First, I give and bequeath unto my beloved wife Maria, for and during her natural life, the whole of my personal property, of what kind and nature soever the same maybe, and also during her lifetime, the use and occupation of my real estate, consisting of a lot or piece of ground, containing four acres and one half of an acre, be the same more or less, and on which are erected and do stand, two dwelling houses, a barn or stabling and other buildings, situated in said Township of Warwick, adjoining lands of Peter Reist, Samuel Frantz, Conrad Brenisen, and lands now occupied by Samuel Pfautz's family.
Item, From and after the decease of my said wife, I order and direct that the personal property here in before bequeathed to her during her lifetime, or so much thereof, as may then remain unexpended, shall be sold by my herein after named executor; and shall also sell and dispose of my herein above described real estate, as soon as conveniently can be after the death of my said wife, either by public or private sale, to the best advantage he can; and for that purpose I do hereby authorize and empower my said executor; to sign, seal, execute and acknowledge all such deed or deeds of conveyance, as may be requisite and necessary for the granting and assuring the same to the purchaser or purchasers thereof, his, her, or their heirs and assigns for ever.
Item: Whereas I do owe to my son George, and to one or more other individuals, certain sums of money, and the money owing to others, one or more of my sons intend to pay, so that I can safely indulge the hope that there will be no demand made upon my estate, during the life time of my said wife, for any debts now owing--and from and after her decease, and after the sale of my personal and real estates, I order and direct my herein after named executor to pay all my debts, as soon as conveniently can be done.
Item: And the net balance of the proceeds of my estate, both real and personal, I order and direct to be divided into seven equal shares or portions; --One share or portion thereof I give and bequeath unto my said son George Mies and to his heirs and assigns forever; ; --One share or portion thereof I give and bequeath unto my trusty friend and neighbor Samuel Frantz, my herein after named executor, his executors and administrators, for the only proper use and benefit, herein after mentioned, that is to say--He the said Samuel Frantz, or his successors, shall put and place the said share or portion, out to interest on good security, and pay the interest accruing on the same, to my daughter--; Catherine intermarried with Samuel Fry, and shall have discretionary powers to pay any part, or the whole of said share or portion or principal sum to my said daughter Catherine at any time when he or they may deem it expedient and proper-and any receipts or writings witnessing the payment or payments of interest, or part or the whole of said principal to my said daughter Catherine, and signed by her, though covert, shall be sufficient discharges to said trustee Samuel Frantz, or his successors. And if, at the time of the death of the said Catherine, there should be any part, or the whole of said share or portion, in the hands of said trustee or successors I in such case do give and bequeath the same, together with all interest, he or they may have in hand at the time unto the children of my said daughter Catherine, to be equally divided amongst them, share and share alike. And one share or portion thereof I give and bequeath unto my son John Mies his heirs and assigns for ever--; One share or portion thereof I give and bequeath unto my son Jacob Mies and to his heirs and assigns for ever--; One Share or portion to my daughter Maria Mies, and to her heirs and assigns for ever--; One share or portion thereof unto my son David Mies, and to his heirs and assigns for ever--; And one share or portion thereof unto my daughter Anna Mies and to her heirs and assigns for ever.
And lastly, I constitute and appoint my aforesaid trusty friend and neighbor, Samuel Frantz, of said Township of Warwick, to be executor of this my will hereby mocking all other wills, legacies and bequests, by me here to fore made, and declaring this, and no other, to be my last Will and Testament.
In Witness whereof I the said testator George Mies have hereunto set my hand and seal the fifteenth day of January, in the year of our Lord one thousand eight hundred and forty two.
Signed sealed, published; pronounced and declared, by the said Testator, his last will and testament in the presence of us, who at his request have subscribed our names here unto as witnesses--January 15th, 1842.
Christian Hostetter
Jacob Kurtz
Signed, Georg Misse
Executor affirmed April 24, 1848.
Lancaster
County, PA. On the twenty fourth day of April, Anno Domni 1848, Before
me the Subscriber personally appeared Christian Hostetter, a subscribing
witness to the preceding Will, and on his solemn Affirmation, did depose
and say that was present and saw and heard George Mies the testator therein
named, sign, seal, publish, pronounce and declare the same to be his last
Will and Testament, and that at the doing thereof he was of sound and well
disposing mind, memory, and understanding, to the best of his knowledge,
observation and belief. And further said deponent declares that he saw
Jacob Kurtz the other subscribing witness who is confined to his house
by severe indisposition, sign the said preceding Will as a witness at the
request and in the presence of the Testator. Affirmed and subscribed before
me, Jos. Ehrenfried, Deputy Reg
Christian
Hostetter
Lancaster
County, PA. On the ninth day of October AD 1848. Before me the subscriber
personally appeared John Miller and Henry Rudy, who upon their solemn affirmation
did depose and say that say that they are well acquainted with the hand
writing of Jacob Kurtz one of the subscribing witnesses to the preceding
Will (and who is now dead) and that they verily believe the same to be
his signature in his own proper handwriting. before me,
W. Glein,
Reg. John Miller Henry Rudy
October
16, 1848
Letters
Testamentary granted to Samuel Frantz, the executor, he being duly affirmed
well and truly to administer the goods and chattels, rights and credits
of the said Testator according to the law, and also that he will diligently
and faithfully regard and well and truly comply with the provisions of
the Law relating to Collateral Inheritances.
W. Glein,
Reg.
This will
was typed and contributed
by Marie
Mease Gauron
©
Brenda Creasy
|