WILLS: Francis ROWLEY, 1876: South Fayette Township, Allegheny County, PA ----------------------------------------------------------------------------- Contributed for use in USGenWeb Archives by Gary & Bettie Morrow, October 1999 2morrow@icubed.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. ------------------------------------------------------------------------------ Copied from original estate records on file at the Allegheny County Courthouse, Register of Wills, Pittsburgh, Allegheny County, PA - and recorded in Volume 21, page 117, #72. FRANCIS ROWLEY, late of South Fayette Township, Allegheny County PA I Francis Rowley of S. Fayette township being of feeble health Do make this my last will and testament in manner and form as follows. - I give and bequeath to my Daughter Maggie my sons Howard and Charles the farm on which I reside containing 150 acres adjoining lands of W. Patterson heirs of J Hickman and others their heirs and assigns forever. - And I further give my Daughter Maggie 200 Dollars 1 Bed bedstead and bedding, all the dishes in the dining room cupboard, 1 cow and calf, 1 side saddle & bridle, and a good suit of clothes, To Howard I further give 300 Dollars, 1 young Roane, 1 cow, bed bedstead & bedding, saddle & bridle, and a good suit of clothes, To Charles I further give 100 Dollars and a good suit of clothes, to my Son William I give 5 Dollars - And it is further my will that Maggie, Howard and Charles Occupy and work the farm as heretofore for one year after my decease, with the use of all the personal property for the same time, when the legacys may be delivered and paid, -- the residue and remainder of my Estate after all the debts and legacys are paid to be divided between Maggie Howard & Charles and Mary Roach & Ann Orr share and share alike --- And I appoint my neighbour Moses Hickman Sole Executor of this my will witness my hand and seal this 9th Day of April A.D. 1876. Attest: W. Keffer his John A. Hickman Frances "X" Rowley (both witnesses signed mark with full written signatures) CONTRIBUTOR'S NOTE: Frances Rowley, the son of William Rowley and Sophia Lesnett, was married twice. His first wife was Elizabeth Gilmore and the second was Mary Winters, who died in May, 1874. Frances' family consisted of at least six children: William who married Mary Cubbage Wallace, Mary who married John Roach, Nancy Ann who married Robert Orr, Margaret who married Thomas Hidler, Howard who married Annie Dripps and Charles who married Sarah J. Ross. It is thought that the last three children; Margaret, Howard and Charles, were by his second wife, Mary. Since he was illiterate, Frances would have had to dictate his will to another party. Comparing the witness' signatures to the written text of the will, it seems that W. (William) Keffer's handwriting is very similar. Frances Rowley died 11 April 1876 and is buried beside his second wife, Mary Winters at the old Bethany Presbyterian Church Cemetery, located near Bridgeville, South Fayette Township, Allegheny County, PA. The following document shows that there was obviously some disagreement between the siblings over their father's estate. Allegheny County, ss: At a court of Common Pleas No. One held in and for said County the 19th day of December, A.D., 1876, a certain precept issued by the Register of Wills in and for said County, and to the Judges of said Court directed, was presented, reciting that one, Moses Hickman, had presented to the said Register for probate a certain writing, which he, the said Hickman, averred was the last will and testament of Francis Rowley, late of the Township of South Fayette in said County, deceased, and that a certain Mary Ann Roach and a certain Nancy Ann Orr, daughters of said decedent, had objected before said Register certain matters of fact against the validity of said writing, and requested that an issue be directed into said Court to try by a Jury the validity of said writing, and the matters of fact which might be objected thereto, and commanding the said Judges that they cause an action to be entered so that an issue might be formed upon the merits of the controversy between the said parties, and tried in due course: whereupon the said Court the same day did direct an issue to be formed between the parties interested, wherein the said Moses Hickman should be plaintiff, and John Roach and the said Mary Ann Roach, his wife, and Robert Orr and the said Nancy Ann Orr, his wife, should be the defendants., and afterward issues were formed accordingly as well upon the matters of facts alleged against the said writing as in said precept recited, as upon the additional allegation of the said defendants in effect that a mistake was made in the writing of the said writing, by reason whereof it did not express the will of the said decedent; which issues were afterward tried by a jury of said Court in due course, and by said jury on the 24th day of May, A.D., 1878, found for the said Hickman, the plaintiff therein: which findings have not been set aside or reversed. In testimony whereof I, B.F. Kennedy, Prothonotary of said Court do set my hand and affix the seal of said Court the 4th day of June, A.D., 1878. B. F. Kennedy NOTE: The following was found at the courthouse, attached to the will of Francis Rowley. A. This is the paper A referred to in the deposition of Mr. Keffer, taken before Matthew Borland, J.P., on May 5th 1877, under a rule & noted for _?_ purpose, to be read on part of plff. In a certain cause depending in the Court of Com. Pleas No. 1 of Allegheny Co., Pa., wherein Moses Hickman is plff. and Roach et ux. Et al., are defendant. Witness the hands of the said witness & of said Justice the same day. W. H. Borland J.P. William Keffer Written on the bottom of the page: "Letters granted July 27, 1878"