Huntingdon-Blair County PA Archives Wills.....Stewart, "et Al" July 31, 1827 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/pafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: C J Mowry cjmowry@epix.net November 22, 2007, 11:18 am Source: Huntingdon County Will Book 3, Page 270 Written: July 31, 1827 Huntingdon County, Pennsylvania Will Book 3, page 270 I hereby enter a caveat against the probate of a paper purposting to be the will and last testament of Robert Stewart, late of Tyorne Township, Huntingdon county, dec'd. R. Allison, attorney for Edie Stewart, one of the sons and James Morrow, intermarried with one of the daughters of the Robert Stewart, dec'd. 3, February, 1829. Will Book 3, page 280 At a Register's Court held at Huntingdon for the County of Huntingdon on the 15th day of April A.D., 1829 Present the Honorable Thomas Burnside, Esq. President of the Court of Common Pleas and Joseph Admas, Esq. one of the Associate Judges of the same Court and David R. Porter, Register of Wills. Whereas Edie Stewart and James Morrow intermarried with Nancy Stewart by their attorney Robert Allison, Esq. on the 3rd day of February, last enter a caveat in the Register's office of said County against the probate of a paper writing bearing date 31st day of July 1827 purposting to be the last will and testament of Robert Stewart, late of Tyrone Township, dec'd., whereof Thomas Stewart and Robert Stewart were appointed the executors. And the said Thomas Stewart and Robert Stewart and the said Edie Stewart and James Morrow requesting that the proof of the said will or pretended will may be tried by a jury and an issue derected for the trail thereof in the Court of Common Pleas of said County. It is hereby ordered that the said Thomas Stewart and Robert Stewart enter an action upon the case in the said Court, as of August Term now next ensuring in the name of them the said Thomas Stewart and Robert Stewart, children and executors named in a certain paper writing alleged to be the last will and testament of Robert Stewart, late of Tyrone Township, dec'd. against them the said Edie Stewart and James Morrow and Nancy, his wife, late Nancy Stewart, children of the said Robert Stewart, dec'd. and that the said Edie Stewart and James Morrow and Nancy, his wife cause an appearance to be entered for them to the same: And that they same said Thomas Stewart and Robert Stewart shall declare as of the said term upon a discourse had and moved by and between the said parties of and concerning the said instrument of writing and whither the same is the will of the said Robert Stewart, dec'd. And that the said defendants in consideration of a mutual promise to pay to the said plaintiffs the sum of twenty dollars in case the said instrument was the last will and testament of the said Robert Stewart, dec'd. And that the said defendants shall plead to issue that the said instrument of writing is not the last will and testament of the said Robert STewart, dec'd. so that the said issue may be tried by a jury, the said plaintiffs affirming the said instrument to be the last will and testament of the said Robert Stewart, dec'd. and the said defendants denying it - And it is further ordered and agreeed that the circumstances of the said mutual promises and of the affirmations and assertions laid in the declaration shall be consessed so that the trial may be on the merits and the costs shall follow the virdict but the said virdict shall give no title to either party to recover of the others the sum laid in the declaration. - by the Court. And now, 11th August, 1829 the report of the said Court of Common Pleas is made in the words following: (Seal of the Court) I, David R. Porter, Prothonotary of the Court of Common Pleas of the said County of Huntingdon, do Certify that at a Court of Common Pleas held at Huntingdon on the 10th day of August A.D., 1829 on an Issue formed to try the validity of the above and foregoing will wherein Thomas Stewart and Robert Stewart were Plantiffs and Edie Stewart and James Morrow and Nancy, his wife, late Nancy Stewart were Defendants, a jury of the County being called came to wit: Jonathan McCoy; George Robeson; Peter Swoope, Jr.; Lemuel Green; James Clark; Robert Hamilton; William Elder; Matthew Cresswell; Michael Garner; John Beyers; Francis Jackson; and Jacob White, who being duly selected, drawn empannelled, ballotted and Sworn or affirmed and the Plaintiffs evidence gone through the Defendants give judgement -- In testamony whereof I have hereunto set my hand and Seal of the said Court the 11th day of August, 1829, D. R. Porter, Prothonotary Will Book 3, pages 295 and 296 In the name of GOD, Amen. I, Robert Stewart, of Tyrone Township, Huntingdon County, and state of Pennsylvania; being weak in Body, but of sound mind and memory and taking into consideration the uncertainty of life, make and ordain this to be my last will and testament for the disposal of such property as it has pleased Almighty God to bestow on me; in the manner following viz- 1st - I recommend my Soul, into the hand of my Creator, from whom it came. And my Body to the earth to be decently buried at the discretion of my executors - 2nd - I order and allow all my Just debts to be paid by my executors out of the property that may fall into their hand - 3rd - I give and bequeath to my beloved wife, Margaret, the following articles and sums of money to be given and paid to her by my executors at my decease in the following manner viz - Twenty dollars to be paid her at my decease and Twenty dollars yearly thereafter during her natural life - And Twenty bushels of wheat, fifteen bushels of corn, and ten bushels of rye yearly as aforesaid (that is to say) the aforesaid several quantities and proportions of grain to be given my wife as aforesaid at my decease, and yearly thereafter during her natural life - also one hundred and fifty pounds of pork, one hundred and fifty pounds of beef - ten yards of shirting linen, ten pounds of wool, the aforesaid proportions of each of which articles I will and to be given to my wife aforesaid, and the same yearly thereafter during her life - I also give to my wife as aforesaid a (Strawberry rone) mare now three years old, and to have her choise of my present stock of horses (to have one) and my stock of cows (to have two) her choise as aforesaid which horses and cattle aforesaid is to be given my wife at my decease, Also her choise of the Kitchen furniture, a chest of drawers, and clock - I further give to my wife aforesaid the back room on the first floor of my mansion house, and a small room on the second floor on the east side of the house, to be occupated by her during her natural life. I further order my executors to have sufficient firewood hauled and cut at the door for the use of my wife aforesaid, during her life - also to have th aforesaid horses and cows, left my wife kept Winder and Summer free of expence or charge to my wife aforesaid during her natural life. I also give to my wife the residue of the time of Rachel Campbell, an Indented servant. 4th - I give and bequeath to my beloved daughter Ann Russell, five dollars to be paid her at the decease of my wife (if she should so long survive me) otherwise to be paid her at my decease. 5th - I give and bequeath to my beloved son Samuel, one hundred and fifty dollars to be paid in the follwoing manner viz: Fifty dollars to be paid one year after the decease of my wife as aforesaid and fifty dollars yearly thereafter until the aforesaid one hundred and fifty dollars is paid - 6th - I give and bequeath to my beloved son Edie, ten dollars to be paid at the decease of my wife as aforesaid - 7th - I give and bequeath to my beloved son James Edie, twenty dollars to be paid at the decease of my wife as aforesaid - 8th - I give and bequeath to my beloved daughter Nancy Morrow, five dollars to be paid at the decease of my wife as aforesaid - 9th - I give and bequeath to my Grand-son, John Morrow, ten dollars to be paid at the decease of my wife as aforesaid - 10th - I give and bequeath to my Grand-Daughter Nancy Morrow, ten dollars to be paid at the decease of my wife as aforesaid - 11th - I give and bequeath to my beloved daughter Sarah Mitchell, one hundred dollars to be paid within two years after the decease of my wife as aforesaid - 12th - I give and bequeath to my beloved daughter Elizabeth, two hundred dollars and a feather bed and bedding. The money to be paid her three years after the decease of my wife as aforesaid - And the bedding together with a woman's saddle to be given after the decease of my wife as aforesaid - 12th - I give and bequeath to my beloved daughter Mary, two hundred dollars to be paid her four years after the decease of my wife as aforesaid - Also a feather bed and bedding to be given her at the decease of my wife as aforesaid - 13th - I give and bequeath to my Grand-Daughter Rebecca Stewart, one bed and bedding and spinning wheel to be given her at the decease of my wife as aforesaid - 14th - I give and bequeath to my daughter Jane, so much of the ballance of my estate (after the aforesaid legacies are paid) as may be necessary for her support and maintainance to be applyed by my executors - who I hereby bind to have proper care taken of her my said daughter during her natural life - 15th - I give and bequeath to my son Thomas, and to my son Robert, at the decease of my aforesaid wife - and after the aforesaid legacies are paid and the support of my daughter Jane, as aforesaid retained - I then give them my aforesaid sons Thomas and Robert all my estate real and personal to be divided in equal shares between my said sons Thomas and Robert as aforesaid in the following manner viz: My personal property at my death I allow to be appraised and desposed of by my said sons as aforesaid as they may think best. And at the decease of my wife aforesaid I allow my sons Thomas and Robert as aforesaid to make such arrangements and agreements between themselves concerning the real property which I have left them as aforesaid to dispose of it as they think proper - And I do consitute and appoint my aforesaid sons Thomas Stewart and Robert Stewart to be executors of this my last will and testament revoking and making void all former wills by me heretofore made and declaring this consisting of four pages to be my last will and testament - Given under my hand and Seal this thirty first day of July, one thousand eight hundred and twenty-seven. Robert Stewart Signed Sealed and delivered in presence of John Wilson and John McMullen I, David R. Porter, prothonotary of the Court of Common Pleas of the said county of Huntingdon, do certify that at a court of Common Pleas held at Huntingdon on the 10th day of August A.D., 1829 - on an issue formed to try the validity of the above and foregoing will wherein Thomas Stewart and Robert Stewart were Plaintiffs and Edie Stewart and James Morrow and Nancy, his wife, late Nancy Stewart were Defendants. A jury of the County being called came to wit: Jonathan McCoy; George Robeson; Peter Swoope, Jr.; Lemuel Green; James Clark; Robert Hamilton; William Elder; Matthew Cresswell; Michael Garner; John Beyers; Francis Jackson; and Jacob White who being duly selected, drawn, empannelled balloted and sworn or affirmed, and the Plaintiffs evidence gone through, the Defendants give Judgement. In Testamony whereof I have hereunto set my hand and Seal of the said Court the 11th day of August 1829. D. R. Porter, Prothonotary Will Book 3, page 310 Memorandum: Letters Testamentary were this day granted to Thomas Stewart and Robert Stewart, Executors of the last will and testament of Robert Stewart, late of Tyrone Township, dec'd. - Inventory to be exhibited within one month and just and true account, calculation and reconing of their said Administration within one year - Given under Seal of Office the 27th day of February, 1830 D. R. Porter, Register Additional Comments: Robert STewart, Thomas Stewart, Edie Stewart, James Morrow, Nancy Morrow This file has been created by a form at http://www.genrecords.org/pafiles/ File size: 12.4 Kb