Wills: Phillip Galley, 1852: Franklin Twp, Fayette Co

File contributed for use in USGenWeb Archives by J E RUSE

USGENWEB NOTICE:  In keeping with our policy of providing free information
on the Internet, data may be freely used by non-commercial entities, 
as long as this message remains on all copied material. These electronic 
pages cannot be reproduced in any format for profit or other presentation.

Will of PHILIP GALLEY  Book 3, p. 042  1852

In the name of God amen, I Phillip Galley of Franklin Township in the 
County of Fayette and State of Pennsylvania, farmer, being of good 
health of body and sound mind and memory make this to be my last will 
and Testament hereby ------ and annulling all other Wills by me 
heretofore made and I do hereby in the following manner and form 
devise and bequeath such worldly goods as I am possessed of that is 
to say, I order first that all my just debts and funeral expenses and 
the charges of proving this my Last Will and Testament fully paid and 
satisfied - in the first place by my Executors herein after mentioned 
or named and after payment thereof and every part thereof, I give 
devise and bequeath of all and every of the parts or parts of the 
remainder of my Estate in the following way and manner both real and 
Personal.

First, I give unto my son John Galley fifteen acres of land which I 
now own as per survey on which is erected a Saw Mill together with 
the mill to his use and said land with the improvements is valued to 
said John Galley at four hundred and fifty dollars but it is my will 
that said John Galley shall not have a deed of Conveyance for said 
land but only the use of it during his natural life unless he has 
lawfull issue and then and at that time thereby empower my executors 
for to make a good and sufficient deed and Title of said land and the 
improvements thereon together with a tin plate stove and if in case 
said John Galley should die without leaving any lawfull heirs said 
Property shall be sold at public sale by my Executors and equally 
divided amongst my Children if living if not amongst their issues.

Second, I Give and bequeath to my grand daughter Martha Galley the 
daughter of my son Jacob Galley a-- fifty dollars.  With what you and 
your Father Jacob Galley have received is your full dowery or share - 
the said fifty dollars is to be paid to said Martha Galley by my 
Executors in the Year Eighteen Hundred and sixty three.

Third, I give and bequeath unto my son Samuel Galley the farm  of 
land on which he now resides in Union Township, Fayette County, PA 
And I hereby empower my executors to hand over to him a deed which I 
have made when he pays all the notes given for said land to my 
executors or whoever holds them.

4th - I give and bequeath unto my son Henry Galley the farm of land 
on which I now reside being in Franklin Township, Fayette Co., PA 
containing one hundred and fifty acres of land to his heirs assigns 
subject to all and everything mentioned or reserved in this my last 
Will and Testament or an Article of Agreement before mentioned and I 
do hereby empower my executors hereinafter mentioned or named to make 
a legal right or title unto said Henry Galley as soon as they receive 
payment in full for said farm.
The Article of Agreement between myself and Henry Galley calls for 
two rods of coal No. 25 & 26 not having any share in the rest of my 
coal lots.  And the remaining four lots of Coal # 27, 28, 29 and 30 
and it is my desire that any executors hereafter named shall dispose 
of three of the said coal lots - that is No. 27, 28 and 29 according 
to the best advantage to us to make the most money out of the coal 
either coaked or raw.  The No. 27, 28, and 29 to be disposed of in 
the year One thousand eight hundred sixty three.
Fourth, I give and bequeath unto my son Abraham Galley the farm on 
which he now resides in Franklin Township,,Fayette Co., PA containing 
one hundred and twenty six acres and I do empower my executors to 
hand him a deed which I have made him for said farm as soon as he 
pays all the notes given for said farm or makes my Executors safe(?) 
for said notes by security.
Also I will and bequeath unto my son Abraham Galley eight feet in 
front and twenty or twenty rods back along the Oliphant line of coal 
lot #30.  The other part of lot #30 which is eight and half feet in 
front I will and bequeath to my son John Galley.  My sons Henry, 
Abraham & John shall have privilege to enter into their coal drifts 
at my opening now made for all time to come until their coal is all 
taken out it is also my desire that my executors sell the surface or 
land of the said four lots at the death of John Galley his share of 
Coal lot #30 shall belong to my son Abram Galley or his issue.
I have kept a book of accounts against each and every of my children 
now living to wit: Peter Galley page 242, Catherine Smith page 244, 
John Galley page 248, David Galley page 250, Elisabeth Oglivee, page 
252, Samuel Galley page 254, Barbary Galley page 256, Jonathan Galley 
page 258, Abraham Galley page 260, Henry Galley page 262 into and in 
which is charged to each of them certain named things amounting to 
twelve hundred dollars and some more and it is my will and desire 
that said accounts shall not be meddled with by my executors except 
where any of the above named have not received of me and so charge 
the sum of twelve hundred dollars it shall unto any of them that are 
deficient be paid unto them of said remainder of my estate before a 
division is made except what is otherwise or hereafter named.  It is 
my desire that the remainder of my estate and Otherwise disposed of 
in my will which shall come into the hands of my executors shall be 
divided amongst my children with as much care as possible to secure 
peace and do justice to all.
And the remainder of my estate not otherwise divided or bequeathed 
consisting of book accounts notes or any and every thing not 
bequeathed I wish to be equally divided amongst my children; if not 
living amongst theirt issues.  And I do hereby and constitute my son 
David Galley and my son in law, Jesse Oglevee my Executors of this my 
last will and testament whom I hereby empower to collect all dues and 
demands that I may have against any person or persons also to divide 
or dispose of my property whatever that may come into their hands of 
my estate at anytime, hereby empowering said executors for to do and 
execute all and every thing mentioned in this my last will and 
Testament and I do hereby revoke and annul all other wills by me 
heretofore made and allowing this alone as my last Will & Testament. 
In witness whereof I have hereunto set my hand and seal this twenty 
seventh day of April the Year of our Lord one thousand eight hundred 
and fifty two in the presence of us the subscribing Witnesses who at 
the testators request have set their names.
                                                                      
  /s/ Phillip Galley (Seal)
Signed sealed and delivered
in the of all the subscribers
witness the day and year above:
/s/ John Beatty
/s/ Robert P. Smilie

On the 6th day of Sept A.D. 1852 before me Peter A. Johnson, Register 
for the probate of Wills & granting letters of Administration in and 
for said County came John Beatie and Robert p. Smilie witnesses to 
the foregoing instrument of writing purporting to be the last will 
and testament of Philip Galley deceased.  The first of whom was 
affirmed the othersworn and depose and say that they were present and 
saw and heard the testator sign seal and pronounce this same as & for 
his jlast will and testament and that at the time of so doing he was 
of sound mind memory and understanding to the best of their knowledge 
and testify that they know of no undue influence used or later will 
made by the said deceased - that they signed the same aswitnesses in 
the presence and at the request of the testator and in the presence 
of each other. In testimony whereof I hereto set my hand & seal of 
office at Uniontown the day and date above written. 
                                                       /a/ P. A. 
Johnson, Rgr.