Wills: Daniel Roth, 1868: Sugarloaf Twp, Luzerne County, PA Contributed for use in USGenWeb Archives by Darcy Fowler. darcy@roadrunner.com USGENWEB NOTICE: Printing this file by non-commercial individuals and libraries is encouraged, as long as all notices and submitter information is included. Any other use, including copying files to other sites requires permission from the submitters PRIOR to uploading to any other sites. We encourage links to the state and county table of contents. ____________________________________________________________ Will of Daniel Roth Book D, Page 434 In the name of God amen I Daniel Roth of Sugarloaf Township, Luzerne County, Pennsylvania being of sound mind memory and understanding praised by God for the same do make this my last will and testament in manner and form following. First: I direct that after my decease my body be decently interred, and my grave marked by a tomb or monument of the finest marble, of the value of at least five hundred dollars. I also order and direct that after the decease of my beloved wife Lucinda, her body be decently interred and her grave marked by a tomb or monument of like quality, dimensions, pattern, designs and value as that marking my grave. It is my desire that both tombs or monuments be in every particular alike. And of such worldly goods and estate as it hath pleased God to entrust me with, I dispose of as follows and First I direct that all my just debts and funeral expenses be fully paid, as soon after my decease as convenient, out of the first monies that shall come into the hands of my hereinafter named executors from any portion of my estate either personal or real. Second: I order and direct that all my property and effects of whatever nature or kind shall be appraised by two disinterested and competent men and a true inventory thereof made, and that all my real estate and all my household furniture, and all my movable property that I may die possessed of shall be delivered over to my beloved wife Lucinda for her use, occupancy and enjoyment during her natural lifetime or so long as she bears my name, but all notes, bonds or accounts shall retain in the hands of my executors for the benefit of my estate in order to realize therefrom the means of paying debts, expenses incident in settling my estate. Third: Upon the decease of my beloved wife Lucinda or upon her marrying again, all my estate both real and personal, shall be sold at public sale to the best advantage And after all shall be sold and disposed of and all my debts and expenses fully paid, whatever sum or sums shall remain over, shall be equally divided and one half thereof shall be at the disposal of my said wife Lucinda by will or otherwise, and the other half shall be divided between my nine brothers and sisters or their heirs that is to each brother or his heirs and each sister or her heirs, share and share alike, except the share of my brothers Peter and Simon, and their heirs, which shares shall be as ninety to one Hundred and ten. This is the share of Peter or his heirs shall be ten percent less than one full ninth of the whole sum to be divided and this ten percent shall be paid to my brother Simon or his heirs in addition to one full share. But shall my said wife Lucinda desire to relinquish the use, occupancy and enjoyment of the bequest in the manner and form herein made for her benefit, then she shall notify my hereinafter named executors of the same who thereupon shall proceed to sell the same as above directed and after all necessary expenses are paid the sum or sums remaining over shall be equally divided as above directed and the one half thereof shall be paid over to my said wife Lucinda, and the other half thereof shall be divided between my said nine brothers and sisters or their heirs as above directed. And for the purpose of making bills and deeds of conveyance of the real estate ordered to be sold, I do hereby confer on my said hereinafter named executors, my whole power and authority necessary in the premises for the same. And Lastly I do nominate and appoint my friends Aaron Drumheller and Geo. W. Drum executors of this my last will and testament hereby revoking all 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 this twenty eight day of March A.D. 1857 Signed Daniel Roth Signed sealed and declared and published by the above named Daniel Roth as and for his last will and testament in presence of us who at his request and in his presence have hereunto set our hands and subscribed our names as witnesses thereto. Signed Simon S. Charles Signed Saml Benner Luzerne County S.S. Be it remembered that on this day before me John Lynch Esq. Register for the probate of wills and granting Letters of Administration in and for the county aforesaid personally came Simon S. Charles and Sam'l Benner the subscribing witnesses to the above and foregoing last will and testament of Daniel Roth, late of Sugarloaf Township, Luzerne County and state of Pennsylvania deceased, who being duly sworn according to law, do say that they were present and saw and heard Daniel Roth the testator sign, seal, publish pronounced and declare the foregoing instrument of writing as and for his last will and testament, and that at the time of so doing he was of sound mind memory and understanding to the best of their knowledge and belief and that they did sign their names as subscribing witnesses in the presence of each other and in the presence and at the request of the said testator. Signed John Lynch, Register Luzerne County S.S. Be it remembered that in conformity with the above will and probate thereof Letters Testamentary were this day granted unto Aaron Drumheller and Geo. W. Drum they having first been sworn to administer the goods and chattels right and credits which were of said decedents estate according to law. Given under my hand and seal of Office at Wilkes Barre this twenty fifth day of June A.D. 1868. signed John Lynch, Register --- Darcy Fowler darcy@roadrunner.com PO Box 670 Chimayo, NM 87522