GREENE COUNTY, PA--Wills--James Kent Contributed for use in USGenWeb Archives by Emily Jordan GRANDWONS@worldnet.att.net USGENWEB ARCHIVES NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor of the file. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, MUST obtain the written consent of the contributor, OR the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. Will of James Kent Will Book #5 Pages 125-128 No 3004 ----------------------------------------------------------------------------- --------------------- I, James Kent, of Franklin Township, County of Greene, and state of Pennsylvania, do make and ordain this my last will and Testament, hereby revoking all former wills by me heretofore made. I desire to be burried in decent manner at the discretion of my Executors hereinafter named, and all my just debts and funeral Expenses paid. Item 1-I give, bequeath, and devise to my beloved wife, that portion of my farm, containing about two hundred acres, that may be left after taking of the two pieces hereinafter described, for the period of her natural life, I also give to her all the stock and personal property on the farm, and all my household and Kitchen furniture without appraisement, and without giving security for the return of the same at her death, for the same period of time, this bequest not to convey my notes or claims of debt I may hold against anyone. Item 2 at the death of my widow, I give, devise, and bequeath to my on Franklin the farm above described of about two hundred acres, and all the personal property that may be left at that time by my widow from the bequest to her -- But if my said son Franklin should die without leaving a child or children living at the time of his death, then the said two hundred acres of land here devised to him in base or conditional fee to revert and be Equally divided amongst my then living children, and the descendents of those that may be dead, the descendants taking the share of their ancestors if living. Item 3 I direct my Executors to sell my land in Cunmire County, state of Nebraska, containing one hundred and sixty acres and make deed to the purchaser therefore. Item 4 I direct my Executors to survey ninety five acres off the south East corner of my farm, beginning at a point in the bend of the road South of my house and opposite, or nearly so, the gate in the corner of my woods field and run the road to Gordons line; thence to the south East corner, then northward far enough to make the ninety five acres by striking a straight line from that point to the beginning and make the survey as near square as possible by starting at the point named. Also to strike off seventy eight acres on the South End of the farm as surveyed by Felton Nov. 9, 1876, Beginning at a hickory; thence N 1 1/2 W 11 6/10 P to gate at road: N 83 1/2 W 1 11/16 P to gate post: N 46 W 140 1/10 P to Locust: S 73 1/2 W 50 4/10 P to post by Locust in Woods line: S 11 E 112 8/10 P to post south of road, S 77 E 12 P to post in meadow: S38 E 22 2/10 P to post, N 74. E 118 P to Beginning and when the same are so struck off, my Executor, John T. Hook, as my other Executor will be interested as hereinafter will appear, Shall select three men to put a value on the said two pieces severally -- and if any of my children desire they may take the land at the valuation so put upon it, the said choice to begin with the children of my Eldest son Eagan, deceased, as to the ninety five acres, and next my son Franklin, and then the children of my Eldest daughter Mary Ann, deceased, and pass down according to priority of age, and as to seventy eight acres 12 perches, my son-in-law Jacob Shriver is to have the privilege of taking it at the appraisement, and if he declines then the other children, and grandchildren to have the right in the order before named -- If any of my children or grandchildren should take at the appraisement both pieces they are to pay my Executors for the same as follows -- Enough within one year from my decease to cover any debts or expenses, that my Nebraska land and notes and claims fail to pay, and Eight hundred dollars annually thereafter; if they take but one piece then they are to pay in proportion to clear my estate of debts as aforesaid And five hundred dollars annually thereafter. all the unpaid purchase Money to bear interest -- If none of them take either piece then the same all, or either piece, not so taken to be sold by my Executors and deeds made to the purchasers therefore on the shortest notice, and Either at public or at private sale. The proceeds of the Nebraska land my notes and claims, and the two pieces of land above described to be taken or sold, I direct to be applied as follows: First to the payment of all my debts, and expenses of settleing My Estate so as to leave the devise and bequest to my widow Entirely unincumbered -- and the balance Equally divided between my children Share and Share alike, the children of those deceased, to take their parents share: but before the above last distribution is made, my Executors will pay my grandson Milton L. Kent, son of my deceased son Eagan, one hundred dollars which is in addition to his share above bequeathed -- It is also my will that the share of my daughter Elizabeth be left in the land or otherwise invested by my Executors, and the interest paid to her annually, and at her death divided among her children -- My son Franklin haveing been provided for in Item 2nd is not included in this distribution, but is privileged to take at the valuation as above set forth, leaveing this bequest divisible into seven shares, said shares to be represented by the children of my deceased son Eagan, the children of my deceased daughter Mary Ann, my daughter Elizabeth Shriver as before set forth, my daughter Sarah Jane Shriver, my daughter Clementine Shriver, my daughter Susan Brant, and my daughter Margaret Lappen. Item as I have heretofore given to some of my children certain amounts, I do not desire them to be charged as advancements against their interests; this is not to release them from any debts they owe me and for which I hold their notes or Mortgages, I hold a note against Slater Shriver which is part paid and the same is to be given to him without further collection. Given under my hand and seal Feby. 17th, 1877 James Kent (seal) sealed, signed, published, and declared to be his last will and testament, by James Kent, who requested us to sign the same as witnesses which we accordingly do in his presence and in the presence of each other. Jas. A. J. Buchanan W.A. Hook Feby 17th, 1877 As a codicil to the above will I hereby appoint my nephew John T. Hook, and my son-in-law Jacob Shriver, Executors of the above last will and Testament. witness my hand and seal, James Kent (seal) Jas. A. J. Buchanan W.A. Hook And now Feby 2, 1878 I make and ordain this as a second codicil to this my last will and Testament. As I paid to my daughter Clementine Shriver one thousand dollars to payout on her land. It is my will that she be charged with only five hundred dollars of the same without interest, and the said $500.00 to be deducted from her share. Also, the share of Franklin Eisaminger and James Eisaminger I give & bequeath to Delilah, wife of Franklin Eisaminger as Franklin Eisaminger lost his property bailing his brother James. witness my hand and seal James Kent (seal) attest J.A.J. Buchanan G.W. McMasters Greene County | SS Personally appeared before me J.L. Yoders, Register for the Probate of wills, and granting letters of Administration in and for said County, Jas. A.J. Buchanan, and W.A. Hook, the two subscribing witnesses to the foregoing instrument of writing purporting to be the last will and Testament and also the first codicil (of the same date) of James Kent, late of Franklin Township, Greene County, Pa, decd, who being duly (affirmed) according to law, say they were present, and saw, and heard James Kent, the testator, sign, seal, publish and declare the foregoing to be his last will with the codicil annexed to be his will, and at the time of so doing he was of sound mind and disposing memory to the best of our knowledge and belief, And that we signed the same as witnesses at his request in his presence and in presence of each other. Affirmed and subscribed this 19 Feby as to W.A. Hook do " " " 23 " as to Jas. A.J. Buchanan Also Jas. A.J. Buchanan and George W. McMasters, who being duly (affirmed) according to law, say that they are the witnesses to the second codicil annexed to the will of James Kent, decd, they further say they saw and heard the above named testator sign and seal, pronounce and declare this 2nd codicil to be his will and at the time of so doing he was of sound mind, memory and understanding to the best of our knowledge and belief, and that we signed the same as witnesses at his request in his presence and in presence of each other. affirmed & subscribed this 19th of Feby 1878 G.W. McMasters do as to Jas. A. J. Buchanan 23 day before one J.L. Youders Reg. Jas. A.J. Buchanan as to the death of Jacob Shriver as died on the 12th day of February, A.D. 1878. Also letters Testamentary granted Feby 19th, 1878 to John T. Hook and Jacob Shriver Executors named in the will see probate and date of James Kent filed Together with will, Registered the 23rd day of February, A D 1878 J.L. Yoders, Register Inventory filed March 15, 1878 And now August 14th, 1899, the Further and Final account filed And now June 24, 1910 Final Acct. of W.A. Hook, Trustee of Elizabeth Shriver filed. [The following was written in the margin of page 126, perpendicular to the other text on the page:] I hereby accept the second tract of land described in Item 4 of this last will and testament of James Kent decd at thirty seven dollars per acre as appraised March 5, 1878 by Abner Tharp, Gth Hatfield, & D.A. Spragg containing 74 acres 3 rods & 20 perches -- or at the gross sum of two thousand seven hundred and seventy & 27/100 Dollars subject to all the conditions specified in said last will & Testament and in lieu of my distribution share that may I due(?) or became due Elizabeth Shriver under the provisions of said will the values thereof to be paid to her annually on the first day of January of each year after the sum(?) shall be acceptance and at her death the principal to be paid to her children. Witness my hand & seal this 5th day of March 1878 Albert Jas. R. Ruch Jacob Shriver, Jr. (seal) As to a legacy in the will devised to Elizabeth Shriver and her heirs See Orphans Court Records No 77 ????? 1887. Also copy of same record in Towns(?) & Letters of Attorney Dochet(?) Nil(?) page 21. May 18, 1888 Wm H. Clutton, Recorder