Part 762g – Brunhammer Doherty Genealogy – Great-Grandmother Hannah (née Gallagher) Holmes – 1878, A Puzzling Search – Episode V

28 August 2012

Good Day,

And now comes the interesting part of trying to solve the puzzle of the life and genealogy of great-grandmother Hannah (née Gallagher) Holmes. Cross-referencing the Docket 17 of the Orphans' Court of Schuylkill County Index, (see Part 761g) I was able to find images of the actual document beginning at Page 336.

The Document beginning at Page 336 is titled Real Estate of Hannah Gallagher, a Minor. And before I continue, I must point out that this research and documentation does not, at this point, confirm that I have discovered the 100% certain genealogy of great-grandmother Hannah. This is one of the doorways that I have opened in my search to prove the Family Line.

According to my read and transcription of this Document, from Docket 17 and filed 28 October 1878, it appears that James Harley, the Guardian appointed, on behalf of Hannah Gallagher, the minor, is conducting a transaction to sell a specific property in the City of Philadelphia. This property at one time belonged to her grandparents Francis and Helen O'Donnell. It appears that as both of Hannah's parents had passed away, her father, Daniel Gallagher in about 1860 and her mother, Bridget (née O'Donnell) Gallagher sometime after, that they had both died without leaving a direct will for the disposition of property.

From my limited understanding and analysis, Hannah and her three older siblings: John F. Gallagher, Mary A. Gallagher, and Ellen (née Gallagher) Little, all were beneficiaries of the property after the deaths of their grandparents and parents. The Document is an explanation of the $600.00 value of the property and the amount that Hannah may have possibly received, $21.43. (I am not a lawyer nor a real estate broker and therefore, I cannot explain how the calculation was figured out.)

The following are the four pages; Pages 336 through and including 339, from Docket 17 of the Orphans' Court of Schuylkill County. I have downloaded from Item 4 of the microfilm FHL [2134782]


And my transcription -

336

Real Estate of Hannah Gallagher, a Minor.

In the Orphans’ Court, held at Pottsville, in and for the County of Schuylkill.

The petition
of James Harley, who was on the sixteenth day of September, A.D. 1878, appointed
by your Honorable Court Guardian of the personal and estate of Hannah Galla-
gher, a minor child of Daniel Gallagher, being over the age of fourteen years. –

Respectfully represents – 
That the said minor is seized in fee 
of one-fourth of one seventh of All that certain lot or piece of ground and
the buildings thereon erected, situate on the south side of Luinard Street, in
the First Ward of the City of Philadelphia, beginning at the distance of one
hundred and twelve feet eastward from the east Ninth Street, con-
taining in front or breadth on the said Luinard Street eleven feet six inches,
and in length or depth southward at right angles with the said Luinard
Street fifty feet, boundend on the north by the said Luinard Street, on the
west by ground now of late of Samuel P, Dutton, on the south by ground
now or late of Robert Clark, Jr., on the east partly by the head of a three-feet
wide alley leading eastward eleven feet six inches to another two-feet wide
alley, leading eastward eleven feet six inches to another two-feet wide
alley leading northward in said Luinard Street, and partly by ground
granted to John N. Reeves. [Being the same premises which Julius F. Vogel
and Adeline R. Vogel, his wife by indenture bearing date the twentieth
day of December, A.D. 1856, and recorded at Philadelphia in Deed Book
R.D.W. Nv. 107, page 342, rc. granted and conveyed to Ellen O’Donnell, wife
of Francis O’Donnell, in fee Subject to the payment of ^a certain yearly ground
or sum of Twenty five dollars and fifty cents ($25.50).
That the title of the said minor is derived by descent as heir-at-law of 
Ellen O’Donnell, her grandmother, and her mother, Bridget Gallagher, to wit:
the said Ellen O’Donnell died intestate, seized in fee of the above described
premises, leaving to survive her her husband, Francis O’Donnell (who has
since departed this life intestate] And seven children being the issue of
the said Francis O’Donnell and Ellen O’Donnell, of whom the said Bridget,
who intermarried with Daniel Gallagher was one. That the said Daniel Gal-
lagher died in 1860, and subsequently the said Bridget Gallagher died intestate,
leaving her surviving a husband, four children, to wit – John F. Gallagher, Mary
A Gallagher, and Ellen, who intermarried with Lawrence Little, all of full
age, and a minor child, Hannah Gallagher.
That all of said children have agreed to sell and convey their undivided 
interest in said property to one Benjamin Durham, of the City of Philadelphia
Carman, at the rate or price of Six hundred dollars, for the whole of said property
in fee, subject to the aforesaid yearly ground rent; and your petitioner is
serious of joining in said conveyance, as the Guardian of the said minor, in order
to make a full and complete title to the said purchase, for the whole of said
premises, the said price offered for the same being a full and ample price for
it, and as he believers more than it would bring at a public sale of the same,
and he also believes it would be for the benefit and interest of the said minor
that said real estate should be sold.
Your petitioner therefore prays that the Court will make an order author-
izing and directing him to sell the said undivided interest of the said
minor in the above described real estate, at private sale, to the said Benjamin
Durham, of the City of Philadelphia, Carman, and be permitted to join in a

337

deed of conveyance to him in fee, for the price or sum above specified.
And he will ever pray, & c.,
James Harley.

Schuylkill County, ss.:
James Harley, the above named petitioner, being duly sworn 
according to law, doth depose and say that the facts set forth in the foregoing
petition are just and true, and are the statement of the said minor’s real estate
are just and true, to the best of his knowledge and belief.
James Harley

Sworn and subscribed before me this nineteenth }
day of October, A.D. 1878. }
J.F.G. Keimscus, J.P. }

Decree:
And now, to wit: Oct. 28, A.D. 1878, upon consideration of the within written
petition and accompanying affidavits, it is ordered and decreed that James
Harley, Guardian of Hannah Gallagher, make sale of the undivided interest of
his ward therein named, in the real estate therein described, at private sale unto
Benjamin Durham, of the City of Philadelphia, Carman, for the price or sum of
twenty-one dollars and forty three cents ($21.43) in cash, her proportionate share,
and that he be authorized to unite in a conveyance of the same with the other
parties in interest unto the said Benjamin Durham, of the City of Philadelphia, his
heirs and assigns, upon payment of the purchase money, and the he enter security
in the sum of $50.00/100.
By the Court
Richard Rahn,
Clerk OC.
Know all men by these presents, that we James Harley, Guardian of the 
person and estate of Hannah Gallagher, a minor child of Bridget Gallagher and Daniel
Gallagher, late of the township of Cass, in the County of Schuylkill, and State of Penn-
Sylvania, deceased, and Solomon Phillips, both of said Count of Schuylkill, are
held and firmly bound to the Commonwealth of Pennsylvania in the sum of Fifty
dollars, lawful money of the United States, to be paid to the Commonwealth of Penn-
sylvania, her certain Attorney and assigns, to which payment, well and truly to
be made, we bind ourselves, jointly and severally, our heirs executors and admin-
istrators, firmly by these presents.
Sealed with our seals, dated the 19th October, in the Year of our Lord one 
thousand and eight hundred and seventy-eight.
Whereas, by virtue of an order of the Orphans’ Court of said County of Schuylkill, 
made the 21 October, 1878, in the year aforesaid, the said James Harley, Guardian
afore- said, sold certain lands in said order mentioned, the estate of the said Hannah
Gallagher, to one Benjamin Durham, of the City of Philadelphia, for the sum of twenty
on dollars and forty-six cents; and the said Court upon the return thereof by the
said Guardian on the twenty-eighth day of October, A.D. 1878, did order and decree
that upon the said James Harley filing in the Office of the Clerk said Court, a bond
to the Commonwealth in the sum of Fifty dollars, with Solomon A. Phillips as his su-
reties, who are approved by the Court, conditioned for the faithful appropriation of
the proceeds of said sale, the said sale should be confirmed.
Now the condition of this obligation is such, that if the said James Harley, Guar-
dian aforesaid, shall faithfully appropriate the proceeds of said sale, then the
above obligation to be void, or else to be and remain in full force and virtue.

398

James Harley, ( Seal )
S. A. Philips, ( Seal )
Sealed and delivered in presence of }
Lewis Garrison, }
J.F.G. Keimscus. }

This bond approved.
By the Court,
Richard Rahn
Clerk O.C.

Jesse A.T. Laws, being duly sworn according to law, deposes and says 
that he is a real estate broker, and has been in the business for twenty years,
and that he is familiar with the value of real estate in the City of Philadel-
phia, and that he has seen the property situate on the south side of Luinard
Street in said City, beginning at the distance of112 feet eastward from the
east side of Ninth Street, containing in from on the said Luinard Street 11 feet
6 inches, and in length or depth Southward at right angle with said Luinard
Street 50 feet, and estimated its value, and believe that six hundred dollars,
subject to said yearly ground rent of $25.50, would be a full price for the same,
and more that it is worth and more than it would sell for at public sell, and
he believes the offer of six hundred dollars is an advantageous one, and that
it would be to the interest of the parties to sell the same for the said sum.

James A. T. Laws.
Sworn and subscribed before me this 25th }
day of October, A.D. 1878. }
James P. Petit. }
( Seal ) }

E.G. Mintzer, Jr., being duly sworn according to law, deposes and says that 
he is a real estate broker, and that he is familiar with the value of real estate in
the City of Philadelphia, and that he has examined the property situate on
the south side of Luinard Street, in the First Ward of the City of Philadelphia
beginning at the distance of 112 feet eastward from the east side of Ninth Street,
containing in front on the said Luinard Street eleven feet six inches, and in length
or depth southward of that width at right angles with said Luinard Street fifty
feet, and estimated its value and believes that six hundred dollars, subject to
said yearly ground rent of Twenty-five dollars and fifty cents, would be a
good price for the same, and at the present time more that it would sell
for at a public sale.
E.L. Mintzer, Jr.
Sworn and subscribed before me this 20th }
day of October, A.D. 1878. }
James P. Petit, }
Notary Public. }
(Seal ) }

George Lodge, being duly sworn according to law, deposes and says that 
he is a real estate broker, and that he is familiar with the value of real estate
in the City of Philadelphia, and that he has examined the property situate
on the south side of Luinard Street, in the First Ward of the City of Philadel-
phia, beginning at the distance of one hundred and twelve feet eastward
from the east side of Ninth Street, containing in front on the said Luinard Street
eleven feet six inches, and in length or depth southward at right angles with
said Luinard Street fifty feet, and estimated its value, and believe that six
hundred dollars, subject to said yearly ground rent of Twenty five dollars and

389

fifty cents, would be a full price for the same, and more than it would sell for at
a public sale, and he believes that the offer of six hundred dollars is an advanta-
geous one, and would be to the interest of the parties to sell the same for said
price as it is its full marketable value.

George Lodge
Sworn and subscribed before me this 22d }
day of October, A.D. 1878 }
James P. Petit, }
Notary Public }
( Seal ) }

Filed 28 Oct., 1878.


Putting aside the issue of the sale of the property in the City of Philadelphia, I am intrigued at the detail of family relationships and connections that are included in this Document. I will be detailing that information in my subsequent Postings on A Genealogy Hunt, so you will have to stay-tuned.

Enjoy,

Jim

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