John Henderson 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 5, Pages 88-90 Last Will of John Henderson, M.D., late of the Borough of Huntingdon deceased In the name of God Amen: I, John Henderson, of the Borough & County of Huntingdon & State of Pennsylvania, Doctor of Medicine, making void all former Wills by me at any time heretofore made and to collect as son after my decease as the same cam be effected without subjecting my estate to any avoidable expense, all monies which may e due & owing to me at the time of my decease by hand note or otherwise; and after first paying my funeral expenses and all legal charges against my Estate as follows to wit: Whereas in the education of my Sons. Setting them up in life & afterwards supporting them for at time, I have advanced considerably larger sums of money to some of them than to the others as will appear by "Book of accounts and private memoranda" to which I refer to fix & determine the amounts of the said advancements; and whereas it is my Will & intention that my sons should receive equal portions as nearly as may be of my Estate, taking into view the sums advanced to them respectively as aforesaid. I do order and direct my Executors to pay to my sons, Andres A. & William II. Out of the monies aforesaid and if necessary other monies which may be received by my Executors in the Settlement of my Estate, so much as will make their accounts equal to the sums advanced as aforesaid to my sons Matthew A. & I. Kearsley [?], the whole amount necessary to make such equalization to be paid to my sons Andrews A. Immediately & to William I. In installments of five hundred a year until the whole be paid, and whatever may remain of my personal Estate I direct to be equally divided amongst my four sons. And to my real estate which I hereby classify range & number in parcels proper from their location & situation to be considered valued & taken by my sons in the names hereafter mentioned as district parts or properties. I order & direct my Executors a soon as the above & within arrangements with respect to my personal property be made to employ three respectable & disinterested persons in the neighbourhood of the property, to appraise & set a value on each part or property, separately which appraisement & valuation shall be made in writing. Signed by the said appraisers & filed by my Executors in the office of the Register for the Probate of Wills & granting letters of administration in and for the county of Huntingdon; that is to say: 1st all my "Strong Farm" of one hundred and forty six acres & including six tracts of unseated mountain & timberlands numbered in the "Schedule of the Titles to my real Estate" as Nos. 7,8,9,10,11,12 as by reference to said Schedule will appear: Situate South West of the mouth of the Raystown Branch of the Juniata River & containing in the whole Seventeen or eighteen hundred acres more or less. In valuing which the appraisers Shall take into view a first rate water power at the State Dam on said Farm; & the purchased right of a road from the Dam across the Canal Bridge to the ____ pike at the Barn of Mr. Jacob Millers. 2nd as my "Esther Donaldson" Farm on which James Sloan now resides, lying South west of the borough of Huntingdon & including on the North west line fifteen or twenty acres of a Survey in the name of Peter Rist [?]. 3rd area all my real estate in Huntingdon and the the neighbourhood consisting of my dwelling house & the two lots of ground on which it Stands; & a lot on the Square back of the new Court house. Lots and adjoining the lot of I. P. Campbell, Esq, as also my meadow lot of Seven areas Situate on Stone Park neat the borough line. 4th on my large Farm of upwards of three hundred acres of limestone land of the first quality, on which John Wagoner now resides & formerly in the tenure of Thomas Patton in Centre County, Pennsylvania. 5th on the Farm adjoining the last mentioned [No. 4] containing one hundred & twenty acres more or less on which Christian Hartswick now resides, a reference to the drafts will show the boundaries of number of acres contained in No. 4 & 5 as above stated. 6th on my property in Lock Haven, Clinton County, Pennsylvania, consisting of a large Brick house Situate on two lots of ground on the bank of the River. Also lot no 57 [?] nearly in their rear on which is erected a large Stable & also my interest in two lots of ground on the Square owned by son, Matthew A. near to the Court House lots. After the appraisement & valuation shall be made as aforesaid & the whole value of the real estate be thus ascertained, and what will be the equal Share of each of my sons therein. It being my intention to divide & apportion the same among my sons equally. It is my will & I do hereby order & direct that my sons shall have the privilege of choosing & taking such part or parcels of my real estate according to the arrangement & classification herein before made as they may respectively desire the said choice to be made by my sons according to Seniority. That is to say, my son, Matthew A. is to have the first choice: my son, Andrew A., the second; my son, I. Kearsley, the third; and my son William I. the fourth & last choice. And it is my will that the parts of my real estate so accepted & taken by my sons respectively in the manner herein direct. Shall be held & pass serving evidence of the choice, so made, by any said sons and & preventing any uncertainty with that they shall execute an agreement designating. Specifically, the choice by them respectively made or shall executer or deliver mutual releases which agreement or release shall be acknowledged & placed before record and if any part of my real estate be not accepted and taken by my sons at the appraisement as aforesaid there & in that case, I hereby order & direct my Executors to sell and dispose of the same either at public or private sale as they shall judge most advantageous to my Estate & for that purpose. I hereby expressly authorize & empower my said Executors to sell & convey the same & make & deliver a Deed or Deeds therefore to the purchaser or purchasers; and the proceeds I order & direct to be so divided amongst my four sons as to equalize their respective claims to be a full share of my whole estate. Lastly, I do hereby make & order George Taylor my Attorney at Law, of the borough of Huntingdon, and my sons, Matthew A. & Andrew A. Henderson, Executors of this my last Will & Testament; and I do hereby order and direct that in order to prevent any sacrifice of any portions of my property and all avoidable expense & confusion to the Administration of my Estate, my said Executors in carrying my views as herein expressed shall be allowed a reasonable time for the performance of their duties, in apposition to any interference by those interested in urging a too hasty settlement of my affairs. In Witness whereof , I, John Henderson, M.D., the Testator, have to this my Will written on one sheet of paper, Set my hand and seal the eighteenth day of March in the year of our Lord one thousand eight hundred and forty Seven John Henderson [in German] seal Signed, sealed and acknowledged in presence of us John Cresswell, James Steel Huntingdon County P Before me the Subscriber Register for the probate of Will and granting Letters of Administration in and for the county aforesaid personally came John Cresswell & James Steel Esquires who being first duly Sworn according to law did depose and say that they were personally present and did hear Dr. John Henderson the Testator in the within will mentioned, whos name is affixed to the same Signing and Sealing the Same, acknowledge the same in our presence as his signature, and also further heard him publish pronounce and declare the within instrument of writing as and for his last will & Testament and that at the time thereof he was of sound disposing mind & memory to the best of the knowledge & belief of deponents that they Signed their names thereto as witnesses in the presence of each other and in the presence of the Testator and at his request. Sworn & Subscribed the 2nd day of April A.D. 1850 Before M. F. Campbell Reg. James Stell Jn. Cresswell George Taylor, Esq. Dr. Mathew A. Henderson Executors of John Henderson late Of the Borough of Huntingdon Memorandum Letters Testamentary [in Common form] ____ this day granted to Hon. George Taylor and Dr. Marthew A. Henderson on the estate of Dr. John Henderson late of the Borough and County of Huntingdon deceased. Inventory to be exhibited within thirty from this date and a just ____ ___ account calculation and accounting of their administration of Said Estate within one year from the date hereof as when thereunto legally reuied. Given under seal of office this 22nd day of May A.D. 1850 __ F. Campbell, Register