WILL: Michael NESS, 1760, Cocalico Township, Lancaster County, PA Contributed for use in the USGenWeb Archives by Vicki Hutchison vickihutchison@earthlink.net December 14, 2009, 2:19 pm Copyright 2009. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/lancaster/ _______________________________________________ Source: Lancaster Co., Pa Will Book Y, Vol 2, P. 496-9 Written: December 5, 1760 Copy of the last Will and Testament of Michael Nass lately deceased in Cocolico truly translated from the German Original In the Name of God, Amen! Whereas I hereunto Subscribed Michael Ness of Cocolico TownShip Lancaster County and province of Pennsylvania being at present very sick & weak in body and Subjected unto Death like all other men, and to prevent all differences and quarrels that might otherways happen after my decease [having Sent for my good Friends & Neighbours] Declare before them & Set down in writing (being as yet in Sound Senses & good understanding) the following as my Last Will & Testament & it is my earnest desire, that this my last Will and Testament Shall be executed without any Contradiction praying a laudable Orphans Court to defend and maintain the Same to the best of their power and jurisdiction That is to Say principally & first of all, I give and recommend my poor Soul unto God & the holy Trinity who gave it, and my body which I carried about in this world I recommend to the Earth whence it is taken the Mother of us all. 2) I do assign and bequeath unto my Son Adam Ness as my lawful Heir & Executor the Plantation whereon I now live together with that Small Tract of Land near Hildebrands and Even Nath, for the Consideration Value of Five Hundred Pounds Current lawful Money of Pensylvania on the following Conditions; That as long my Son Adam is under Age he and my beloved Wife Elizabeth his Mother shall till & plant that Tract of Land together & Share the benefit thereof between them until he is of Age, and if when he is arrived at his age he does not incline to marry, They shall continue in the Same manner as before mentioned until the Time of his marriage. 3) I adScribe and ordain unto my beloved Wife Elizabeth for the Maintenance of her during Life, That my Son Adam Shall Stand hereby bound & obliged from the Time he gets the Plantation in his own possession to deliver yearly unto his Mother my beloved Wife of the said Plantation Twenty bushels of Wheat, Six bushels of Rye, Two bushels of barley if there be any raised on & place, the Benefit of a whole Row of bearing Fruit Trees in the Orchard lengthways, One quarter of an Acre of land with Flax, one pair of new Shoes & to be kept in repair One hundred pound of porc or a Hog alive which she liketh best, Fifty Pound of Beef, one bushel of Salt, item an half hundred rough Hamp, two cows beforehand, and also he Shall keep & feed for her benefit with his own Cattle one cow one Mare or riding horse during her life item the little house and Cellar Shall be her Sea & dwelling place during her life with the Use of a piece or part of the Garden, and likewise he shall provide her with Sufficient Firewood & candle burnings. 4) It is my Will and Opinion, That as Soon my Son Adam ness gets the Plantation in his own power and possession he shall then pay unto his sisters the first payment with Sixty Pound and afterwards yearly the Sum of Fourty Pound in proportion from the eldest to the youngest until the whole Sum of Five Hundred Pound is fully paid of which said Sum he is to deduct one Childs part for his own hereditary portion and Shall not have two shares on Account of his primogeniture because the Plantation is assigned unto him for a small Consideration Price. 5) My Improvement and Plantation at Muddy Creeck Shall be Sold after my Death and the Money equally divided among the Sistres in proportion to their age beginning at the eldest and ending at the youngest according to the Several payments thereof. 6) I [which I not hope] my Wife Elizabeth would or Shoald marry again after my departure, then it is my Strial? Will, Opinion and Testament, that She Shall loose her widow Sear and all her Rights and Maintenance on and from the Plantation Shall be totally annulled, and Shall only have a Right to claim the third part of the moveables and no more & the Money of which third part She Shall lend unto those Children having occasion for it, they paying unto her the interest due thereon for the better supporting the maintenance of her livelihood in case she remains in her Condition as an honest widow. 7) It is my earnest Will and Testament that in Case my Son Adam Ness as my lawful Heir and Executor Should hereafter turn out a bad housekeeper and on account of Debts be compelled to Sell all his goods and properties to pay his debts therewith, he Shall have no liberty power or right to Sell that Plantation or Land I now live on to any Stranger, but that any one of my Children then living Shall have the only Priviledge to buy and redeem the Same, Desiring a laudable Court to defend this Article. Now these above mentioned are the Articles, which I have [being of Sound in my Senses and understanding] declared before my loving Friends and Neighbours ordering the Same to be Set down as my own proper Will and it is my Last Will and Testament that all and Singular and everyone in particular the above mentioned Articles Shall be executed Strictly, firmly and invoiolably. In Testimony whereof I have hereunto Subscribed with my own hand, Sealed it with my Seal, and when confirmed with my Death to be and remain in its Full Force and Virtue. Done the 5th Day of December One Thousand Seven hundred and Sixty. A700. Sealed and Signed } Before us as Witnesses } John Weydlman Michael Ness {Seal} Jacob Shnrierer Adam Oberlin Truly translated from the original German John Caspar Stoever 8) My Son Shall have beforehand four Horses, the big Waggon, and the little Plantation Waggon, four Chains, the hand Skrew to the Waggon the Gears with the traises thereon together with the bridels and Sadle. It wis my Will that he Shall have it So and Time. A hath been forgotten it is annexed hereunto testifying it with my own hand as abovementioned Michael Ness {seal} John Weidman Jacob Shnuerer Adam Oberlin This file has been created by a form at http://www.genrecords.org/pafiles/ File size: 6.7 Kb