WILL: John BENDER, 1838, Manor Township, Lancaster County, PA Contributed for use in the USGenWeb Archives by Mark S. Painter benderpainter@gmail.com October 1, 2010, 8:11 pm Copyright 2010. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/lancaster/ _______________________________________________ Source: Lancaster County Will Book R-1-66 Written: June 16, 1837 Recorded: April 5, 1838 1838 Estate of John Bender of Manor Township In the name of God, Amen, I John Bender of Manor Township in the County of Lancaster and State of Pennsylvania, Senior, am and advanced in years and weak in body, but of sound and disposing mind, memory and understanding, God be thanked for the same and as it is appointed for all men to die, I make and publish this my Last Will and Testament in manner and form following to wit; First and principally I recommend my soul to God who gave it and my body to be interred in the earth in a Christian like manner at the discretion of my herein after named Executors. Item: It is my will and I do order that all my just debts and funeral expenses shall be paid out of my estate as soon as maybe after my decease. Item: I give and bequeath unto my son Michael Bender and to his heirs and assigns forever all my certain plantation now occupied by my said son Michael, situated in Manor Township, Lancaster County aforesaid adjoining land of John Bausman, John Lintner, miller, and others containing ninety eight acres, be the same more or less. And I do value the same at fifty five dollars per acre, at which said valuation my said son Michael shall have the same. Item: I give and devise unto my son John Bender all my certain plantation now occupied by my said son John, situated in Warwick Township, County aforesaid, containing ninety three acres and ninety five perches be the same more or less with the appurtenances at and for the valuation at the sum of sixteen hundred dollars. Item: It is my will and I do order that all my property real and personal not herein before bequeathed shall be sold at public vendue by my herein after named executors as soon as conveniently may be after my decease. Item: It is my will and I do order that all my estate real and personal shall be divided into three equal shares, one equal share I give and bequeath unto my son Michael, one equal share I give and bequeath unto my son John, and the other equal share I dispose of in the following manner viz; Four hundred dollars shall remained charged on the lands herein before bequeathed unto my son Michael Bender, and he my said son Michael shall pay the yearly interest thereof unto my son Jacob Bender at the rate of five percent per annum during the natural lifetime of my said son Jacob and after his death the said four hundred dollars shall be paid to Samuel Bender son of my said son Jacob, and the remaining of the last remaining share in the hands of my executors and they shall pay the sum of twenty dollars yearly unto my said son Jacob and to his hears and assigns until the whole is paid, but it is my will and I order that my said son Jacob shall receive the said interest and twenty dollars himself and give receipts for the same in his own name during his lifetime. Item: I do order that my said son Michael shall pay the sum of three hundred dollars annually he retaining his share out of the valuation money aforesaid. Item: It is my will that all charges made in my books against one of my said sons shall be included in their respective shares out of my estate. And lastly I nominate and appoint my two sons Michael Bender and John Bender to be the executors of this my Last Will and Testament, and I do hereby authorize them to give lawful deeds one to the other for the lands herein before bequeathed unto them, and it shall be recited in Michael’s deed that he or his heirs and assigns shall keep the grave yard on said premises under good fence at all times, hereby revoking and making null and void all former wills by me made, declaring this and no other my Last Will and Testament. In witness whereof I have hereunto set my hand and seal this sixteenth day of July in the year of our Lord One thousand eight hundred and thirty seven. Johan Bender seal Signed, sealed, pronounced and declared by the said Testator this to be his Last Will and Testament in the presence of us who at his request have hereunto set our hands as witnesses thereunto: Henry Brenneman, John Lintner, miller, John Slussler. Lancaster County ss On the 5th day of April 1838 before me the subscriber personally appeared Henry Brenneman & John Lintner two of the subscribing witnesses to the preceding will on their solemn affirmations say that they wer4e present and saw and heard John Bender the testator therein named, sign, seal, publish, pronounce and declare the same to be his Last Will and Testament, and at the doing thereof he was of sound and well disposing mind, memory and understanding to the best of their knowledge, observation and belief. H. Mehaffey, Register. March 5th 1838 Letters testamentary granted to Michael Bender & John Bender the Executors, they being affirmed well & truly to administer the goods and chattels, rights and credits of the deceased according to law, and also that they will diligently and regard and well and truly comply with the provisions of the law relating to collateral inheritances. Michael Bender & John Bender Executors of John Bender late of Manor Township, Lancaster County, dec’d, having stated and files in the Registers Office at Lancaster, the Executors account on the estate of the said deceased, and legal notice whereof being given by the said Register, a copy of the same is now produced to the court for confirmation whereby it appears that that said account was duly passed by the said Register and that there remains in the hands of the said accountants a balance of $1548.89 cents. The court, on due examination thereof, and advisement had thereon, approve of and confirm the same, and direct that balance be paid and distributed agreeably to the will of the testator.