WILL: William KER, Sr., 1833, involving land in Huntingdon County, PA File contributed for use in USGenWeb Archives by: MK Hawn mkhawn2@gmail.com August 29, 2005, 9:28 pm Copyright 2005. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/pafiles.htm __________________________________________________________ Source: Cumberland County Historical Society Written: July 16, 1833 Recorded: October 23, 1845 THE LAST WILL & TESTAMENT OF WILLIAM KER SENR. Desirous of arranging my worldly affairs whilst health and body and a sound mind are continued to me I William Ker of West Pennsborough township in the County of Cumberland, do make and publish this my last will and testament. In the first place I give and devise to my beloved son William Ker Jr. and to his heirs and assigns forever, all that tract of land situate in the township and county aforesaid conveyed to me by my son John Ker and Mary his wife by deed dated the eleventh day of May A.D. 1833, now in the occupancy of Jonathan Holmes. Item I give and devise to my beloved son John Ker and to his heirs and assigns forever, all that tract of land situate on Crooked Creek in Walker township Huntingdon County, conveyed to me by the Executors of John Armstrong, it being the same tract of patented land on which Lewis Fondersmith now lives. Item whereas my son William remained with and assisted me in the management of my business for some years longer than my son John for which he never received any compensation, I therefore give and devise to my son William Ker Jr. and to his heirs and assigns forever, all that farm and tract of land lying on the Raystown branch of the Juniata in Hopewell township Huntingdon County, which was conveyed to me by John Swift by deed dated the twenty-fourth day of May A.D. 1796. Item to my grand daughter Mary Jane Woods who is the child of my daughter Lilias, I give and bequeath the sum of one thousand dollars, to be paid to her by my son William when she shall have arrived at the age of twenty-one years, if she be married at that time. But if she be not married when she has attained the age of twenty-one the said sum of one thousand dollars is not to be paid until she shall have attained the full age of twenty-six years. Nevertheless if my said grand daughter shall be married anytime between the ages of twenty-one and twenty-six years, the abovementioned sum of one thousand dollars shall be paid to her, on her marriage, by my son William. But if my grand daughter Mary Jane Woods should die before she attains the age of twenty-six years or without being married, the above named sum of one thousand dollars shall revert to and be the property of my son William, his heirs and assigns forever. And further I allow all my debts whatever they may be at the time of my decease to be paid out of the proceeds & rents of two farms abovementioned as devised individually by my sons William and John, and hereby specified as being those, one of which is situate on Crooked Creek in Walker township and the other on the Raystown branch of Juniata in Hopewell township Huntingdon County. My personal property whatever it may be my sons may divide or dispose of at their pleasure. I hereby nominate and appoint my son William Ker Jr. sole Executor of this my last will and testament hereby revoking all wills or pretended wills by me at any time heretofore made and declaring this and no other to be my last will and testament. In witness whereof, I have hereunto set my hand and seal this sixteenth day of July Anno Domini one thousand eight hundred & thirty-three. William Ker [seal] Signed sealed published and declared by the Testator as & for his last will and testament in the presence of us, who at this instance and request and in his presence & in presence of each other have hereunto subscribed our names as witnesses the day and year aforesaid. Jno. Moore Jno. P. Geddes Codicil 1. Whereas in the above last Will I have bequeathed a certain tract of land on the Raystown branch of the Juniata in Huntingdon County to my son William Ker Jr. and whereas I have lately sold the said tract of land, this codicil is therefore to declare that I allow the proceeds thereof, being about two thousand dollars, to go to my son William, subject however to its proportion of my debts as mentioned in the above will. Codicil 2. In the above will it is mentioned that my son William shall pay to my grand daughter Mary Jane Woods one thousand dollars on her arrival at the age of twenty-one years if she be married at that time, or at the marriage any time thereafter until she shall arrive at twenty-six years of age. Whereas my son William may be greatly incommoded by being suddenly called on for the abovementioned one thousand dollars this second codicil is subjoined, to declare that my son William shall have one year of time to pay the said one thousand dollars in (without interest) after the marriage of my said grand daughter after she shall have arrived at twenty-one years. However, it is to be paid to her at twenty-six years of age absolutely, whether she be married or not. Codicil 3. Whereas in the above or foregoing will I have declared that a certain tract of land on Crooked Creek in Walker township Huntingdon County and another tract on Raystown branch of the Juniata in same County, shall be subject in equal shares to the payment of any debt I may be in at the time of my decease, This 3d codicil is therefore added to declare that my son John shall not be liable in his person property or legacies to any debts which I may have contracted from and after the date of the foregoing Will, that is since the sixteenth day of July A.D. 1833. In witness whereof I have hereunto set my hand and seal the eleventh day of October A.D. one thousand eight hundred and thirty- six. William Ker [seal] Signed & sealed in the presence of us Jno. Moore J. P. Geddes Cumberland County This 23d day of October A.D. 1845, Before me Jacob Bretz Register for the probate of Wills in & for said County personally came John Moore of Newville one of the subscribing witnesses to the above and foregoing instrument purposing to be the last will & testament of William Ker Sr. late of West Pennsborough Township deceased and also one of the subscribing witnesses to the codicils attached to the said Will one headed "Codicil 1" - 2d. headed "Codicil 2" & the other headed "Codicil 3" all purporting to be Codicils to the last Will & testament of said William Ker Sr. and being duly sworn according to law deposeth and said that he was present and saw and heard the testator William Ker Sr. sign, seal, publish pronounce and declare one of the said instruments of writing as and for his last Will & testament and the others thereto as Codicils to be thereto attached and that at the time of his so doing he was of sound & disposing mind. 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