WILL: Martin FREY, 1808, Cocalico Township, Lancaster County, PA

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Muriel Sonne cgsonne@comcast.net February 23, 2007, 9:01 pm

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_______________________________________________ 

Source: Fhlmf#21358
Written: December 4, 1802
Recorded: April 20, 1808

Lancaster Will Book   J-1, pp. 59-62
Martin Frey 
Deceased          In the name of God Amen! I Martin Frey of Cocalico 
township, in the county of Lancaster, and State of Pennsylvania finding myself 
in a weak state of body, but yet of sound mind, perfect memory, and of good 
understanding, thanks be to God, having therefore determined within myself to 
make this my last will and testament, in manner following to wit.
First it is my will and I order that all my just debts and funeral charges be 
paid out of my whole estate.
Further is my will and I order that my son Henry Frey shall have all that my 
dwelling plantation, situate lying and being part thereof in the aforesaid 
township of Cocalico and part thereof in the township of Brecknock in the 
aforesaid county of Lancaster together with the woodland thereto belonging in 
the said township of Brecknock, and I give and devise my said dwelling 
plantation and woodland thereto belonging, together with all and singular the 
buildings and improvements unto my son Henry Frey  and to his heirs and 
assigns forever for and in the sum of twelve hundred pounds in gold or silver 
lawful money of Pennsylvania, to be paid in yearly payments of fifty pounds a 
year, whereof the first payment is to be paid in one year after my death. And 
further I do hereby order and impower my executors herein after named, to give 
and execute a good and lawful deed for the aforesaid plantation, woodland and 
premises unto my said son Henry Frey, after my said son Henry Frey hath given 
bonds with sufficient security for the said payments if requested; which deed 
I acknowledge to be as good and as lawful as if done by myself. Further is my 
will and I order that my beloved wife, Elizabeth shall have her widow seat and 
right of dower on my aforesaid plantation during her natural life, or as long 
as remains a widow, during which time she shall have sufficient house, kitchen 
and cellar room, and my said son Henry Frey or the possessor or possessors of 
my aforesaid plantation, shall give unto my said wife Elizabeth, during said 
time yearly and every year, fifteen bushels of clean & merchantable wheat, 
also one bushel of course and one bushel of fine salt, five pounds of tallow, 
two pair of shoes, one hundred pounds of pork and fifty pounds of beef, ten 
pounds of hatched flax, and ten pounds of flax tow, as also sufficient 
firewood as much as she stands in need of, to be delivered to her door, ready 
and small cutt for burning, as also to keep for her two cows, summer and 
winter as her own. Further, is my will , and I order that my said wife 
Elizabeth, shall have out of my estate, ( from the first money,) the sum of 
two hundred pounds in gold or silver, lawful money of Pennsylvania, as also 
two cows, her bed & bedstead, one chest and all the linen and her clothes, and 
as much house and kitchen furniture, as she shall think proper for her use, 
which above and aforementioned legacies, privileges, bequeathments, shall be 
in full of my said wife’s share, of my whole estate, to do therewith what she 
pleaseth, but if it shall happen that she marries again, then shall all the 
above and aforementioned articles and privileges cease and shall be no more 
given, and she shall then immediately leave and depart from my aforesaid 
plantation ( except the said two hundred pounds, and her bed & bedstead, her 
chest, linen & cloths, and other small articles of house and kitchen 
furniture, she shall have only to therewith what she pleaseth.) 
Further is my will and I order, that all my small plantation or tract of land, 
situate in the aforesaid township of Brecknock adjoining to land of Abraham 
Lesher, George Redle and others containing about forty three acres, more of 
less shall be sold by public sale by my executors, as they shall think proper, 
and to give a good & lawful deed for the same to the purchaser, which deed I 
acknowledge to be as lawful as if done by myself.
Further is my will and I order that my grandchildren of my daughter Mary 
Ferntzler, shall have the sum of one hundred pounds out of my estate, of the 
first money in the stead and place of the sum or value of one hundred pounds, 
which each of my other children hath received of me, to advance them in the 
world, which sum or value of one hundred pounds, my said daughter Mary hath 
not received.
Further is my will and I order that after the above mentioned legacies and 
bequeathments are deducted of my estate, that then my remaining estate, that 
is to say all my money & moneys, bonds, bills, notes, and accounts, and all 
the money & moneys arising from my estate of whatever name, nature or 
denominations the same may be, shall be equally inherited by such of my 
children or their legal representatives, as hereinafter named (except as 
hereinafter excepted) in manner as hereinafter followeth, share and share 
alike, to wit, my children, namely Martin Fry, Peter Fry, Jacob Fry, Henry 
Fry, John Fry, Susanna, the wife of Conrad Holtzinger, Margaret late the wife 
of Christian Frankhouser, deceased, Eve, the wife of Ludwig Roth, Elizabeth 
the wife of George Rodle, Catharine, the wife of Adam Hoh, and Regina, the 
wife of Michael Kegerise, shall each have their respective share, and the 
share which would come to my aforesaid daughter Mary Ferntzler shall come and 
be equally inherited by my grandchildren of my said daughter, Mary Ferntzler; 
and the share which would come to my daughter Dorothea, the same shall be made 
in four equal shares whereof her son George Heft, shall have one share, her 
son Jacob Heft, one share, and her daughter Dorothea Heft, one share, and one 
share shall come to the children of her daughter Susanna, dec’d late the wife 
of Michael  Young, in equal shares, my will and order is that my daughter 
Catharine, the wife of Jacob Breitenstine, shall be excepted, and shall only 
have what she hath received of me, that is , the value of one hundred pounds, 
which said value of one hundred pounds, by her received, shall be in full what 
she has to receive of my whole estate, and she and her husband and her 
children, shall be hereby forever excluded to receive any thing more of my 
estate.
Finally, I nominate and appoint as executors my son Martin Fry and my friend 
Adam Grill; and I give them full power to execute this my last will and 
testament, according to law. And I hereby make null and void all former wills 
and testaments, and acknowledge and declare this present writing as and for my 
last will & testament, and have signed and sealed the same, with my own hand & 
seal, the fourth day of December in the year of our Lord, one thousand eight 
hundred and two.               his
Martin     M.     Frey     (seal)
           Mark
Signed, sealed, published, and declared by the said 
Martin Frey, as and for his last will & testament, in
the presence of us, who have at his request, signed their 
names thereto as witness, in the presence of each other.
   John Bear     Peter Becker
Lancaster County ss Be it remembered that on the 22nd day of March 1806 Before 
me the Subscriber personally appeared Peter Bricker, a subscribing witness to 
the hereto annexed last will and testament, of Martin Frey, late of the 
township of Cocalico, in the county of Lancaster & state of Pennsylvania, 
deceased, and being duly sworn, according to law, did depose and say,  the 
name “Peter Bricker” subscribed to the said last will and testament of the 
said Martin Frey, deceased, is the name & proper handwriting of the said Peter 
Bricker, and that he subscribed the same in the presence and at the request of 
the said Martin Frey, deceased, as a witness to the execution thereof; and the 
said Peter Bricker, doth, further depose and say, that he saw the testator, 
the said Martin Fry, deceased, sign, seal, publish and pronounce, and declare 
the same hereunto annexed last will and testament, as & for his last will and 
testament of him the said Martin Fry deceased and at the time of doing 
thereof, he the said testator was of sound mind, memory and understanding, to 
the best of this deponents observation and belief and the said Peter Bricker 
doth further depose and say that he seen John Bear a subscribing witness to 
the said hereunto annexed last will & testament of the said Martin Fry, 
deceased, subscribe the same in the presence of & at the request of the said 
testator, as a witness to the execution thereof and which John Bear, sometime 
after such subscribing removed from the place of his residence, and at this 
time is not returned nor is it known where the said John Bear now resides, so 
that he cannot be procured at this time to appear before the Register of Wills 
in and for the said county of Lancaster to establish the will according to the 
usual mode. And further this deponent saith not.
Sworn & subscribed before me, the say and year               Peter Bricker 
(seal)
first above written.                     G. Ross. Register
Be it remembered That on the 20th day of April Anno Domini 1808. The last will 
and testament of Martin  Frey late of Cocalico township in the county of 
Lancaster, deceased, was proved in due form of law and letters testamentary 
thereon were granted to Martin Frey and Adam Grill, the executors therein 
named they having first been duly qualified, well & truly to administer the 
estate of the said deceased, especially to exhibit a true and perfect 
inventory thereof into the Register’s Office at Lancaster within one month 
from the date & to render a true and ;just account of their executorship on 
the said estate in one year or when thereto lawfully required. Given under the 
seal of said Office. 
                          G. Ross, Reg’r