Wills: Jahu N. Ross, 1917 and Hananiah L. Ross, 1876 : Fayette Co File contributed for use in USGenWeb Archives by James Denning 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 JAHU N. ROSS I, Jahu N. Ross of Masontown, Fayette County, Pennsylvania, do make, publish and declare the following as and for my last will and testament, hereby revoking any and all wills heretofore made by me. First: It is my will and desire that my executors hereinafter named shall collect all moneys that may be due me on notes, mortgages, or other securities, and pay all my just debts and funeral expenses, as soon after my death as possible. Second: I give and bequeath to my children, Ira W. Ross, Francis F. Ross and Anna Mary Estella Hague, absolutely and in equal shares, all my household goods in my home in Masontown, Pa., that I have not divided or otherwise disposed of prior to the date of my death. Third: I hereby authorize, empower, and direct my executors hereinafter appointed to sell, at such time as they deem proper and for such price as they believe to be fair and adequate, my Masontown residence, property situate on the West Side of Washington Street in the Borough of Masontown, Fayette County, Pennsylvania, either at public or private sale, and divide the proceeds derived from such sale into three equal shares; Ira W. Ross and Francis F. Ross, my sons, and Anna Mary Estella Ross, my daughter, are each to have, absolutely, one full share thereof. It is however, my will and desire, if the said Jahu N. Ross residence property is not sold as aforesaid within six months from the date of my death, that my son Ira W. Ross, shall occupy the said premises, as his residence, for said six months from my death free of any charge for rent to my estate whatever. And it is further my will and desire, that my said son, Ira W. Ross, shall, if the said premises are not sold at the end of six months from date of my death by my executors as aforesaid, continue to occupy the same for his home and residence until the same is sold as per the terms hereof, and that he shall pay for such occupancy a rental of twenty dollars, per month, to my executors, the said rent to be paid monthly, at the end thereof, and they, the said executors shall divide the said monthly rental, each month, equally among my children, Ira W. Ross, Francis P. Ross, and Anna Mary Estella Hague. Fourth: All the residue and remainder of my personal estate, not hereinbefore disposed of or set apart, I direct my executors to promptly close up within the time contemplated by the law, and whatever is left, after the payment of my just debts, I desire and direct shall be divided into three equal parts or shares one full share thereof, I give and bequeath, absolutely to my son, Ira W. Ross; one full share thereof, I give and bequeath, absolutely, to my son Francis F. Ross, the remaining full share I give and bequeath, absolutely, to my daughter, Anna Mary Estella Hague. Jahu N. Ross Fifth: I hereby authorize, empower and direct my executors hereinafter named to sell, within one year from date of my death, either at public or private sale, at such price as they deem fair and adequate, my farm in Nicholson Township, Fayette County, Pa., and divide the purchase price derived from said sale into three equal shares, and then give to Ira W. Ross, Francis F. Ross and Anna Mary Estella Hague, each one full share absolutely, provided, however, and it is my will and desire that before my said Nicholson Township farm is sold to a stranger, under the above provision, that my son, Francis F. Ross, shall have the refusal of the same at the price or sum of forty-five dollars per acre. Until the sale of my said farm, I direct my executors to assume control thereof, rent the same to the best possible advantage, look after the fences, repairs, Ec., collect all rents, pay all taxes, and after paying all necessary expenses incurred in the management of the same until sale, add the profits to the purchase price of said farm and divide the total sum in the manner aforesaid. Sixth: I hereby authorize, empower and direct my executors hereinafter named to sell, at such time or times as they think advisable for the best interests of my estate, and for such price or sums as they deem fair and adequate, my seventeen acres of land, underlaid with the Pittsburg vein of coal situate along Catt's run in Nicholson and German Townships, Fayette County, Pa., also, one hundred and thirty-six acres of Pittsburg coal situate in Blaine Township, Washington County, Pa., and also, any other real estate not hereinbefore mentioned and of which I may die seized, whether now owned or hereinafter acquired, and wheresoever the same may be situate, and I hereby will and direct that the purchase money derived from the sale of each and all of said lands be divided or separated, within thirty days after each sale, into three parts or shares; one full share, I give and bequeath, absolutely, to my son Ira W. Ross, one full share I give and bequeath, absolutely to my son, Francis F. Ross and the remaining full share I give and bequeath, absolutely, to my daughter Anna Mary Estella Hague. Seventh: Whenever in the above mentioned items of this, my last will and testament, I have authorized, empowered and directed my executors to sell or rent any real estate, it is my will and desire that they make, execute, and deliver the proper deeds and conveyances therefor, as fully and effectually as I, myself, might do, if living, and I hereby authorize, direct and empower them so to do. Eighth: I further declare that after careful consideration, I have made this my last will and testament, to serve, as I think, the best interest of all my children, and should any of them contest or interfere with my disposition of my own estate, then I will and direct that he or she so contesting shall not receive directly or indirectly any interest, share, or part whatsoever of my said estate, but the same shall go to and be divided among those who peaceably accept the provisions of this will. Lastly. I hereby nominate, constitute and appoint my sons, Ira W. Ross and Francis F. Ross, executors of this my last will and testament, and I do hereby again declare that the four preceding pages, each one of which I have signed at the bottom, together with this page, to which I have signed my name and placed my seal, constitute my last will and testament. Witness my hand and seal this 26 day of June 1911. Jahu N. Ross {Seal} Signed, sealed, published and declared by the above named Jahu N. Ross, as and for 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, have hereunto subscribed our names as witnesses hereto. W.J. Sangston R.P. Rhoads Fayette County SS: (Register's Seal) Be it remembered, that on the 21st day of May A.D. 1917 before me Henry R. Titterington, Register for the Probate of Wills and Granting Letters of Administration in and for said County, came W.J. Sangston and R.P. Rhoads subscribing witnesses to the foregoing Instrument of Writing, purporting to be the last will and testament of Jahu N. Ross, deceased, who, being duly sworn, according to law, did each depose and say that they were personally present and saw the said Jahu N. Ross, sign and seal the foregoing Instrument of Writing, and heard him declare the same to be his last will and testament, when of sound and disposing mind and memory to the best of their belief. That they signed their names as witnesses thereto be request of the said testator in his presence and in the presence of each other. That they know of no undue influence being used in making said will or any later will made. Sworn to and subscribed before me this ) W.J. Sangston 21st day of May A.D. 1917 as witness my ) R.P. Rhoads hand and official seal. ) Henry R. Titterington, Register ) Now May 21, 1917 the testimony of the above witnesses being adjudged sufficient, I do hereby admit the foregoing will to probate and order the same to be recorded as such. Given under my hand, at Uniontown, the above date. Henry R. Titterington Register WILL OF HANANIAH L. ROSS, DEC'D I, Hananiah L. Ross of Nicholson Township in the County of Fayette and State of Pennsylvania being of sound mind, memory and understanding do make and publish this my last will and testament hereby revoking and making void all former wills by me at anytime heretofore made _______. First I direct that my body be decently interred in the Cemetary at the Cumberland Presbyterian Church in Masontown in said County according to the rites and ceremonies of the said church and that my funeral be conducted in a manner corresponding with my estate and situation in life. As to such estate as it has blessed God to entrust me with I dispose of the same as follows viz: Item. I give and bequeath unto my beloved wife Hannah the full and entire use of the farm or tract of land on which it now resides, situated in said Nicholson township adjoining lands of John Hague on the south and bounded on the west by what is known as "Beech Hollow" on the north by lands of the heirs of George Rider and John Ross and on the east by lands of William Gray and Ephraim Walters containing about 100 acres be the same more or less together with the appurturances thereunto belonging or in anywise appurturances for and during the full period of her natural life. And it is my will and I do hereby direct that she the said Hannah shall have the full possession of the prior described tract of land and appurturances and enjoy the use of the same during her natural life without molestation as fully is thyself now possess and enjoy the same. If the said Hannah shall not elect or desire to live or reside on said tract of land at any time then and in that event my executors hereinafter named shall use or rent the same to any suitable person or persons but she the said Hannah shall have and enjoy the use of all the rents and profits derived therefrom during her natural life as fully as if she occupied the said premises herself and I direct my executors to pay the said rents and profits to her. I also give and bequeath to my beloved wife Hannah the use and enjoyment during her natural lifetime the following named property to be taken at her option and choice viz, one wagon, two horses and two setts (sic) of gears and one "Barshear" _______, one shovel _____, one barrow, one windmills, two milch cows, five sheep, three hogs and as much household and kitchen furniture that she may choose to take. Item. I further direct as my will that my upper farm or tract of land situated in said Nicholson township lying on the west side of the above described tract and adjoining lands of John Hague and John Poundstone, containing about 100 acres more or less shall be leased or rented by my executors during the natural life of my beloved wife Hannah and the rents and profits during the natural life of my beloved wife Hannah and the rents and profits divided therefrom divided equally every year or annually among my several children or heirs at law. Share and share alike. Item. I give and bequeath to my son Warwick one bed and bedding. Item. I give and bequeath unto my son Ezra, one bed and bedding. Item. I give and bequeath unto my daughter Hannah Ann one bed and bedding also one horse and one milch cow. Item. I further direct as my will after the decease of my beloved wife of Hannah in the event of her outliving me that my lands as herein above described consisting of the two tracts above mentioned containing in both about two hundred acres be the same more or less and shall be sold as soon as practicable at public sale by my executors hereinafter named to the best possible advantage. So as to procure the highest price that can be obtained for the same and that the price or entire proceeds arising from the sale of the said lands after the manner above directed shall be divided and distributed among my following named sons and daughters to wit. John, Isaac N., Nancy intermarried with Moses Ferran, Jehu N., Warwick H., Diana intermarried with James Blackford, Ezra J., and Hannah Ann equally share and share alike as soon after the said sale as practicable. Lastly, I hereby appoint my sons Isaac N. Ross and Jehu N. Ross to be the executors of this my last will and testament. In witness whereof I Hananiah L. Ross have hereunto set my hand this twenty-second day of June Anno Domini one thousand eight hundred and sixty-seven. Signed in presence of and H. L. Ross in the presence of each other J.G. Farmer Geo W. Neff This certifies that I Hannah Ross, widow of H.L. Ross late of Nicholson township Fayette Co., PA deceased to hereby accept the will of said hereas - March 1st 1880. Witnesses present Hannah Ross E.J. Ross H.A. McCann Fayette County SS: Be it remembered that on this 3d day of March A.D. 1880 before me John W. Darby Register for the Probate of Wills and granting Letters of Administration in and for said County came Mr. M.F.H. Farmer and William Parshall who being duly sworn did each depose and say that they were acquainted with the handwriting of J.G. Farmer have frequently seen him write has name and from their knowledge of his handwriting that they believe his signature as subscribing witness to the foregoing will to be genuine and in his own proper handwrite and that the said J.G. Farmer is now decd. Also same day before me came J.G. Neff and M.F.H. Farmer after being duly sworn did each depose and say that they are well acquainted with the handwriting of Geo W. Neff have frequently seen him write his name and from their knowledge of his handwrite that they believe this signature as subscribing witness to the foregoing will to be genuine and in his own proper handwrite and that the said Geo W. Neff is now aged. In testimony whereof I have hereunto set my hand and official seal at Uniontown the date above written. John W. Darby Register Letter testamentary granted to Isaac N. Ross and Jehu N. Ross March 3rd 1880. Registered and Compared March 3rd A.D. 1880