WILL: Adam NEES, 1806, Rapho Township, Lancaster County, PA Contributed for use in the USGenWeb Archives by Vicki Hutchison vickihutchison@earthlink.net October 13, 2008, 1:11 pm Copyright 2008. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/lancaster/ _______________________________________________ Source: Lancaster Co., Pa Will Book I, Vol 1, Pages 371-373 Written: March 16, 1803 Recorded: January 3, 1806 Adam Nees deceased } In the name of God amen! I Adam Nies of the township of Rapho in the County of Lancaster and state of Pennsylvania yeoman, being of sound and disposing mind memory and understanding, do make and declare this my last will and testament in manner following to wit, I commend my soul to God and my body to the earth to be decently interred as my executors shall direct in humble hope of florious Resurrection and an happy admission into the Regions of immortal bliss and glory in and through the merits of my Mediator and Redeemer Jesus Christ, and as to such worldly estate where with God hath blessed me, I do give devise and dispose of the same in manner following to wit. Imprimis it is my will and I do order and direct that my just debts and funeral expences be paid and satisfied as soon as conveniently may be done after my decease – Item I do give and bequeath unto my beloved wife Margaret one mich cow allowing her the choice among those of which I shall die possessed and also so much of my hosehold stuff and kitchen furniture as she may choose to take to and for her proper use and benefit and I do further give and bequeath unto my said wife Margaret the sum of four hundred and fifty pounds in gold or silver coin to be paid to her in manner following to wit, two hundred pounds part thereof as soon as convenient may be done after my decease, two hundred pounds other part thereof in two years after my decease, and fifty pounds residue thereof in three years after my decease, to and for her proper use and benefit, and to be at her disposal which said legacies and bequests to my said wife are and are hereby declared to be and shall be deemed and taken for and in lieu and in full satisfaction of and for her dower or thirds at common law and all claims and demands whatsofever of in to and out of my estate – Item I do herebye authorize direct and impower my Executors herein after named or the survivor of them as soon as conveniently may be after my decease or at any time when they shall think proper or most for the advantage of my children or legatees either by public vendue or private sale as to them or him shall seem meet to sell and dispose of all my real estate lands tenements and Hereditaments whatsoever and wheresoever with their and every of their rights member and appurtenances and to sign seal and as their or his all and deed to deliver any lawful and reasonable deeds grants conveyances and assurances whatsoever for conveying and assuring the fee simple and inheritance of all and every or any of my real esate lands tenements and hereditaments hereby directed to be sold with their appurtenances unto and to the use of the purchaser or purchasers thereof, his or their heirs and assigns forever, and the moneis arising from the sales afore said I do order and direct be distributed and divided in the manner herein after directed with respect to the residue or remainder of my estate – Item as to all the rest residue and remainder of my goods chattels monies rights credits effects and personal estate not herein before given or bequeathed, I do give devise and bequeath the same to and amongst my children to with John Nees, George Nees, Adam Nees, Samue Nees, Catharine the wife of Jacob Stover, Hannah the wife of Conrad Meinser, Susanna Nees to be equally divided amongst them Respect being had to the sums and articles which they have severally had and received from me in my lifetime and to the charges which I have entered or made against them respectively for the same – Item it being my intention that the legacies and parts of my estate herein given to my daughter Catharine shall be for her sole and separate use and in no sort Subject to the controul of her present husband Jacob Stover, nor in any manner libable to his debts or contracts, it is therefore my will and I do order and direct that my Executors or the survivor of them do and shall take receive and detain all such sums & sums of money and esate as in and by this my last will and testaments is and are given devised or bequeathed to and for the use of my said daughter Catharine, and that they place the same at interest as her trustees for her separate and sole use and benefit, and pay to her the interest and such parts of the principal from time to time as they shall think here necessaties may require taking here receipts which shall be sufficient discharges for the sums specified in such receipts, and in case my said daughter shall survive the said Jacob Stover, then my will is that my said Executors or the survivor of them do pay and deliver such monies and estate as shall remain in their hands belonging to or dispose of at her will and pleasure, but if she shall happen to die before her said husband Jacob Stover leaving issue then and in that case it is my will and I do order and direct that the same monies and estate then in their hands to be continued at interest and for the use and benefit of such child or children of my said daughter, and if more than one, be equally divided between them and payable to them as they shall severally attain their respective ages of twenty one years, and in case my said daughter should die without issue in the lifetime of her said husband then it is my will that the monies and estate of my said daughter then in the hands of my said Executors or the survivor of them shall be equally divided to and amongst my said other children and their legal Representatives and lastly I do hereby nominate constitute and appoint my said sons John Nees and George Nees and the Survivor of them Executors and Executor of this my last will and testament, and guardians and guardian over such monies and estate as under this will may happen to decend come or belong to child or children of my said daughter Catharine during the minority of such child or children, hereby revoking all former will or wills testament or testaments by me made, and declaring this and no other to be and contain my last will and testament, In witness whereof I have here unto set my hand and seal the sixteenth day of March in the year of our Lord one thoushand eight hundred and three – Adam Nees {Seal} Signed sealed published pronounced and declared by the testator Adam Nees as & for his last will & testament in the presence of us who in his presence & at his request have Subscribed our names as witnesses thereto it being wrote on four pages or sides of paper, John Stomm, Peter Blattenberger. Lancaster County ss. Be it remembered that on the third day of January Anno Domini 1806. Personally appeared before me George Ross Esq Register for in and for said County Peter Blattenberger a Susbscribing witness to the within and foregoing instrument in writing purporting to be the last will and testament of Adam Nees late of the township of Rapho in the County of Lancaster deceased and being duly affirmed according to law, doth declare and say that he was present and did see Adam Nies the testator sign seal publish pronounce and declare the within and foregoing instrument in writing as and for his last will and testament, and at the time of the doing thereof he the said testaor was of sound mind memory and understanding to the best of this affirmants observation and believe and this affirmant doth further declare ad say that the name “Peter Blattenberger” in the german language subscribed to the same is the name and proper hand writing of this affirmant and that the said John Stom the other subscribing witness sign his name thereto the said John Stom having moved from the place of his former abode and cannot at this time be found and that the said John Stom and this affirmant in the presence of and at the request of the said testator subscribed the same as witnesses to the execution thereof and further this affirrmant saidth not. Peter Blattenberger Same day and year Affirmed and subscribed before me G. Ross Register. Be it Remembered that on the 3rd day of January Anno Domini 1806. The Last will and Testament of Adam Nees late of Rapho Township in the County of Lancaster deceased was proved in due form of Law, and Letters Testamentary thereon were granted to John Nees and George Nees the Executors therein named, they having first been duly Quallified well and truly to Administer the Estate of the said deceased, Especially to Exhibit a true and perfect Inventory thereof into the Registers Office at Lancaster within one month from this date, and to render a true and just Account of their Executorship on said Estate in one year or when thereto lawfully required. Given under the seal of said Office. G. Ross Register.