WILL: William CESSNA, 1861, Colerain Township, Bedford County, PA Surnames: CESSNA, BOWLES, SMITH, CUNNINGHAM Contributed for use in the USGenWeb Archives by Mary Cessna 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. 1