Wills: Adam Countz/Koontz, 1798: Providence Twp, Bedford Co, PA

Contributed for use in USGenWeb Archives by Rhonda Neibauer,
Nancy Peche, Jeff Rinscheid, Mary Crisman, Eilene Moore, Margo
Knepp, Carson Brown, Eilene Moore, Charlotte Armour, and other
Wertz researchers.
irhonda@wctc.com


USGENWEB NOTICE: Printing this file by non-commercial individuals
               and libraries is encouraged, as long as all notices
               and submitter information is included. Any other use,
               including copying files to other sites requires
               permission from the submitters PRIOR to uploading to
               any other sites. We encourage links to the state and
               county table of contents.
______________________________________________________________

WILL OF Adam COUNTZ/KOONTZ (1798)

In the name of God, Amen.  I, Adam COUNTZ of Providence Township in the
County of Bedford and Commonwealth of Pennsylvania, yeoman being very
sick and weak in body but of perfect mind and memory thanks be given
unto God calling into mind the mortality of my body, do make and ordain
this my last Will and Testament in manner following: I recommend my soul
into the hands of Almighty God that gave it me, and my body I recommend
to the earth to be buried in a decent Christian burial at the discretion
of my Executors.  And as touching such worldly estate, wherewith it has
pleased God to bless me within this life,  I give, devise and dispose of
the same in the following manner and form.

First I will that all my lawful debts shall be settled and paid by my
executors.  Secondly, I give and bequeath to Mary, my dearly beloved
wife, one hundred and fifty dollars cash, lawful money of Pennsylvania,
to be raised and levied on my estate, together also with one bay mare
and her choice of one of my horned cattle; the house; clock;  the
cubboard now standing in mention(ed) house or store room, with furniture
thereunto belonging;  the dresser in the kitchen with as much of the
furniture as she may find occasion for, to be at her option; bed,
bedding, and bedstead, her choice; two good chests; the iron pots now in
the house; twelve bushels of wheat and twelve bushels of rye yearly; and
one quarter of an acre of flax, sowed yearly whilst she lives, the same
to be raised and levied of the premises that I now live on; with full
privilege of the dwelling house, and conveniences therein belonging and
such part of the garding (garden) as she may think necessary for her own
use, during her natural life and her abode on the said premises.
Otherwise, if the said Mary, my beloved wife, should  alter her station
of life, or change her name, she is then liable to leave the premises
hereby given and bequeathed, with the moveable property, to my other
legatees, as hereafter mentioned at the option of my executors.

Thirdly, I Give and bequeath to my beloved children David, my dau(gh)ter
Elizabeth SMOUSE, Henry, Nicholas, Peter, and Abraham, an equal part of
all my estate, real and personal, only excepting as aforesaid, excepted
to my beloved wife, to be divided as hereinafter stated at the option of
my executors.

Fourthly, I give and bequeath to my beloved sons, Nicholas and Peter, to
them, their heirs, executors and administrators, forever all the
hereinafter sounded and described tracts or parcels of land. Viz: One
tract of land called Paradise situate on the north side of Juniata River
containing two hundred and twenty six acres and one hundred and ninety
perches and allowances surveyed, in pursuance of an application No. 822,
entered 9th August 1766 by James FAULEY, patented fourth day of February
1789, being the same tract of land I now live on .  Also one other tract
of land situated on the south side of the Juniata River in Colerain
Township in the county and state aforesaid, adjoining the aforesaid
tract of land containing 86 acres and bordering the same tract of land
which William HARTLY sold to me by Article 86 Reference, thereunto being
had will at large appear the said two tracts of land being valued by the
above named testator for the sum of six hundred pounds lawful money of
the state aforesaid to be charged to the said Nicholas and Peter, my
beloved sons and no farther. Also the said two tracts of land above
described to be divided equally between the said Nicholas and Peter, my
sons, as they may agree, without any advantage being had to parties, the
same to be described by my executors.  And further, the said Nicholas
and Peter, my sons, for the consideration of the bequeath of said two
tracts of land as above mentioned and described, shall pay the full sum
of four hundred pounds lawful money as aforesaid, in equal shares as
above divided, to be levied of them, the said Nicholas and Peter, their
heirs, executors, or administrators, for the benefit and behalf of my
other beloved children,  David, Elizabeth SMOUSE, Henry, and Abraham.

VIZ: the same to be paid as followeth: One year after my decease the
said Nicholas and Peter, my sons, shall jointly pay or cause to be paid
unto Abraham, my beloved Son, his heirs or assigns, the full sum of
fifty pounds lawful money of the state aforesaid.  And one year next
ensuing, said last payment, the said Nicholas and Peter, their heirs or
assigns shall pay or cause to be paid fifty pounds like lawful money to
the said Abraham, my son, his heirs or assigns.  Thence for the year
next ensuing,  the said payments as above mentioned, the said brothers,
Nicholas and Peter, their heirs or assigns, shall pay or cause to be
paid to David, my son, the full sum of fifty pounds like lawful money in
one year.  First year ensuing, the last payment the said Nicholas and
Peter, their heirs or assigns shall pay or cause to be paid to my
daughter Elizabeth SMOUSE, heirs or assigns the full sum of fifty pounds
lawful money aforesaid in one year. Next ensuing, the last payment the
said Nicholas and Peter, their heirs or assigns shall pay or cause to be
paid unto Henry, my son, his heirs or assigns, the full sum of fifty
pounds lawful money aforesaid. In one year next ensuing, the last
payment the said Nicholas and Peter, their heirs or assigns, shall pay
or cause to be paid unto David, my son, his heirs or assigns the full
sum of fifty pounds lawful money aforesaid.  In one year next ensuing,
the last payment the Nicholas and Peter their heirs or assigns shall pay
or cause to be paid unto my daughter Elizabeth SMOUSE, heirs or assigns,
the full sum of fifty pounds lawful money aforesaid.  And in one year
next ensuing the last payment, the said Nicholas and Peter, their heirs
or assigns, shall pay or cause to be paid unto Henry, my son, the full
sum of fifty pounds lawful money, aforesaid the sum being in full the
consideration and payment for the said bequeathed lands to my beloved
sons, Nicholas and Peter, as hereby inherent by my last will and
testament.

Fifthly, I will that all my debts, bonds, notes, books, accounts,
moneys, personal and movable property, otherwise than what is above
mentioned, given and bequeathed to my beloved wife, shall at any time
convenient after my decease by valued and appraised by my executors, and
the same to be divided equally between my beloved children, David,
Elizabeth SMOUSE, Henry, Nicholas, Peter, and Abraham, their heirs or
assigns. The personal property may be divided by the appraisement if
agreed upon by these, my legatees, otherwise to be sold at public vendue
and divided by my executors as above.

And I do hereby constitute, make and ordain my firstborn son, David, and
my beloved friends John NICOM (NYCOM), and Michael RICHEY (RITCHEY) the
sole executors of this my last will and testament.  And I do hereby
utterly disallow and revoke all former testaments, wills, legacies and
executors, ratifying and confirming this and no other to be my last will
and testament.  In witness whereof I have hereunto set my hand and seal
this twenty first day of December, in the year of our Lord, One Thousand
Seven Hundred and Ninety Eight.

Signed, sealed, published, pronounced, and declared by the said Adam
COUNTZ as his last will and testament in the presence of us: Jacob
EARNEST, Michael SMOUSE, Johannes ENGLEBRIGHT, Bedford County.  On this
twenty second day of March, AD 1799, before me, John ANDERSON, Register
for the probate of wills and granting of letters of administration in
and for the County of Bedford in the Commonwealth of Pennsylvania,
personally came Jacob EARNEST, Michael SMOUSE, and John ENGLEBRIGHT, the
subscribing witnesses to the above, and within instrument of writing and
being duly sworn according to law, did declare and say that they were
personally present and heard and saw the above named Adam COUNTZ make
his mark, seal, publish, pronounce, and declare the above and within
instrument in writing as and for my last will and testament, that they
subscribed their names as witnesses of the same in the presence of the
testator, and at his request.  And that at the execution of the said
instrument, he, the said Adam Countz was of sound and disposing mind,
memory and understanding to the best of these deponents knowledge and
belief.


Jacob EARNEST                                         Adam COUNTZ [his mark]

Michael SMOUSE

John ENGELBRIGHT

(Will book No. 1, Page 127, Bedford Co., PA--as transcribed on 20 March1998, 
by: Rhonda Whetstone Neibauer, 9620 Oak Ridge Road, Wisconsin Rapids, WI 54494;
Phone: 715/325-3533; email <irhonda@wctc.net>;
Please note that punctuation is mine, and changes are noted in ( )--RN)