WILLS: Benjamin JOHNSTON, 1837, Huntingdon, Huntingdon County, PA File contributed for use in USGenWeb Archives by: Sarah Chapman Csgtpepper@aol.com October 26, 2006, 9:19 am Copyright 2006. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/pafiles.htm ________________________________________________ Source: Will Written: February 11, 1837 Last Will of Benjamin Johnston late of the borough of Huntingdon deceased: I Benjamin Johnston of Warriors Mark Township in the county of Huntingdon and state of Pennsylvania carpenter do make and publish this my last will and testament hereby revoking and making void all former wills by me al any time heretofore made and first I direct that my body be decently int?ed and that my funeral be conducted in a manner corresponding with my estate and condition in life and as to such worldly estate as it hath pleased God to entrust one with I dispose of the same as follows to with: First= I order and direct that all my past debts and funeral expenses be paid as soon as practicable after my decease out of the first monies that shall come into the hands of my executors out of any position of my estate real or personal. Secondly I order and direct authorize and empower my executor herein after named or the survivor of them or my administrator with the will annexed in case such should happen to sell at public or private sale as most advisable as soon as practiceable on fair terms after my decease all my plantation and Farm situate in Warriors Mark Township in said County adjoining lands of Thomas Weston Esq. John Henderson and John McCahan containing two hundred and seventy three acres or thereabouts with the usual allowance being the law I purchased from John P Mcknight whom such terms as my said executors or the survivor shall in the exercise of a sound discretion decree most advantageous provided that the time for payment of the whole purchase money shall not exceed three years from the day of sale such part of the purchase money or proceeds of sale as to required in cash to be secured by bonds and Mortgage or Judgment Bills of the purchase my said executors not delay selling my said Farm longer than two years after my decease and I hereby authorize and empower my said executors the survivor of them or my Administrators which the will announced upon such Sale of my said Farm to execute and deliver to the purchase a proper and sufficient deed for the same My executors to rent my farm until it can be Sold. I give and bequeath to my daughter Sarah who was intermarried with George Muthersbaugh now sait to intermarried with Samuel Kinney her heirs and assigns the one undivided fourth part and portion of the net procees of all my personal property and real estate after payment of my debts and the expenses of administering to be paid by my executors as soon as practioncable in the collection of claims and the settlement of my estate. I give and bequeath to my daughter Keziah intermarried with John Hunter of said Townships heirs and assigns the one undivided fourth part and portion of the nett proceeds of all my personal property and real estate after the payment of debts in like manner as the bequeath to my daughter Sarah Item. I give and bequeath to my daughter Capan ?? Intermarried with Jared Boyd now on lately of Platt county Missouri her heirs as assigns the one equal fourth part and portion of the net proceeds of all my personal property and real estate after payment of debts to be paid to her in like manner as the bequest to my daughter Sarah. And whereas my wife Ann has gone to reside with my son Benjamin Johnston ??? In Clearfield County as I am informed and whereas she has in my judgment used and taken sufficient of my estate for her maintenance ?? And whereas it is my desire that my said son should support my said wife during life if she should require means in addition to what she has taken from my estate what I deem equal to legal dower anymore it is my will and I do order and direct that any executors pay to my said son Benjamin Johnston Jun for the support and dower or thirds of his mother the said Ann in lieu of all her claims to dower or thirds the interest annually after my decease on the one fourth part of the net proceeds of all my personal property and real estate during the lifetime of his said mother that is the interest on the net proceeds of the one forth part of my personal property the interest on the one fourth part of the net proceeds of the rents of any real estate until sold and after it is sold the interest annually during the life time of my said wife on the one fourth part of the net proceeds of the sale there of but should any said wife set up claim to or recover dower or thirds out of my estate personal or real then the said annual interest to lie applied to the liquidation of what she may so recover during her lifetime and after the death of the said Ann should my said son survive her he the said Benjamin Johnston Junr to be entitled to the said one remaining equal fourth part of the net proceeds of the principal of all my personal property and proceeds of sale of my real estate in which event I bequeath the same to him but should he die before his mother I order any executors to pay to her in case she should require it for her support and accept the same in lieu and full of all claim to dower the last aforesaid interest or such part as not I paid to my said son and after her death the last said principal with what money remains of the interest thereon to lie equally divided amount my other three children herein before first named provided however that in case at any time after my decease should my said wife survive ?? My said son shall procure and enter duly of record the release of my Ann to for and against all claim to dower or thirds against or out of my real and personal estate he shall then and upon so procuring and filing such release of dower and thirds be entitled to receive and have out of my estate the one euqal fourth part or fourth part of the principal of the nett proceeds to my said son Benjamin but should my said wife survive my said son without his having procured her release of dower or thirds as a foresaid the last aforesaid one equal fourth part of the principal net proceed of my real and personal estate to be kept at and remain on interest during the lifetime of my said wife and the interest thereof I in that event order to be paid to her annually of my executors during her lifetime in case she require it for her support and on condition that she make no other claim to dower or thirds and on her death the said principal to be paid to and divided equally amongst my three daughters their heirs and her stir?es. And lastly I nominate constitute and appoint James Clarke Esq of Birmingham merchant and John T Mathias Esq of tyrone works execution of this my last will and Testament hereby revoking all former wills. In ?????? where of I have hereunto set my hand and seal to this my last will and testament this the fifth pages this twenty seventh day of April eighteen hundred and fifty Signed sealed published and declared by Benjamin Johnston the Testator as and for his last will and Testament in our presence who have hereunto subscribed our names in the presence of the Testator and of each other at his request the word fourth or third paje first interlined. A P Wilson R Bruce Petrikin Huntingdon County Before me the Register for the probate of wills and granting letter of administration in and for said County personally appeared Andrew P Wilson Esq and R Bruce Petrikein Esq who being duly sworn and affirmed say that they were both personally present and did see and hear the within named Benjamin Johnston sign seal execute publish pronounce and declare the within and foregoing instrument of writing as and for his last will and Testament and that they these deponents did sign their names thereto as Witnesses in the presence of each other and in the presence of the said Testator and at his instance and request and that the said Testator was at the time of sound sworn affirmed to Subscribed this 11th day of February AD 1837 Before M F Campbell register Signed A P Wilson R Bruce Petrikin Memorandum Letters Testamentary were this day issued to John T Matthias and James Clark Esq on the Estate of Benjamin Johnston late of Warriors Mark Township in the County of Huntingdon deceased. Inventory to be exhibited in one month from this date and a just and true account calculations and reckoning with in one year from the date here of or where thereunto legally required. Given under seal of office this 30 March AD 1851 MF Campbell This file has been created by a form at http://www.genrecords.org/pafiles/ File size: 8.9 Kb