Peter Burket Sr. Will Contributed for use in USGenWeb Archives by Aileen Fulcomer (remocluf@pennswoods.net) USGENWEB NOTICE: Printing this file by non-commercial individuals and libraries is encouraged, as long as all notices and submitter information is included. Any other use, including copying files to other sites requires permission from the submitters PRIOR to uploading to any other sites. We encourage links to the state and county table of contents. ___________________________________________ Will Book 3, Pages 54-60 Huntingdon County, PA Last Will and Testament of Peter Burket, Sr. Dec'd In the name of God Amen. I, Peter Burket Sr., of Tyrone Township, Huntingdon County and Commonwealth Pennsylvania. Being indisposed in body but of sound mind and memory and understanding and knowing the uncertainty of this life and that it is appointed for all living ones to die and in order to Peace and uniamity amongst those concerned and for the more ___ and ready settling and disposing of that portion of the good things of this life which it hath pleased the Lord to bestow upon me ­ [Impermis] I do truly resign my immortal and never dying soul to him from whom I received it who is God of Gods and Lord of Lords and my mortal body to the Earth from whence it came to be intered in a Christian like manner at the discretion my Executors in full belief that I shall raise again at the great and General Day when all shall come forth that God may Judge them. Item 1 I order that all my Just lawful Debts be first punctually paid with the costs and expenses accruing from my funeral out of my Estate. Item 2. I leave and bequeath to my well beloved wife Elizabeth Burket her choice of one of my horse creatures to be kept by Peter Burket Jun. And fed by him summer and winter for her use she giving Peter Burket Jr. privilege to work said creature when she hath no immediate use for the same and in case she chooses to dispose of the creature at any time I allow her to do so and apply the price there of to her own use and for her to have her choice of two of my Milk Cows and three of my beds and bed clothes belonging to the same & three bedsteads and one bureau two tables & one stand Six of the best of chairs the Stove and pipe that stands in the front room and as many of the kitchen and (???) furnature as the said Elizabeth Burket chooses to keep and one large copper kettle one small iron kettle two small washing tubs one spinning wheel one woman sadle and three sheep to be kept by Peter Burket Jr. Summer and winter I leave and bequeath Elizabeth Burket the sum of four hundred dollars lawful money money of the United States to paid to her or to her heirs by my executors one year after my Decease, and further I at long that all the wooling and linen yarn that the said Elizabeth Burket doth spin and make into clothe this Spring or Summer the expense of the weaving, the same is to be paid for her use and benefit by my Executors & she to have a sufficiency of bread meal for her for one year after my Decease. Of my crop of grain and of meal from my meal on hand and as much of stock of hogs as will do her for said term and Peter Burket Jr. is to cut and haul her a sufficiency of firewood fit for the fire and stove each years during her natural life and one year after my Decease the said Elizabeth Burket is to have and received from Peter Burket Jr all the sundry as ___ and commodities mentioned and expressed by an Article of Agreement made and concluded By and between Peter Burket Sr and Peter Burket Jr. said Article bearing date the twenty ___ December one thousand eight hundred and twenty one as therein mentioned and expressed by said Article as fully and effectually as if was herein _xpreped references being, there unto had more fully and at large will appear 3rdly. I leave and bequeath to my dutiful son Jacob Burket the sum of Two hundred dollars lawful money as foresaid to be paid to him as soon as there is so much of Peter Burket Jr. Bonds paid to my Executors as will pay the same said sum in part of Jacob Burkets legacy. 4th I give and bequeath to my dutiful son, Samuel Burket the sum of three hundred and twenty Dollars of like money as aforesaid to be paid to him or to his heirs as soon as there are, so much of Peter Burket Jr. or Abraham Goods Bonds paid to Exrs as will pay the same after Jacob Burket is paid the aforesaid sum. 5th, I leave and bequeath to my dutiful daughter Sally Burket alias Sally Mung the sum of Five hundred dollars of like money as aforesaid to be paid to her or to her heirs as soon as there is so much of Peter Burket Jr or Abraham Goods Bonds paid to my Exrs after paying the aforesaid legacies together with this also. 6th I leave and bequeath to my dutiful daughter, Barbara Burket alias Barba Crean [?] the sum of Five hundred Dollars of like money as aforesaid or to her heirs as soon as there is so much money of Peter Burket Jr or Abraham Goods bonds paid into the hand of my Exrs as will pay the aforesaid legacies and this also 7th I leave and bequeath to my dutiful daughter Nancy Burket the sum of Five Hundred Dollars of like money as aforesaid to her or her heirs as soon as there is so much of Peter Burket Jr or Abraham Goods Bonds paid into the hands of my Exrs as will pay the aforesaid legancies and this also and one year after my decease leave to my Daughter Nancy an equal proportion of like property as my other Daughters received after their intermarriage with their husbands or otherwise to pay her so much money as will make her equal to what my others got. 8th I leave and bequeath to my dutiful son John Burket the sum of Five hundred dollars of like money as aforesaid to him or to his heirs as soon as there is so much of Peter Burket Jr or Abraham Goods Bonds paid into the hands of my Exrs as will pay the aforesaid legacies and this also. 9. I leave and bequeath to my dutiful son David Burket the sum of Five hundred dollars of like money as aforesaid to him or to his heirs as soon as there is so much of Peter Burket Jr. or Abraham Goods Bonds paid into the hand of my Exrs and will pay the aforesaid legacies and this also. And I further leave to my son David Burket the residence of my Plantation in Tyrone Township Huntingdon County after what I conveyed to my son Peter Burket Jr and when the said David Burket attains the age of twenty one years in case the said David Burket chooses to accept of the same Plantation at the valuation of a Jury of men chosen by the parties he paying unto the other heirs the balance after his own legacy is deducted out of it as will make him and the other heirs equal of the balance of said valuation and other out standing debt equal after pay the aforesaid legacies and in case David Burket do no accept of said Tract of land at the valuation I empower by Exrs to sell the same and for them to make deed or deeds for the same as legally as I could do in my lifetime and any money rising from the sale of any my lands or other property or Debts due to me I allow if any remains in the hands of my Exrs after paying the aforesaid legacies and bequeaths for them to divide it equally among my Children viz) Jacob Burket, Samuel Burket, Peter Burket Jr., John Burket, David Burket, Elizabeth Burket alias Elizabeth Neff, Salley Burket alias Sally Mung, Barbara Burket alias Barbara Crean, Peggy Burket alias Peggy Good and Nancy Burket and I do hereby empower my Exrs here in after named to make a Deed of Conveyance to Samuel Burket to him, his heirs or assings for all and every party of that house and lot of ground that I Peter Burket Sr. bought lately from John Henchy as legally as I could do in my life time. And further I employer my Exrs to rent that tract of land left to David Burket at the valuation of a Jury of men until he attains the age of twenty one and to them to get the same impowed [?] in buildings and fencing so that said improvements do exceed the yearly rent of the same. And I do hereby Constitute and ordain Jacob Isette Exr and Henry Fleck my sole Executors of this my Last will and Testament. And I do hereby revoke disallow and disannul all and every other or former will Testament Wills or legacies bequests or Executors by me or any ways before named willed or bequeathed ratifying or confirming this and no other to be my last will and testament. In witness where of I have hereunto set my hand and seal this 4th day of February A.D. 1823. Signed sealed and pronounced and declared by the said Peter Burket Sr in presence of us Sam Kyle Christian Harnish Peter Burket Sr. (seal) (in German) Samuel Harnish In german Codicil to the foregoing } I Peter Burket Sr of Tyrone Township Huntingdon County and Commonwealth of Pennsylvania so make and ordain this Codicil to be taken as part of my Last Will and Testament bearing date the fourth day of February one thousand eight hundred and twenty three is as follows: whereas I have by my said will given and bequeathed to my son David Burket the sum of Five Hundred dollars together with the residence of my Plantation after what I conveyed to Peter Burket Jr it being about one hundred and fifty five acres and by said will said David Burket has it to his choice either to take said part of my plantation at a valuation by a Jury of men chosen for that purpose or to refuse it at the age of twenty one years. Now I the said Peter Burket Sr Do hereby revock that close of my said Will as far as respects my son David Burket and in and for the said Close I leave and bequeath to my said son David Burket the ____ the aforesaid described part of my said Plantation Containing one hundred and fifty five acres and when the Dwelling house is built on said Tract of land for which the materials principally is ready and fully finished of fit to live in, the full of said expenses to be paid by my Executors out of money I have on hand for that purpose and when my said son David Burket attains the age of twenty one years in one year after he comes of age he is to pay to my Executors the sum of five hundred Dollars lawful money of the United Stated and yearly and every year thereafter the further sum of one hundred and fifty Dollars untile the full sum of Three thousand five hundred Dollars be fully paid including the first payment and the said David Burket to have the full right and title of and every part of said Tract of Land to him and to his heirs forever. And I do hereby allow my said Executors to rent my said son David Burket Tract of land until my son attains the age of twenty one years and for them to keep the place in good repair and to sink the well deeper and walled up out of the rent and agreeably to said will if there remained any money r property in the hands of my Executors it is to be equally divided after the legacies and bequests are fully paid. David Burket is to have an equal share with the others. And I do further allow my wife Elizabeth Burket the full right of one room below and one room up stairs and part use of kitchen and celler if she chooses to go there when the house is finished to lie in or my son David Burkets house on his tract of land. And I do hereby disanull the said Henry Fleck from being one of my Exrs. It is my will and desire that this present codicil be annexed to and made a part of my last will and Testament to all intents and purposes. In witness where of, I have hereunto set my hand and Seal this 07th day of July A.D. 1823. Signed Sealed published and declared by Peter Burket Sr above named Peter Burkets Codicil to be annexed as part of his will and testament in Presence of us Sam Kyle, Peter Pook, George W. Cunningham Peter Burket (seal) (in german) Huntingdon County P Before me the Register for the Probate of wills and granting Letters of Administration in and for the County of Huntingdon aforesaid Personally appeared Samuel Kyle Esquire and Christina Harnish two of the Subscribing witnesses to the foregoing Instrument of writing purportedly to be the Last Will and Testament of Peter Burket Sr and the said Samuel Kyle upon his solemn oath and the said Christian Harnish upon his solemn affirmation respectively do say that they were personally present and did see and hear the Testator Sign Seal & publish and declare the said foregoing Instrument of writing as and for his Last Will and Testament and that they the said Samuel Kyle and Christian Harnish did subscribe their names there to as witnesses in the presence of the Testator and at his Instance and Request and in the presence of each other and also in the presence of Samuel Harnish the other subscribing witness who at the same time subscribes his name thereto in the presence of the Testator and at his Instance and Request and also that the Testator Peter Burket Sr was at that time of sound and disposing mind and memory to the best of their Judgment and Belief Sworn by Samuel Kyle and affirmed by Christina Harnish And Subscribed by them respectively this 1st August 1823 Before me Dick _ Smith, Register Sam Kyle Huntingdon County P Christian Harnish [in German] Before me the Register for the Probate of Wills and granting Letters of Administration in and for the County aforesaid Personally appeared Samuel Kyle Esq and George W. Cunningham two of the subscribing witnesses to the foregoing Instrument of writing purporting to be a Codicil to the Last Will and Testament of Peter Burket Sr Deceased and upon their solemn oaths do say that they were personally present and did see and hear the said Peter Burket Sr Sign Seal Publish and declare the same as and for the Codicil to his Last Will and Testament and that they the said Samuel Kyle and George W. Cunningham did subscribe their respective names thereto as witness to the said Codicil in the presence of the Testator and at his Instance and request and in the presence of each other and also in the presence of Peter Pool the other subscribing witness who did also subscribe his name thereto a witness in the presence of the Testator and at his Instance and request. And that the Testator, Peter Burket Senior was at that time of sound and disposing mind and memory to the best of their Judgment and Belief. Sworn and Subscribe this 1st August 1823 Sam Kyle Before me Dick _ Smith, Register George W. Cunningham Renunciation of Jacob Isett & Jacob Burket To all people to whom these presents shall come Jacob Isett Sen and Jacob Burket both of Tyrone Township Huntingdon County Send Greeting whereas Peter Burket Sen late of the Township and County aforesaid Deceased did make his Last Will and Testament in writing dated the 4th January 1823 and by said will made Jacob Isett Sr one of his Executors as by said Will and Testament will appear. And also by a Codicil dated the 17th day of July 1823 did make and and appoint Jacob Burket one of his Executors in the place of Henry Fleck who was appointed Exr by said Will. Now know ye that we the said Jaocb Isett and Jacob Burket for divers good causes and consideration then whereunto moving Hath Renounced and Released and by these presents Doth Renounce and Release the said Executorship and doth Refuse and disclaim to take upon them the Burdens of said Executorship or the probate of said will and further the the said Jacob Isett Sr and Jacob Burket shall not nor will henceforth intermediate with the said Executorship or any of the estate of the late Peter Burket Sr by reason thereof nor do any act or thing whatsoever by virtue of the said Executorship as Executors to the said Peter Burket Sr. In Testimony whereof the said Jacob Isett and Jacob Burket both hereonto set our hands and seals the 28th July 1823. Witness Present Jacob Isett (seal) Sam Kyle. Jane Kyle Jacob Burket (seal) Renunciation of Elizabeth Burket To Richard Smith Esquire Register for the probate of Wills and granting Letters of Administration in and for the County of Huntingdon where as my late husband, Peter Burket Sr died and by his will left Jacob Isett Sr as one of his executors and by a Codicil annexed thereto appointed Jacob Burket one of his executors and said Exrs having renounced any claim to said Executorship and the said Elizabeth Burket widow and relict of the said Peter Burket Sr Deceased Now know and since good causes and considerations be the said Elizabeth Burket specially coming. I have Releases and hereby Do Release all my right and title to the administration of the said Estate of Peter Burket Jr. and Henry Fleck to administer on said Estate Witness my hand and Seal 29th July 1823. Witness Present Elizabeth X [her mark] Burket (seal) Samuel Kyle Jacob Burket Peter Burket Jr and Henry Fleck Adm with the Will annexed of Peter Burket Deceased Bond$ 15,000.00 Jacob Neff Sr John Fleck sureties [vide Bond] Memorandum Letters of Administration with the will annexed on the Estate of Peter Burket late of Tyrone Township Pa were this day granted to Peter Burket Jun and Henry Fleck. Inventory to be exhibited on or before the first day of September next and a true and just account calculation and reckoning of their said administration on or before the first day of August 1824 or when thereto legacy requires. Given under Seal of Office first August A.D. 1823 [This ends on page 59 of Book 3, Then on Page 60 of Book 3 is the following ] Renunciation of Elizabeth Burket To Richard Smith Esquire Register for the probate of Will and granting letters of administration in and for the County of Huntingdon whereas my late husband Peter Burket Sr died and by his last will left Jacob Isett Sr one of his Executors and by a codicil annexed thereto appointed Jacob Burket one of his said Exr and said Exrs having Renounced any claim to said Executorship and the said Elizabeth Burket widow and relict of the said Peter Burket Sr Deceased now know for divers good causes and considerations me the said Elizabeth Burket specially moving I have Released and here do Release all my right and title to the Administration of the said Estate to Peter Burket Jr and Henry Fleck to administer on said Estate. Witness my hand and Seal 29th July 1923 Witness present Sam Kyle and Nancy Burket Elizabeth X [her mark] Burket (seal) Renunciation of Jacob Isett and Jacob Burket To all people to whom these presents shall come Jacob Isett Sen. And Jacob Burket both of Tyrone Township Huntingdon County send greeting whereas Peter Burket Sen. Late of the township and County aforesaid Deceased did make by Last Will and Testament in writing Dated the 4th January 1823 and by said will made Jacob Isett Sr one of his Executors as by said wills and Testament may appear and also by Codicil dated the 7th day of July 1823 did make and and appoint Jacob Burket one of his Executors in the place of Henry Fleck who was appointed Exe by said Will, now know Ye that we the said Jacob Isett Sr and Jacob Burket for divers good causes and considerations then thereunto moving hath renounced and release and by these presents doth renounce and Release the said Executorship and Doth Refuse and disclaim to take upon them the burden of the said Executorship in the probate of the said will and further the the said Jacob Isett Sr and Jacob Burket shall not nor will henceforth intermediate with the said Executorship any of the Estate of the said Peter Burket by reason thereof nor do any action whatsoever by virtue of the said Executorship as executors to the said Peter Burket Sr. In witness whereof the said Jacob Isett and Jacob Burket both unto set our hands and seal the 28th July 1823. Witness present Jacob Isett [seal] Sam Kyle, Jane Kyle Jacob Burket [seal]