WILL: John ORR, 1865, Tyrone, Blair County, PA Transcribed from SAMPUBCO copy and contributed for use in the USGenWeb Archives by Jessica Orr 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 C, Pages - 4-8 The Last Will and Testament of John Orr, deceased. In the name of God Amen. I John Orr of the Township of Tyrone in the County of Blair and State of Pennsylvania being in reasonable good health of body and of sound and disposing mind, memory and understanding. Considering the certainty of death and the uncertainty of the time thereof and being diserous to settle my worldly affairs, and thereby be the better prepared to leave this world when it shall please God to call me hence do therefore make and publish this my last Will and Testament in manner and form following that is to say: First and principally I convict my soul into the hands of Almighty God, and my body to the earth to be decently buried, at the discretion of my children and surviving friends. And as to my worldly Estate and all the property real and personal and mixed that I may, or for which I shall deserzed (??) and possessed in to which I shall be in willed at the time of my decease. I devise bequeath and desoise thereof in the manner following to wit: First my will is that all my past debts and funeral expenses shall by my Executors hereinafter named be paid out of my Estate as soon after my decease as shall by them be found convenient. Item, I give devise and bequeath unto my son Joseph K. Orr all those two certain tracts of pieces of land marked in the connected draft made by James L. Gurn dated 24th of October 1861 No. 5 and No. 6 the same being parts of a tract Warranted in the name of James Carson and also the sum of one thousand dollars to be paid to him be my Executors one year after my decease which with what he has already received including my book account against him shall be in full of his share of my Estate real and personal. I give unto my son Oliver Perry Orr the sum of three thousand dollars to be paid unto him by my Executors out of my Estate three years after my decease which with that he has already received of my including the book account I have against him shall be in (in) full of his share of my Estate real and personal. I give and devise unto my daughter Annie C. intermarried with David B. Templeton all that certain tract of land situated in the said Township of Tyrone which was conveyed to me by Jesse Fisher and wife by deed bearing date the 27th day of March 1861. And recorded in the records of Blair County in Book M page 251 and to be hers during her natural life and at her decease to the heirs of her body which with what she has already received of me including any book account that I may have charged against her shall be in full of her share of my estate real and personal. I give and bequeath unto my daughter Jane E. intermarried with John B. Westley three thousand dollars to be paid to her by my Executors out of my Estate five years after my decease which with what she has already received of me including any book account that may have charged against her shall be in full of her share of my estate real and personal. I give and devise unto my son William H. Orr all that portion of my land in said Township of Tyrone being that portion of the (manor?) and other lands marked No. 3 in the draft in plot already referred to bounded by lands now of David Crawford on the northwest Tract No. 2 on the West and others on the south and east. Containing with the field of (ten?) acres and 74 parcels in all two hundred and two acres fifty six parcels with the allowance of six percent be the same more or less and also the price in tract marked No. 1 of mountain land being part of the tract warranted in the name of Samuel Carson, as by reference to said draft will appear to be his upon condition that he pay out of the same to my Executors the sum of five thousand dollars in sums of five hundred dollars annually commencing two years after my decease without interest if paid at the time specified and should the barn now in process of being erected on said tract No. 3 not be finished before my decease the same is to be finished at an expense out of my estate not exceeding the sum of fourteen hundred dollars ($1400) which said lands so devised subject to the same payment of five thousand dollars shall be in full of his share of my estate real and personal. I give unto my daughter Lillie Matilda the sum of three thousand dollars to be paid unto her out of my estate by my Executors as follows one thousand dollars annually until paid which shall be in full of her share of my Estate real and personal. I give and devise unto my son George Washington Orr the farm or tract marked No. 2 in said draft adjoining lands of said David Crawford (tracts) No. 1 & 2 in said plot containing two hundred and sixty two acres 70 parcels more or less it being the tract on which my mansion house is erected and in which said son now resides also the tract of mountain land adjoining in the south on the south and being part of said Samuel Carson tract marked No. 2 on said draft to be his upon condition of his paying unto my Executors for to be used as provided in this writing or with the sum of five thousand five hundred dollars to be paid in sums of five hundred dollars annually commencing one year after my decease which said lands so devised subject to the said payments as aforesaid with what he has already received including any book account which I may have against him shall be in full of his share of my estate real and personal. I give and devise unto my daughter Catherine E. Orr intermarried with Frederick W. Shaffer the tract whereon she now resides marked No. 1 I said plot and Draft containing two hundred and fourteen acres 157 parcels more of less together with tract No. 3 of the mountain land adjoining on the South as by reference to the said plot or draft will appear to be hers on condition that she pay or cause to be paid unto my Executors four thousand dollars to be paid in sums of five hundred dollars annually commencing one year after my decease, provided my said daughter at the time of her decease shall leave surviving no heirs of her body then it is my will and desire that the sum of two thousand dollars shall be paid out of said land to my heirs to be divided amongst them according to the Intestate laws of this Commonwealth which sum shall be a lien against said land until paid which with what she has already received with any book account that I may have against her shall be in full of her share of my estate real and personal. I give and bequeath unto my daughter Mary Margaret Orr intermarried with John Hooper. One thousand dollars to be paid unto her by my executors seven years after my decease which with what she has already received including any book account which I may have against her shall be in full of her share of my estate real and personal. I give and bequeath unto my son John K. Orr four thousand dollars to be paid to him by my Executors out of my estate one year after my decease provided my bonds which I now hold in the Government of the United States in treasury notes are then due otherwise to be paid when they are due which shall be in full of his share of my estate real and personal. I give and bequeath unto my granddaughter Catherine Ann Orr daughter of my said son William the sum of one thousand dollars to be paid to her by my executors out of my estate seven years after my decease to be in full of her share of my estate. It is further my will and desire that all accounts between myself and children that may be in my books at the time of my decease shall be considered as settled and paid and my executors are not to collect or attempt to collect any of the same of any of my said children and should any of my said heirs herein named refuse to accept of bequests to them herein made and attempt to claim of my estate any additional sum by bringing suit or suits at law for the same them in that case the heir or heirs so claiming to render any bequest or bequests to them herein made void - and my Executors are herein directed to pay unto those who shall refuse to accept and bring suit or suits for any additional sum or claim the sum of twenty-five dollars which shall be in full of their claim out of my estate real and personal and the bequest and bequests forfeited shall be divided amongst my other heirs named share and share alike. All of my real estate not disposed of in the foregoing part of this will and devise to my said children the House and Lot in the town of Birmingham and other timber or mountain lands in the said Township of Tyrone are to be sold by my Executors and to be sold by them as soon as convenient after my decease and they authorized hereby to make deeds for the same and the proceeds of such sale or sales to be used in paying the legacies or bequests herein made. I do also further bequeath unto my daughter Lillie Matilda and to my said granddaughter Catherine Ann all of my household and kitchen furniture at the time of my decease also one cow to each of them the said furniture to be equally divided between them, and also I give unto my son George Washington Orr my (iron?) safe now in my house on said farm wherein he now resides and I do hereby order and direct that after paying the several legacies and bequests herein made then should still remain in the hands of my said Executors and additional money the debts and expenses of selling my estate being all paid in that case the same to be divided between my said daughter Lillie Matilda, John K Orr and my granddaughter Catherine Ann daughter of my said son William H. Orr to be divided between them share and share alike. And whereas U gave herein devised certain lands unto my sons William H. Orr and George Washington Orr and to my said daughter Catherine E. Orr intermarried with said Shaffer upon condition of each one of said children paying to my Executors a certain sum for the use and benefit of my other heirs and in being my other heirs and in being my will and desire that they and each of them shall be left free to except or refuse the lands so devised to them with the conditions of payment attached and in case any of them shall elect and decide not to except of the lands so devised to them they shall give to my Executors a written notice of their refusal within three months after my decease and in that case the devise to them or any of them so giving notice of their refusal within three months after my decease and in that case the devise to them or any of them so giving notice of their refusal to accept the lands devised to them shall be sold by my Executors herein after named within two years after my decease and in case either my said sons William H. Orr, George Washington shall have refused as aforesaid he shall receive the sum of three thousand dollars in lieu of the lands so devised to him and the balance of the proceeds arising from the sales of the lands referred to shall be used for the payment of the bequests to my other heirs herein named and should my said daughter Catherine E. so refuse to except the lands devised to her she shall have in lieu thereof and (not?) of the proceeds of the sale of the same the sum of two thousand five hundred dollars the payments in the case of my said sons and of my said daughter to be made in two years after my decease. And lastly I do constitute and appoint my said son George Washington Orr and my said son-in-law John B. Westley the Executors of this my last Will and Testament. In testimony whereof I the said John Orr have to this my last Will and Testament contained in fifteen pages of paper with my name written on the margin of each and to this I have subscribed my name and affixed my seal this day of April in the year of our lord 1865. /s/ John Orr Signed sealed published and declared by the said John Orr as his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other become witnesses hereto. /s/ David T. Caldwell John L. Lloyd James L. Gurn Blair County SS: Personally appeared before me the Register for the Probate of Wills to in and for the County of Blair, David T. Caldwell, John L. Lloyd and James L. Gurn who being duly sworn did depose and say that they were personally present and saw and heard John Orr sign, seal Execute publish pronounce and declare the afore going instrument of writing as and for his Last Will and Testament that they signed their names as Witnesses thereto in the presence and at the request of the said Testator and in the presence of each other and that at the time of signing the same the said Testator was of sound and disposing mind, memory, and understanding to the best of his knowledge and belief. Sworn and Subscribed before } /s/ David T. Caldwell me October 24th 1868 } John L. Lloyd /s/ D. M. Jones - Register } James L. Gurn Blair County SS: Personally appeared before me the Register for the Probate of Wills to in and for the County of Blair, George Washington Orr and John B. Westley who being duly sworn did depose and say that as Executor of the Last Will and Testament of John Orr dec'd they will well and truly administer the goods, chattels to which were of the said deceased according to Law and further that the whole of the Estate devised in said will does not in value the sum of Twenty-Eight Thousand dollars to the best of their knowledge and belief. Sworn and Subscribed before } /s/ Geo W. Orr me October 24th 1868 } John B. Westley by D. M. Jones - Reg ) George W. Orr and John B. Westley Executor of the Last Will & Testament of John Orr deceased. Memorandum. Letters Testamentary were this day issued to George W. Orr and Jno B. Westley Executors of the Last Will and Testament of John Orr dec'd. An inventory of the goods and chattels which were of the said deceased to be filed in thirty days and a just and true account of his said administration to be filed in one year from the date hereof or when therein to legally required given under my hand and official seal. Oct. 24th 1868.