WILL: David BRALLIER, 1868, 1880, Hopewell Township, Bedford County, PA

Contributed by Ruth Curfman rcurfman@chartermi.net

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William BRALLIER

Bedford County, Pennsylvania, Volume 5, p. 481

Transcribed from SAMPUBCO Copy

In the name of God Amen. I David Brallier late of Hopewell Township in the 
county of Bedford and state of Pennsylvania yeoman being of sound mind memory 
and understanding do make and publish this my last will and testament in 
manner and form following hereby revoking and making void all forms writh by 
me at any time heretofore made. I deed that my body be decently interred and 
that my funeral be conducted in a manner corresponding with my estate and 
situation in life; and as to such worldly estate as it hath pleased God to 
entrust me with I dispose of this same as follows; viz,
First, I direct all my just debts and funeral expenses to be fully paid and 
satisfied by my executors hereinafter named as soon as conveniently may be 
after my decease. 
Second, I give and bequeath unto my beloved wife Amelia Brallier all my 
household and kitchen furniture and all my personal property to be held used 
and enjoyed by her during her natural life; that at her death I order and 
deed that the same shall be sold by my executors and the proceeds thereof 
equally divided among all my children except that neither my son David 
Brallier nor his heirs, nor my daughter Delilah intermarried with Thomas M. 
Ritchey nor her heirs should have any portion or part thereof.
Third, And that also to my wife Amelia Brallier I give and bequeath the use 
and occupancy of my mansion house with garden & appointments during her 
natural life, and to Have such further privileges as are set out more fully 
in the desires for my son Levi.

Fourth: To my son Levi Brallier, I grand desire and bequeath my mansion farm 
situated in the township of Hopewell aforesaid containing one hundred fifty 
acres more or less, adjoining lands of George Hinishs heirs, John Warsings 
heirs, Augustus Greenwalt, Jacob Reinard and Philip Knisely, subject to the 
right of my widow Amelia Brallier to occupy the mansion house and this might 
right also to her to have pasture or stable room for two cows and five sheep 
upon the pasture and fire-wood which my said son is to cut and haul and have 
cut ready for burning at the house, and subject also to the right of my said 
widow to have and to receive the one third of the rents, issues and profits 
of said property to wit grain ____ bushel, hay and so forth which may be 
raised thereof and which may said son is to give, yield up and deliver to her 
annually so long as she lives. And also after the death of my said widow 
Amelia Brallier, my said son Levi is to pay out to my other children and 
heirs the sum of seven hundred dollars to be divided equally among them, 
except that neither my son David nor his heirs nor my daughter Delilah 
intermarried with Thomas M. Ritchey or her heirs are to have any part 
thereof. 
Fifth: It is also my will and I order desire that the land warranted in the 
name of John Reighart containing one hundred and ninety five acres adjoining 
lands of Jacob Steel, George Hinishs heirs and my other lands in said 
township (after the death of my widow) should be sold to the best advantage 
by my executors who are also hereby fully empowered to convey the same. The 
proceeds of said sale is to be equally divided among my heirs except as 
aforesaid, that no part shall go to or be received by my son David or his 
heirs, or my daughter Delilah intermarried with Thomas M. Ritchey or her 
heirs.
Sixth: To my daughter Delilah intermarried with Thomas M. Ritchey I will and 
bequeath the sum of five dollars in full of her share of my estate.
Seventh: I desire to my son David Brallier (in trust as herein after 
mentioned the house and lot in L__ville occupied by himself and family, also 
the tract of timber _____ in the name of William Piper adjoining land of 
______ John Burket, Jacob Stayer, Henry Fluck, Adam Ritchey, Philip Skinner 
and William Denier, known as the "Ridge Track" and containing one hundred and 
thirty two acres, and also the tract of land adjoining Latisville lands of 
Edmund Trimbath, Joseph W. Tate and Adam Ritchey containing ten acres as the 
"Saw Mill Tract," and having a saw mill &c there in erected including the 
said saw mill, water power buildings and all the privileges and appurtenances 
whatsoever there unto belonging.
This devise however to my son David Brallier is in trust for the following 
purposes and uses viz: that he shall possess, occupy and manage the same and 
conduct and carry on business there and to farm, saw lumber, trade, deal, 
barter, buy and sell in and for all things that pertain to the said estate 
and its business or its products during his natural life and out of the 
profits thereof, from time to time to make such investments or purchase of 
other property real or personal for the same used purposes, and trusts, to 
wit: for the sue of such child or children of the said David Brallier may 
have lawfully begotten at the time of his death, and if he shall die without 
issue, then for the use of such person or persons as should be my heirs at 
law at that time.
And if the said David Brallier should at any time deem it advantageous and 
useful for the purposes of trust here hereby created that the property hereby 
devised should be sold or any part thereof, then I do hereby authorize and 
empower him to sell the same and to make a little for the same to the 
purchaser in fee simple and with the proceeds sales, I do hereby authorize 
and empower my said son David Brallier to make such other investments real 
and personal or commence, conduct and carry on such other business for the 
benefit of the ______ trust as he may deem most advantageous; subjecting the 
said estate hereby devised or its proceeds or issues trusts to such debts 
only as shall be contracted in the execution of this trust. And in 
consideration that my son David Brallier shall and will undertake and 
continue to execute personally and perform the trusts hereby committed to 
him, he shall be allowed a reasonable out of this trust fund for his personal 
services rendered. 
I desire that it should be understood that it is not because of want of 
confidence which I might have in my said son David that I make no devise or 
bequeath absolutely to him, but it is because I desire to provide against my 
bounty to his children and my heirs being appropriate to those debts which he 
contracted in an unfortunate business.
The children of my deceased son William Brallier are to take the shares to 
which their father would be entitled under this will if living. Should any of 
my heirs to whom devises and bequeaths are made die, then the children of 
such shall take and receive the share of the parent and after born children 
of any of my heirs entitled to receive under this my will shall share and 
receive equally with those living at the date hereof. And I do hereby and 
ordain my two sons David Brallier and Levi Brallier to be the executors of 
this my last will and testament. In Witness whereof I David Brallier the 
testator have to this my will written on two sheets of paper set my hand and 
seal this 26th day of October in the year of our Lord one thousand eight 
hundred and sixty eight.
David Brallier (Seal)

Signed, sealed, published and declared by the above named David Brallier as 
and for his last will and testament in the presence of us who have hereunto 
subscribed our names as witnesses thereto in the presence of the said 
testator and of each other.

G. H. Spang
W. T. Daugherty

Bedford County
Personally appeared before me E. W. Shoemaker, Register for the Probate of 
Wills &c in and for said County G. H. Spang, Esq one of the subscribing 
witnesses to the last will and testament of David Brallier last of Hopewell 
Township deceased, who being duly sworn according to law deposes and says 
that he was personally present and saw and heard the above named testator 
sign and seal, pronounce and declare the above and foregoing instrument of 
writing as and for this last will and testament that he signed his name 
thereunto as a witness in the presence of the testator and at his request and 
in the presence of W. T. Daugherty and at the time of so doing testator was 
of sound mind and memory and understanding to the best of his knowledge and 
belief.

Sworn to and subscribed before me this 23rd day of September A.D. 1880, E. W. 
Shoemaker Register
G.H. Spang

Bedford County
Personally appeared before me E. W. Shoemaker Register for the Probate of 
Wills &c in and for said County Samuel L. Russell Esq. Who being duly sworn 
according to law doth depose and say that he was personally acquainted with 
W. T. Daugherty and of the subscribing witness to the last will and testament 
of David Brallier that he has often seen the said Daugherty write his name 
and that he W. T. Daugherty is the genuine and proper handwriting of W. T. 
Daugherty to the best of his knowledge and belief.

Sworn and subscribed before me this 23rd day of Sept. A.D. 1880 
E. W. Shoemaker Register
Samuel L. Russell

Filed proved and Letter Testamentary granted to Levi Brallier on the 23rd day 
of September A.D. 1880 he having been duly sworn according to law. Decedent 
died September 14th A.D. 1880 at 4 ½ o'clock on oath of Levi Brallier. Oath 
on file.
E. W. Shoemaker, Register

[written in the side margin of the first page]
November 2nd 1885 I Delilah Ritchey daughter of David Brallier assign to 
Joseph W. Tate Sr my Legacy of five dollars without recourse. 
Attest Thos. M. Ritchey [signed] Delilah (her X mark) Ritchey

Nov 24th 1895
Receipt form Levi Brallier Executor of David Brallier decease Five Dollars in 
full of Legacy of Delilah Ritchey
J. W. Tate [signed]