WILL: John KENNEDY, 1805, Franklin County, PA Contributed for use in the USGenWeb Archives by Jeff Gerber [jeffrey.gerber@gmail.com] Copyright 2009. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/franklin/ ______________________________________________________________________________________________ In the name of God amen. I John Kennedy of Franklin County, in the state of Pennsylvania knowing the uncertainty of life and being of sound mind and memory do make and declare this my last will testament Imp??? I allow all of my just debts to be punctually paid. Item I give and confirm unto my oldest daughter Mary Eaker that plantation where on she now lives and allow a receipt now among my papers, signed by George and Mary Eaker for three hundred pounds to be given up to her. Item I give and confirm unto my youngest daughter Elie Lowrey the plantation whereon she now lives in Green county. Item I give unto my son David Kennedy all my other property real and personal except the reservations herein after mentioned. Item I give unto my older daughter Mary Eaker six hundred dollars to be paid in the manner following, Viz. twenty dollars on demand, two hundred and eighty in three years and three hundred in six years after my decease. Item I give unto my youngest daughter Elly Lowrey six hundred dollars to be paid in manner following Viz. twenty dollars on demand two hundred and eighty dollars in three years and three hundred in six years after my decease and also a feather bed or its value the first choice. Item I give unto my sister mary Armstrong sixteen dollars to be paid on demand. Item I give unto my niece Agness Scot sixteen dollars to be paid on demand. Item I give unto my granddaughter Elizabeth Eaker one hundred dollars to be paid as follows Vis. Twenty dollars on demand thirty dollars in three years and fifty in six years after my decease. Item I give unto my granddaughter, Catharine Kennedy Eaker one hundred dollars to be paid in manner following viz. twenty dollars on demand, thirty dollars in three years, and fifty in six years after my decease, and also a feather bed the second choice and it is my will that if either or both of the above named or ??? Eaker’s should die without issue before their legacies are paid, in that case they shall be equally divided among their surviving brothers and sisters. Item I give unto my grandson Allen H??? Campble four dollars and this to be exclusive of a bond for one hundred pounds in the hands of the executors of the Rev’d Thomas McPh???s estate; and in the case he should die without lawful ??? before the money is paid I allow it to be equally divided among my three children Mary Eaker, David Kennedy, and Elly Lowrey. Item having made ample provision for my grandson Allen H Campble, I give unto my son-in-law John Cample three dollars to be paid on demand. Item I give unto my grandson John Kennedy Lowrey one hundred dollars to be paid as follows, Viz. fifty dollars in three years and ??? in six years after my decease, to be paid to a person to be chosen by my executors in trust for said Lowery till he comes of age; and in case he should die before he arrives at the years of twenty one, I allow it to be equally divided among his surviving brothers and sisters. Item I give unto John Kennedy Armstrong, grandson of my sister Mary Armstrong fifty dollars for his education to be paid within six years after my decease in such sums as my executors may think necessary and in case he should die before the money be expended I allow it to return back to my son David. Item I give unto my granddaughter Elizabeth Lowery fifty dollars to be paid as follows, viz. ten dollars on demand and forty when she is married or arrives at the age of twenty one. Item if my son David should find it convenient to pay any of the above mentioned legaties between the date of this will and my decease, the receipt of the legatee shall shall exonerate him from a second payment. Item I allow my black man and woman Dick and Dinah to be free in one year after my decease a house to be built for them where the cellar is now dug at the east and of the place the well and cellar to be walled with stone a stone chimney to be built in the middle of the house and boards to be provided for flooring the hose above and below all the expense of my estate. I also allow them to have permission to clear the meadow ??aught and as much upland on the south side of the house as my executors may think necessary to cut a sufficiency of living timber for fencing and dead for fire wood, where my executors may direct but they are not allowed to sell or waste any. I also allow them to have the use of a plow and horses whenever my executors may think he needs them; and in case Dick should get unable to earn a living, I allow him from twenty eight to forty dollars a year instead of the above described land. My intention is that all the above privileges shall only continue during Dicks life time. Item, I allow my body to be buried in a piece of ground called ??? now staked out, a vault to be created, or if my executors find it more convenient a tomb stone to be placed over my grave, the place to be pa??? in and permission to be given to any of my relation who may desire to be buried in the same place. Finally I appoint my ??? son L??? Kennedy and my trusty friend William Allison Executors of this will and testament and if a dispute should unfortunately arise beween any of my Legatees, it is my will that three persons shall be choosen one by each of the disputants and the others by these two whose devision shall, to all intents and purpose, be as binding upon the parties as any p??? of law in the state. N. B. the above will was written in the ??? of the year eighteen hundred and two. Anything above recorded relating to the date of the will is to be understood of that time. Witness my hand and seal this 13th day of August anno Domini one thousand eight hundred and four. Signed and Sealed in presence of Robert Kennedy, John McGinley. John Kennedy (his mark) {seal} On the 29th of January 1805 Rober Kennedy and John McGinley the witnesses to foregoing writing appeared before me Reg. for the probate of wills ??? for Franklin county and upon their solemn oaths did say that they were present and saw and heard John Kennedy deceased make his mark unto and seal and publish the foregoing writing as and for his last will and testament that at the time of doing thereof he the said John Kennedy was of sound and disposing mind memory and understanding recording to the best of their knowledge and belief that their names signed thereto is of their own hands writing done at the same time. Sworn and subscribed ??? ??? Crawford Reg. Robert kennedy John Mc Ginley ??? John Mc Clelland and John Mc Ginley appeared at the same time being duly sworn deposeth and saith that on the fifteenth day of ??? Instant being at the house of deceased by his special order and direction drew upon ??? and along the 27th and 28 lines of the first page of the foregoing writing and added thereto the word “dollars” deceased was then in his sound mind and memory to the best of this deponants belief. Sworn and subscribed ??? Edw Crawford Reg. John Mc Clelland John Mc Ginley John A Hanagan sworn at same time, deposeth and saith that on the 15th Instant in the morning this deporcant, being present with deceased that the deceased John Kennedy said till David and ??? Allison to being me when they see cause, decased was then in his sound mind and memory to the best of this deponants belief. Swornd and subscribed ??? Edw Crawford Reg. John Flanagan Both executors sworn to file Inventory and truly adminster the estate of deceased under this will and to settle in one year or when legally required 28th January 1805. Edw Crawford Reg. A true copy taken from the original remaining of records.