WILL: George SWEIGART, 1806, Earl Township, Lancaster County, PA Contributed for use in the USGenWeb Archives by Muriel Sonne cgsonne@yahoo.com March 22, 2008, 8:03 pm Copyright 2008. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/lancaster/ _______________________________________________ Source: Fhl Mf#21358 Written: November 9, 1805 Recorded: April 23, 1806 Will Book J-1, p. 288 George Sweigart deceased. In the name of God Amen! I George Sweigart, of Earl township, Lancaster County, and State of Pennsylvania, yeoman, being old and weak in body, but of sound mind and memory, blessed be God therefore, do make and publish this my last will and testament, in manner and form following, to wit, Principally and first of all, I commend my soul into the Hands of the Almighty God who gave it, and my body to the earth to be buried in a decent and Christian manner at the discretion of my executors hereinafter named. As touching such worldly estate wherewith it hath pleaseth God to bless me in this life, I give and dispose of the same in the following manner and form, to wit.. Item, it is my will and I do hereby order, that all my just debts and funeral charges shall be paid by my executors hereinafter named as soon as conveniently may be after my death. Further, I give and bequeath unto my beloved wife Elizabeth, the free right and privilege of living in the house wherein I now dwell, with the garden and oven, yard, and as much of the springhouse as my she shall want during her natural life. And also it is my will, that my said wife Elizabeth, shall have the free right and use of a certain dwelling house, garden, and yard near the hill, on the plantation herein after devised unto my son Samuel, during her natural life, with sufficient firewood, to be allowed to said house by my son Samuel. And farther, It is my will and I do hereby order and direct, that the owner or possessor of the plantation hereafter devised to my son Samuel, shall find and provide unto my said wife yearly and every year, during her natural life with the following articles. viz, keep one cow in fodder and pasture, summer and winter, as a milch cow ought to be kept; as long as she my said wife choses to milk; and if she should decline to milk, then and in that case she must be found in as much butter and milk as she stands in need of; and give her yearly fifteen bushels of wheat, nine bushels of rye, six bushels of corn, a living fat hog weighing one hundred and fifty pounds, two barrels of good, and one barrel of water, cider; and as many apples and potatoes as she shall want for her use; fifteen pounds of heckled hemp, and fifteen founds of heckled flax, as much firewood as she shall want for her use ready made and brought to her door fit for use; a horse to ride during the term aforesaid. I further give and bequeath unto my said beloved wife Elizabeth, one cow, her choice, and as much of all the household and kitchen furniture as she choses to keep; and one third of all my outstanding debts, bonds, notes and book accounts ( after my just debts and funeral expenses, are first paid and satisfied.) And further, I do give and bequeath unto my said wife, the annual interest of a principal sum of five hundred pounds at the rate of four per cent, during her natural life, to be paid unto here as herein after mentioned; and my said wife shall have no further right to my estate real or personal. Item, I do give and devise unto my son Jacob Sweigart, his heirs and assigns, one undivided equal third part or share of, in, to, and of one hundred sixty five acres of land, (more or less,) situate in Cumberland county, about four miles from Harrisburgh, adjoining [H or K]essler’s land and others, which I hold in partnership, ( as tenants in common) with Daniel Hahn and Michael Bitzer, with appurtenances, to hold the same unto my said son Jacob Sweigart, his heirs and assigns forever, in fee. Further I give and bequeath unto my said son Jacob, his heirs and assigns, the sum of one hundred pounds, lawful money of Pennsylvania, to be paid as herein after mentioned which, with what I have advanced him in my lifetime, to the amount of two hundred and seventy one pounds, money aforesaid, shall be in full his portion in my estate. My son George Sweigart, I have advanced in money aforesaid to the amount of two hundred pounds; further I was bail for him in sundry obligations to the amount of two hundred pounds principal, of which I had to pay one hundred pounds principal and seventeen pounds interest; the other one hundred pounds with the interest of I, or my estate must pay, will altogether amount to his full share and part in my estate, and therefore I do hereby exclude him from and further inheritance; finally thinking him fully advanced by me, provided always, if he should pay off the one hundred pounds which remain unpaid, and for which I am bail, with its interest, in that case it is my will that he shall receive a sum to amount with what I have paid for him and advanced for him as aforesaid , to four hundred pounds, money aforesaid, which shall be in full for his portion in my estate. My son Daniel Sweigart, I have advanced with the amount of five hundred and fifty pounds, lawful money, in my lifetime, by advance made to him, paid debts of his, I therefore exclude him from any further inheritance in my estate, thinking him more than sufficiently advanced to all the rest of my children. My son John Sweigart, I have advanced with his full share in my estate, in the land which he got otherwise intended for my son Daniel, therefore I exclude him from any further inheritance of my estate, thinking him considerably more advanced, than any of the rest of my children. Item, I give and devise unto my son Samuel Sweigart, his heirs and assigns, all that certain plantation or tract of land, whereon I now live, situate in Earl township aforesaid, containing about one hundred and forty acres, (more or less,) to hold to him his heirs and assigns forever, subject to the payment of two thousand pounds lawful money of Pennsylvania, to and for the use of my estate, in manner following, that is to say, five hundred pounds thereof, shall remain charged on the premises for and during the natural life of my beloved wife Elizabeth, during which term my said son Samuel shall pay the annual interest of said principal sum of five hundred pounds, at the rate of four per cent, unto said my beloved wife, which interest shall commence imadiately after my decease; the remainder of said two thousand pounds shall be paid in payments as follows to wit, three hundred pounds shall be paid one year after my decease, and then yearly one hundred-until the whole is paid. And the said sum of five hundred which remains charged as aforesaid, shall be paid by my son Samuel, his heirs and assigns in yearly payments of one hundred pounds, one year after my wife’s decease it is to begin. But if my said wife should die before he has paid all the other payments above mentioned, that then and in such case, he shall begin one year after the first mentioned payments are all paid, so as he has not to pay twise in one year. And also subject to all and singular the articles, privileges, and allowances here in before ordered to issue out of the said premises for the use of my said beloved wife Elizabeth, during her natural life, as herein before mentioned; my son Samuel’s portion in my estate is by me considered fully included in the said premises, over and above the incumbrances charged thereon as aforesaid, therefore I do hereby exclude him from any further claim or share in my estate. Item, the one half of all the winter grain, and one third of all the summer grain out on the field or in the barn or stacks on the plantation herein before devised unto my son Samuel, at my death, I order to be considered as part of my estate and be included as such. Item, I do give and bequeath unto my daughter Susanna, who is intermarried with Andrew Bitzer, her heirs and assigns forever, the sum of three hundred pounds money aforesaid, to be paid unto her as herein after is directed; which together with one hundred pounds, money aforesaid by me advanced her in my lifetime, shall be in full of her portion in my estate. Item, I do give and bequeath unto my son George Sweigart the sum of one hundred pounds lawful money, that is to say, if he do keep my estate harmless, as above mentioned, but if my estate is obliged to pay the same, I exclude him from any further inheritance of my estate. Item, I do give and bequeath unto my granddaughter Elizabeth Keller, being a daughter of my deceased daughter Catharina, who was intermarried with John Keller, the sum of two hundred & fifty pounds, lawful money, to be paid as hereafter herein directed which sum or legacy is by me deemed in full of my said deceased daughter Catharina’s share in my estate. And I do hereby order and direct that if my said grand daughter Elizabeth, should die in her minority and without lawful issue, then and in that case, I order the sum or legacy left her in this my last will and testament, shall be equally divided to and amongst all my children or their legal representatives, share and share alike, excepting my son Daniel, and his heirs shall have no part or share of the same. Item, I give and bequeath unto my daughter Elizabeth, intermarried with Henry Kemper, and unto my daughter Salome who is intermarried with Daniel Royer, their heirs and assigns forever, share and share alike, that is to say one equal moiety or half part or share thereof, all the rest, residue and remainder of my estate whatsoever, not herein before mentioned devised, or bequeathed, they having been advanced by me in my life time with one hundred pounds lawful money each. Item, I order and direct that my son Jacob Sweigart, and my daughters Elizabeth and Salome, shall receive the first payment of three hundred pounds, that is to say, one hundred pounds each; the second payment shall be made unto my daughter Susanna; the third payment shall be paid unto my son George Sweigart, that is to say, the sum of one hundred pounds, (if he keeps my estate harmless, as aforesaid, but not otherwise,)the fourth payment shall be retained by my executors on account of my grand daughter Elizabeth Keller’s legacy, And from and after the fourth payment is made and applied as aforesaid, then it is my will , that from thence on, the monies of my estate shall be paid as it comes due to my legatees in manner following viz, allow to my daughter Salome the fifth payment, to my daughter Elizabeth, the sixth; the seventh to my daughter Susanna; eight on account of my grand daughter Elizabeth Keller’s legacy, and so on alternately, and in rotation as aforesaid, until the said payments hall be paid unto my legatees, always beginning with my daughter Salome, until my daughter Susanna and grand daughter’s legacies are paid, and until the whole of my estate is distributed to and amongst the legatees in this my last will named. My grand daughter’s, Elizabeth Keller’s, legacy, I order to be placed at interest by my hereinafter named executors for her use until she gets lawful issue, or arrives to her respective age of twenty one years, they to be paid unto her, principal and interest. Item, I order and impower my hereafter named executors, or the survivor of them, to execute a good and sufficient deed for the same unto my son Samuel, that is to say, for the plantation herein before devised unto him, at any time when he secures the valuation money charged upon the same premises to the full satisfaction of the several legatees’ interest in the same, which deed shall be deemed as sufficient in law as if executed by me in my lifetime, to all interests and purposes, always reserving my wife’s rights and privileges out of the same as herein ordered and directed. Item, I order and direct that if my son Samuel, should not be willing to take the said above devised plantation, according to his father’s valuation, then and in such case my hereafter named executors shall sell the same by public sale, and shall have full power to give a good deed for the same to the purchases or purchasers and the money arising thereout shall be paid to the legatees herein before mentioned, according to the directions before mentioned. And lastly, I do hereby nominate constitute, and appoint my son-in-law Henry Kemper, and my trusty friend Christian Meyer, both of Earl township aforesaid, to be executors of this my last will and testament. Hereby revoking all other wills, legacies, and bequests by me heretofore made, and declaring this and no other to be my last will and testament. In witness whereof, I have hereunto set my hand and seal , the ninth day of November, in the year of our Lord one thousand eight hundred and five. George his X mark Sweigart. Signed, sealed, published, pronounced and declared by the said George Swigart, as his last will and testament in the presence of us, who saw him subscribe the same, at his request subscribed our names as witnesses. John Freyle, David Kemper, Jr. Lancaster County, On the 23rd day of April anno domini 1806 Before me the Subscriber personally appeared John Freyle and David Kemper Jr., the two subscribing witnesses to the within will who upon their solemn affirmations, according to law, did severally declare and say, that they were present & saw & heard George Sweigart, the testator therein named, sign, seal, publish, pronounce, and declare the within instrument in writing, as & for his last will & testament, & that at the doing thereof, he was of sound & well disposing mind, memory & understanding, according to the best of their knowledge and observation & belief. G. Ross Reg’r Be it remembered that on the 23rd day of April anno domini 1806 The last will & testament of George Sweigart, late of Earl township, in the county of Lancaster, deceased, was proved in due form of law & letters testamentary thereon were granted to Henry Kemper and Christian Meyer, the executors therein named, they having first been duly qualified will & truly to administer the estate of the said deceased; especially to exhibit a true & perfect inventory thereof into the Register’s Office at Lancaster, within one month, and to render a true & just account of their executorship on said estate in one year from this date, or when thereto lawfully required. Given under the seal of said office. G. Ross Reg’r This file has been created by a form at http://www.genrecords.org/pafiles/ File size: 14.7 Kb