Wills: John Kinton, 1826: Napier Twp, Bedford Co, PA Contributed for use in USGenWeb Archives by Jeff Rinscheid, Mary Crisman, Rhonda Neibauer, Nancy Peche, Margo Knepp, Carson Brown, Eilene Moore, Charlotte Armour, and other Wertz researchers. jrinscheid@lucent.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 JOHN KINTON, [Son of Thomas Kinton & Rachel Carson] Will Book 2, Page 202, 203, 204. Will dated: April 2, 1825 Codicil date: August 17, 1825 Probated: March 27, 1826 Letters of Testamentary granted: April 5, 1826 In the name of God Amen. I JOHN KINTON of Napier Township, Bedford County being at present in good health of body and of sound mind and memory do make this my Last will and testament. I give and bequeath to my wife ELIZABETH her bed, a cow, mare, saddle and bridle of her choice, a B [?] one back Room in the house where I now live with household and as much [?] furniture s she may think necessary. ALLEN to whom the old home place willed is to keep at his expense the cow, and mare willed to my wife [?] her and her bound girl with all kind of provision and wood necessary during her life. I give and bequeath to my son JAMES the Plantation on which he now lives together with what together with what I have already given him as his full share of my estate. I give and bequeath unto my son THOMAS all that tract of land which I purchased of Thomas Smith, Esq. Together with fifty acres adjoining the above in my name surveyed by James Piper also one bed and one cow. I give and bequeath to my son JOHN all that part of my land in the name of ALLEN ROSE on the North side of a straight line beginning at a crab apple tree on the glade turnpike road to a marked white oak on the line between mine and William Wittonís land. I give and bequeath to my son ALLEN all the residue of the tract of land in which I now live also one bed and one cow. I give and bequeath unto my daughter CARSON two hundred and fifty dollars with what I have before given her is in full of her share. I give and bequeath to my daughter ELIZABETH five hundred dollars, one bed and one cow in full of her share. I give and bequeath unto my daughter MARTHA one hundred dollars together with what I before gave her in full of her share, Bound girl to have a freedom suit, a feather bed and bedding and spinning wheel beside her weaving apparel to be paid out of my Estate after my just debts are paid out of my personal property the residue of the legacies to my daughters CARSON, ELIZABETH and MARTHA are to be paid by JAMES. JAMES to pay this and ALLEN two thirds to wit one third within one third written two years and remainder within the third year after my decease. JOHN and THOMAS to pay my wife each ten dollars per year during her life the Plantation on which Samuel Taylor now lives. I give and bequeath to my grandson JOHN KINTON MULLEN all the property willed to my wife to be appraised and filed in the Registers Office and after her death to be equally divided between my three daughters and lastly I nominate ? appoint my son JOHN and Jacob Bennett to be my Executors of this my last will hereby revoking all other wills, legacies and bequests by me heretofore made and declaring this and no other to be my Last will and testament. In Witness whereof I have hereunto set my hand and seal the second day of April in the year of our Lord one thousand eight hundred and seventy-five. Before signing a feather bed and bedding and spinning wheel [?]. Last will and testament signed JOHN KINTON [Seal] in the presence of us Thomas J. Bennett [?] J. Balile [?] August 17, 1825 There having been an alteration in my family since the foregoing will was made I therefore now make and publish this as a codicil to the same viz. The cow, mare, bridle and saddle willed to my late wife. I order and direct shall be a part of personal estate to be appraised and constitute a part of the funds for the payments of debts and legacies as aforesaid. The Bureau also willed to my late wife I hereby bequeath unto my daughter ELIZABETH also fifteen sheep unto her my said daughter ELIZABETH. It is also my will and I Hereby devise unto my son JOHN in fee all the residue of the tract of Land on which I now live and which was divided to my late son ALLEN. I also hereby will unto my son THOMAS four shares of stock in the Somerset and Bedford Township Road Company, also one mare, colt, fouled last spring. It is further my will that the bed and cow willed unto my late son ALLEN be appraised and form part of my personal estate for the purpose of paying debts and legacies before mentioned. I also will unto my daughter CARSON my silver snuff box also to JOHN and THOMAS each a plow and guns. It is further my wife that after my just debts are paid out of personal estate if shows there shall not be sufficient to pay the legacies as set forth in my said will to be paid to my daughters, CARSON, ELIZABETH and MARTHA then the same are to be paid by my said sons JAMES, JOHN, and THOMAS to pay one third and JOHN two thirds in the same manner and at the same times as set forth in my said will to which this is a codicil to have been paid by my sons JAMES and ALLEN and the land divided to them is hereby changed / charged with the payment of the same in case there shall be a deficiency of personal estate after taking out the bequeaths specifically made my wife also is that my son THOMAS shall patent the land divided to him and that my personal estate shall not be applied to the payment of patenting said Land but lest my said son should have difficulty in patenting said Land I hereby will unto my said son THOMAS for the purpose of patenting the Land as aforesaid all the money [?] from William C. Dorsey [?] dated 28th March 1825 now in my property and marked A. It is further my will that in case there is a surplus of personal property remaining after paying my debts and legacies aforesaid, then the proceeds of the same be applied to the patenting of THOMASíS Land in addition to the money from William C. Dorsey as aforesaid and the residue [?] from my personal estate after paying debts and legacies as mentioned in my said [?] to be [?] [?] my three daughters CARSON, ELIZABETH, and MARTHA share and share alike and I hereby will and direct all my personal estate not here in before willed for specifically disposed of to be appraised and publicly sold at the discretion of my Executors. I also hereby [?] the appointment of my son JOHN and my trusty friend Jacob Bennett, Executors of my said will and of this my codicil both of which I hereby declare to be my Last will and testament. In testimony whereof I have hereunto set my hand this seventh day of August Eighteen hundred and twenty-five. Signed and sealed and delivered by the said JOHN KINTON [Seal] JOHN KINTON to be a codicil to his last will and testament the day and year last aforesaid in presence of George Burd, William Miller Joshua Pierson, Jus. I JOHN KINTON do make and publish this as a further codicil and expression of my last will and testament whereas In my first will I have devised the Plantation on which Samuel Taylor now lives to my Grandson JOHN KINTON MULLIN now I hereby will and devise the said Plantation on which said Samuel Taylor lives to my daughter ELIZABETH KINTON for and during her natural life and at her decease then I will and devise the same to be the estate of my said Grandson JOHN KINTON MULLIN in fee this devise to my said daughter ELIZABETH to be in addition to what I have already willed to her. And I hereby continue the appointments of my son and my trusty friend Jacob Bennett of my said will and of these codicils to the same and declare the same to be my Last will and testament. In testimony whereof I have here unto set my hand this second day of March Eighteen hundred and twenty-six. Signed, declared and published by the said JOHN [ X ] KINTON JOHN KINTON to be a further codicil to his his mark Last will and testament the day and year last appears and in presence of: George Burd, William Miller BEDFORD COUNTY, PA. Personally appeared before the subscriber register for the probate of wills my granting Letters of administration in and for said County Johnathan Castile, Esq. Who being duly sworn deposeth and saith that he was personally present and heard and saw the testator JOHN KINTON sign and publish and declare the foregoing instrument of writing as and for his Last will and testament that at the time thereof the testator was of sound and disposing mind, memory and understanding according to the best of this deponents knowledge and belief and that he subscribed his name thereto as a witness in the presence of testator and at his request and that the name Thomas J. Bennett thereto subscribed as a witness is the proper signature of the said Thomas J. Bennett. Sworn and subscribed the 27th day of March 1826. J. Carlile Job Mann . Register BEDFORD COUNTY, PA. Personally appeared before the subscriber Register for the probate of wills and granting Letters of administration in and for said County George Burd, Esq., William Miller and Joshua Pierson, Jus. The subscribing witnesses to the first codicil attached to and a part of the foregoing will who being duly sworn do depose and say that they were personally present and heard and saw the testator JOHN KINTON sign, seal, publish, pronounce and declare the forgoing first Codicil as and for a part of his last will and testament and requested the same to be attached to and form a part of his Last will and testament that at the time thereof the testator was of sound and disposing mind, memory and understanding according to the best of these deponents knowledge and belief and that they subscribed their names thereto as witnesses in person of the testator and all his requests. Sworn to and subscribed the 27th day of March A.D. 1826. Before me Job Mann, Register [The foregoing Codicil was not signed by the testator in presence of Joshua Pierson, Jus. But was acknowledged as a codicil in part of his Last will and testament by the JOHN KINTON in presence of said Joshua George Burd, William Miller Joshua Pierson, Jus.] Also the said George Burd, Esq and William Miller the subscriber witnessed to the forgoing second Codicil or instrument of writing attached to the foregoing will who being duly sworn do depose and say that they were personally present and herd and saw the testator JOHN KINTON sign, seal, publish and declare the forgoing instrument of writing as second Codicil as and for a part of the Last will and testament and desired that the same should be attached and from a part of his will that at the time thereof the testator was of sound and disposing mind, memory and understanding according to the best of these deponents knowledge and belief and that they subscribed their name thereto as witnessed in presence of the testator and at his request. Sworn and subscribed the 27th March A.D. 1826. George Burd William Miller Before me Job. Mann, Register BEDFORD CO., PA. Personally appeared before the subscribing Register for the probate of wills and granting letters of administration in and for said County Thomas J. Bennett one of the witnesses to the foregoing will who being duly sworn deposeth and saith that he was personally present and heard and saw the testator JOHN KINTON sign, seal, publish and declare the said instrument of writing or will as and for his last will and testament of writing or will as and for his last will and testament that at the time thereof the testator was of sound and disposing mind, memory and understanding according to the best of his knowledge and belief that he subscribed his name thereto as a witness in presence of the testator and at his request and that name J. Carlile thereto subscribed as a witness is the proper signature of the said J. Carlile. Sworn & subscribed the 5th day of April 1826. Thomas J. Bennett Be it remembered that on the Fifteenth day of April A.D. 1826 Letters Testamentary were granted to JOHN KINTON and Jacob Bennett, Executors of the foregoing [?] and therein named.