History of Philadelphia, 1609-1884, Part 168

Author: Scharf, J. Thomas (John Thomas), 1843-1898. cn; Westcott, Thompson, 1820-1888, joint author
Publication date: 1884
Publisher: Philadelphia, Pa. : L. H. Everts & Co.
Number of Pages: 992


USA > Pennsylvania > Philadelphia County > Philadelphia > History of Philadelphia, 1609-1884 > Part 168


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Richard Palmer, Jr., commissioned.


Dec.


1, 1842


1568


HISTORY OF PHILADELPHIA.


CLERKS OF THE CITY COURT.


Robert Assheton, by the charter. .Oct. 25, 1701


Ralph Assheton,1 by the Council ... . Ang. 10, 1716


Andrew Hamilton, Jr., by the Council .. Frb. 24,1745


William Colemao, by the Conacil . Sept. 18, 1747


Edward Shippen, Jr., by the Council. May 27, 1758


Joha laley, by the Council. Inne 11, 1777


William Nichols, 14 C. R., 667. March 24, 1786


The act of March 11, 1789, abolished this court.


THE COURT OF EQUITY.


Formed by proclamation Aug. 10, 1720; abolished by resolution of 27th 11th mo., 1735-36.


The history of the Court of Chancery in Peonsylvania is rather curi- ous. The Assembly has nearly always heen violently opposed to the formation of a court with exclusive equity powers. In the earliest days of the Province, after it caoie nader the jurisdiction of Peon, he and his Council exercised chancery powers in cases brought before them. Thus our earliest courte begao to exercise & blended jurisdiction in equity as well as law, and to all iotents Rod purposes exercised the au- thority of Chancery Courts. The subject became an important one very early, because the Governors under the proprietaries clajoied the powers of chancellors, and the entire period of our colonial history is marked by freqneut disputes ou questions of prerogative between the Governors Bod the Assembly.


Sir Williamı Keith, who was Governor from 1717 to 1726, obtained from the Assembly an zet establishing & Court of Equity, the Governors being the chancellors. This was our first nud ouly " Court of Chancery" in Pennsylvania. It existed fifteen years, aod was abolished in 1736. As our courts possess equity powers, there is now no need for & court with exclusive equity jurisdiction. Mr. William Henry Rawle's lecture ou " Equity in Pennsylvania," published with a copy of the Register'e Docket, fully elucidates the subject, and gives a history of Keith'e Court of Chancery.


CHANCELLORS.


Sir William Keith, Bart Aug. 25, 1720


Patrick Gordon, Esq.ª .. Feb. 2, 1726


REGISTERS.


Charles Brockden, appointed. .....


.Aug. 25,1720


Robert Charles,3 resigned ... Sept. 1,1739


MASTERS.


1720 .- James Logan, Jonathan Dickinson, Samuel Preston, Richard Ilill. Anthony Palmer, und William Treat.


1721 .- Thomas Masters, Robert Assheton, William Assheton, and John French.


1724 .- Andrew Hamilton and HIenry Brooke.


1725 .- William Fishbourne, Dr. Thomas Graeme, Evan Owen, Ralph Assheton, Thomas Lawrence, and Samuel Hasell.


1730 -Clement Plumsted and Isaac Norris.


SOLICITORS.


1720 .- John Kinsey, James Parnell, Ralph Assheton, James Alexander, Joseph Growden, Jr., James Graeme, and Peter Evans.


EXAMINERS.


1725 .- ('barles Osbourue and Dr. Patrick Baird.


THE HIGH COURT OF ERRORS AND APPEALS.


Established by act of Feb. 26, 1780; abolished by art of Feb. 24, 1806.


This court was established by act of Feb. 28, 1780, to hear appeals from the Supreme Court, the Register's Court, and the Court of Ad- miralty. The judges were to be the president of the Supreme Execu- tive Council, the judges of the Supreme Court, and three persons of known integrity and ability to be commissioned for seven years, any five or more to form a quorum.


1 Robert Assheton's son. Appointment " to take effect November 30th next, when he comes of age." See " Minutes of Common Conocil." ! See 3 C. R., 266, He died at Philadelphia, Aug. 5, 1736.


$ See " Itawle's Equity," 52. In 9 " Pa. Arc.," 63] (2d eeries), " George Thomas" is mentioned as one of the chancellors. The only act he per- formed that I know of in regard to the court was as Governor, on Sept. 1, 1739, in accepting the resignation of Robert Charles as the " Regis- trar," and directing him to " deliver up all the books, papers, and writ- Ings in his custody to Thomas Lawrie, the secretary, to be by him kept till further orders." Upon the question of the power of the Assembly to abolish the court, see the " Shippen Papers," 1-6.


By the act of April 13, 1791, section 17, the judges of the Supreme Court, the president judges of the several Courts of Common Pleas of the five judicial districts, and three other persons of known legal abill- ties were constituted u High Court of Errors and Appeals, to hear &p- peals from the Supreme Court and the Register's Court,-" Read's Digest," 70, article 23, section 17. In this Digest will be found many acts relating to the courts, from the act of May 22, 1722, to 1800.


By an act of Sept. 30, 1791, a president judge was to be appointed by the Governor of the commonwealth.


LIST OF JUDGES.4


Joseph Reed,5 commissioned Nov.


20,1780


Thomas MeKean, commissioned. Nov. 20,1780


NUv. William Augustus Atlee, commissioned. 20,1780


John Evans, commissioned. Nov. 20,1780


George Bryan, commi-sinned. Nov. 20, 1780


James Smith, commissioned. Nov. 20,1780


Henry Wynkoop, commissioned. Nov.


20,1780


Francis Hopkinson, commissioned. Nov.


20,1780


William Moore, 5 commissioned. Nov.


14, 1781


John Dickinson, 5 commissioned Nov. 7,1782


James Bayard, commissioned ..


March 18, 1783


Samuel Miles, commissioned. April


7, 1783


Jacob Rush, commissioned ... Feb.


26, 1784


Edward Shippen, commissioned ... Sept.


Benjamin Franklin, 5 commissioned. Oct.


1×, 1785


Thomas Mifflin,5 commissioned. Nov.


5,1788


William Bradford, Jr., Register.


REORGANIZEO UNDER ACT OF APRIL 13, 1791.


Benjamin Chew (president), appointed. .Sept.


30, 1791


Thomas Mckean, appointed .. April


13,1791


Edward Shippen, appointed. .April


13, 1791


Jasper Yoates, appointed .April 13, 1791


William Bradford,G appointed. Aug.


20,1791


James Biddle, appointed Sept.


1,1791


William Augustus Atlee, appointed. .. Sept.


1,179]


Jacob Rush, appointed .. .. Sept.


1,1791


James Riddle, Appointed .. .Sept.


1,1791


Alexander Addison, appointed. Sept.


1,1791


John Joseph Henry, appointed. .Nov.


-, 1793


Thomas Smith, appointed JAG.


31,1794


John D. Coxe, appointed . April


6, 1797


1Tugh Henry Brackenridge, appointed. Dec. 18, 1799


William Tilghman, appointed .July 31, 1805


Edward Burd, Register.


ORPHANS' COURT FOR THE CITY AND COUNTY OF PHILA- DELPHIA, IN THE PROVINCE OF PENNSYLVANIA.


By the act of March 27, 1713, establishing the Orphaus' Court. the presiding justices of this court were those of the Quarter Sessions, as the NADIe justices were to hold both courts. Previous to this the court was held by the justices of the County Courts, Orphans' Courts having been constituted by the act of 1683 to "sitt twice every year." But as the dockets of the Orplians' Court are complete from April 9, 1719, to this date, I have thought it proper to give the presiding justices from the records, so far only as they show them. There is nothing, however, in the minutes to indicate who was the presiding justice. Thut knowl- edge I have derived from the lung service of certain justices at the head of the list of justices present at the sittings of the court, and from the


4 Thomas Mckean was the chief justice of the Supreme Court ; Atlee, Evans, Bryan, and Rush (who was appointed in place of Evans, de- censed), associate justices. Hopkinson was the judge of the Admiralty. James Smith, of York, resigned May 10, 17SI. Samuel Miles resigned April 4, 1784, and Edward Shippen appointed in his stead, Heory Wyn- koop, president judge of Bucks County, resigned June 27, 1789.


" President of the Supreme Executive Council.


6 William Bradford was commissioned an associate justice of the Sn- premie Court, Aug. 20, 1791, in the place of Bryan. Atlee was commis- sioned president judgo of the Second District, Ang. 17, 1791, to take effect on September 1st. (See the act of April 13, 1791.) James Biddle became president judge of the First District Sept. 1, 1791 ; Jacob Rush, president judge of the Third; James Riddle, of the Fourth; Alexander Addison, of the Fifth; and John Joseph Ilenry, of the Second, in No- vember, 1793, iu place of Atlee, who died on September 9th of that year. Thomas Smith was appointed an associate justice in the place of Brad- ford, promoted to Attorney-General of the United States. Hugh Henry | Brackenridge was appointed an associate justice vice Shippen, made chief justice in the place of Mckean, elected Governor Dec. 18, 1799. John D. Coxe, president judge of the First District iu the place of Biddle, and William Tilghman, president judge of the First District iu the place of Coxe. No " persons of known legal abilities" were appointed to fill two out of three additionnl positions mentioned in the act.


16, 1784


1569


THE BENCH AND BAR.


record of commissions, etc. Previous to Isnac Norris, in 1727, the rec- orde do not indicate a president; no particular justice heads the list ; Robert Assheton generally presided. Docket No. 1 opens "the 9th April, 1719," with the following justices present: Jonathan Dickinson, Robert Assheton, and Clement Plumsted. After Sept. 23, 1727, the jus- ticea whose naniea I give below presided nearly all the time of their term of service, and it will be perceived that in most cases they were the prior or oldest justices in the commission.


Jacob Duché, who is given on March 19, 1764, was not president of the board of justices by seniority, but presided until December 8th. He was one of the most attentive justices of the court, and presided very often at the sittings during hie long term of service. He was a mer- chant, and the father of the Rev. Mr. Duche, of Revolutionary fame.


Isaac Jones presided almost continuously from June 27, 1768, until Sept. 6, 1773 He never eat after that date, altbongb I have a citation issued by the Orphans' Court on Sept. 14, 1773: " Witness Isaac Jones, Esquire. . . . By the court. James Humphreys, clerk," showing, I think, that Jones was the president or presiding justice at that time. The seal of the court to the papers is the arms of William Penn, sur- rounded by the words, " Orphans' Court, City & County Phila."


Samnel Mifflin presided after Sept. 13, 1773. Ile was, we know, the president of the Quarter Sessions from Dec. 6, 1773, to 1776. Some- times, however, Samnel Ashmead sat in the Orphans' Conrt with bim, and presided, and at other times Mifflin presided, with Ashmead as an associate. Ashmead was the older justice by commission, and when Plumsted died, in 1765, Ashmead succeeded him in the Orphans' Court, although Septimus Robinson was next to Plumsted, but Robinson never eat in this court after March 21, 1757. He died previous to Jan. 16, I767. (See Will-Book O, 156.) His will is dated Jan. 4, 1767. From Ang. 14, 1765, to Sept. 6, 1766, Mr. Duché generally presided; after that Ashmead presided nearly always till June 13, 1768. I discovered a singular error in the Wills index. William Plumsted is entered there as having died in 1769, but in Will-Book O, p. 335, his will is proved as of Ang. 20, 1765.


I noticed that whenever the mayor of the city was present he alwaya presided, bis name heading the list of justices. Oo all other occasions the order of seniority of justices was rigidly observed, erasurea being even made in the minutes to correct errors in this respect, and I expect that in the few instances where the justices were not entered in proper order, it is an error on the part of the clerk.


The recorda show conclusively that out of each commission a certain number of justices were assigned to each County Court. To make this evident I give a carefully-prepared list of all the justices who have sat in the Orphans' Court from 1719 to 1791, extracted from the dockets, and, therefore, absolutely correct. The date of the first sitting only given.


PRESIDING JUSTICES.


Isaac Norris, in office. Sept.


23, 1727


Clement Plnmeted,1 in office .. .June


11, 1734


Thomas Lawrence,2 in office. June


3,1745


Robert Strettell, in office. June


15, 1754


William Coleman, in office.


Dec.


19, 1757


Jolin Maddox,3 in office ...


April 24, 1758


Alexander Stedman, in office.


Dec.


9,1758


Thomas Yorke, in office ....


Dec.


8,1759


Alexander Stedman, in office


March


7,1761


Jacob Duché, in office.


Dec.


8,1764


Samnel Ashmead, in office.


Ang.


14,1765


Isaac Jones,5 in office .. .


June


27, 1768


Samuel Mifflin, in office.


Dec.


6, 1773


James Young, 6 in office.


July


25, 1777


John Ord, in office ..


Dec.


26, 1778


Jolin Moore, in office


Sept.


7,1779


John Ord,7 in office.


Sept.


9, 1779


Plunket Fleeson, in office. Jan.


13, 1781


Edward Shippen, in office. Oct.


25,1785


Dr. Enoch Edwards,8 in office May


10, 1790


JUSTICES OF THE ORPHANS' COURT.


Jonathan Dickinson, in office. April 9,1719


Robert Assheton, in office. .April 9,1719


1 Died May 26, 1745.


? Died April 25, 1754, aged sixty-four.


$ Died April 18, 1759, aged seventy-four.


4 Died Ang. 10, 1765, aged fifty-eight.


6 Died Oct. 18, 1773, aged fifty-eight. "President of the Common Plesa and Quarter Seasiona."


6 Died Jan. 28, 1779, aged fifty.


7 Died Dec. II, 1781, aged sixty-three.


8 Will proved July 14, 1802. He never aat It twice; Plunket Flersm generally presided after the date of bia first sitting in 1781.


Clement Plumsted, in office


1, 1719


John Swift, in oflice ...


Aug 11,1719


James Logan, in office ... 4.Aug. 17, 1719


Samuel Carpenter, in office ... .. Aug. 29, ,19


William Fishbourne, in office ... .. 11, 10 br . 1719


Isaac Norris, in office .. 12, 1719


Anthony Palmer, in office.


21, 1719


Edward Farmor, in office ...


March 6, 1720


Benjamin Vining, in office.


.. April 21, 1721


Robert Jones, In office.


.June


9,1721


Thomas Lawrence, in office


June


16, 1724


John Cadwalnder, in office.


.. Ine 16. 172%


Edward Roberts, In office.


June


16, 1724


Evan Owen, in office ... Dec.


5,1724


William Hudsun (the Mayor), in office July


8, 172;


Thomas Fenton, in office.


Oct.


12, 1727


Andrew Hamilton, in office. Oct.


12, 1727


Richard Harrison, in office .Det.


12. 1727


Samuel Hasell, in office .. May


Sept.


44. 1729


Thomas Griffitta, in ollice.


Mar. 4, 1729-41)


William Allen, in othce.


.Och.


5, 1720


George Fitzwater, in office.


Dec.


4,1634


Ralph Assheton, in office.


Mar. 6, 1735-36


Anthony Morria, in office.


Dec.


4.1739


William Till, in office .. Dec.


18, 1739


Cadwalader Foulke, in office.


6, 1740


Joshma Maddox, iti office.


Murcha 1, 1741


Septimus Robinson, in office. Sept. 20, 1742


%.1743


Edward Shippen, in office ..


.. Oct.


7,1744


Benjamin Shoemaker, in office.


March 29, 1745


Charles Willing, in other


July


15, 1745


James Hamilton, in office,


May


20, 1746


Thomas Venables, in office


Sept.


3. 1746


William Atwood, in office ..


July


25, 1747


Thomas Fletcher, in office.


June


8, 1748


Owen Evans, in office ...


.JQue


5,1750


Nicholas Ashton, in office.


June


6,1750


Thomae Yorke, in office ...


June


5, 1750


Jobn l'otts," in office ...


June


5,1750


Rowland Evans, in office.


June


5.1750


William Plumsted, in office.


April


7,1752


Benjamin Franklin, in office.


Junte


5,17 12


Williams Coleman, in oflice ..


June


5.17 4


Joba Mifflin, in office ...


July


15, 1752


Samuri Ashmead, in office.


lune


6. 1753


John Jonen, in office.


Sept.


2, 174


William Peters, in office ..


Dre.


10. 1757


Jacob Duché, in office


March 20, 17 %


Samuel Mittin, in uthce.


March 7. 17.9


Samuel Wharton, In office ..


U1PC.


5. 1759


John Hughes, in ullice ..


Dec


5.17 4


Daniel Benezet, in office


March 7.17 1


William Coxe, In office


March 7, 176]


Evan Thomas, in office.


March 7,1741


Jacob Inll, in office.


March 7, 1761


Henry Harrison, in other


J11110


6, 1761


Samuel Shoemaker, In office


Inne 1 .. 17 2


James Coultas, in office.


8, 17 4


George Bryan, in office.


Alexumler Edwards, in office


... I ine


John Bull, in office .


March 2- 176%


William Parr, in office ..


JADIE'S Biddle, in office


Frederick Antes, in office.


+ 177


John Gibson, In office


Jebu Potts, Jr., ir otlice


Juines Young, in eth -.


George ('y mer, u office .


Samuel Powel, In bill


James Diemer, In f. +


Jupp


Benjamin Chew, in ihr


Henry Ihill, In office


John Moore, In the.


Juhu Ord In offler .....


1


Plunket Fleeson, lt dh e


Benjamin Parehall, in office.


l'Inhp Boehm, annif .


John Knowles, in . the


Andrew Kin In office


I


Davil Hunter, th offre


Seth Quer, In iler.


Andrew Kennedy, In bitlee


John Richards, In offie


4 175


Charles Jolly, In offi + .


March 10. 1:01


Thomas Willing, In ofhco.


21_1761


William Dewees, in office


John Lawrence, in office.


Sept.


4. 1757


Alexander Stedman, in office


Mar h 21, 175%


Isaac Jones, in office.


18, 1758


Isaac Ashton, in office.


Feb. 12,1750-51


Robert Strettell, in office


Mar. 4, 1746-47


Samuel Morris, in office ...


April


2,1734


Charles Read, in office.


14,1729


Joseph Aslıton, in office.


13, 1738


Abram Taylor, in office


Jonathan Robinson, in office. Jnoe


Henry l'awling, in office.


Ma h 7, 1761


Archibald Met'lenn, in office


৳, 17+4


March 19, 1764


William Plumated,4 in office.


1570


HISTORY OF PHILADELPHIA.


John Miller, in office ..


. March 2, 1779


William McMullin, in office ...


March 2, 1779


Willianı Adceck, in office ..


.... April 28, 1779


James Hanna, appointed ...


.March 25, 1x38


Robert F. Christy,9 elected.


.Feb.


9,1839


Jacob Lewis, elected.


Dec.


1, 1842


David Hanley, elected.


Dec.


1, 1845


Oliver Brooke, 10 elected ..


.. Oct.


10. 1848


Jacob Broom, 11 appointed.


Nov


25.1848


David Hanley, decided to be in office.


JAN.


22, 1848


Jacob Broom, appointed.


.March 26, 1849


James M. Jackson, commissioned.


Nov.


17, 1852


John Sherry, commissioned


.. Oct.


17, 1855


Dr. Enoch Edwards, in office


Nov.


13, 17×6


Lewis Weiss,2 in office .. ....


Nov.


13, 1786


Robert MeKnight, in office ...


June


7, 17×7


Alexander Tod, in office.


June 31, 1787


Joseph Ferree, in office.


March 9, 1789


William Coats, in office.


March 14, 1789


Jacob Weaver, in office


March 21, 1789


On Sept. 23, 1791, James Biddle, Jonathan Bayard Smith, Enoch Ed- wards, and William Robinson, Jr , Esqs., judges, held the Orphans' Court. This is the first time the terin judges is used in the dockets of this court see Docket No. 16), although Thomas Yorke and his nsso- ciates were commissioned as judges of the Common Pleas and Orphans' Court. They are called justices in the minutes of the Orphans' Court. The judges of the Common Pleas held the Orphane' Court from 1792 to 1875.


THE ORPHANS' COURT


AS ESTABLISHED BY THE CONSTITUTION OF 1873.


The delaye and expense attending the settlement of estates of dece- dents led the framers of the new Constitution of Dec. 16, 1873, to author- ize the formation of Orphans' Courts as separate tribunals. (See Article v., Section 22.) In Philadelphia the Orphans' Court was established by the act of May 19, 1874, and organized Jan. 4, 1875. The Orphans' Court always had separate organization as to clerks and recorde, but until 1874 never had an independent judiciary. The Orphans' Court beach now consists of three judges, learned in the law. At first the judges were of equal rank, and presided in turns, but the act of May 24, 1878, created the office of president judge.


PRESIDENT JUDGE.


William Brantley Hnona, appointed. June 5,1878


ASSOCIATE JUDGES.


Thomas Bradford Dwight, elected Nov.


2, 1874


William Brantley Hanna, elected Nov.


2, 1874


Dennis O'Brien, & elected. Nov.


2, 1874


William N Ashman, + appointed.


9,1878


Clement Biddle Penrose, appointed. Jao.


30, 1878


CLEAKS OF THE ORPHANS' COURT.


Robert Assheton, in office Oct. 25,170]


before 1721


Thomas Hopkinson, appointed


Jan. 20, 1736-37


Andrew Hamilton, appointed. Feb. 24, 1745-40


John Lawrence," appointed.


.Sept.


8, 1747


John Price, appointed


Frb.


28, 1752


James Humphreys, appointed


May


7,1757


John Haley, appointed ..


.Sept.


15, 1777


William Nichols,i appointed.


March 24, 1786


John Bickley, appointed.


March 3, 1800


John L. Leib, appointed Dec.


21, 1801


Robert Johnson, appointed.


Dec. 24, 1×14


Themas F. Gordon, appointed.


-, 1818


Nathan R. Potts, appointed March 15, 1821


Edward King, appointed.


Feb.


7, 1824


William Runkle, Jr., appointed ..


April 22, 1825


John b. Wool, appointed.


June


1829


John P. Binns, appointed


Dec. 30, 1829


Robert Andrews," appointed


Feb. 2,1830


1 Died Nov. 30, 1791, aged seventy-four.


" Lewis William Weiss was his full name.


" Judge O'Brien dird Jan. 24, 1875, aged sixty.


4 In place of Judge Dwight, who resigned on account of his ill-health.


6 Charles Read was probably appointed after the passage of the act of March 27, 1713. He died in office before Jan. 20, 1736-37.


6 Vio Hamilton, deceased. For Andrew Hamilton'e appointment, see clerks of the ('ity Court, I give Hamilton and Lawrence as clerks of the Orphans' Court on the authority of Thompson Westcott, Hamilton died in office in September, 1747.


" Nichols, clerk of the Mayor's Court and Orphans' Court. Directory of 1798 ; 12 C. R , 667, clerk of the Orphans' Court and City Court.


b In the official lists in the Directory of 1830 and 1831, Josoph Andrews is given as the clerk of the Orphans' Court, which is un error ; it should be Itobert. In the court offices tho active man is always tho chief


Francis Parke, appointed .. .March 25, 1836


Isaac P. Trimble, appointed .. . . April


1, 1836


William Ball, in office.


April 28, 1779


William Rush,1 in office.


.June


11, 1779


John Gill, in office.


.July


27, 17×4


William Masters, in office.


.Ang.


9, 1784


Emanuel Eyre, in office.


Ang.


9,1784


Saniuel Wharton, in office.


.Sept. 23, 1784


Joseph Wharton, in office ....


Fel.


13, 178G


William Craig, in office


April


11, 1786


Nimrod Woulery, commissioned


Nov.


.. June


10, 1862


Edwin A Merrick, comintesioned


.. Oct.


11, 1864


Joseph Megary, commissioned


April


21,1868


Joseph C. Tittermary, commissioned .Oct.


11, 1870


Richard Ellis, commissioned


.Oct.


14, 1876


Gideon Clark,12 appointed


June


12, 1875


Jesse W. Neal, elected.


Nov.


7,1876


William Marshall Taylor, elected


Nov.


4. 1879


Walter E. Rex, elected.


Nov.


7,1882


THE REGISTERS OF WILLS OF PHILADELPHIA.


The provincial registers were the registers-general of Pennsylvania for the Probate of Wills and Granting Letters of Administration, estab- lished by the twenty-second section of the laws agreed on in England. 1 C. R., 32. The act of March 14, 1777, abolished the office of register- general sod named the Register of Wills in each county to succeed the deputies of the register-general. 1 Dallas' " Laws of Pennsylvania," 731. The dates of appointment are taken from the will-books, and are the dates when the names are first mentioned therein. Book A, in register's office, is in the handwriting of Patrick Robinson. He was deputy register and secretary to the Governor.


THE REGISTERS-GENERAL.


Christopher Taylor,13 in office 10 br. - , 1682


Robert Turner, commissioners in the ( 5 5 mo., 1686


William Framptoo,


place of Taylor,


5 5 mo., 1 686


William Southbee, )


deceased.


5 5 mo., 1686


James Claypoole, Sr., commissioned ..


.. 19 9 mo., 1686


Jacob Simcock, 14 deputy.


Thomas Ellis, appointed


9 8 mo., 1687


David Lloyd, deputy, appointed.


12 8 mo., 1687


William Markham, appointed.


14 8 mo., 1688


Patrick Rolanson, deputy


Capt John Black well, 13 appointed 8 11 br., 1678-89


Robert Turner, 16 in office.


12br., 1690-91


Samuel Jennings, in office.


5 10 mo., 1882


Francis Rawle, Jr., deputy.


William Markham, appointed.


20 7 mo., 1693


John Moore,17 in office


7 3 mo., 1700


deputy ; the actual prothonotary, clerk, register, etc., are seldem known or seen by the bar. In the Orphans' Court office, for a long series of years, from 1858 to 1868, Richard M. Battnrs, a genial gentleman of Philadelphia, was chief clerk. Since his retirement, Alfred J. Fortin has been the efficient deputy. He entered the office first in 1857.


"Col. Christy was elected under act of July 2, 1839, for three years from December Ist, in same year (L. P., 559), and commissioned Nov. 14, 1839. He died Aug. 31, 1881, aged seventy-two.


10 Brooks died before being commissioned, Nov. 7, 1848. (Sec 9 Barr, 513 ; Commonwealth r$. Hanley.)


11 Broom was commissioned Dec 14, 1848. Commission set aside by the Supreme Court on Jan. 22, 1849, on the ground that there was no vacancy. Oliver Brooks, who was elected Oct. 10, 1>48, having died be- fore a commission had been issued to him, it was held that Hanley, the old clerk, held over. Hanley died March 18, 1849, and Broom was ap- pointed and commissioned March 26, 1849, and elected in October, 1849, for three yenrs.


12 Clark was at the time register of wills, and became ex officio clerk of the Orphans' Court under the provisions of the Constitution of 1873.


13 The first will, recorded 10th mo., 1682, was Thomas ffreamee. He died before 5th mo. 5th, 1686; 1 C. R., 137.


14 See Smith's " History of Delaware County," 502.


16 He appointed himself register-general, thus creating n precedent which was afterward followed by other Governors.


10 Francis Rawle, Jr., his son-in-law, was his deputy.


17 In Small's " Legislative Hand-Book," 1878, it is set forth that John Moore was commissioned Jan. 1, 1693. By " Will-Book B" it does not 80 appear, but he was in office May 7, 1700. Col. William Markham was commissioned by Penn, March 29, 1703, by an order directed to Lieuten- Ant-Governor Andrew Hamilton, 2 C. R., 96; also Book A, 25th 7 mo., 1703, and complained to the Council (2C. R., 122, 123, and 124) that Moore refused to surrender tho office to him, saying that it was " his property


3, 1786


William Pollard, in office .Sept. . ....


20,1858


William C. Stevenson, commissioned




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