Will of John Yeager
In the name of God Amen
I John Yeager Junior of Mifflin Township in the County of Dauphin and Commonwealth of Pennsylvania Duly considering that it is appointed for me once to die, and being mindful of the uncertainty of that great Change, when it shall please God to call me home; do make this my Last Will and Testament of and concerning all my Worldly Estate whereof I am in anywise Seized or possessed, either in possession [reversion?] or any other Person or Persons in trust for me, which I have any power to dispose of as following that is to say; First and principally I command my Soul into the Hands of Almighty God my Creator, hoping for free pardon and remission of all my sins and to enjoy everlasting happiness in the heavenly kingdom, through Jesus Christ my Savior; my Body I commit to the Earth at the discretion of my Executor herein after named; and as to such Worldly Estate wherewith it hath pleased God to entrust me, I dispose of the same as followeth.
Imprimis} I will that all my Just debts as shall be by me owing at my death, together with my Funeral expences, and all Charges [touching?] the proving of or otherwise concerning this my last Will shall in the first place out of my Estate and effects be fully Paid and satisfied.
Item Second} It is my express will, that whereas I have Sold a certain Messuage, Tenement Plantation and tract of Land unto my Son in Law George Buffington Junior, by an Article of Agreement, nevertheless under and Subject of the Maintenance of myself and my beloveth Wife Catharine, that all clauses in said Agreement after my decease concerning my Wife shall be fully fulfilled unto her. And further in addition to said Maintenance I give and bequeath unto my said Wife that She may select out of my Personal Property, household and Kitching furniture Stock and Cattels to keep for the Use of her during her Natural Life, such a Colection or Assortment as She sees cause for or thinks proper, the Remainder of my Personal property my will and direction is the same, be Sold at Public Vendue by my Executor herein after named, and the Moneys arising out of said Sale shall be after deducting therefrom the amount of my Funeral expenses, by my Executor be Paid over to my beloved Wife Catharine, of which if in Sickness of her the Maintenance in the above said Agreement should prove insufficient she shall be intitled to make Use of the [???] or any part thereof as necessity shall require, during the terms of her natural Life; and from and after the decease of my said Wife the said Property or Articles of her selection out of my Stock Cattels household and Kitchein Furniture I order and direct to be Sold at Public Vendue by my said Executor herein after named, and the Monies arrising from said Sale, together with the Monies of former Sale of my said personal Property deposited with my said Wife if any left, shall be divided to and amongst all my Children as Tenants in Common, that is Share and Share alike; which said Legacy given to my Wife as aforesaid, together with the aforesaid Maintenance I hereby declare is intended to be and is so given to her in full satisfaction and recompense of and for her Dower and thirds which she may or can in any wise Claim or demand out of my Estate.
Item third} Provided always and I do hereby declare that whereas I have made Advances to my Childrin and have taken their Bonds for the amounts due within the space of One Year then next after my decease, and in case I shall in my lifetime advance and Pay to any of my Children either Sons or Daughters any Sum or Sums of Money for his or their benefit or Advancement in the World or otherwise, and shall Signify the same in Writing, then if any of such Sum or Sums of Money shall be equal to the Share or Shares of such Child or Children respectively of my Estate exclucive of the bequeaths given to my Wife aforesaid, such Sum or Sums so Paid shall in that case be accounted in full satisfaction of the Share or Shares of such Child or Children respectively. but if such Sum or Sums shall be more than the Share or Shares of such Child or Children respectively, then and in that case the surplus thereof shall be Collected from said Child or Childrin by my Executor herein after named, in like manner as other Debts, but in case such Sum or Sums of Money be less than the Share or Shares of such Child or Childrin respectively of and in the said Premises, then such Sum or Sums shall be accounted as part only of the Share or Shares of such Child or Childrin therein and in that case such Child or Children shall not Receive or to be Entitled to any Share or Interest of or in such part of the said Estate which shall have been Paid or advanced to him, her or them, for the purpose aforesaid, until the other or others of such Child or Children shall have Received as much of said Estate as shall make his her or their Share or Shares thereof equal to what shall have been so Paid or advanced, to or for the benefit advantage or preferment of such Child or Children respectively; to the end and intent that the said Estate may be equally Divided among all such Childrin Share and Share alike, Excepting my Son Peter Yeager, as he is lame in one of his Armes, I therefor give and bequeath unto him in addition to his equal Share or Portion, One Hundred and Fifty Dollars to be Paid unto him his Heirs or Assigns by my Executor herein after named, out of any Money of my Estate not herein before bequeathed, within the space of One Year then next after my decease.
Item fourth} Whereas certain of the Bonds of my Bond Property by me Sold unto my Son-in-Law George Buffington, will become due after my decease, it is my Will that the said Bonds shall be Collected severally as they become due, by my Executor herein after named, and that the proceeds of the First Bond of the amount of One Hundred Twenty six Dollars and Fifty Cents shall be Paid over unto my Son Jacob Yeager, his Heirs or Assigns, said Bond becoming Due within the space of One Year then next after my decease, or within the space of One Year after the Year one thousand eight hundred and thirty eight which may happen last. One Year thereafter a like Sum being the proceeds of the second Bond shall be Paid unto my Daughter Elizabeth Intermarried with Adam Bressler. The proceed of the third Bond as will be herein after directed. Thence it appears that John and Christopher each of them have a Surplush in my Lifetime, I therefor marge past them, and direct that the proceeds of the fourth Bond shall be Paid over unto my Son Joseph Yeager, his Heirs, or Assigns. The proceeds of the Fifth Bond unto my Daughter Catharine Intermarried with the above Named George Buffington. The proceeds of the sixth Bond to be Paid over unto my Son Peter Yeager, his Heirs or Assigns, and the proceeds of the seventh Bond to be Paid over unto my Son Simon Yeager, his Heirs or Assigns. And thence the proceeds of the Bond due within the space of eight Years after my decease, the proceeds thereof unto my Son Jacob, and my Daughter Elizabeth in equal Shares, the Bond due within the space of nine Years Be the Moiety or one equal hafe as herein after directed, and the other equal half unto my Son Joseph; the Bond within the space of ten Years Be in equal shares unto my Son Peter and my Daughter Catharine. The Bond due within the space of eleven Years Be the Moiety or one equal half thereof unto my Son Simon. And as to all the rest residue of Bonds Notes &c and all of my Estate and effects whatsoever, which shall remain after Payment of my Debts Funeral expenses and the aforesaid Specific pecunery and Legacis, I give in such manner to my Heirs that is to say taking collectively together all advances made to any of my said Heirs, and all Bequests made to any of them that it shall to the end and intent amount to the purpose that my said Estate shall be equally divided in the Principel Sums amongst all my Childrin, share and share a like Exepting and Reserving the former bequeath of one hundred and fifty Dollars made unto my Son Peter which he shall have in addition to his equal Share as aforesaid, and that the equal part with all the rest of the heirs excepting Peter which is in the Name of my Daughter Mary, Intermarried with Thomas Woodside, shall be dealt with as follows namely, I Order and direct that my Executor herein after named, shall Lend the said portion or portions of my said Daughter Mary severly as they become due, out on Interest; amongs which shall be the Bond due by the within Named George Buffington within the space of three Years then next after my decease, and the Moiety or one equal half of the Bond due by the same, within the space of Nine Years then next after my decease; and all such other Sums of Money as shall fall to her Portion, so that the advances made to her Husband Thomas Woodside in my Lifetime and advances made to her in my life time if any, and the amount bequeathed by the above mentioned Bonds all taking collectively together shall be an equal Portion in the Principal Sum of any one of the rest of my Childrin, excepting my Son Peters as before mentioned; and that the Interest of the amount so Lend out as aforesaid, shall be Yearly Paid to her, for her sole and separate Use and Benefit, exclusive of her Husband, for and during the natural life of her present Husband Thomas Woodside, or for and during her natural life which may happen first, in case She shall survive her present Husband said Thomas Woodside, from and after his decease it shall be Lawfull for my Executor or any person under him, to Pay unto my said Daughter Mary, any part of said Portion as she stands in need for, and her Receipt shall be a Discharge for the same. And that upon the death of my said Daughter Mary, the said Portion or Balance thereof as the case may be shall be Paid and equally Divided to and amongs all the Childrin of the Body of my Daughter Mary, together with Interes if any due thereon. I further declare that it is my Will and I direct that if my Wife Catharine shall die, and any portion thereby shall fall to my Daughter Mary that it shall be dealt with that part the same way and in the same manner as with her Portion above mentioned.
Item the fifth} My express will and meaning is and I do hereby Order and appoint, that if any difference, Dispute, Questions or Controversy, shall be moved arise or happen Concerning any Gift Bequest or other matter or thing in this my Will given and Bequeathed expressed or Contained, that then no Suit or Suits in Law or equity or otherwise shall be brought commenced or Presented for and Concerning the same, but that the same shall be referred wholly to the Award order and Determination of Three discreet and indiffirent Persons, one thereof Nominated by each of the parties, and if the said parties can not agree in the nominations and appointments thereof, they or any of them may call on any of the Acting Justices of the Pease in the Lykens Valley, and it shall be Lawful for him to nominate and Appoint two Persons for that purpose, which Two they may be Appointed either by the Parties or by a Justice of the pease as aforesaid, after Notice thereof shall meet together and Nominate and appoint a third Person for the purpose aforesaid, to whom said three Persons after their Oath or Affirmation the diffirence shall be laid before them and what they shall Order direct or determine therein shall be binding and conclusive to and on all, and every Person and Persons therein Concerned.
And Lastley I do hereby Constitute and Appoint my trusty Friend Christopher Yeager {Son of Stophel Yeager} sole Executor of this my last Will and Testament. In testimony whereof I have hereunto set my Seal, and Subscribed my name, in the presence of the Subscribing Witnesses, this twentyeight Day of November, Anno Domini, One Thousand Eight Hundred and Thirtyfour.
his
John X Yeager
mark
Signed Sealed Published and Declared by the said Testator as and for his last Will and Testament, in our presence, and in the presence of each other, who at his request in his presence have Subscribed our Names as Witnesses thereunto.
(signed) John Weaver } Sworn March 6th 1835
(signed) William Lenker } Sworn March 6th 1835
Christopher Yeager Sworn as Executor to this will March 6th 1835 and Letters Testamentary granted him the same day by
(signed) Saml. Tool, Regr.
Dauphin County SS
This 6th day March AD 1835 before me Samuel Tool Register for the probate of wills and granting Letters of Administration in and for said County personally Came John Weaver and William Lenker the two Subscribing Witnesses to the forgoing or within Instrument of wrighting purporting to be the last will and Testament of John Yeagar deceased and having been Sworn according to law did depose and say the were present and Seen and heard the said John Yeagar deceased Sign Seal proclame publish and Acknowledge the said forgoing or within Instrument of Wrighting and as one [???] to be his Last will and Testament and that he at the time of so doing was of a Sound mind and good understanding to the best of their Knowledge and belief.
(signed) Saml. Tool, Regr.
Will #E172, probated 6 March 1835
Dauphin County Court House
Harrisburg, Pennsylvania
Transcribed by
Robert C. Greiner
10605 Johns Hopkins Road
Laurel, MD 20723-1139
31 October 1994