WILL: Moses DICKEY, 1766, Paxtang, Lancaster County, PA Contributed for use in the USGenWeb Archives by Joseph H. Howard jhhoward@comcast.net May 15, 2007, 11:37 am Copyright 2007. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/lancaster/ _______________________________________________ Source: Lancaster County Pa Will Book B, V. 1, P. 485 Written: October 3, 1765 Recorded: June 12, 1766 Moses Dickey (1706-1766) Will Lancaster County PA Written: 3 October 1765 Probate: 12 June 1766 Source: Lancaster County PA Will Book B, v. 1, p. 485 IN THE NAME OF GOD, AMEN, this third Day of October in the Year of our Lord God one thousand Seven Hundred and sixty five I Moses Dickey of Pextang Township in the county of Lancaster and Province of Pennsylvania Millwright being in usual Heath and Sound Mind Memory do make this my Testament and last Will ? And first I commend my Soul to Almighty God when he shall be pleased to require it, and my body to the Earth to be decently buried, at the Discretion of my Executors herein after named, in the Grave Yard adjoyning to Mr. Elders Meeting House in the township aforesaid, as near to the Graves of my Former Wife and Children as may be convenient provided I die so near to that Grave Yard that it may be prudent for my Executors to carry my Body there? and as to such Worldly Estate as it hath pleased God to bestow on me, I do give devise and Dispose thereof as follows Viz. Imprimis I give and devise to my dearly beloved Wife Agnes the sum of one hundred Pounds to have use and enjoy as long as she shall remain my Widow and to dispose of as she shall see fit at the Time of Her Death if she does not marry, but if she shall see fit to marry, then I give and bequeath the said One Hundred Pounds to my Child or Children by my said Wife Agnes, share and share alike, and to the survivors or survivors of them and in case my said Child or Children by my said wife Agnes shall die before they be of age or marry then I give and bequeath the said One Hundred to my Two sons William and John Share and Share alike. Item, I give and bequeath unto my truly beloved Wife Agnes one full third part of what remains of my personal Estate after my Just Debts funerall charges (which I order my Executors first to pay and discharge) and the aforesaid One Hundred Pounds one deducted and also one third part of all the Rents issues and profits of my Real Estate during her Natural Life, and also the use and occupation of one half of my dwelling house, which half she shall chuse, and nesesary fire wood so long as she shall remain my Widow. Item, I give and bequeath to my daughter Katherine, now the wife of John Foster, the Sum of one Hundred Pounds to be paid to her or her Heirs by my Executors out of my Profits arising from my Real Estate in five yearly payments, every year Twenty Pounds, the first payment to be made at the Expiration of one year after my Decease. Item, I give and bequeath to my Daughter Sarah, now the wife of John Canson, the Sum of Five Shillings which shall be in full of her share of my Estate both person and Real, and it is lieu of the share which I intended to have given to her, if she had not disobeyed me in the Case of her Marriage. Item, I give and bequeath to my Daughter Agnes, who is said to be the wife of Robert Dickey the sum of five shillings, which shall be in full of her share of my Estate both personal and real and is in lieu of her share which I intended to have given to her, if she had not disobeyed me, by running away with the said Robert Dickey, in order to be married. Item, I give devise and bequeath to my three Sons William John and Moses all the Residue and Remainder of my Estate both real and Personal to each of equal share, to hold to them and to their Heirs and assigns forever and if either of my said Sons shall die, before he shall be of age, or without lawfull issue to survive him, the share of such son or sons 1 do give devise and bequeath to the Survivors share and share alike or to the Survivor and their or his heirs and assigns forever, and in case my said three sons shall all die under age and without lawfull Issue to survive them, or either of them then and in such case, I do give devise and bequeath the aforesaid Residue and Remainder of my Estate both personal and Real, to the lawfull issue of my three daughters, Kathrine, Sarah and Agnes, to the lawfull Issue of each, one equal third part, to hold to them or their heirs and assigns forever. Item, it is my will and Request that my truly beloved Wife Agnes and my sons may live together, in Love and Peace, on my Real Estate as long as my said Wife shall remain my Widow or during her Natural life; and in case of the marriage or Death of my said Wife, it is my Will and Request, that my sons may live together, in Love and Peace, until my Youngest Son shall be eighteen years of age; and then, that my said sons, or the Survivors of them, divide my real estate, as herein before is directed share and share alike: But in case my said Wife and Sons, or my sons, after the Marriage or Death of my said Wife, cannot conveniently live together on my said Real Estate, or if it shall appear to my truly beloved Wife Agnes, My Sons William & John after my said Son John shall be eighteen years of age or to any two of them, to be most to the advantage or benefit of my Family to sell and dispose of my real estate, then, and in that case, my Will is and 1 do order my Executors herein after named, or a mojority of them or the Survivors or Survivor of them, to sell my said Real Estate and to convey the same, by lawfull deed or deeds, to any Byer which Deed or Deeds my will is, shall be good and Effectual to the Buyers and in case of such sale, I do give and devise to my truly beloved Wife Agnes, the lawfull interest of one third part of the price for which my said real estate shall be sold to be paid to her, Yearly, by my Executors of the Survivors or the Survivor of them, during her Natural life; and the Remainder of the price of my said real estate, my Will is, shall be devided or dessend in the same, Manner, as 1 have herein before devised my said real estate. Item, I do nominate constitute and appoint my truly beloved Wife Agnes my sons William and John, Executors of this my Testament and last Will; and my Will is, that my said Sons John and Moses, shall act as Executors, and receive and inherit their Estate herein by me before devised and bequeathed to them, when they shall, each, attain to the age of eighteen years, and not sooner lastly in Case the child, wherewith 1 believe my truly beloved Wife Agnes is now pregnant, shall be a male, my will is, that he shall be clothed, maintained and educated, out of the rents and profits of my real estate or out of the Interest of the price thereof in Case it be sold, until he shall be fourteen Years of age, he shall have and receive an equal share with his three brothers, or the Survivors or Survivor of them, of all such estate, both personal and real, as I have herein before devised to them the said William John and Moses; and in Case the Child wherewith my truly Beloved Wife Agnes is not pregnant shall be a Female, then, my Will is that she shall be Clothed maintained and educated out of the Rents and Profits of my Real Estate, or out of the Interest of the price thereof, in case it be sold, untill she shall be fourteen years of age, and then to be employed as my Executors or her Guardian shall think best for her. untill she shall be eighteen years of age, the Sum of Fifty Pounds to be paid by my Executors, and fifty pounds more, in one year after, to be in full of her share of my estate both personal and real. In Witness whereof I have hereunto set my hand and affixed my Seal Dated the Day and Year first above written. Moses Dickey Signed and Sealed published and declared by the said Moses Dickey as and for his Testament and last will in presence of us John Collier John Rutherford LANCASTER, COUNTY SS. On the twelfth Day of June Anno domini 1766 Before me the subscriber personally appeared John Collier and John Rutherford the Subscribing Witnesses to the within Will and one their Corporal Oaths did dispose and say that they were present and saw and heard Moses Dickey the Testator within named sign seal publish pronounce and declare the within writings as and for his Last Will and Testament and that at the doing hereof he was of sound and well disposing Mind Memory and understanding to the best of their Knowledge Observation and Belief. Edw. Shippen, D y. R'r. I ? BE IT REMEMBERED that on the twelfth Day of June Anno Domini 1766 the last will and Testament of Moses Dickey late of Paxtang Township in the county of Lancaster Yeoman, Deceased, was proved in due form of law and Letters Testamentary were granted to Agnes Dickey and William Dickey, during the Minority of John Dickey and Moses Dickey the other Executors named, the same Agnes and William being first duly qualified well and truly to administer the Estate of the said Decedant, and to exhibit a true and perfect Inventory thereof into the Registers Ofce at Lancaster on or before the twelfth Day of July next and to render a true and just account of their administration on the said Estate when thereto lawfully required. Given under the seal of the Said Ofce. By me Edw Shippen D y. R'r. Account of Executorship 13 August 1766 (Lancaster County PA Miscellaneous Book 1763-1767, p. 225) Moses Dickey decd Agnes Dickey & William Dickey Executors of the Testament & Last Will of Moses Dickey deceased produced to this Court the Account of their Executorship as to the personal Estate of the said Deceased duly passed before the Deputy, Register, whereby there appears to be a Ballance in the Hands of the said Executors of œ442 10 101/2 which account being examined is allowed & approved of by the Court and the said Executors praying the Court to make Distribution thereof agreeable to the Will the Shares of the Widow & Children of the deceased are settled as follows (after allowing them f1.7 their Expences at this Court, Viz: