LAST WILL & TESTAMENT of WILLIAM FAGELY, 1874 SHAMOKIN BOROUGH, NORTHUMBERLAND COUNTY, PA File contributed for use in USGenWeb Archives by John Paul Deeben. jdeeben@aol.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. I, William Fagely, of the Borough of Shamokin, Northumberland County, Pennsylvania, coal merchant, being of sound mind and disposing memory, do make and ordain this my last will and testament, in manner and form following, that is to say: Item: I will and direct that my funeral expenses and just debts be paid and discharged, as soon after my decease as reasonably may be. Item: All the rest, residue and remainder of my estate, real, personal and mixed whatsoever and wheresoever situate, and whether held by me in severalty, or as truant in common, or co-partner with others, or in any other manner, and whether now in my possession, or hereafter to come into my possession, or to be by me at any time hereafter required, I do devise, give and bequeath unto Samuel J. Packer, of the Borough of Sunbury, Pennsylvania, and unto George M. Martz, of the Borough of Shamokin, Pennsylvania, and to the survivor of them, and the heirs of the survivor of them, forever. IN TRUST NEVERTHELESS, That they the said Samuel J. Packer and George M. Martz or the survivor of them and the heirs of the survivor as aforesaid, shall and will, from time to time, and as the same may be recieved, pay the full equal half part or moiety of the net rents, revenues and income therof, unto my brother Reuben Fagely, for his own and separate use, during the full term of his natural life, wholly freed from and without being subject or liable to or for any debts, contracts or engagements of the said Reuben Fagely, and that from and immediately after the decease of the said Reuben Fagely, that they the said trustees, or the survivor of them, shall and will, if my sister Elizabeth Martz, my sister Hannah Fagely, and my niece Catharine Martz, or either of them, should survive my said brother Reuben Fagley, pay the said full equal half part of the net rents, revenues and income of my estate as aforesaid to the said Elizabeth, Hannah and Catharine, and the survivor of them, for and during the term or terms of their natural lives and the life of the survivor of them. And also, in the further trust and confidence, that they the said Samuel J. Packer and George M. Martz, and the survivor of them, or the heirs of such survivor, shall and will from time to time and as the same may be received, pay the remaining one half part or moiety of the net rents, incomes and revenue of my said estate (after deducting all proper and reasonable costs and expenses of this trust) unto my said sister Elizabeth Martz, my sister Hannah Fagely and my niece Catharine Martz and to the survivors or survivor of them, for and during the term of their natural lives and of the life of the survivor of them. And also in the further trust, that from and immediately after the death of my brother Reuben, and of my sisters Elizabeth and Hannah and my niece Catharine Martz, and of the survivor of them, they the said Samuel J. Packer and George M. Martz, or the survivor of them, or the heirs of the survivor, intrust as aforesaid, shall and will convey, sell and dispose of all of my said estate remaining in the hands of my said trustees or either of them, for the best price or prices that can be secured for the same, and the proceeds of the said sales and all and singular every part and parcel of my said estate as aforesaid, not otherwise herein disposed of, to divide and distribute, to such person and persons as would be entitled to the same if I had departed this life intestate, and in such parts, shares and proportions as such person or persons would, in such case, be entitled to by the intestate laws of the Commonwealth of Pennsylvania. Provided, however, and I do hereby direct the said trustees and the survivor of them, at any time during the lifetime of my said brother Reuben, or my sisters Elizabeth and Hannah or my niece Catharine Martz, or during the lifetime of either of them, to sell and dispose, at public or private sale, of the whole or any part of my said estate, to such person or persons, for such price or prices and upon such terms and conditions as they the said Reuben, Elizabeth, Hannah and Catharine or the survivors or survivor of them, may in writing direct, limit and appoint, if the said Reuben, Elizabeth, Hannah and Catharine, or the survivors or survivor of them shall think proper to direct such sale or sales, which without such direction shall not be made, and to grant and convey the same to the purchaser or purchasers thereof, his her or their heirs and assigns, forever, free and discharged from all trusts whatsoever, and from all liability to see to the application, or for the non-application of the purchase money. And the moneys arising form such sale or sales, to be invested in some safe securities, at interest, and to be held for the same uses and purposes and upon the same trusts above set forth with respect to my said estate and the profits and income thereof. Lastly, I do hereby nominate and appoint my brother Reuben Fagely and my friend John B. Packer, of Sunbury, to be my executors of this my last will and testament. In witness whereof I, William Fagely, the testator, have to this my last will, written on one sheet of paper and in the handwriting of one of my excecutors John B. Packer, of Sunbury (except as to his name as one of my executors which I have inserted in my own handwriting in the sixth line above this) set my hand and seal this ninth day of December A.D. Eighteen hundred and sixty five. Signed, sealed, published and } declared by the above named } William Fagely as and for his } William Fagely (seal) last will and testament, in } the presense of us, who have } hereunto subscribed our names } at his request as witnesses } thereof, in the presense of the } said testator and of each other. } J.K. Davis Jr. John Haas * * * * * * * To Lemuel Shipman, Esq. Register of Wills, in and for the County of Northumberland, Sir: I do hereby renounce and release my right to act as one of the executors of the last will and testament of William Fagely, late of the Borough of Shamokin, Northumberland Co. Penna., dec'd, dated December 9, 1865. Witness my hand and seal this decond day of March A.D. Eighteen hundred and seventy four. Witness } J. B. Packer (seal) John Haas } * * * * * * * To Geo. D. Bucher Esq. Register of Wills of Northumberland County, I the undersigned Sister of William Fagely deceased and sister of Reuben Fagely late executor of William Fagely, do hereby renounce my right to act as administratrix, cum testamento annexo of my deceased brother's estate and request you appoint Curtis Q. McWilliams administrator, cum testamento annexo of said estate. Witness } her John Dunkelberger } Hannah x Fagely mark Shamokin, March 2, 1880 * * * * * * * I Curtis Q. McWilliams, do swear that as Administrator de bonis non cum testamento annexo of the estate of William Fagely deceased, I will well and truly administer the goods, rights and credits of said deceased according to law; and also, will diligently and faithfully regard and well and truly comply with the provisions of the law relating to collateral inheritances. So help me God. March 2, 1880 Curtis Q. McWilliams * * * * * * * NORTHUMBERLAND COUNTY, SS: Be it remembered that on the Second day of March A.D. 1880, personally appeared before me George D. Bucher, Register, &c., in and for said county, Curtis Q. McWilliams Administrator de bonis non cum testamento annexo, who being duly sworn according to law did declare and say that the personal estate of William Fagely deceased that will come into my hands will not exceed five hundred dollars, and that William Fagely died on the Seventeenth day of February 1874, and that Reuben Fagely, Executor of William Fagely deceased, died on the 21st day of February A.D. 1880. Sworn and subscribed before me,} Geo. D. Bucher } Curtis Q. McWilliams Register }