WILL: John BENDER, 1809, Leacock Township, Lancaster County, PA Contributed for use in the USGenWeb Archives by Mark S. Painter benderpainter@gmail.com October 1, 2010, 9:44 pm Copyright 2010. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/lancaster/ _______________________________________________ Source: Lancaster Will Book K-1-137 Written: October 17, 1808 Recorded: December 28, 1809 In the name of God, amen, I John Bender of Leacock Township in the County of Lancaster and the State of Pennsylvania, yeoman, being at present of sound mind and memory do make and declare this my Last Will and Testament to wit: First of all I recommend my soul into the hands of Almighty God who gave it and touching my worldly property or estate which it has pleased God to bless me I make over and dispose of in the manner following to wit: Item: I give unto my dearly beloved wife Catherine annually during natural life and widowhood ten bushels of wheat, seven bushels of rye and five bushels Indian corn & three bushels of buckwheat further she is to have out of my stock of cows her own choice of one, which is to be kept on the farm with the cows of my sons, further it is my will that she may take away one of the beds in my house at the time of my decease & further I will that she shall have twenty pounds of mill’d hemp and a [brass] & an iron kettle & six pewter plates & six spoons and spinning wheel with privileges to live in my house in the room next to the horse shoe road in the lower story of the house with privileges in the kitchen and a stove in the rooms, further I give to my son Adam the sum of two hundred dollars, and to my daughter Elizabeth I give two hundred dollars, and to my daughter Catherine I give the sum of eighty pounds money of Pennsylvania, and to my daughter Mary I give the sum of forty pounds and to my son David I give two hundred dollars & to my daughter Susanna two hundred dollars, and to my daughter Sarah two hundred dollars all to be paid out of my estate by my Executor, further it is my will that my real estate consisting of land and buildings shall be possessed jointly between my two sons Isaac and Joseph, to hold the same as they shall think proper except it is my will that which ever of them shall keep possession of the mansion house shall assist the other in building a house on the premises where they think proper and if my decease should be before the eldest of the said boys at the age of twenty one, it is my will that they shall then take possession of the land if they choose, otherwise my Executor shall let the farm for the use and profit of the said Isaac & Joseph until Isaac arrives at the age of twenty one. Further it is my will that when my youngest son Joseph arrives at twenty one years of age that he and his brother Isaac pay unto my son Adam the two hundred dollars as above and one year after that they shall pay to my daughter Elizabeth the two hundred dollars as above and the forty pounds to my daughter Mary in two years afterwards and in three years after the eighty pounds to my daughter Catherine and the two hundred dollars to my son David in four years after and in five years after the two hundred dollars to my daughter Susanna and the two hundred dollars to Sarah in six years after and it is my will that immediately after my decease my personal estate the above bequeaths to wife excepted be sold and funeral expenses and all my just debts paid, and if the amount of the personal property should not be sufficient for the same, I will that so much of my real estate as shall make up the deficiency and after such sale be made the debts be paid if there should be any overplus of money, I will that the same be equally divided amongs all my children. And I do appoint and ordain my trusty friend Adam Miller Junior sole executor of this my Last Will and testament. In witness whereof I have hereunto set my hand and seal this eleventh day of June Anno Domini one thousand eight hundred and five. Signed: John Bender seal Catherine (/) Bender seal Signed & sealed in the presence of John A. Kenney. Codicil to the above: Whereas my son in law Casper Jordan hath lately had a resurvey of his land and taken from my plantation four acres and a half more than what I formerly sold to him and this was in my opinion unjust. Therefore it is my will that he the said Casper after my death shall pay to my sons Isaac & Joseph one hundred and thirty five pounds lawful money of this State in consideration of the four and a half acres of land which I believe in justice belong to me. And further it is my will that the two hundred dollars mentioned above to be paid my son David and the forty pounds which I willed to my daughter Mary shall not be paid by my sons as mentioned above nor by any person for them and that my son and daughter David & Mary shall not inherit any part of my estate after my death. Witness my hand & seal this 17th day of October Anno Domini 1808. Signed: John Bender Signed in the presence of John A. Kenny. Lancaster County ss On the 20th day of December Anno Domini 1809 before me the subscriber personally appeared John A. Kenney the subscribing witness to the annexed instruments in writing who upon his solemn affirmation according to law did declare and say that he was present and saw and heard John Bender the testator therein named sign and declare the said writings as and for his Last Will and testament and that at the doing thereof he was of sound & disposing mind, memory & understanding to the best of his knowledge and belief. Lancaster County ss Be it remembered that on the 28th day of December Anno Domini 1809 personally appeared before me William Bausman Register for the probate of wills and granting Letters Testamentary of Administration in and for the County of Lancaster, John Shaeffer of Earl Township and John Meyer of Leacock Township and being duly affirmed according to law do declare and say that they are well acquainted with the handwriting of John Bender late of Leacock Township, deceased, having frequently seen him write and that the name John Bender subscribed to two instruments in writing hereto annexed purporting to be the Last Will and Testament and Codicil to and part of the Last Will and Testament of the said John Bender deceased & further saith not. Signed: J. Shaeffer seal, John Mayor seal. Affirmed and subscribed the same day and year before me, William Bausman, Register. Be it remembered that on the 28th day of December Anno Domini 1809 the Last Will and Testament of John Bender late of Leacock Township, deceased, were proved in due form of law & Letters Testamentary thereon were granted to Adam Miller Junior, the Executor therein named, he having been duly qualified well and truly to administer the estate of the said dec’d especially to exhibit a true & perfect inventory thereof into the Registers office at Lancaster within one month from this date & to render a true and just account of his Executorship in said estate in one year or when thereto lawfully required. Given under the seal of said office. Adam Miller Esquire, Executor of the Last Will and testament of John Bender late of Leacock Township in the County of Lancaster, yeoman, deceased, having stated and filed in the Registers office at Lancaster his Administration Account on the estate of said deceased, and legal notice thereof being given by said Register, the same is now produced to the court for confirmation, whereby it appears that said account was duly passed by said Register, and that there remains a balance in favor of said Accountant of $1144.66. The court on due examination thereof and advisement had thereon, approved of and confirm the same, and direct that the said balance together with $1.50, the expenses of this court, amounting to $1146.16 be charged against the real estate of the Testator in favor of said Accountant.