Huntingdon-Blair County PA Archives Wills.....Stewart, "et Al" July 31, 1827
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C J Mowry cjmowry@epix.net November 22, 2007, 11:18 am

Source: Huntingdon County Will Book 3, Page 270
Written: July 31, 1827

Huntingdon County, Pennsylvania 
Will Book 3, page 270

I hereby enter a caveat against the probate of a paper purposting to be the 
will and last testament of Robert Stewart, late of Tyorne Township, Huntingdon 
county, dec'd. R. Allison, attorney for Edie Stewart, one of the sons and 
James Morrow, intermarried with one of the daughters of the Robert Stewart, 
dec'd. 3, February, 1829.

Will Book 3, page 280

At a Register's Court held at Huntingdon for the County of Huntingdon on the 
15th day of April A.D., 1829 Present the Honorable Thomas Burnside, Esq. 
President of the Court of Common Pleas and Joseph Admas, Esq. one of the 
Associate Judges of the same Court and David R. Porter, Register of Wills.

Whereas Edie Stewart and James Morrow intermarried with Nancy Stewart by their 
attorney Robert Allison, Esq. on the 3rd day of February, last enter a caveat 
in the Register's office of said County against the probate of a paper writing 
bearing date 31st day of July 1827 purposting to be the last will and 
testament of Robert Stewart, late of Tyrone Township, dec'd., whereof Thomas 
Stewart and Robert Stewart were appointed the executors.

And the said Thomas Stewart and Robert Stewart and the said Edie Stewart and 
James Morrow requesting that the proof of the said will or pretended will may 
be tried by a jury and an issue derected for the trail thereof in the Court of 
Common Pleas of said County. It is hereby ordered that the said Thomas Stewart 
and Robert Stewart enter an action upon the case in the said Court, as of 
August Term now next ensuring in the name of them the said Thomas Stewart and 
Robert Stewart, children and executors named in a certain paper writing 
alleged to be the last will and testament of Robert Stewart, late of Tyrone 
Township, dec'd. against them the said Edie Stewart and James Morrow and 
Nancy, his wife, late Nancy Stewart, children of the said Robert Stewart, 
dec'd. and that the said Edie Stewart and James Morrow and Nancy, his wife 
cause an appearance to be entered for them to the same: And that they same 
said Thomas Stewart and Robert Stewart shall declare as of the said term upon 
a discourse had and moved by and between the said parties of and concerning 
the said instrument of writing and whither the same is the will of the said 
Robert Stewart, dec'd. And that the said defendants in consideration of a 
mutual promise to pay to the said plaintiffs the sum of twenty dollars in case 
the said instrument was the last will and testament of the said Robert 
Stewart, dec'd. And that the said defendants shall plead to issue that the 
said instrument of writing is not the last will and testament of the said 
Robert STewart, dec'd. so that the said issue may be tried by a jury, the said 
plaintiffs affirming the said instrument to be the last will and testament of 
the said Robert Stewart, dec'd. and the said defendants denying it -

And it is further ordered and agreeed that the circumstances of the said 
mutual promises and of the affirmations and assertions laid in the declaration 
shall be consessed so that the trial may be on the merits and the costs shall 
follow the virdict but the said virdict shall give no title to either party to 
recover of the others the sum laid in the declaration. - by the Court.

And now, 11th August, 1829 the report of the said Court of Common Pleas is 
made in the words following:

(Seal of the Court)

I, David R. Porter, Prothonotary of the Court of Common Pleas of the said 
County of Huntingdon, do Certify that at a Court of Common Pleas held at 
Huntingdon on the 10th day of August A.D., 1829 on an Issue formed to try the 
validity of the above and foregoing will wherein Thomas Stewart and Robert 
Stewart were Plantiffs and Edie Stewart and James Morrow and Nancy, his wife, 
late Nancy Stewart were Defendants, a jury of the County being called came to 
wit: Jonathan McCoy; George Robeson; Peter Swoope, Jr.; Lemuel Green; James 
Clark; Robert Hamilton; William Elder; Matthew Cresswell; Michael Garner; John 
Beyers; Francis Jackson; and Jacob White, who being duly selected, drawn 
empannelled, ballotted and Sworn or affirmed and the Plaintiffs evidence gone 
through the Defendants give judgement --

In testamony whereof I have hereunto set my hand and Seal of the said Court 
the 11th day of August, 1829,

D. R. Porter, Prothonotary

Will Book 3, pages 295 and 296

In the name of GOD, Amen. I, Robert Stewart, of Tyrone Township, Huntingdon 
County, and state of Pennsylvania; being weak in Body, but of sound mind and 
memory and taking into consideration the uncertainty of life, make and ordain 
this to be my last will and testament for the disposal of such property as it 
has pleased Almighty God to bestow on me; in the manner following viz-

1st - I recommend my Soul, into the hand of my Creator, from whom it came. And 
my Body to the earth to be decently buried at the discretion of my executors -

2nd - I order and allow all my Just debts to be paid by my executors out of 
the property that may fall into their hand - 

3rd - I give and bequeath to my beloved wife, Margaret, the following articles 
and sums of money to be given and paid to her by my executors at my decease in 
the following manner viz - Twenty dollars to be paid her at my decease and 
Twenty dollars yearly thereafter during her natural life - And Twenty bushels 
of wheat, fifteen bushels of corn, and ten bushels of rye yearly as aforesaid 
(that is to say) the aforesaid several quantities and proportions of grain to 
be given my wife as aforesaid at my decease, and yearly thereafter during her 
natural life - also one hundred and fifty pounds of pork, one hundred and 
fifty pounds of beef - ten yards of shirting linen, ten pounds of wool, the 
aforesaid proportions of each of which articles I will and to be given to my 
wife aforesaid, and the same yearly thereafter during her life - I also give 
to my wife as aforesaid a (Strawberry rone) mare now three years old, and to 
have her choise of my present stock of horses (to have one) and my stock of 
cows (to have two) her choise as aforesaid which horses and cattle aforesaid 
is to be given my wife at my decease, Also her choise of the Kitchen 
furniture, a chest of drawers, and clock - I further give to my wife aforesaid 
the back room on the first floor of my mansion house, and a small room on the 
second floor on the east side of the house, to be occupated by her during her 
natural life. I further order my executors to have sufficient firewood hauled 
and cut at the door for the use of my wife aforesaid, during her life - also 
to have th aforesaid horses and cows, left my wife kept Winder and Summer free 
of expence or charge to my wife aforesaid during her natural life. I also give 
to my wife the residue of the time of Rachel Campbell, an Indented servant.

4th - I give and bequeath to my beloved daughter Ann Russell, five dollars to 
be paid her at the decease of my wife (if she should so long survive me) 
otherwise to be paid her at my decease.

5th - I give and bequeath to my beloved son Samuel, one hundred and fifty 
dollars to be paid in the follwoing manner viz: Fifty dollars to be paid one 
year after the decease of my wife as aforesaid and fifty dollars yearly 
thereafter until the aforesaid one hundred and fifty dollars is paid - 

6th - I give and bequeath to my beloved son Edie, ten dollars to be paid at 
the decease of my wife as aforesaid - 

7th - I give and bequeath to my beloved son James Edie, twenty dollars to be 
paid at the decease of my wife as aforesaid -

8th - I give and bequeath to my beloved daughter Nancy Morrow, five dollars to 
be paid at the decease of my wife as aforesaid -

9th - I give and bequeath to my Grand-son, John Morrow, ten dollars to be paid 
at the decease of my wife as aforesaid -

10th - I give and bequeath to my Grand-Daughter Nancy Morrow, ten dollars to 
be paid at the decease of my wife as aforesaid -

11th - I give and bequeath to my beloved daughter Sarah Mitchell, one hundred 
dollars to be paid within two years after the decease of my wife as aforesaid -

12th - I give and bequeath to my beloved daughter Elizabeth, two hundred 
dollars and a feather bed and bedding. The money to be paid her three years 
after the decease of my wife as aforesaid - And the bedding together with a 
woman's saddle to be given after the decease of my wife as aforesaid -

12th - I give and bequeath to my beloved daughter Mary, two hundred dollars to 
be paid her four years after the decease of my wife as aforesaid - Also a 
feather bed and bedding to be given her at the decease of my wife as 
aforesaid -

13th - I give and bequeath to my Grand-Daughter Rebecca Stewart, one bed and 
bedding and spinning wheel to be given her at the decease of my wife as 
aforesaid -

14th - I give and bequeath to my daughter Jane, so much of the ballance of my 
estate (after the aforesaid legacies are paid) as may be necessary for her 
support and maintainance to be applyed by my executors - who I hereby bind to 
have proper care taken of her my said daughter during her natural life -

15th - I give and bequeath to my son Thomas, and to my son Robert, at the 
decease of my aforesaid wife - and after the aforesaid legacies are paid and 
the support of my daughter Jane, as aforesaid retained - I then give them my 
aforesaid sons Thomas and Robert all my estate real and personal to be divided 
in equal shares between my said sons Thomas and Robert as aforesaid in the 
following manner viz: My personal property at my death I allow to be appraised 
and desposed of by my said sons as aforesaid as they may think best. And at 
the decease of my wife aforesaid I allow my sons Thomas and Robert as 
aforesaid to make such arrangements and agreements between themselves 
concerning the real property which I have left them as aforesaid to dispose of 
it as they think proper - 

And I do consitute and appoint my aforesaid sons Thomas Stewart and Robert 
Stewart to be executors of this my last will and testament revoking and making 
void all former wills by me heretofore made and declaring this consisting of 
four pages to be my last will and testament -

Given under my hand and Seal this thirty first day of July, one thousand eight 
hundred and twenty-seven.

Robert Stewart

Signed Sealed and delivered in presence of John Wilson and John McMullen

I, David R. Porter, prothonotary of the Court of Common Pleas of the said 
county of Huntingdon, do certify that at a court of Common Pleas held at 
Huntingdon on the 10th day of August A.D., 1829 - on an issue formed to try 
the validity of the above and foregoing will wherein Thomas Stewart and Robert 
Stewart were Plaintiffs and Edie Stewart and James Morrow and Nancy, his wife, 
late Nancy Stewart were Defendants. A jury of the County being called came to 
wit: Jonathan McCoy; George Robeson; Peter Swoope, Jr.; Lemuel Green; James 
Clark; Robert Hamilton; William Elder; Matthew Cresswell; Michael Garner; John 
Beyers; Francis Jackson; and Jacob White who being duly selected, drawn, 
empannelled balloted and sworn or affirmed, and the Plaintiffs evidence gone 
through, the Defendants give Judgement. In Testamony whereof I have hereunto 
set my hand and Seal of the said Court the 11th day of August 1829.

D. R. Porter, Prothonotary

Will Book 3, page 310

Memorandum:  Letters Testamentary were this day granted to Thomas Stewart and 
Robert Stewart, Executors of the last will and testament of Robert Stewart, 
late of Tyrone Township, dec'd. - 
Inventory to be exhibited within one month and just and true account, 
calculation and reconing of their said Administration within one year -

Given under Seal of Office the 27th day of February, 1830

D. R. Porter, Register



Additional Comments:
Robert STewart, Thomas Stewart, Edie Stewart, James Morrow, Nancy Morrow

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