WILL: Henry FITE, Thompson Township, Fulton County, PA Surname: FITE Submitted by Clair Villano (cevillano @ aol.com) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/pa/pafiles.htm *********************************************************************** Transcribed from SAMPUBCO photocopy by Clair Villano Fulton County Book II, pg. 186-188, written 1882 and proved 1887 WILL OF HENRY FITE, late of Thompson township, deceased I, Henry Fite of the township of Thompson, County of Fulton, state of Pennsylvania farmer. being weak in body but sound and disposing of mind and memory and understanding, do hereby make and publish and declare this to be my last will and testament hereby revoking and declaiming all former wills heretofore made by me, and acknowledging this as and for my only last will and testament, to wit: Item: As soon after my death as convenient all my just debts, funeral expenses and the expenses of proving this my will and settling my estate shall be fully paid by my Executor hereinafter named; I order and direct my body to be decently buries by the side of my departed wife in the "Rehobeth" Church graveyard, and I direct and order that a suitable wire fence be erected by my Executor hereinafter named out of funds belonging to my estate and which are now set apart for said purpose, around the grave of my said departed wife and myself. Item: First, I give and bequeath unto my wife Jude, two cows, two beds and bedding, one corner cupboard, one table, one clock, one ten plate stove, one cook store and fixtures, one bureau, six chairs and all the dishes she may deem necessary for her use in house-keeping; I further give, devise and bequeath unto my beloved wife Jude the use of my mansion house and farm and all proceeds arising from the farm I now reside on so long as she remains single and my widow; I also give and bequeath to my beloved wife Jude the interest in all moneys remaining after payment of my debts, funeral expenses and the following bequests so long as she remains single. Second: I give and bequeath to my sister Evaline one hundred and fifty ($150) Dollars; I give and bequeath unto my sister Catherine Brady, one hundred and fifty )$150) Dollars; I give and bequeath unto my sister Sarah Evans, one hundred and fifty ($150) Dollars; I give and bequeath to my sister Matilda Hull, one hundred (#150) Dollars; I give and bequeath to my brother George, one hundred and fifty ($150) Dollars; I give and bequeath to my brother John Fite one hundred fifty ($150) Dollars; I give and bequeath to my brother Peter Fite, one hundred and fifty ($150) Dollars; I give and bequeath to Lewis P Fite (Shepperd) one hundred and fifty (#150) Dollars; I give and bequeath to "Little" Ross Fite, son of Louis R. (Shepperd) one hundred fifty ($150) Dollars. The foregoing bequests all to be paid within one and one half years (eighteen months) after my decease, without interest. I give and bequeath to Mary Cook the sum of fifty ($50) Dollars to be paid within the time above specified. In the event of the death of either of the above-named parties, my will is that his or her share shall be paid to his or her heirs, share and share alike. Third: My will is that my property consisting of a house and lot of ground in the town of Hancock, Maryland be sold and converted into money by my Executor hereafter named as soon as conveniently can be after may decease. After the death of my wife, or in the event of her re-marriage all my real estate is to be sold and converted into money by my Executor and all moneys collected by him from every source due unto me and my tract of land in Washington Co Md containing about ninety-two (92) acres I direct also to be sold and converted into money by my Executor as soon after my decease as convenient and the whole net proceeds distributed as follows: At the death of my wife Jude or in the event of her remarriage the rest, residue and remainder of my estate of whatever nature or kind to go to and I will and bequeath to my sister Evaline, Catherine, Matilda, Sarah (Mary, crossed out; "by himself thus") and my brothers George, John and Peter, share and share alike, or in the event of the death of either of them, his or her share to be equally divided among his or her heirs, share and share alike with the proviso that Lewis P Fite (Shepperd) is to be first paid fifty ($50) Dollars or in the event of his death the said ($50) fifty Dollars to go to his, the said Lewis P's, son Ross. I hereby nominate, constitute and appoint Dennis Morgret and Robert A. McDonald to be Executors of this my last will and testament and give them full power to make and execute all deeds of conveyance necessary to transfer the title to my real estate and also five my Executors full power to disperse of my real estate either at public or private sale as seems best in their judgment. In testimony whereof I have hereunto set my hand and affixed by seal this fifteenth day of December AD one thousand eight hundred and eighty-two (1882) Henry Fite (seal) Signed, sealed, published and declared in presence of us, who have signed our names hereto at the request of the testator in his presence and in the presence of each other as witnesses hereto James Shives, William Wallace Smith, John E. Everts Commonwealth of Pennsylvania, Fulton County Before me W. H. Nelson Register for the Probate of Wills in and for said county, personally came James Shives and John E. Everts, two of the the subscribing witnesses to the within instrument of writing, who being duly qualified according to law, did depose and say that they were personally present and saw Henry Fite Esq. Fite late of the township of Thompson in said County deceased, the testator herein 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 and disposing mind memory and understanding to the best of their knowledge and belief and that their own names thereto subscribed as witnesses were so subscribed at the request of the testator in his presence and in the presence of each other. Sworn and subscribed this 8th Day of July AD 1887 before me James Shives W. H. Nelson, Register John Everts Fulton County SS: Before me Register of Wills in and for said County personally came James Shives who being duly qualified according to law deposes and says that Henry Fite Esq. the testator above named late of Thompson township deceased died on Friday the 24 day of June AD 1887 about 12 o'clock M. of said day to the best of his knowledge and belief. Sworn and subscribed before me This 8th day of July, 1887 James Shives W. H. Nelson, Register Fulton County SS: You Dennis Morgret do swear that as Acting Executor of the last will and testament of Henry Fite Esq. late of Thompson township, deceased, you will sell and truly administer the goods and chattels, rights and credits to, of said deceased according to the provisions of the law relating to collateral inheritances. Sworn and subscribed before me this 8th day of July AD 1887 Dennis Morgret W. H. Nelson, Register Filed July 6 AD 1887 duly sworn July 8 1887 - July 12 1887 renunciation of Robert A. McDonald Esq, one of the Executors named filed and same day Liters testamentary herein granted to Dennis Morgret, Acting Executor W. H. Nelson, Register Tax .50 Fus. 5.50 $6.00 Side Margin, pg. 286: Mrs. Judie Fite, widow of Henry Fite, deceased, declines to accept the provisions of the last will and testament of her late husband and claims her dower at common law. her half of the personal estate and all such other rights as she might have under the law, October 1888 Judie Fite by her attorney George A. Smith Side margin, pg. 287 For distribution of the proceeds of sale of Real Estate see Annotation, Report Docket No. 2, page 366 etc. James P. Waltz, Clerk Oct.