Lower Augusta Township: Northumberland County, PA: Wills LAST WILL & TESTAMENT of DANIEL D. HEILMAN, 1904 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. In the Name of God, Amen. I, Daniel D. Heilman of Lower Augusta Township, County of Northumberland and State of Pennsylvania, being of sound, disposing mind, memory and understanding, and being aware of the certainty of death, and the uncertainty of the time thereof, do hereby make, ordain, publish and declare this my last will and testament, hereby revoking and annulling all former wills by me at any time heretofore made and I do hereby direct that my body shall be buried in the cemetery at the Zion Stone Church in Rockefeller Township, County and State aforesaid, and that my funeral shall be conducted according to the rites and ceremonies of the German Reformed Church. And first: I order and direct that all my just debts and funeral expenses shall be paid by me executrix herein after named. Second: Upon payment of the said debts and funeral expenses as aforesaid, by my executrix, I give, devise and bequeath unto my beloved wife Elizabeth Hileman all my personal estate, including notes, bonds, mortgages, book accounts or any other evidences of indebtedness, cash &c (and none of which is to be appraised) to invest, traffic, bargain, sell and reinvest, and with power also to dispose of the same or to convert the same into money at her own option and discretion, without being liable for or accountable to any or either of my said children or their heirs or the legal representatives of such children or heirs for any disposition thereof, she my said wife, Elizabeth Hileman, may in her discretion and the exercise of sound judgment, may see fit to make. I also give, devise, and bequeath unto my said beloved wife the use, improvement and income of my messuage and tract of land situate in Lower Augusta township aforesaid, and upon which we now reside, being composed of two tracts of land, the one purchased from my father Daniel Heilman, and the other being the one which I purchased from James Lytle, but now occupied and used by myself and family as one tract of land or farm, and containing in all about forty eight acres of land more or less, for and during the term of her natural life, without molestation or hindrance from any or either of my children or the heirs of such children or their legal representatives, she my said wife keeping and maintaining the same in reasonable repair and good order, and also to permit my children Margaret Ann Heilman, Clara Elizbeth Heilman, and Daniel F. Heilman to live with her in said house and on said farm so long as my said wife and children can mutually agree and the said children desire to remain at home and form a part of my family. And further, in the event of sickness or other casuality occurring in my said family after my death, and they being in necessitous circumstances I do hereby vest in my said beloved wife Elizabeth Heilman the same power and authority as is now exercised, enjoyed and vested in me, to encumber my said real estate by either judgment or mortgage for the purpose of obtaining a loan of money in order to relieve them in their distress--However, if, in the exercise of her judgment my said wife shall deem it to the best interests of my estate, should the contingency aforesaid arise, to sell a portion of my said real estate (instead of contracting a loan as aforesaid) for the purposes before stated, I do hereby vest in her full and complete power and authority to sell any part of my said real estate or the whole thereof, should it become necessary so to do, either a public or private sale, and upon payment of the purchase money or the payment thereof secured to her, to sign, seal, execute, acknowledge and deliver good and sufficient deed or deeds for the same to the purchaser or purchasers thereof, in as full and complete a manner as I could myself do if living and present, and without any liability on the part of the purchaser or purchasers thereof for the misapplication or non application of the purchase money. After the death of my said wife I give, devise and bequeath to my said children Margaret Ann Heilman, Clara Elizabeth Heilman and Daniel F. Heilman and their heirs whatever personal property of my said estate may remain unconsumed and undisposed of, and whatever real estate may remain, if any, to sell and dispose of in the same manner as though I had died without having made a will providing that if either of my said children should die before the distribution of my estate without issue, but leaving a husband or wife surviving, the share of said child or children thus dying to revert to my surviving child or children and their heirs, but should either one or more of my said children die leaving issue, the issue of such deceased child or children to take the share only to which the parent would have been entitled. If all of my said children should be living at the time of the death of my wife, I direct that they sell the same either at public or private sale and divide the proceeds thereof as indicated above. And I further direct my said children to pay the debts and funeral expenses of my said wife, in equal proportions, out of said funds. And lastly I hereby appoint my beloved wife Elizabeth Hileman executrix of this my last will and testament. In witness whereof I have hereunto set my hand and seal this 5th day of March A.D. 1884. Daniel D. Heilman (SEAL) * * * * * * * * * COUNTY OF NORTHUMBERLAND, ss. I Elizabeth Heilman do swear that as executrix of the foregoing last Will and Testament of Daniel D. Heilman deceased, that I will well and truly administer the goods and chattels, rights and credits of said deceased, agreably to law, and that I will comply with the provisions of the law relating to collateral inheritances. And I do further swear that he died on the 30th day of June A.D. 1904. Elizabeth Heilman Sworn and subscribed before me the day and year aforesaid and letters testamentary granted unto Elizabeth Heilman. F. M. Van Duender, Register