna M. BROWN acquired the title to said premises by deed dated April 1, 1891 from Wm. Arch. McCLEAN assignee of Solomon BROWN and wife and said deed being made in pursuance of an order of the Court of Common Pleas of Adams County, which said deed was duly recorded in the Office of Recording Deeds in and for the County of Adams in Deed Book YY page 331.
That the said Wm. Arch. McCLEAN assignee of Solomon BROWN and wife acquired title to said premises by deed of assignment from Solomon BROWN and wife dated May 25, 1890, which said deed is recorded in the office for Recording Deeds in and for the County of Adams in Deed Book QQ pages 287 and 288.
That the said Solomon BROWN acquired the title to said premises by deed dated April 2, 1874 from Josiah SHUTT and Lydia his wife, which said deed was duly recorded in the office for Recording Deeds in and for the County of Adams in Deed Book DD page 240.
That the said Josiah SHUTT acquired the title to said premises by deed dated April 2, 1874 from Solomon BROWN and Silas MILLER, agents for the widow and heirs of Christian ZINN, which said deed was duly recorded in the Office for Recording Deeds in and for the County of Adams in Deed Book DD page 85.
The said Solomon BROWN and Silas MILLER were given letters of attorney to convey real estate by the widow and all the heirs of Christian ZINN dated July 26, 1873 and recorded in the office for Recording Deeds in and for the County of Adams in Deed Book HH page 297. And said letter of attorney provided that "one third of the purchase money of said real estate after expenses of sale to remain in the tract of land in Oxford Township aforesaid during the life of Lucy ZINN, the widow aforesaid, the interest of said one third to be paid to her annually and the principal sum at her death to the parties then legally entitled to receive the same."
That the said deed from Solomon BROWN and Silas MILLER to Josiah SHUTT and the said deed from Josiah SHUTT and wife to Solomon BROWN contained a dower charge in the following language "subject however to the payment of forty four Dollars and fifty five cents ($45.55) yearly [shown exactly as written] to Lucy ZINN widow of said Christian ZINN deceased, during her natural life, the first payment to be made on the first day of April A.D. 1875. it being the interest on seven hundred and forty two Dollars and fort nine cents $742.49 and at her death the principal sum of Seven Hundred and forty two Dollars and forty nine cents to be paid to the legal heirs and representatives of said Christian ZINN, deceased. The said sum of money to be and remain a lien on the herein granted premises until paid."
That Christian ZINN died in the month of Dec. 1872 or January 1873, letters in his estate being issued Jan. 3, 1873 and your petitioner is informed and believes that Lucy ZINN died nearly fifty years ago in and about 1879 or 1880, that the dower was $742.49 Solomon BROWN and wife borrowed on a mortgage from HOLTZ April 3, 1880 $675 which amount was sufficient to pay all the heirs except his wife and it is believed that the principal was paid on or about that date and dower was released in some way not of record. All the heirs were alive at that date except my mother Elizabeth MILLER and she left two children David MILLER and myself and I know that a guardian received the share of the dower of my brother and myself and upon arriving of age we received our shares from the guardian. At the time of the assignment of Solomon BROWN the mortgage of HOLTZ was called the first lien. That none of the deeds since that date contain any reference to said dower charge and no reference is made to it in the assignment proceedings of any such indebtedness, none is presented or paid. Thus for fully forty years your petitioner believed that no demand was ever made for the payment of interest on said dower charge by Lucy ZINN or for the principal thereof by the heirs entitled to same and no such demand has ever been made to your petitioner during her possession of the premises. That it was not until a recent proposition to buy was made to your petitioner that the discovery was made that there was no satisfaction of the said dower on record.
That the names of the heirs of Christian ZINN deceased entitled to the payment of the principal and after the death of Lucy ZINN, were: Coletta ZINN BROWN, married to James BROWN, Elizabeth ZINN MILLER married to Silas MILLER, Maria ZINN MYERS married to Conrad MYERS, Anna ZINN BROWN married to Solomon BROWN and Lucy ZINN HAWK married to Edward HAWK and after diligent search your petitioner is informed and believes that these heirs outlived their mother Lucy ZINN and after her death were paid their shares of said dower charge and that all of them have been dead for a number of years.
That the period of twenty one years has elapsed and many more years since the principal of said dower charge became due and payable and that no payment of either principal and interest has been made within said period and no satisfaction or release of said dower charge appears of record.
Wherefore your petitioner prays your Honorable Court to order and direct the Sheriff of Adams County to serve the petition on the known holders of the said dower charge, if to be found in the said county and whose residence or residences are known and in case the parties can not be found in said County then the said Sheriff shall give public notice to the newspaper published in said county once a week for four weeks successively prior to the next term after the petition as aforesaid shall have been presented, requiring said parties to appear at said Court and answer the petition to show cause why the Court should not enter a decree to satisfy, extinguish, and discharge the said dower charge.
And she will ever pray, etc.
(signed) Annie E. BROWN
State of Pennsylvania, County of Adams
Annie E. BROWN that above named petitioner being duly sworn doth depose and say that the facts set forth in the foregoing petition are correct and true to the best of her knowledge, information and belief. Sworn and subscribed before me this 13th day of November, A.D. 1929, Wm. E. OLINGER, dept. clerk,
Joan Young