Jane McCulloch 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 12, Pages 56-59 Huntingdon County, PA Last Will of Jane McCulloch, deceased I Jane McCulloch of Huntingdon Penna being of sound mind memory and understanding do make publish and declare this instrument as and for my last will and testament. I direct that my body be buried in the Huntingdon Cemetery, by the side of my brothers Dr. John and Thomas McCullouch and my grave appropriately marked. After the payment of my just debts, funeral and settlement expenses of my estate, I direct that the estate with which it has pleased a kind Providence to entrust to my care, shall be disposed of and distributed as follows. I hereby appoint and constitute Geo. B. Orlady and Thos. McCulloch, as the executors of this my last will and testament, giving and granting to them full power and authority to convert my property of every kind and whenever situate into money as promptly as in their judgment is best for my estate. To lease real estate and receive the rents thereof. To grant bargain and sell any and all of my real estate, whenever situate, at and for such prices, and on such terms at public or private sale, without further order as in their judgment is best, to execute and deliver deed or deeds, to grant convey and assure the whole or any part of my real estate to the purchaser or purchasers thereof, his, her or their heirs and assigns, free and relieved from all liability for or on account of the ­ purchase money. I give and bequeath to my executors named the sum of Two thousand and __ in Trust, that they invest said sum at best obtainable rate of interest for safe investment, and pay the interest thereof annually to Margaretta McCulloch, wife of Stewart McCulloch, and so much of the principal thereof as in their judgment is necessary for the comfortable maintenance of Margaretta McCulloch during her natural life, and at her death the principal or so much thereof as may be disposed of, to be by my executors, equally divided and paid to Mary McCulloch, Ellen McCulloch, Nancy J. McCulloch, and Margaretta Maud McCulloch, daughters of said Margaretta McCulloch, and in the event of the death of any of the four named daughters of Margaretta McCulloch before her mother, without leaving a child or children to survive her, the share to which any one so dying would be entitled if living shall be equally distributed to her sisters living at her death, and if any one of the four daughters of Margaretta McCulloch should die before her mother leaving a child or children to survive her, the share to which any one so dying would be entitled if living shall be paid to her child or children equally. 2nd I give and bequeath to my executors named the sum of Two Thousand Dollars in Trust that they invest said sum at best obtainable sale of interest for safe investment, and pay the interest thereof annually to Philothea McCulloch, wife of my brother, George McCulloch, and so much of the principal thereof as in their judgment is necessary for the comfortable support and maintenance during her natural life, and at her death the principal or so much thereof as may be undisposed of to be by my executors equally divided and paid to Ella J. Conn, Blanche M. Landis, Mary McCulloch, Nannie McCulloch, in the same manner and subject to the same conditions as is provided in the distribution of the balance of devise for use of Margaretta McCulloch, except that Catherine Baldwin is not to receive any part of said balance, I having assigned to her in heir thereof a certain judgment against her husband entered in the Court of Common Pleas of Fulton County to No. 81 of June Term 1886 for One Thousand Dollars with interest from Mar. 18, 1885. I give and bequeath to Jane I. McCulloch, Emma Kepner, Ella McCulloch, daughters of my brother James McCulloch, each Five Hundred Dollars. I give and bequeath to Ella J. Conn, George McCulloch jr., Nannie McCulloch, Thomas McCulloch children of my brother George McCulloch each Five Hundred Dollars. I give and bequeath to Thomas McCulloch, John McCulloch, Joseph McCulloch, Nancy J. McCulloch and Magaretta Maud McCulloch children of my brother Stewart McCulloch each Five hundred Dollars. I give and bequeath to Nell K. McCulloch, daughter of Stewart McCulloch Two Thousand Dollars. I give and bequeath to Samuel McCulloch, son of my brother Samuel McCulloch Two hundred & fifty Dollars. I give and bequeath to Edith McCulloch, widow of Samuel McCulloch Two hundred & Fifty Dollars. I give and bequeath to Rudolph S. Ferrar One hundred Dollars. I give and bequeath to Mary Ferrar One hundred Dollars. I give and bequeath to the Trustees of the Church Extension society of the Methodist Episcopal Church the sum of Three hundred Dollars. I give and bequeath to Woman's Foreign Missionary Society of the Methodist Episcopal Church the sum of Three Hundred Dollars. I give and bequeath to the Trustees of the Orphans' Home, located near the Normal College West Huntingdon, PA., the sum of Two hundred Dollars. I direct that each and every of the above mentioned legacies herein mentioned [except the one to Nell K. McCulloch] shall be subject to credit of money paid by me on account thereof, but shall not be lessened by reason of any collateral inheritance tax, and in the event of my estate not amounting to sufficient to pay all of said legacies in full, each and every of them shall be lessened pro ratio except the one to Nell K. McCulloch. I direct that no one of said legacies shall be in in any way liable to or for any debt contract or liability soever of any legatie. In the event of the death of any niece or nephew before me, I give and bequeath the share to which he or she would be entitled if living, to his or her brothers or sisters then living, and mentioned in my will as a legatie. In the event of any bequest herein made being rendered null and void by law, I give and bequeath the said sum therein mentioned to the persons mentioned in my residuary estate. My nieces and nephews who are not mentioned in this will have been paid sums equal to the ones herein given to their brothers and sisters or are so comfortably fixed financially that I do not deem it necessary to their comfort that they should share in my estate though I hold to each and every of them the same feelings of regard as those mentioned. I give and bequeath to Nell K. McCulloch certain articles of personal property in my house, as set out and described in a list prepared by me and delivered to her in Trust that she deliver to the persons therein mentioned the property as therein described. After the payment of debts legacies and expenses incident to the settlement of my estate, I give devise and bequeath the rest & residue of my estate whenever situate to Mary P. Marshall, Ellen C. McCulloch, Nancy J. McCulloch, Margaretta Maud McCulloch, Ella J. Conn, Blanche M. Landis, Mary McCulloch and Nannie McCulloch, daughters of my brothers Stewart T. and George McCulloch in equal proportions share and share alike. In witness whereof I have hereunto set my hand and seal this 18th day of November A.D. 1889 Signed sealed published and declared Jane McCulloch (seal) as and for the last will and testament of Jane McCulloch by her, in the pre- sence of us, who at her request in her presence, and _ of each other have hereunto set our names as witnesses. James Curns S. B. Chaney County of Huntingdon, so : This Nineteenth day of December, A.D. 1889, before me Jno. S. Bare, Register for the Probate of Wills and granting Letters of Administration in and for the County of Huntingdon, personally came James Curns and S.B. Chaney the subscribing witnesses to the above will, and being duly sworn according to law, did depose and say that they were present and saw and heard Jane McCulloch the testatrix sign, seal, publish, pronounce and declare the foregoing instrument of writing as and for her testament and last will and that at the time of so doing she the said Testatrix was of perfect and sound mind, memory and understanding, to the best of their knowledge, observation and belief. Sworn and subscribed before me James Curns Jno. S. Bare, Register S. B. Chaney Date of Death of Jane McCulloch Huntingdon County, ss: Before me, Register for the Probate of Wills and granting Letters of Administration in and for said county, personally appeared Myr. George G. Orlady who being duly sworn, doth depose and say that Jane McCulloch, late of the Borough of Huntingdon, died on the 17th _ day of December, 1889, at 2 o'clock P.M., to the best of his knowledge and belief. Sworn and subscribed before me, Geo. B. Orlady this 19th day of December A.D., 1889 Jno. S. Bare, Register Letters Testamentary issued on the estate of Jane McCulloch, deceased On this 19th day of December, A.D. 1889, Letters Testamentary in common form were issued to George B. Orlady and Toms. McCulloch on the estate of Jane McCulloch, late of the Borough of Huntingdon, decease. Jno. S. Bare, Register