WILL: Henry FREY, 1835, Cocalico Township, Lancaster County, PA Contributed for use in the USGenWeb Archives by Muriel Sonne cgsonne@comcast.net February 23, 2007, 9:01 pm Copyright 2007. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/lancaster/ _______________________________________________ Source: Fhlmf#21361 Written: October 11, 1828 Recorded: February 18, 1835 Lancaster Will Book R, pp 85-88 Henry Frey Deceased In the Name of God, Amen! I Henry Frey, of Cocalico township, Lancaster County, state of Pennsylvania, yeoman, being in a good state of health, sound mind, memory and understanding but being advanced in years, and considering the uncertainty of this transitory life make and publish this my last will and testament in manner and form as followeth, to wit… Principally and first of all I commend my soul in the hands of Allmighty God, who gave it, and my body to the earth to be buried in a decent and Christian like manner, ad the discretion of my executors herein after named. And to such worldly estate wherewith it hath pleased God to bless me in this life, I give and dispose of, in the manner following, to wit… Item, it is my will and I order that all my just debts and funeral charges be paid and discharged, as soon as conveniently may be after my decease, by my executors here in after named out of my personal estate. Item, I give and bequeath unto my son Jonathan Frey, his heirs and assigns, all my plantation and tract of land whereon I now live, situate in Cocalico township, Lancaster county and Commonwealth of Pennsylvania, containing one hundred and fifty acres of land, be the same more of less, ajoining lands of Daniel Liet, Peter Sweigart, and lands formerly Andrew Borgert, and others, and all other with the appurtenances thereunto belonging to him, my Said son Jonathan Frey, to hold unto him, his heirs and assigns forever, subject to the following bequest made by me to my other children and my beloved wife Catharina, which is to say, it is my will, and I order, that my said son Jonathan Frey, shall pay for the above described lands, the sum of one thousand pounds lawfull money of Pennsylvania as followith, to wit, three hundred pounds thereof, one year after my decease, as the first payment; and one year after the first payment by me here described, which is two years after my decease, twenty five pounds, and so continuously yearly and every year twenty five pounds, untill the above described sum of one thousand pounds of money is fully paid, which money shall be paid to and amongst my ten children yearly and every year untill the said sum of one thousand pounds is fully paid, and my said son Jonathan Frey, shall stand in share yearly with the wrest of my children, which is to say, to my son John Frey, one share; and to my said son Jonathan Frey, one share; and to my son Henry Frey, one share; and my son George Frey one share; and to the child or children born of my daughter Magdalena, now deceased, formerly mariat to Abraham Lesher, one share; and to my daughter Maria now mariat to John Frey, one share; and to my daughter Elizabeth, now mariat to William Faust, one share; and to my daughter Barbara, now mariad to Michael Weinhold one share; and to the child which was born of my daughter Margaret, now deceased, formerly married to Daniel Faust, one share; and to my daughter Catharina, now married to Daniel Weitzel, one share, in equal shares, share and share alike, so that none of my children shall have more that the others of the said sum of one thousand pounds of money, and the children who was born of my deceased daughters, shall stand in their mother's shares as above described. Item, and further, I give and bequeath, order and direct, that all my personal estate which shall be left after my decease and after the bequests hereafter by me made and given to my beloved wife Catharina, is taken off, shall be sold on publick ventue by my executors herein after named; and the money arising out of the same after my just debts and funeral charges are fully discharged shall be equally divited to and amongst my ten children or their lawfull legatees above described, share and share alike, so that none of my children shall have more that the other of my personal estate, and the children who were born of my now deceased daughters first above by me described shall also stand in their respective mother's shares. Item and further, I give and bequeath unto my beloved wife Catharina, the widow seat on this my plantation and house whereon and wherein we now live which I have here above bequeathed to my said son Jonathan Frey, during her natural life, it is my will and I order and direct that my beloved wife Catharine shall have the room in the house wherein we at present live, and also the small room behind the kitchen for her own use to occupy during her natural life, and she my said beloved wife shall have a right in the kitchen to boil and do her work in the kitchen as good as she hath it now in my lifetime, and also a right in the cellar, on the garret, in the spring house to do and put up her things without hindrance as much as her circumstances shall require, to make use of each of the same, to pass and repass as free and good as she hath it now in my lifetime; and my said beloved wife Catharina, shall have the little garden at the gable end of this my house, for her own use, and the one third part of the large garden on this my plantation heretofore bequeathed to my son Jonathan Frey, during her natural life. Item, and further I give and bequeath, order, and direct, that my said son Jonathan Frey, his heirs, or assigns, shall continually keep two good milch cows for my said beloved wife Catharina, during her natural life, in good paster in sumer and fead them well during the winter, for the use of my said wife, and give her in due time, yearly and every year during her natural lifetime one fat hog, weighing not less that one hundred and sixty pounds, with guds and lart; and twenty five pounds of fresh & good fat beef; and ten bushels of good and clean wheat; fife bushels of rye; and three bushels of corn; and three bushels of botadoes; aples and cheries, and pears, as much as she shall want for her use, yearly; and two barrels good and fresh made citer; and during every year, the third egg, of all the eggs that my son Jonathan, his heirs and assigns, shall receive of his or their hens, during the natural life of my said wife. Item, and further I give and bequeath to my beloved wife Catharina, and it is my will, that she my said wife shall take from my kitchen furniture of all sorts, as much and which she pleases; two beds and bedstates, which she chooses, one chest, which she chooses, and one kitchen or corner cubart which she shall choos to take; and as much of my flax, linen, as she my said wife shall choos to take. Item, and further, I give and bequeath, and it is my will, that my said wife shall have thirty dollars of money, which shall be paid to her by my executors herein afder named, as soon as conveniently may be after my decease, out of my personal estate. Item, and further, it is my will, that my said son Jonathan Frey, his heirs, or assigns, shall give yearly and every year, to my beloved wife Catharina, during her natural life, ten pounds of good and clean haekled flax, and provide and give my said wife, during sumer and winder, sufficient firewood redy cud and split fine fit for use and hauled before her door. And it is further my will, and I order and direct, that my said son Jonathan Frey, shall haul or take the grain for my said wife to the mill, in which she shall to have it, of the mills not too far off, and bring her meal home again in her room, or where she shall choose to have it in the house. Item and further it is my will, and I order and direct that my said son Jonathan Frey, his heirs or assigns, shall support my said, beloved wife, Catharina, in sickness and health and use her as Christian people ought to do. Item, and further, it is my will and I order and direct that the bequests heretofore made by me to my said beloved wife Catharina, shall be given to her by my said son, Jonathan Frey, his heirs or assigns, during her natural life bysites the one thousand pounds which is hereby by me beqeathed as particularly herteofore subscribed to my ten children, and the land which I have heretofore bequeathed to my said son Jonathan is subject to all the bequests heretofore made until fully discharged. Item, and lastly, I nominate, constitute and appoint my son John Frey and my son in law John Frey, to be the executors of this my last will and testament, Hereby revoking all other and former wills, legacies & bequests heretofore by me made and declaring this and none other to be my last will and testament. In testemony whereof I have hereunto set my hand and seal, this seventh day of March, in the year of our Lord one thousand with hundred and twenty eight. Signed, sealed and declared by the testauthor as his last will and testament in the presents of us, Henrich Frey (seal) Henry (his mark) Kapp, H. Reinhold Item, be it known that I Henry Frey, the testauthor, who hath signed and sealed the within foregoing described will, being yet of sound mind and memory, and understanding, having reconsidered the foregoing described bequests, by me herein before given and made to my beloved wife Catharina, and to my children, and find them perticuler to my mind, yet, and I further give and bequeath in addition to the fore described bequests, by me made, as followeth, to wit… It is my will, and I give and bequeath, order & direct to my beloved with Catharina, that my said son Jonathan Frey, his heirs or assigns, shall plow and manure the gardens yearly, in due season, which are given and bequeathed by me to my beloved wife Catharina, in the fourth clause of this my last will and testament here above described, yearly, and every year, during her natural life, in addition to said bequest. Item, and further it is my will, and I do give and bequeath to my beloved wife Catharina, the sum of seventy dollars, lawfull money of Pennsylvania, to be paid to her by my heretofore mentioned Executors as soon as conveniently may be after my decease, in addition to the thirty dollars here above bequeathed by me to her in the seventh clause in this my last will and testament, which is my will, that my said wife shall have in one sum. Item, and further, it is my will, I order and direct, give and bequeath in case my said son Jonathan Frey, refuses or should not except to take the lands and plantation here above by me to him bequeathed in the second clause of this my last will and testament, in such a case of refusal, I order that my oldest son John Frey, his heirs or assigns, shall stand in place of my son Jonathan Frey, his heirs or assigns, and it is my will, in case of refusal of my said son Jonathan Frey, his heirs or assigns, I give and bequeath the same to my son John Frey, his heirs or assigns, forever, to hould the same unto him, his heirs or assigns forever, subject to all the bequests, payments and restrictions herein before given and bequeathed to my beloved wife Catharina and to my other children. Item, and further, it is my will, order and direct, in case it should happen that my son John Frey, his heirs or assigns, should not except of this my plantation to him bequeathed, by refusal of my son Jonathan, his heirs or assigns, it is my will, and in such a case, I give the said lands unto my son Henry Frey, to hould the same unto him, his heirs or assigns forever, subject to all the bequests, payments and restrictions herein before given and bequeathed to my beloved wife Catharina, and to my other children; in case my said son Henry Frey should not except to take the said lands, neither his heirs or assign, in such a case I order & direct, give and bequeath the said lands unto my son George Frey, to hould unto him, his heirs and assigns forever, subject to all the bequests, payments and restrictions herein before by me to my beloved wife Catharina and to my other children made and given, and in case my son George Frey, his heirs or assigns shall or do not except take the said lands, in such a case of refusal, I order and direct, give and bequeath the said lands unto the child or children born of my daughter Magdalena, dec'd, to hould unto them their heirs or assigns forever, subject to all the payments and bequests and restrictions herein before given and bequeathed to my beloved wife Catharina and to my other children; and in case the guardians of the said children, if they are not above the age of twenty one years themselfs shall refuse and not except to take this my lands unter the Intestate laws, for said child or children, or they or said child or children themselves refuse to take this my lands in such a case I order and direct, give and bequeath this my said lands to the child or children born of my daughter Margaret, deceased, formerly marriad to Daniel Faust, to hould unto them, their heirs or assigns forever, subject to all the bequests here above given and bequeathed by me to my wife Catharina & to my other children, and in case the said child or children, shall refuse or if he or they shall not have arrived at the age of twenty one years, their guardian shall refuse to except and take this my lands under the Intestate laws, in such a case I order and direct, give and bequeath this my lands unto my daughter Maria now married to John Frey, her heirs or assigns forever, subject to all the bequests and restrictions made, and by me given and bequeathed to my wife Catharina, & my other children, in this my last will, And in case my daughter Maria, her heirs or assigns shall refuse and not take this my lands in such a case I order and direct give and bequeath this my lands unto my daughter Barbara, now marriad to Michael Weinhold, her heirs or assigns forever subject to all the bequests and restrictions made and given my me to my wife Catharina, and to my other children; and and in case my daughter Barbara shall refuse, or her heirs or assigns, to take this my lands, in such a case I order and dirrect, give and bequeath this my said lands to my daughter Elizabeth, now married to William Faust, her heirs or assigns forever, And in case my daughter Elizabeth, her heirs or assigns, shall not except and refuse to take this my lands, in such a case I order and dirrect, give and bequeath this my lands unto my daughter Catharina, now marriad to Daniel Weitzell, to hould unto her and her heirs or assigns forever, subject however to all the bequests and restrictions by me heretofore made and given to my wife Catharina, and to my other children, And in case my daughter Elizabeth should except and take this my lands as above to her bequeathed it shall be subject to all the bequests, payments, and restrictions by me made and given unto my wife Catharina, and my other children in this my last will and testament, the same as my other children, here before described, which is to say, that in case my son Jonathan Frey shall refuse take my lands here before by me to him bequeathed; my son John shall have the first chance to stand in place of Jonathan; and if my son John, shall also refuse to take it, everyone of the other children, or their heirs or assigns, as particularly before described, shall have the chance to take it, so far undill one of them, theirs heirs or assigns, shall except to take the same under the subject which is particular directed, and I fully approve of this my last will and testament, and of the executors hertofore mentioned and declare this in addition to the same. As witness my hand and seal this eleventh day of October, in the year of our Lord, one thousand eight hundred and twenty eight. Signed, sealed, and pronounced by the testator as an Addition, sublementary to his last will and testament, in the presence of us, Henry (his mark) Klapp, H. Reinhold Henrich Frey ( seal) Item, be it known, that I Henry Frey, the testauthor within before named,; who have signed the within before described will, being yet of sound mind, memory and understanding, I having reconsidered my pregoing will and herein described bequests, given and made by me to my wife and children and the addition which was by me sublementary addet thereto, and I aprove of all the same yet, and I therefore under further give and bequeath in addition to the other bequests herein before by me given to my wife Catharina, the interest of two hundred dollars yearly, which is to say my heretofore described executors shall take and hould two hundred dollars lawfull money of Pennsylvania, under their hands, during the natural life of my said wife Catharina, and pay yearly, the lawfull interest to her, during her natural life of my wife Catharina; and afder her decease, the said two hundred dollars shall be paid and divided amongst all my children and legal representatives arredy in this foregoing will described by my here before named executors in equal shares. In testimony whereof I declare all this my last will and testament together with the two sublementary additions, atted here, consisting of two sheets of paper, this twelfth day of October, in the year of our Lord, one thousand eight hundred and thirty two, with my hand and seal. Signed, sealed, and pronounced by the testator as An addition suplementary to his last will and Henrich Frey ( seal) Testament in the presents of us. Henrich (his mark) Klapp, H. Reinhold I Henry Frey of the township of Cocalico in the county of Lancaster, aforesaid, do make this codicil, to be taken as part of my last will and testament as followith, that is to say, whereas, I have appointed in the above will John Frey, my son-in-law, to be one of the executors of my last will and testament. Now, I do revoke and make void the said appointment of my son-in- law John Frey and nominate and appoint my son John Frey, of this my last will and testament. In testimony whereof, I have set my hand and seal the twenty ninth day of August in the year of our Lord one thousand eight hundred and thirty four. Signed, sealed, and pronounced by the testauthor, this codicil as part of his last will and testament in the presents of us Henrich (his mark) Klapp, H. Reinhold. Henrich Frey (seal) Lancaster County. On the 18th of February, 1835, Before me the subscriber personally appeared Henry Klapp and Henry Reinhold Esq. The witnesses to the preceeding will and the three codicils annexed thereto, and on their affirmations, do say, that they were present, and did see and hear Henry Frey, the testator therein named, sign, seal, publish, pronounce, and declare the same, as and for his last will and testament and codicils there to, and the several times of the doing thereof, he was of sound and well disposing mind, memory and understanding, to the best of their knowledge, observation and belief. W. Whiteside, Reg'r February 18th 1835. Letters testamentary granted to Michael Weinhold and John Frey, the executors, they being duly affirmed, well and truly to administer the goods and chattels, rights and credits of the deceased, according to law.