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 ; Please note that punctuation is mine, and changes are noted in ( )--RN)