WILL: James KELL, 1843, Letterkenny Township, Franklin County, PA Contributed for use in the USGenWeb Archives by Janice Roden areta@flash.net Copyright 2006. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/franklin/ _______________________________________________ Source: Probate Records, Franklin County, Pennsylvania Written: April 18, 1839 Recorded: 1843 Last Will and Testament of James Kell Letterkenny twp., Franklin County, Pa. Dated 18 Apr 1839 In the name of God, Amen. I, James Kell of the township of Letterkenny, County of Franklin and State of Pennsylvania, being of sound and disposing mind, memory and understanding but advanced in years, do make, publish and declare, my Last Will and Testament in manner following: I give and devise to my son Samuel Kell my house and lot in the Town of Strasburg County and State aforesaid situated on the south corner of the Cross street in said town of Strasburg and also what he stands charged with in my books provided he shall claim no further recompense for services he may have rendered or consider to have rendered to me. But should he make a claim amounting to more than what is charged to him in my books then and in that case the above mentioned house and lot is to be sold by my executor as soon as it can be and such balance as he shall lawfully established paid to him out of the proceeds of such sale and the balance to be paid to the rest of my heirs as hereinafter directed. Unto my son John Kell I give and bequeath one dollar. I give and devise unto my son James Kell all that plantation on which I now reside including the tract of land I lately bought from Peter Beelman and adjoining the above mentioned plantation as also all my household property in the house and that I may be possessed of at my decease excepting a part of the said household property for the use of my beloved wife Rachel as hereinafter mentioned. It is my will that my beloved wife Rachel continues to reside with my son James and to have equal right with him to all my household property. And I do hereby order and direct him to provide for her all things necessary for her ease and comfort. But should she desire to live separate and apart from my son James, then it is my will that she have the back room on the first floor and the back room immediately above it in the south corner of the house in which I now reside for her own proper use. And to have the choice of all my household property to furnish said rooms comfortably including two good beds and other necessary bedding, one good tin plate stove and the necessary pipe for the same, and that my son James, his heirs and assigns furnish her yearly with fifteen bushels of good wheat, two hundred pounds of dried pork or beef or part of each as she may direct, twelve pounds of good coffee, six bushels potatoes, six cords good wood delivered to her door, ten dollars in cash and clothing sufficient, such as she may select to keep her comfortable. But should it so happen that they still could not agree and so live together in the same house with comforts of which I leave her to judge them and in that case I order and direct that my son James, his heirs or assigns,provide her with a comfortable house on said plantation or elsewhere at such place as she may desire not exceeding two miles from said plantation unless it be by mutual consent, with sufficient ground attached thereto for a garden for her use. And that said house be furnished and all the other articles as mentioned be delivered to her there, all of which the foregoing provisions in respect to my beloved wife Rachel I leave charge on the above mentioned plantation and tract of land for her use during her natural life or so long as she remains my widow. And at her marriage or death the above mentioned household property in her possession to fall back to my son James, if then living, If otherwise the said, property is to be sold by my executor and the money arising therefrom to be equally divided for the use of my daughters, Germima, Emeline, Caroline and Peggy Ann or their heirs. I give and bequeath unto John Ranken intermarried to my daughter Elimina all that stands charged against him in my books, provided he pay all other just claims due me at my decease by him. It is my will that that my beloved daughters, Gemina, Emaline, Caroline and Peggy Ann continue to reside with my son James until they severally arrive to the years of twenty one, should they think proper to do. And I hereby order and direct that he furnish them with sufficient boarding, clothing as they have heretofore been in consideration for their services to him and that he have a special care that they go to school during the time the publick schools may be open or while they remain with him. This is my will and I do hereby order and direct that immediately after my decease or soon as it can be done that all the rest of any property real and personal not before mentioned be put to sale and sold by my executor and that the moneys arising from such sale together with other moneys due me and the cash on hand at my decease to collected and divided in equal shares for the use of son James, my daughters Gemina, Emiline, Caroline and Peggy Ann. I also do appoint my beloved brother Joel Kell to be the Executor of this my Last Will and Testament. In testimony of which I have hereunto set my hand and seal this nineteen day of April one thousand eight hundred and thirty nine. James Kell (Seal) Signed, sealed, published and declared in the presence of us William McClellan Samuel Gilmore Codicil #1 In the name of God Amen. I, James Kell of the township of Letterkenny in the county of Franklin and State of Penn. being of sound and disposing mind, memory and understanding but advanced in years and upon mature consideration have thought proper to alter part of my former will, do make, publish and declare this my last will and testament relating thereto in manner following: It is my will that my son Samuel occupy or receive the rents and profits of my house and lot situated on the south corner of the Cross street in the town of Strasburg during his natural life and no other person or persons for any claim or claims they may have against him before or after my decease without his consent. I give and bequeath unto my grandson James Kell and son of my son Samuel the above mentioned house and lot situated on the southern corner of the Cross street in the town of Strasburg leaving as a charge on the same one hundred dollars to be paid by my said grandson James, his heirs, executors or administrators to my daughter Emaline, her heirs when my said grandson James arrives, or should arrive to the years of twenty one or at the decease of my son Samuel should he then be living. I also and bequeath unto my son Samuel all that stands charged to him in my books, but should he make any claim amounting to more than what stands charged to him on my books for service he may consider to have rendered to me or otherwise then it is my will and I hereby direct that the above mentioned house and lot be sold by my Executor as soon as it can be and such balance as he shall lawfully establish paid to him out of the proceeds of such sale and the balance to be disposed of in manner following: First, One hundred dollars to be taken out for the use of my daughter Emaline and the balance to be divided in equal shares between my son James, my daughters, Gemima, Emaline, Caroline and Peggy Ann. I give and bequeath unto my grandson William Kell and son of my son William the amount of a judgment I obtained against the estate of my son William and which stands recorded on the Docket of Franklin County. All that part of my former will that relates to my son Samuel I hereby revoke and supply with this my last and all others matters as mentioned in my former will and not altered in this my Last to stand as there stated. In testimony of which I have hereunto set my hand and seal this twelfth day of June, One thousand eight hundred and thirty nine. James Kell (Seal) Signed, sealed, published and delivered in presence of us. William McClellan Samuel Gilmore Codicil #2 I, James Kell do hereby nominate, constitute and appoint Alford Matthews of Southampton Township, Franklin County, PA. my executor of this my Last Will and Testament, as the former executor , my brother Joel Kell is dead. In testimony hereof I have set my hand and seal this the twenty third day of February, A.D. One thousand eight hundred and forty two. James Kell (Seal) x (his mark) Sign, sealed and delivered in the presence of us William McClellan John Grove Franklin County: On this 23rd March, 1843, Personally appeared before me John W. Reges, Regr.of the said county, William McClellan & Samuel Gilmore, subscribing witnesses to the will and first codicil of James Kell late of Letterkenny Township Decd. who being duly sworn according to law did depose and say that they were personally present and saw James Kell the above named Testator now decd. write his name unto and heard him publish pronounce and declare the same will and codicil to be his Last Will and Testament and that at the time of the doing thereof the said decd. was of sound and disposing mind, memory and understanding according to the best of their knowledge and belief. Said William McClellan further deposeth and saith that he was present and saw said James Kell decd. sign his mark to the third codicil (which is the appointment of Alford Matthews, Executor) and that will, he was also of sound mind and memory, that the name William McClelland and Samuel Gilmore signed as witnesses to the will and several codicils are in their own proper hand writing and done at the same time that James Kell now decd. signed them as Testator. William McClellan Sworn and subscribed before John W. Regas, Regr. Franklin County - 25th March 1843. Personally appeared before me John W. Reges, Regr and in and for the county John Grove one of the subscribing witnesses to the third and last codicil the foregoing Last Will and Testament who being duly sworn according to law did depose and say that he was present and saw said decd. make his mark unto and heard him publish, pronounce and declare the same as his last will and testament and that at the time of the doing thereof the said decd. was of sound and disposing mind, memory and understanding according to the best of his knowledge and belief and that his name thereto subscribed as a witness is in his own, proper handwriting and done at the same time. John Grove Sworn and subscribed before John W. Reges, Regr 25th March, 1843. You Alfred Matthews do swear that as Executor of the Last Will and Testament of James Kell, decd. you will well and truly administer the goods and chattels, rights and credits of said decd. according to law, and also will diligently and faithfully regard and well and truly comply with the provisions of the Law relating to collateral Inheritance. Before John W. Reges, Regr. 25th March 1843. Letr. Testy Granted to Alfred Matthews John W. Reges, Regr