Wills: Kinzer D. Bender, 1890: Upper Leacock Twp, Lancaster County, PA Contributed for use in USGenWeb Archives by Cheryl Grove clginvb@hone.com 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. _________________________________________________________________ Last Will & Testament of Kinzer D. Bender In the name of God, Amen I Kinzer D. Bender of Upper Leacock Township, Lancaster County, Pennsylvania, do make and publish this my last will and testament as follows, to writ: I give my wife, Leah Bender, two thousand dollars, absolutely. I also give said wife the interest of two thousand dollars to remain charged on the farm of fifty eight acres, more or less, situate in Earl township in said Lancaster County, which I purchased of the Graybills and hereinafter devised to my daughter, Emma and her son Theodore W., and also the interest on a like sum of two thousand dollars to remain charged on the farm of forty nine acres, more or less, situate in said Earl Township and herein after devised to my executors in trust for my son George respectively, during the life or widowhood of my said wife, the interest thereof at five percent per annum to be annually and regularly paid to her, on the first day of April in each year, during said period, and after her death or remarriage, said two principal sums to be paid to all my children, their heirs and legal representatives. I also give and bequeath unto my said wife the income of fifty-three (53) shares of stock of the Lancaster County National Bank, during her life or widowhood, and after her death or remarriage, my executors shall sell the same and distribute the proceeds thereof equally among my children, their heirs and legal representatives. I also give and devise to my said wife my two story frame dwelling house, stable and lot to piece of ground situate in Upper Leacock Township aforesaid, containing one and three quarter acres, more or less. To hold the same during life or as long as she remains my widow, unmarried and after her death or remarriage, my executors or the Survivors of them shall sell the same, either at public sale or by private contract and the proceeds thereof, I give and bequeath to my children, their heirs and legal representatives. The foregoing bequest and legacies to my said wife, together with the provisions I made for her in the deed of conveyance to my son, Kinzer Bender, Junior dated April 3, 1880, of the farm on which he now resides, I give to her as a proper and suitable provision for her maintenance and support during her life or widowhood. I give and bequeath to my son George, towards paying for the farm, hereinafter, devised to my executors for his use as hereinafter mentioned the sum of six thousand dollars ($6000.). I give and bequeath to my daughter Emma, four thousand dollars and to her son Theodore W. Bare, two thousand dollars, making together also the sum of six thousand dollars ($6000.). I give the further sum of two thousand dollars out of my estate to my said grandson, Theodore W. Bare. These legacies to my daughter Emma and to my grandson Theodore W. Bare, I order and direct to be settled and applied as payments towards the farm of fifty-eight acres, more or less, hereinafter, devised to them, as is hereinafter mentioned and provided. I give and bequeath to my son, Kinzer Bender, junior, the sum of Six thousand dollars ($6000.). I give and bequeath to my daughter Annie, the sum of Six thousand dollars ($6000.). Having here to fore given or advanced to each of my children of my first wife to wit, Franklin, John, William K. and Mary the sum of four thousand dollars, and in addition to that each of them having received from their maternal grandfather the sum of two thousand dollars, making together the sum of Six thousand dollars ($6000.) they are by me considered as equalized with my other children above names to wit, Emma, George, Kinzer and Annie, to each of whom I have bequeath above the like sum of Six thousand. The legacy to Theodore W. Bare, I consider equivalent to a legacy to his mother. I give and devise, subject to the above bequest to my wife, all that farm tract of land situate in Earl township, Lancaster County, aforesaid, containing fifty-eight acres, more or less, which I purchased of the Graybills, unto my daughter Emma and to her son Theodore W. Bare, their heirs and assigns, as tenants in common, equal interest at and for the sum of ten thousand dollars ($10,000.) to be paid as follows to wit: Two thousand dollars thereof to remain charged for the use of my wife during her life or widowhood, as herein before mentioned and after her death or remarriage to be distributed among all my children and their legal representatives; two thousand dollars more there of shall be considered as paid by the legacy of that amount to my grandson, Theodore W. Bare, as herein before mentioned; four thousand dollars more thereof shall be considered as paid by the legacy of that amount to my said daughter Emma and two thousand dollars more thereof shall be considered as paid by the other legacy of that amount to my said grandson Theodore W. Bare. I give and devise, subject to the bequest in favor of my widow, as aforesaid, all that farm or tract of land, situate in Earl township aforesaid, containing forty-nine acres, more or less, to my executors in trust for the use of my son George and his family during the period of the natural life of my said son George, at and for the sum of nine thousand dollars ($9000.). The above legacy to my said son George as well as his share beyond that out of my whole estate, or as much thereof as it may require of his proper share to be applied towards paying this valuation money. It is my will that my executors shall manage and supervise this farm, rent it to George to farm, either for the shares or for a money rent. My executors in their discretion to do the best they can see that taxes are paid, necessary repairs are made, the interest to my wife regularly paid during her life or widowhood, and pay off the balance of valuation money, if any remains due. On the death of my wife, or her remarriage, in case my executors should not have sufficient funds in hand to pay the two thousand dollars then falling due, my children or their legal representatives, shall not have the right to demand more than two hundred dollars per year, till whole is paid. After the death of my said George, the said farm devised to his use for life, shall go and pass to his children and their heirs and assigns subject to the rights of the wife of my said son George according to the intestate laws of Pennsylvania. I give and devise my tract of woodland, situate in Upper Leacock township aforesaid containing twenty-two acres, more or less, to my son Kinzer Bender, junior, at one hundred and fifty dollars per acres, to be paid to my executors and distributed with the rest of my estate. In case he declines to accept, my executors shall sell it either at public sale or by private contract and distribute the proceeds with the rest of my estate. I order and direct my executors to sell my wood or mountain land situate in Salisbury township in said Lancaster County, containing ten acres more or less, either at public sale or by private contract, and the proceeds thereof to be distributed with the rest of my estate. I hereby authorize and empower my executors or the survivor of them to sign, seal, execute and deliver all such deeds of conveyance or other instruments of writing as may be requisite and necessary for the granting and assuring all the real estate in this my will ordered to be sold unto the purchasers thereof, their heirs and assigns, in fee simple. It is my will, that any and all advancements, I have made or here after may make, to any of my children, or their legal representatives and changed or may charge in my family book shall be taken into account in the settlement of my estate; provided also that the two thousand dollars which each of my children of my first wife received from their maternal grandfather shall also be charged against each of them as an advancement, as I have herein before mentioned. It is my will that all my children or their legal representatives shall be fully equalized out of my whole estate, taking into account what my first wife's children received from their grandfather as aforesaid, and all advancements as aforesaid. Under bequest in this my will to my children, their heirs or legal representatives, the children and issue of any of my children now dead or that hereafter may die, shall take their deceased parents share per stirpes. But the share coming to my son George, if more than the valuation money of the real estate devised to his use shall not be paid to him but my executor shall hold the same in trust, to pay the charge of two thousand dollars on the farm devised to his use at death or remarriage of my widow, and further, for the maintenance and support of himself and family, during his life, and after his death it shall go to his heirs and legal representatives. And it is my will that in case my grandson, Theodore W. Bare should die in his minority without leaving lawful issue that then the two thousand dollars herein before bequeathed to him out of my estate towards paying for the farm devised to him and his mother shall be paid out of said farm by the owner thereof unto all my children, their heirs and legal representatives But incase my said son George should refuse to rent the farm from my executors, or should otherwise improperly conduct himself, I give my executors, discretionary power to remove him from said farm and rent it to some other person and the rent and income thereof to be applied towards paying the balance of valuation money (if any be due) and to the support of my said son George and his family. And I appoint my two sons William K Bender and Kinzer Bender, Junior the executors of this my will, I limit their commissions to the sum of two hundred and fifty dollars each, so that my legatees shall not justly complain of their charges. I desire them to retain my friend, J. B. Good, Esq. as their counsel in the settlement of my estate. In witness whereof I have hereunto set my hand and seal the fourth day of June, Anno Domini, Eighteen hundred and eighty (1880). K. D. Bender Signed, sealed, published and declared by Kinzer D. Bender, the above named testator as and for his last will and testament in presence of us who at his request and in his presence and in presence of each other have subscribed our names as witnesses thereto. Joseph H. Selvert, J. B. Lichty Codicil of Kinzer D Bender In 1884 I, Kinzer D. Bender of Upper Leacock Township, Lancaster County, Pennsylvania do hereby add this Codicil to my will dated June 4, 1880 to wit: I give and bequeath to my daughter Emma the sum of two thousand dollars. It is my advice that if she loans out this money to her husband or any one else to properly secure it for her son, my grandson, Theodore W. Bare who is to have the same after her death. I hereby revoke the devise of the undivided half interest in to and out of the fifty-eight acres, more or less, to my daughter Emma and I hereby give and bequeath the said tract of fifty-eight acres, more or less, which I bought of the Graybills unto my gr andson Theodore W. Bare, his heirs and assigns in severalty, to be paid and accounted for as in my will as mentioned. But it is my will that my said grandson Theodore W. Bare shall not sell or dispose of said premise or real estate before he is thirty one years of age. I revoke the devise of my woodland in Upper Leacock township, Lancaster County to my son Kinzer Bender, junior and direct my executors to sell the same in four acre lots cut of or divided from the road to the clear land, to best advantage and distribute the proceeds after paying expenses among all my children or issue any that may be dead leaving issue such issue taking the parents share. It is my intention that the woodland shall be divided into lots as aforesaid and that the clear land shall be sold in one or more pieces as they deem best. Having lately built a new barn on the fifty-eight acres, more or less, hereby devised to my grandson Theodore W. Bare. I think it just to increase its valuation and direct my said grandson Theodore W. Bare shall pay the sum of one thousand dollars to my executors for the use of my estate, in addition to what is mentioned in my will to be paid for it. In witness were of I have hereunto set my hand and seal the twenty third day of January, Anno Domini, One thousand eight hundred and eighty four (1884). K. D. Bender Signed, sealed, published and declared by Kinzer D Bender as and for a codicil to be added to his will in presence of us who in his presence and at his request and in presence of each other have subscribed our names as witnesses to the same. George A Marshall, Joseph H Selvert Codicil of Kinzer D Bender of 1887 I, Kinzer D. Bender, of Upper Leacock Township, Lancaster County, Pennsylvania, do hereby make this additional codicil to my will dated June 4, A. D. , 1880 and to the codicil thereto dated January 23, A. D. 1884. I hereby revoke the devise of a farm in Earl township containing forty-nine acres more or less to my son George and his family and children and permit to stand the legacy to him of Six thousand dollars, and the farm devised to him in my will I direct my executors or the survivor of them to sell at public or private sale, subject to a charge of two thousand dollars, the interest thereof at 5 percent to be paid to my wife during life or until remarriage and at her death or remarriage the principal sum to be paid to my children share and share alike and the proceeds of said sale are to be distributed as part of my estate. I hereby revoke that provision of my will which places my son George's share of my estate in trust and direct that it be paid to him to be enjoyed by him as my other sons enjoy their respective shares. The devise in my former codicil to my Grandson Theodore W. Bare of forty eight acres shall be subject to a change of Two Thousand Dollars in favor of my wife as directed in my will and shall also be subject to a charge of four thousand dollars, to be paid to my executors within one year from my death, the remaining portion of the valuation of ten thousand dollars to be paid with the two legacies of two thousand dollars each to my said grandson and anything in my will or former codicil in conflict here with is hereby revoked. I hereby reduce the bequest of Six thousand dollars to my daughter, Emma to three thousand dollars and in addition thereto I devise to her the house and lot in New Holland, which I purchased from Amos Diller and which I value at three thousand dollars. The four thousand dollars which I bequeathed to my daughter Emma, I direct to remain in the hands of my Executors or the Survivor of them, in trust to be by them invested in good real estate securities, the interest thereof to be annually paid to her during her life, and at her death the principal sum to be distributed as herein after directed. The one sixth of residuary Estate, after the special devises and legacies are paid, and also my daughter Emma's share in the principal sums charged for the use of my wife, I give and bequeath to my executor or the survivor of them, in trust to be invested by them in good real estate security and the interest thereof to be paid to my said daughter Emma during her life and at her death to be distributed as hereafter directed. Provided however, that in case the husband of my said daughter shall die without making adequate provision for her maintenance, my executor shall pay from time to time out of the principal sum in their hands belonging to her share a sufficient amount for her comfortable maintenance while she lives. At the death of my said daughter Emma, I direct my Executors to pay out the money in their hands belonging to her share, to my grandson Theodore W. Bare, one thousand dollars, and the balance they shall divide equally among all the children of my said daug hter including her son Theodore. Provided that if any one of said children should die in his minority unmarried or leaving neither child, wife or husband surviving him, his share shall in such case go to the remaining children of my said daughter in equal shares. Signed and sealed November 1st, 1887 K D. Bender Signed, sealed, published and declared by the above named testator as and for his last will and testament in presence of us who at his request have subscribed our names as witnesses thereto. Marriott Brosiuo H. B. Swarr Lancaster County SS On the 4th day of October 1890 before the subscriber, personally appeared Joseph H. Selvert, J. B. Lichly, George A Marshall, Marriott Brosiuo, H. B. Swarr the subscribing witnesses to the preceding Will and codicils and on their solemn affirmations did declare and say, that they were present and saw and heard Kinzer D. Bender, the testator therein named, sign, seal, publish, pronounce and declare the same to be his last will and testament, and that at the time of the doing thereof he was of sound and well disposing mind, memory and understanding to the best of their knowledge, observation and belief. J. Carpenter, Dep. Reg. October 4, 1890, Letters Testament are granted to W. K. Bender, Kinzer Bender, Jr, the Executors named in the annexed Will, he being duly affirmed well and truly to administer the goods and chattels right and credits which were of the testator according to law, and also that he will diligently and faithfully regard, and will and truly comply with the provisions of the law, relating to Collateral Inheritance. J. Carpenter, Dep. Reg.