WILL: John A. ZULLINGER, 1917, Orrstown, Franklin County, PA Contributed for use in the USGenWeb Archives by Submitted by Janice Roden, areta@flash.net Copyright 2006. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/franklin/ _______________________________________________ No. 19797 Last Will and Testament of John A. Zullinger late of Southampton, Deceased Probated April 5, 1917 I, John A. Zullinger of Orrstown, Franklin County, Pennsylvania, being of sound and disposing mind memory and understanding do make publish and declare this to be my last will and testament hereby revoking and making void any, all wills by me at any time heretofore made: First - I direct that my body shall be buried in manner corresponding with my estate in life in my lot in the cemetery at Shippensburg and that a monument not to exceed in cost the sum of two hundred and fifty dollars ($250.00) shall be placed at my grave to the memory of myself and wife and as soon after my death as conveniently can be done. The expenses of my funeral and all just claims against my estate shall be fully paid by my executrix and executors hereinafter named. Second - I desire that my wife Emmaline Zullinger shall elect to take her three hundred dollars ($300.00) exemption out of the household goods and personal effects I have about me at the time of my death and in addition to her said exemption I give and devise to her Emmaline Zullinger during the term of her natural life my property situate on East Queen Street Chambersburg, Pa. and known as the Zacharias property and upon the death of my said wife Emmaline Zullinger I order and direct that the same shall be sold by my executors hereinafter named, however, it is my will that my son Thomas A. Zullinger shall first have the privilege to purchase the said property from my executors and after the death of my said wife for the sum of eight-eight hundred dollars ($8,800.00) and I authorize and empower by executors hereinafter named to make and execute a deed to the purchaser or purchasers thereof in the same manner as I could do if living. The proceeds derived from the sale of the said property I give and bequeath as follows: one-fourth (1/4) to my son John K. Zullinger, one fourth (1/4) to my son Thomas A. Zullinger, one fourth (1/4) to my son Jere E. Zullinger and the remaining one-fourth (1/4) to the Chambersburg Trust Company in trust for my son J. Warren Zullinger. It is my will that this trust fund shall bear interest at not less than five (5) percent and the interest only, less the necessary expenses, shall be paid semi-annually to my son J. Warren Zullinger. Upon the death of my said son J. Warren Zullinger, I give and bequeath, this principal sum so held in trust for my son J. Warren Zullinger to the present wife and the children of the said J. Warren Zullinger, share and share alike. Should the wife of J. Warren Zullinger die before him then and in that case I give and bequeath this principal sum above mentioned to the children of the said J. Warren Zullinger share and share alike. In addition to that given to my wife Emmaline Zullinger as above described..I give and bequeath to my said wife Emmaline Zullinger an annual income of one hundred and twenty five dollars ($125.00) from the farm hereinafter devised to my son John K. Zullinger and an annual income of seventy five ($75.00) from the farm hereinafter devised to my son Jere E. Zullinger and an annual income of seventy five dollars ($75.00) from the farm hereafter devised to my son Thomas A. Zullinger said income to be paid respectively by the said John K. Zullinger, Jere E. Zullinger and Thomas A. Zullinger in semi-annual payments one half on the first day of April and one half on the first day of October in each and every year during the life time of my said wife. In addition to these bequests my wife Emmaline Zullinger shall have the right and privilege of continuing to live in the dwelling portion of the store property rent free hereinafter devised in to John K. Zullinger as long as she so desires to occupy the same as a home. These bequests I make to my wife in lieu of her dower and share in my estate real and personal as I believe it will be sufficient to support her comfortably and be better than a division of the income which would be less certain sometimes being more and sometimes less. Third: I give and devise unto my son J. Warren Zullinger during the term of his natural life my farm on one hundred and seventy eight (178) acres more or less, known as the Rigler Farm and situate one half (l/1) mile south of Strasburg and the roads and rights of way thereto including about one (1) acre bought by me from Hafer also a tract of timber land of fifteen (15) acres more or less adjoining lands of Samuel Burgneis heirs and Jacob Nugents heirs with remainder to the present wife of the said J. Warren Zullinger and his children or their heirs. Should the wife of J. Warren Zullinger die before him then and in that case I give and devise the remainder to the children of the said J. Warren Zullinger or their heirs. Fourth, I give and devise unto my son J. Warren Zullinger or his heirs my brick house and lot in the borough of Orrstown and known as the Kendig property. Fifth: I give and devise unto my son John K. Zullinger or his heirs my farm at Orrstown known as the Orr Farm having a store room and barn thereon with the Kyner property adjoining the same containing three (3) acres also the land known as the Cyrus Reve land of about fifteen (15) acres more or less, the whole containing about one hundred and fifteen (115) acres more or less subject however to the following reservations and charges: My said son John K. Zullinger or his heirs shall pay the annual sum of one hundred and twenty five dollars ($125.00) in equal semi-annual payments on the first days of April and October of each and every year to my wife Emmaline Zullinger during the period of her natural life time and at her death the sum of three hundred dollars ($300.00) to my son J. Warren Zullinger; and also the sum of four hundred ($400.00) to my son Jere E. Zullinger. Sixth - I give and devise unto my son John K. Zullinger or his heirs my undivided one half (1/2) interest in a tract of fifty (50) acres of timber land situate in Fannett Township purchased by C. D. Minehart and myself from Amos Hoover (25 acres) and from Daniel Craig (25 acres). Seventh - I give and devise unto my son Jere E. Zullinger or his heirs my farm in Letterkenny Township known as the Grove Farm containing one hundred and ninety two (192) acres, more or less. Subject however to the following reservations and charge: My son Jere E. Zullinger or his heirs shall pay the annual sum of Seventy five dollars ($75.00) in equal semi-annual payments on the first days of April and October of each and every year to my wife Emmaline Zullinger during the period of her natural life time. Eighth - I give and devise to my son Jere E. Zullinger or his heirs a certain tract of timber land situate in Letterkenny Township known as the Koontz lands containing twenty (20) acres more or less adjoining lands of David Beltz and others. Ninth - I give and devise unto my son Jere E. Zullinger or his heirs my undivided one half (1/2) interest in a tract of mountain land situate in Fannett Township containing about one hundred and thirty six (135) acres more or less and acquired by C. D. Minehart and myself from the estate of Denton Stake deceased. Tenth - I give and devise unto my son Jere E. Zullinger or his heirs my undivided one third (1/3) interest in a tract of mountain land situate in Fannet Township containing about sixty two (62) acres more or less and acquired by C. D. Minehard, Simon Greenawalt and myself from one Garland. Eleventh - I give and devise unto my son Thomas A. Zullinger or his heirs my farm known as the Brotherton Farm, containing two hundred and thirty eight (238) acres more or less situate in Letterkenny Township subject however to the following reservations and charges: My said son Thomas A. Zullinger or his heirs shall pay to my wife Emmaline Zullinger the annual sum of seventy five dollars ($75.00) in equal semi-annual payments on the first days of April and October of each and every year during the period of her natural life time, and at her death the sum of two hundred and fifty dollars ($250.00) to my son J. Warren Zullinger. all the rest residue and remainder of my estate real, personal and mixed I will and direct that my executrix and executors hereinafter named shall sell at public sale, to the highest and best bidder and I give them full authority and power to make, execute and deliver to the purchaser or purchasers thereof good and sufficient deed or deeds therefore the same as I could do if living and the entire proceeds deprived therefrom after the devises and bequests herein before made have been fully met, I give, devise and bequest as follows: one fourth (1/4) to my son Jere E. Zullinger, one fourth (l/4) to my son J. Warren Zullinger, one fourth (1/4) to my son John K. Zullinger and the remaining one fourth (1/4) to my son Thomas A. Zullinger. However the shares of my sons John K. Zullinger and Thomas A. Zullinger shall be first applied to the payment of any indebtedness they may owe my estate. That is to say that of my estate pays any of the note on which I am endorser for them at the time of my death. The amount so paid by my estate shall first be deducted from their respective shares. And lastly, I do hereby make, constitute and appoint my wife Emmaline Zullinger and my sons, Thomas A. Zullinger and John K. Zullinger as executrix and executors of this my Last Will and Testament with full power and authority to do and into effect all the provisions of this my last will. In witness thereof I have hereunto set my hand and seal this 9th day of August, A.D. 1915. John A. Zullinger Signed, sealed and declared by the said John A. Zullinger, Testator, above named as and for his last will and testament and we have subscribed our names as witnesses thereto at his request in his presence and in the presence of each other. Frank Orr C. M. Orr Pennsylvania Franklin County Before me Wm. Stover, Register of Wills in and for said County personally came C. M. Orr and subscribing witness to the within instrument of writing who being duly qualified according to law did depose and say that he was personally present and saw John A. Zullinger late of the Township of Southampton in said County deceased and Testator therein named sign his name to said writing and seal the same and heard him publish and declare the said instrument as and for his last Will and Testament and at the time of so doing he was of sound mind, memory and understanding to the best of his knowledge and belief and that his own name thereto subscribed as witness was so subscribed at the request of the Testator in his presence and in the presence of the other subscribing witness C. M. Orr Sworn and subscribed before me this 5th day of April, A. D. 1917 Wm. Stover, Register Pennsylvania Franklin County Before me, Wm. Stover, Register of Wills in and for said County personally came Harry R. Orr and J. A. Kell who being duly qualified according to law say they were well acquainted with Frank Orr and with his hand writing and especially with his signature and they verily believe the signature Frank Orr to said instrument attached is genuine and in his proper hand writing. Harry R. Orr J. A. Kell Sworn and subscribed before me this 5th day of April, A.D. 1917 Wm. Stover, Register You Emmaline Zullinger, Thomas A. Zullinger and John K. Zullinger do affirm that as executors of the last Will and Testament of John A. Zullinger late of the Township of Southampton deceased you will well and truly administer the goods and chattels, rights and credits of said deceased according to laws and will also diligently and faithfully regard and well and truly comply with the provisions of the law relating to collateral inheritances. Emmaline Zullinger T. A. Zullinger Jno. K. Zullinger Affirmed and subscribed before me this 5th day of April, A.D., 1917 Wm. Stover, Register Franklin County Before me Wm. Stover, Register of Wills in and for said County personally appeared Emmaline Zullinger who being duly qualified according to law doth depose and say that John A. Zullinger, late of the township of Southampton in said County, deceased, died the 29th day of March, A.D., 1917 at 3:30 o'clock a.m. of said day . Emmaline Zullinger Affirmed and subscribed before me this 5 April A.D., 1917 Wm. Stover, ,Register County of Franklin Registers Office Be it remembered that on the day of the date hereof the last Will and Testament of John A. Zullinger, late of Southampton Township deceased being the annexed within instrument was duly proved before the Register of Wills of said County as and for the last Will and Testament of said deceased which said last will and the proofs and examinations taken thereon are recorded and filed in said office. In testimony whereof I have caused the seal of Office of the said Register of Wills to be hereunto affixed at Chambersburg the 5th day of April, 1917 Wm. Stover Register A true copy taken from the original, April 10, 1917 Wm. Stover, Register for D. A. Flora