Chester Co. PAGenWeb Archives Wills Cromwell PEARCE, 1852 Contributed to PAGenWeb Archives by Sandra Ferguson ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/pafiles.htm ************************************************ Chester Co. Estate File #12,072 Pennsylvania WILL OF Col. Cromwell Pearce, Proved April 13, 1852, Recorded in Will Book WE (or U), Vol 20, Page 153 Last Will and Testament Col Cromwell Pearce of the Township of East Whiteland Dated Oct 1st A.D. 1847 Codicil added July 31, 1849 Be it remembered that I Cromwell Pearce of the township of East Whiteland in the County of Chester and State of Pennsylvania, being of sound and well disposing mind and memory, Do make and ordain this my Last Will and Testament in manner and form following: that is to say: 1 Item – I will that my just debts and funeral expense be paid by my Executors hereinafter named, as soon after my decease as reasonably may be. 2 Item – I give and bequeath unto the neice of my late wife, Sarah Ann Bartholomew now intermarried with the Reverend Samuel P Nash the following described articles of personal property viz: My sett of Silver Ware consisting of one Tea and Water pot, sugar and slop bowl, cream jug, six table spoons, twelve tea spoons and one pair of sugar tongs, all of which are marked with the initials of my late wife Mary. Also one bed, bedsteads bedding and curtains being the same on which I sleep, and known as her aunts bed. Also one dozen rush bottomed chairs, two fancy tables, the large looking glass, andirons shovels and tongs, best(?) sett of china cups and saucers with handles one dozen each, and mahogany work stand, all in the eastern room downstairs, her aunts large family bible. In addition to the above described articles I give and bequeath unto the said Sarah Ann the Sum of Four hundred and thirty dollars lawful money of the United States which together with a bond which I have assigned to her use upon her father Joseph Bartholomew of Mifflin County Pennsylvania will make about the sum of Eight hundred dollars, the amount in money which I desire her to have of my estate. And I do hereby direct my Executors hereinafter mentioned to pay and deliver to the said Sarah the above entire bequest of goods and money in full, not deducting therefrom collateral inheritance tax, but they paying said tax out of my estate. All of the above legacies and bequests are given to the said Sarah Ann upon condition that she make no demands or claims upon or against my estate for services rendered during the time she has resided in my family, and if she should make such demands or claims by herself or any other person for her or in her name, then it is my will that all of the above bequeathed articles and money herein given shall go to the residuary legatee of my estate hereinafter named. 3 Item – I give and bequeath unto John son of Joseph Bartholomew aforesaid the sum of Four hundred dollars 4 Item - I give and bequeath unto Davis son of Joseph Bartholomew aforesaid the sum of Three hundred dollars 5 Item – I give and bequeath into Jonathan and Hannah Roberts children of the late John Roberts deceased Two Hundred dollars each. *** Several lines of text are missing here *** Pearce grandchildren of my late brother John Pearce deceased the sum of Fifty dollars each. All of the foregoing specific legacies are to be paid in full by my Executors without deducting collateral inheritance tax. And I do hereby further direct that all of the above and foregoing legacies and bequests are to be paid by my Executors in two years after my decease, and if not paid in one year thereafter to draw legal interest until paid. 7 Item – I give devise and bequeath to my son Lewis G. Pearce for and during the term of his natural life, all that messauge plantation and tract of land with lots of woodland adjoining , situate and lying in the Townships of East and West Whiteland and Charlestown, being three separate tracts which were conveyed to me during my life time containing in all One hundred and ninety four acres, one hundred and thirty six perches bounded and described as follows viz: No 1. Purchased as the property of Abraham Whisler at a Sheriff’s sale bounded by lands of Thomas H. B. Jacobs Joseph B. Jacobs and Thomas R. Trimble containing one hundred and eighty one acres, and ninety six perches more or less. Lot No2. Purchased of Samuel Kersey adjoining tract no 1 on the West and containing eight and one quarter acres more or less. Lot no 3. Purchased of the heirs of John Jacobs adjoining No 2 on the West containing Five acres more or less. The above devised life estate to be subject to the payment by my said son of Twenty dollars per annum to the corporation of Saint Peter’s Church Great Valley, and Ten per annum to that of Saint Paul’s Church West Whiteland the same to be paid half yearly. 8 Item – If my said son Lewis shall at his death leave a child or children born in lawful wedlock, I do hereby give devise and bequeath to such child or children all of the remainder of the above described real estate to them or it, his her or their heirs and assigned forever in fee simple. But in case, as, I suppose my son Lewis should die without leaving a child or children born in lawful wedlock, then I make the following disposition of the aforesaid real estate containing 194 acres 13 perches. viz: 9 Item – I do hereby direct that the said real estate be sold in at least two years after the decease of him my said son Lewis, by my last herein named Executor George W Pearce, or in the event of his dying before my said son, or at any time within two years thereafter, by such person of persons to whom may be granted Letters of Administration, Cum testatmento annexo, either any of whom are hereby fully authorized by me to make good and sufficient deed or deeds in fee simple for all or parts of the aforesaid real estate to the purchaser or purchasers of the same, the proceeds arising from such sale I do hereby direct shall be distributed by him or them as follows: 10 Item – I give and bequeath to the Corporation of Saint Peter’s Church Great Valley Fifteen hundred dollars. One thousand of said sum to be expended under the direction of the *** Several lines of text are missing here *** more than half a mile distant from the Church for the Sexton of the same, and the remaining Five hundred dollars to be used as the vestry of said Church may direct 11 Item – I give and bequeath to the Corporation of Saint Pauls Church West Whiteland One hundred dollars to be expended for the benefit thereof as the vestry of the same may direct. 12 Item – After paying to the above named Churches the monies above bequeathed I do hereby direct that the Balance of the money arising from the sale of said real estate shall be divided into six equal parts and paid over to the children of my brothers and sister viz: One part to the children of each of my brothers Richard, John, Edward, Marmaduke and Joseph and one part to the children of my sister Fanny, no representation to be allowed for such of my brothers or sister’s children as may be deceased leaving issue. Before such payment however I do hereby require the person or persons who may have the selling of the aforesaid real estate to give weekly notice for six successive months in two newspapers published in the city of Philadelphia and two newspapers published in the County of Chester calling upon said children to come forward and receive their proportions of the fund, and in one month after such publication if there be any of my brothers or sister’s children not appearing to claim their share of shares, such share of shares shall be equally divided amongst those who appear as claimants. That is if there be a failure of all the children of any one or more of my brothers or sister to appear, then the one sixth part of the aforesaid balance shall be divided equally amongst those who appear to claim, but if there be a single child appearing to represent his father or mother such child shall receive his or her full one sixth part of the fund. And I do hereby state that in no event shall any of the foregoing devises or dispositions of my property in any part of this my will be construed to create an estate tail but to convey an estate in fee simple. I make this suggestion for the reason that many devises such as are herein contained have lately been construed to create and estate tail when this has not been the probable intention of the devisor. 13 Item – I give devise and bequeath unto my son Lewis G. Pearce all the rest residue and remainder of my estate real personal and mixed of whatsoever kind and wheresoever situated to him his heirs and assigns forever in fee simple. 14 Item - Lastly, I do hereby nominate, constitute and appoint my son Lewis G. Pearce and my nephew George W. Pearce of the Borough of West Chester Executors of this my last will and testament, hereby revoking all former and other wills by me heretofore made. In witness whereof I the said Cromwell Pearce the testator have hereon to set my hand and seal this First day of October in the year of our Lord one thousand eight hundred and forty seven. Cromwell Pearce (his signature and seal) Codicil I Cromwell Pearce of the Township of East Whiteland County of Chester and State of Pennsylvania, do make this Codicil to be taken as part of my last Will and Testament as follows, that is to say: Whereas: I have by my said Will provided in the Twelfth Item, that no representation is to be allowed for such of my brothers or sisters children as may be deceased leaving issue. Now I do hereby revoke and make void the said provision, and it is my will that such representation be allowed, and that the lawful issue of my brothers or sisters children take their deceased father or mothers share in equal proportions. A further I do hereby nominate and constitute and appoint, in connection with Lewis G. Pearce and George W. Pearce in my last will named as Executors, Stewart Pearce of Columbia County and Jonathan Roberts of East Whiteland aforesaid, as additional Executors to this my last will and codicil, hereby confering on the two last named Executors all the powers I have granted to the two named in my last will aforesaid. And I do hereby revoke all former and other codicils by me at any time heretofore made. In witnefsed whereof, to this present writing which I hereby declare to be a codicil to my last will and testament and which I direct to be added thereto, and to be taken as part thereof, I have set my hand and seal this thirty first day of July – in the year of our Lord one thousand eight hundred and forty nine. Cromwell Pearce (his signature and seal) Signed sealed published and declared by the above named Cromwell Pearce as and for a codicil to his last will and testament, in the presence of us, who at his request have signed as witnesses to the same. Jno. Hickman (signature) John T Worthington (signature) West Chester April 13, 1852 Then personally appeared John Hickman and John T Worthington who on their solemn affirmations did declare and say that they were personally present and did see and hear Cromwell Pearce the Testator in the foregoing Will and Codicil thereto annexed, named, sign seal publish pronounce and declare said will and codicil to be his last Will and Testament and at the time of so doing he was of a sound and well disposing mind and memory to the best of their knowledge and belief. Affirmed before me. A. Leslie Register Be it remembered that on the thirteenth day of April A.D. 1852 The last Will and Testament of Cromwell Pearce late of the township of East Whiteland deceased was proved and approved in due form of law, and (Stewart Pearce therein named as one of the Executors having renounced ), Letters Testamentary thereon were duly granted to Lewis G Pearce, George W Pearce and Jonathan Roberts who were affirmed well and truly to administer the goods and chattels, right and credits of said deceased according to law also diligently and faithfully regard and well and truly comply with the provision of the law relating to collateral Inheritances. A. Leslie Register 12072 Stewart Pearce’s Renunciation Filed April 13 1852 To the Register of Wills for the County of Chester Whereas by a codicil to the Last Will and Testament of Cromwell Pearce late of the Township of East Whiteland in said County of Chester, dated the 31st day of July AD 1849 Stewart Pearce of Columbia County in the State of Pennsylvania was named in connection with Jonathan Roberts and additional Executor to the last will and testament of the said Cromwell Pearce. Now I the said Stewart Pearce do hereby utterly renounce and relinquish the said Executorship, and request that you the Register of Wills for Chester County may grant unto the other Executors named in the said last will , Letters Testamentary on the Estate of the aforesaid Cromwell Pearce. Witness my hand this ninth day of April AD 1852 Witness Present Stewart Pearce (signature) Adrian Van Houten (signature) Geo. A. Beam (signature)