Johannes.Will.htm

Johannes Eichelberger/Eichenberg dictated his Will, in German, on December 16, 1821. The original document, written on coarse, heavyweight paper, now fragile and brown with age, is on file at the Lancaster County, Pennsylvania Court House Archives. An English translation was made at the time the Will was filed, on December 3, 1827, and is filed with the original document. That translation, in its entirety, with some punctuation added to ease reading, follows here. [Source: Lancaster Co., PA. Will Book P, Vol. 1; p. 123)

 

Will & Codicil

Johannes Eichenberg

 

In the Name of God, Amen! I, the subscriber, JOHN EICHENBERG, in Rapho Township, Lancaster County, State of Pennsylvania, a farmer, am yet in health and of good understanding and good memory considering the uncertainty of life, and, therefore, make my last Will and Testament in the following manner and form, namely:

Firstly, I recommend my immortal soul into the hand of my God and Saviour, Jesus Christ, and my body that it will be buried in a Christian-like manner.

Further, it is my will and I order that all just debts and funeral expenses shall be paid, as soon as it is convenient after my decease, out of my estate.

Item: It is my will and I order that all remain in the situation as it is at my decease until one year is expired.

Item: It is my will and I order that my beloved wife, CATHERINE, shall have this dwelling house and plantation [or land] where I now live in possession as long as she remain my widow and no longer. She shall have the right to leave it to which child she pleases and as they may agree.

Further, my wife shall have, after my decease, two hundred dollars money and all house furniture not specified she shall have, and cows such as she wants or so many as are here, she shall have; and one horse, which one she wants she shall have, and if sheep should be here she shall have the half. The remaining cattle and all farming utensils shall fall to my three children, namely: JACOB, JOHN and CATHERINE -- each of them shall choose one man and through these three men it shall be valued (namely the children's share, the other not) and the child who will agree with his or her mother to live with her and to farm the land shall have the first right to accept the above-mentioned cattle and farming utensils at the said valuation. And what the said child does not take, the others shall accept at the said valuations and what then is unequal shall, with what they have already on account of their patrimony and with money, be made equal and even. And if money remains it shall be equally divided betwen my above-named children---they shall all three inherit equally in the whole, one like the other.

Item: It is my will and I order that after the widowhood or after the decease of my beloved wife, Catherine, the above-named land or plantation (lying in Rapho Township, Lancaster County, containing sixty-six acres, more or less, shall be divided into three parts as equally as it can be done. And my executors, whom I will yet mention, shall each choose one man and the three above-named children shall each also choose one man, or each child shall choose two men if it shall be thought proper. These men so chosen shall divide the land and appraise according to the value. And if the children will not agree on the division, each his or her part, the men shall apportion it among them as they think it will suit best for each. But if the children would prefer giving it to one or make two parts thereof, they shall proceed with a valuation as above-mentioned -- And if it cannot be made equal in the land, they shall make it equal by one paying out money to the other. And if their mother leave house furniture after her decease, the children shall proceed with the division, getting it appraised by men, or among themselves bid against each other; such as shall give the highest bid shall have it. And in the Whole it shall be equal, one shall have as much as the other.

In such manner and form as above said, my three children shall have the land (which I have at my decease( for their own possession or property for them and their heirs or to whom they will assign it forever. After my decease my executors or their executors or administrators shall be impowered to give them deeds as good as I have one.

And lastly, I nominate, make and appoint my worthy friends (and brothers) DANIEL SHOEMAKER and JACOB YOUNG as executors of this my last Will and Testament (which is wrote [sic] on two sheets) and herewith make void and of no effect all Wills before made by me, and declare this and no other as my last Will and Testament. Testified by my hand and seal this 16th day of December, in the year of our Lord one thousand eight hundred and twenty one.

Subscribed, sealed, published, Read and declared as the last Will and Testament in our presence: JOHN EICHENBERG
DANIEL FRETZ His Mark: "X"
DANIEL SHOEMAKER
PETER HORST

[A Codicil, dated February 20, 1825 added property in Rapho Township, Lancaster County, Pennsylvania that Johannes purchased in 1824. It was to be bequeathed "in the same manner" as Johannes' other property].

 

To Johannes Eichelberger/Eichenberg - Main Page