WILL: William CESSNA, 1861, Colerain Township, Bedford County, PA
Surnames: CESSNA, BOWLES, SMITH, CUNNINGHAM
Contributed for use in the USGenWeb Archives by Mary Cessna
<familysleuth@earthlink.net>
Copyright 2003. All rights reserved.
http://www.usgwarchives.net/copyright.htm
Transcribed from SAMPUBCO copy by Mary Cessna and Jean Klein on 26 Jan 2002.
Bedford County, PA, Will Book Vol. 4, page 437
William Cessna
Last Will
Last Will and Testament of William Cessna of Colerain Township, made July 15,
1861.
I, William Cessna of Colerain Township, Bedford County, being of sound and
disposing mind, memory and understanding do make, publish and declare my last
Will and Testament in manner and form following to wit.
1. I do order and direct my executors to pay all my just debts.
2. I fully authorize and empower my executors to sell my upper place known as
the Beltz Mill & farm except that part thereof herein after devised to my sons
Wm and George W and empower them to make a deed or deeds to the purchases or
purchases thereof my personal property not specifically devised to be sold by my
executors.
3. To my two sons William Cessna and George W Cessna I give devise and bequeath
my mansion farm on which I now live formerly the property of my father, John
Cessna now deceased, in fee Simple, Subject to the legacies hereinafter named or
charged. I also give to them as additional timber land for said farm, all that
part of the Beltz farm lying and being south of the Cove Creek beginning in the
East along the road from Rainsburg to Cumberland Valley which passes the houses
of Wm Rose & P.M. Cessna now deceased and extending along said Creek on the
South Side thereof to the land sold to Thomas Oliver and including the first
field which lies between said Oliver and the Creek. This land also to be subject
to the legacies hereinafter named. I also give to said two sons, Wm and George W
(partly in pursuance of an agreement heretofore made with them) all my farming
utensils, threshing Machine, wind mill, Screen, Cart, plows, harrows, wagons &
kettils & all household and kitchen furniture, horse gears & all my goods &
chattels except those directed to be sold or otherwise devised. George & Wm owe
me in part for part of this personal property. This is to be paid to my
executors unless paid to me in my lifetime.
4. I give to William, George and Jonathan each one bed and bedding and six
chairs, to Wm my clock, to George my bureau, and to Jonathan my desk and order
my executors to sell my large wagon, get from John James my two horses and my
grain if not sold by myself. The said Wm and George have now rented from me my
said farm.
5. In case my two sons can not agree in holding or dividing said farm they are
to select one appraiser each and the two so chosen to select a third who shall
value the land and Wm to have the first right to take the same. If he declines
then George W to take it. If both refuse then they shall sell it and divide the
proceeds. The personal property sold and given to them to be owned in equal
shares.
6. In giving to Wm and George the timber land of the Beltz farm, I reserve the
whole Stream or all the water of Cove Creek for the Mill property directed to be
sold with full right to construct or erect a dam or race or both on the land
given to said Wm and George W.
7. I hereby charge the said Wm and George (in addition to what they now owe me
for personal property sold them) for all that is given to them herein, the sum
of six thousand four hundred dollars - four hundred dollars to be paid in one
year after my death and six hundred dollars a year thereafter until all shall be
paid - no interest on any payment to be charged and all to be paid over to my
executors.
8. I give my carriage to my daughter Mary Bowles.
9. I desire to make all of my children equal. I have paid to my son Peter M
Cessna, now deceased, nine hundred dollars, to my son Thomas R Cessna, nine
hundred dollars, to my daughter Rebecca Smith, nine hundred dollars, to my
daughter Christina Cunningham, two hundred and forty dollars, to my daughter
Rachel Smith, one hundred and thirty six dollars, and to my daughter Mary
Bowles, sixty two dollars. I order that these sums shall stand against their
shares of my estate. Should I make further advances to any of my children and
charge the same it is to be deducted. I next desire and direct that my executors
shall pay to my several children the following sums to John, nine hundred
dollars, to Joseph nine hundred dollars, and to Jonathan nine hundred dollars,
to Mary eight hundred and thirty eight dollars, to Rachel, seven hundred and
sixty four dollars, and to Christina, six hundred and sixty dollars - Said sums
all to be paid without interest by my executors an to be paid as they see fit as
to priority, paying those first who are most needy. I gave to my son P.M. Cessna
some four or five hundred dollars in addition to the nine hundred herein
charged, but these are allowed for his extra labor and industry while he
remained with me.
10. I now charge Wm and George W each the sum of nine hundred dollars in
addition to the $6400.00 herein directed to be paid by them for the real and
personal property herein given to them.
11. After all of my children shall have thus received nine hundred dollars each
and all my debts shall have been paid, I order and direct that the residue of my
estate shall be equally divided among all of my children then living and the
issue of such as may be then dead, having left issue. Such issue taking such
share as the parent would have received if living.
12. In all cases, legacies herein mentioned should be paid to my daughters and
not to their husbands or to the children of any daughter that may be deceased.
13. Should any child die before receiving anything left to him or her, leaving
issue - Such issue to take the same and leaving no issue, then the share or
legacy so left to such child or children to be equally divided among the
survivors & the issue of any who may have died leaving issue.
14. John Cessna and George W Cessna are hereby appointed executors of this my
Will & all former Wills are hereby revoked.
William Cessna (seal)
Witnesses
A.C. James
William F. Smith
Codicil
I William Cessna do hereby make, publish and declare the following Codicil to my
last Will and Testament, dated July 15th 1861. In addition to the $6400.00
charged upon the lands devised to my sons Wm and George W I now charge one
hundred dollars additional so as to put the personal property given them
(besides that purchased by them) at $300. The timberland from the Beltz farm at
$400.00 and the mansion farm at $7600.00 or in all $8300.00. Of this sum
$1800.00 or $900.00 each are for their own use & not to be paid, being charged
against their shares in my Will. This one hundred dollars additional I direct
them to pay one year after my death to my son, Joseph to whom it is given
hereby, he having some work for me, after his arrival at the age of 21 years.
Witness my hand and seal, July 17th 1861.
William Cessna (seal)
Witnesses
O.E. Shannon
John Hafer
Bedford County SS
Personally appeared before the Deputy Register for the Probate of Wills for
Said County,
O.E. Shannon subscribing witness to the foregoing instrument of writing, who
being duly sworn according to law doth depose and say that he was present and
saw the Testator, William Cessna
Sign his name to the Same & heard him pronounce and declare said instrument of
writing to be a codicil of his last Will & Testament, that he desired him to
sign his name as a witness thereto & at the time of so doing, he the said
testator was of sound and disposing mind, memory & understanding to the best of
his knowledge and belief.
Sworn & Subscribed before me Oct 12, 1864 O. E. Shannon
H. Nicodemus, Deputy Register
Bedford County SS
Personally appeared before the Register for the Probate of Wills for Said
County, John Hafer, subscribing witness to the foregoing instrument of writing,
who being duly sworn, doth depose and say that he was present and saw the
Testator, Wm Cessna sign his name to the same and heard him pronounce and
declare said instrument of writing to be his last Will and Testament, that he
desired him to sign his name as a witness thereto & at the time of so doing he,
the said testator, was of sound and disposing mind, memory and understanding to
the best of his knowledge & belief.
Sworn & Subscribed before me Oct 12, 1864 John Hafer
O. E. Shannon, Register
Bedford County SS
Personally appeared before the Register for the Probate of Wills for Said
County. A. C. James & Wm H. Smith subscribing witnesses to the foregoing
instrument of writing, who being duly sworn according to law do depose and say
that they were present and saw the Testator, William Cessna, sign his name to
the same and heard him pronounce and declare said instrument of writing to be
his last Will and Testament, that he desired them to sign their names as
witnesses thereto and at the time of so doing, he the said Testator was of sound
mind, memory and understanding to the best of their knowledge & belief.
Sworn to and subscribed the 12th day A. C. James
Of Oct A.D. 1864 Before me Wm. F. Smith
O. C. Shannon, Register
Be it understood that on the 12th day of October A.D. 1864, Letters Testamentary
were issued to John Cessna and George W Cessna, the Exec named in the foregoing
Will. They having been both
severally sworn.
O. E. Shannon, Register
Written on the left margin on page 1:
Dec 25, 1866. The balance of Legacies charged by this will against William and
George W Cessna, to wit: $398.00 due 1 Oct 1873, $600.00 due 1 Oct 1874 &
$600.00 due 1 Oct 1875, all being discounted are fully settled & the real estate
& said devices released and discharged.
See account of George W Cessna, one of Executors this day filed.
John Cessna (seal)
G W Cessna (seal)
Executors
Written on the left margin on page 2:
Note #1:
Dec 12th 1865, the sum of one hundred Dollars given by this codicil to Joseph
Cessna, was by him assigned to same, per papers recorded, is now satisfied by Wm
Cessna & George Cessna.
(Signed) John Cessna
Note #2:
Unreadable note regarding payments of funds owed to the estate by Wm & George
Cessna signed by John Cessna on the 12 day of December AD 1885.
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