WILL: Alexander DYSART, 1845, 1850, Tyrone, Blair (then Huntingdon) County, PA Transcribed from SAMPUBCO copy and contributed for use in the USGenWeb Archives by Aileen Fulcomer USGENWEB ARCHIVES (tm) NOTICE All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information are included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/pa/blair/index.htm ___________________________________________________________ Blair County, PA, Will Book A, pages 191-193 Last Will and Testament of Alex. Dysart, Dec'd In the name of God Amen, I, Alexander Dysart of the Township of Tyrone in the County of Huntingdon, State of Pennsylvania, being in reasonable health and of sound mind and memory, knowing the uncertainty of human life do make and publish this my last will and testament. Item 1st - I give and bequeath to my daughter, Elizabeth, now Elizabeth McMathew [?} and her heirs the sum of Four thousand dollars, to be paid to her or her heirs by my executors herein afterward, one year after my decease without interest. Item 2nd - I give and bequeath to each of my three grand children, John Crawford, Alexander Crawford and Eleanor Crawford, now Eleanor Morrow, the sum of one thousand dollars to be paid by my executors herein after ward, one year after my decease without interest. Item 3rd - I order and direct that my landed estate, in lands in Sinking Valley, Tyrone Township shall be divided by my three sons herein named as my executors, together with three disinterested men, to be named & agreed upon by my said three sons, into three tracts of farms of equal quantity or as nearly so as the same can judiciously be done. Item 4th - I order, will and direct that my said lands in Sinking Valley, after being divided into three equal parts as aforesaid, my lands in Antis Township in said County [all together as one body entity] and my tact of land near Hollidaysburg lately possessed by one Elihu Chauncy, should be valued by my said three sons and the said three disinterested men to be named & agreed upon by them are therefore ____ and directed, at the fair cash valuation thereof; But in making such said valuation, the Brick dwelling house and appentures are ___ and the Grist Mill & appentures erected by my son, William on my said lands in Antis Township, and the buildings erected or to be erected , on my said tract of land near Hollidaysburg be valued as if said buildings and appentures did not exist there on. Item 5th - I give and devise to my son, Alexander and his heirs that division as to be made as before directed and part of my said Sinking Valley lands which shall embrace and include my Mansion House, where I know reside; appentures and buildings at the valuation to be made thereof as foresaid. Item 6th - I give and devise to my son William and his heirs, my said lands in Antis Township, consisting of two tracts at the valuation, so to be made thereof as aforesaid. Item 7th - I give and devise to my son Joseph and his and his heirs, my said tract of land near Hollidaysburg at the valuation, so to be made thereof as aforesaid. Item 8th - I give and devise to my daughters, Ann Dysart and Rebecca Dysart, as their accounts in common & their heirs, that division and part so to be made as aforesaid, of my said Sinking Valley lands, which shall embrace and include the dwelling house & appenture buildings now occupied by Peter Kessler, as my tenant at the valuations as to be made thereof as aforesaid. Item 9th - I give and devise to my son-in-law, Matthew Morrow and my daughter Eleanor, his wife, during their joint lives and the life of the survivor of there, and to their heirs of my said daughter, Eleanor, after their death, as tenants in common, that division & part as to be made as aforesaid of my said Sinking Valley lands, which shall embrace and include the dwelling house & appenture buildings, now occupied by Russell Johnston, as my tenant, on the farm adjoining Peter Burket, at the valuation so to be made as aforesaid thereof. On condition that the said Matthew Morrow shall agree to pay and do pay to my executors penance afterward as part of my residuary estate, within one year after my decease, and without interest whatever now and amount the valuation of said tract of land so to be made as aforesaid, shall exceed the sum of Five thousand dollars, and in case the said Matthew Morrow or his legal representatives shall refuse or neglect to do the same, then I devise and direct that the said tract of land be sold by my executors hereafter named or the survivors of theirs, at public sale within one year after my decease, and in that event, I hereby give and bequeath to my said daughter, Eleanor and her heirs Five thousand dollars of the figure proceeds of the sale of the same, to be paid to her or her heirs by my executors as soon as received. Item 10th - I hereby order and direct that my said three sons, out of their respective shares of my residuary estate, hereinafter bequeathed to them shall account and pay to each other so as to equalize the value of the lands herein respectively devised to them; but my said daughters Ann & Rebecca are not to pay or receive anything on account of the land herein devised to them. Item 11th - I order & direct that in case previous to my decease, I should wake, or have made partition and valuation of my said lands, as hereinbefore contemplated and directed to be done and evidence the doing of the same by a codicil hereto, or other instrument of writing under my hand, that that shall stand in place of the partition & valuation herein directed to be made. Item 12th - I give and bequeath to my son, Alexander and my daughters Ann, Rebecca, before named all my household furniture. Item 13th - I give and bequeath all my Books to my said three sons to be equally divided between them but in case the cannot be divided without injury, any one of them may take the whole, or part of them, at a fair valuation, accounting to the others for their shares of the value thereof. Item 14th - I hereby give and bequeath all the residue of my estate of which I shall die, seized, possessed or entitled to not herein before specifically divided and bequeathed to my said three sons and my said daughters Ann & Rebecca, each of my said three sons to have one equal fourth thereof and my said daughters Ann & Rebecca, to have one equal fourth part thereof between them. And Lastly, I hereby nominate and appoint my said sons William, Alexander & Joseph to be the Executors of this my last Will and Testament with full power to carry the same into effect. In Witness Thereof I have hereunto set my hand & sent this, 30th day of May A.D. 1845. Signed, Sealed and published In presence of Wm McFarland J. M. Bell Alexander Dysart [in German] Seal Codicil to my foregoint Will. Whereas since the making & execution of my foregoing & last Will & Testament, I, the above named , Alexander Dysart, have fees [?] and paid for with funds which would here constituted part of my Residuary estate, devise and bequeathed by the fourteenth item of my foregoing last Will and Testament from Peter Burket, a tract of about one hundred and forty acres of land adjoining my other lands in Sinking Valley, Tyrone Township, aforesaid, it is my will and I do hereby order and direct and declare that the said tract of land so lately purchased by me shall form and constitute a fourth division of my said Sinking Valley lands, and shall be valued in the same _____ as my other lands are directed to be valued by my foregoing shares above attached Will and any one of my said three sons, William, Alexander & Joseph may take the same at the valuation of the same, so as to constitute the amount of the same, part of my residuary estate. [if more than one of my said sons shall desire to take the same at the valuation thereof, which of them shall have it shall be determined by lot], and in case neither of said three sons shall desire to take the same at the valuation thereof then it is my Will and I hereby order and direct that the same shall be sold by my executors in my said above annexed Will valued at the best price that can be gotten for the same, and the proceeds of the sale thereof shall belong to the same portions and be divided & apportioned in the same manner & proportions as my residuary estate, is devised and bequeathed and vided by the Fourteenth Item of my foregoing & hereto above attached last Will & Testament, subject to the same conditions & stipulations. In Witness that this Codicil is made by me to my foregoing & hereto attached last Will & Testament and is to be taken & considered as a constituent part thereof, I have set my hand & sign this twenty fourth day of March A.D. eighteen hundred forty seven. Signed, Sealed, & published In presence of Wm McFarland J. M. Bell Alexander Dysart [in German] Seal Blair County S. S. Personally appeared before me the Register for the Probate of Wills and granting letters of Administration in Foresaid County, William McFarland and James M. Bell, Es, into being _____ sworn according to Law, do depose and say that they were personally present and did see & hear the within named Alexander Dysart sign, seal, execute, publish, promise and declare the within & foregoing instruments of writing as and for his Last Will & testament and that they there _____ did sing their names as witnesses then in the presence of each other & in the presence of the said Testator at his insistence and request, and that at the time of signing the same this said testator was of sound and deposing with memory and understanding to the best of their knowledge and belief. Sworn and subscribed this 9th day of March A.D. 1850 before me L. H. Williams Register Wm. McFarland T. M. Bell On the 9th day of March A.D. 1850, personally appeared Wm. P. Dysart, Alexander Dysart, and Joseph Dysart, who being severally sworn according to law do depose and say that as Executors of the last Will and Testament of Alexander Dysart, deceased, they will well and truly administer the goods & chattels, rights & credits of the said deceased according to law; and that they will diligently & faithfully regard well and truly comply with the provisions of the law to settle inheritances. Sworn and Subscribed Before me L. W. Williams Register Wm P. Dysart Alexander Dysart Jr. Joseph Dysart Registered the 9th day of March A. D. 1850 by L. W. Williams, Register William P. Dysart Alex. Dysart Jr. Joseph Dysart Exrs of Alexander Dysart Dec'd Memorandum. Letters of Testamentary were this day issued to William P., Alexander, & Joseph Dysart, on the estate of Alexander Dysart, late of Tyrone Township, Deceased. Inventory to be submitted in thirty days from this date and a just and true account calculations and reckoning fo their administration of said Estate, within one year from the date hereof or when thereunto legally required. Given under ___ of office this 9th day of March anno Domini 1850. 1