Wills: Andrew STRAUB (1747/48-1806): Milton, Northumberland Co., PA Transcribed from photocopies of the original will book pages by Diana Gale Matthiesen, 7 Dec 1998. (Spelling and capitalization as per original, except that I have put names in ALL-CAPS, which was not done in the original. For improved readbility, I have broken the text into paragraphs; however, the body of the original will was one continuous paragraph.) I expressly give my permission for anyone to use this transcription in any way they see fit, with the one condition that if you change it in any way, you remove my name from it. (Let's get the data out folks, and stop fussing about who has rights to it. It's public information. Share it! We'll all benefit.) ========================= Will of Andrew STRAUB Will Book 2, pp. 23-26, File #90, Northumberland Co., PA Individuals named in will: Wife: Mary STRAUB. Children (not necessarily named in birth order): Andrew STRAUB, Susanna, Abraham, Joseph, Isaac. Executors: James McKNIGHT; John CHESNUT, who resigned (and is mistakenly referred to as William CHESNUT); William POLLOCK. Witnesses: Daniel SMITH, John McKESSON, Charles BEYERS, William POLLOCK, John GILLASPIE/GILLESPIE. Guardians: Mary STRAUB, Christian WALTER, Adam FULMER. County Registrars: John BOYD, Robert GRAY (Deputy). Incidentals: Samuel BEAR, George BEAVER, Luther BENAGE, James BLACK, Conrad BOB (I'm uncertain whether these are two given names or a given name plus surname), John COOVERT, James CUMMINGS, Peter DUFFY, Thomas DUNCAN, Joseph FISHER, Adam FULMER, Henry FULMER, HASS's Mill, William HOUSEL, Jared INGERSOLL, John McMACHAN, Andrew MOORE, MUNCY Farm, Stophel MUNTZ, Col. James MURRY/MURRAY, James PATTERSON, James RITCHE, David RITTENHOUSE, John SAXON, Samuel SHANNON, Daniel SMITH, Rev. John STEEL, Henry THOMAS, Joseph WEBSTER, William WILLIAMS, Casper YOST. --------------- [p. 23] ANDREW STRAUB's Will June 27th 1806, I ANDREW STRAUB of Turbut Township, Northumberland County and Commonwealth of Pennsylvania, Millwright, being of sound and disposing memory, but from my present state of health believing it to be expedient for me to dispose of such real and personal Estate as I am Siezed and possessed of in Manner following. In the first place, I give and bequeath unto my good and beloved Wife MARY STRAUB for and during her natural life, the following real Estate, the Farm belonging to me in Beaver Township Northumberland County adjoining Lands of CONRAD BOB, ANDREW MOOREs heirs and others containing one hundred and Eleven Acres be the same more or less, with the appurtenances, and I further give and bequeath unto my said Wife during her Natural life one other Tract of Land Situate on the Middle Creek in the County aforesaid near to HASS's Mill Surveyed and returned in the name of the Reverend JOHN STEEL, and now in dispute between JAMES CUMMINGS & myself, Containing two hundred and twenty Acres be the same more or less; And after the Death of my said Wife, I Will and direct that the said two Tracts of Land shall be equally divided between my Children by my said Wife, to have and to hold to them their heirs and assigns as Tenants in Common -- In the Second place, It is my Will & I hereby authorize and empower my Executors hereafter named, to Sell the Farm on which I now live Situate in Turbut Township in the County aforesaid together with the Mills on said Tract of Land erected Waters, Water Courses, and all the Town Lots in the Town of Millton, of which I am now Seized, in such Manner and in such proportions as shall by them be deemed most advantages to my said Children, and I order and direct that the monies arising from said Sale be put to Interest on good Security by my said Executors as soon as the same is received by them, and that the said monies arising from the Sale of the said property shall be equally divided by my said Executors among my said Children or their heirs. The Sum of five hundred pounds to be paid to each of my said Children or their heirs, at the Age of twenty one years or Marriage, and the residue or overplus (if any) to be equally divided amongst my said Children and their heirs as soon as my youngest Child shall arrive at the age of twenty one Years -- In the Third place, It is my Will and I hereby authorize and empower my said Executors to Sell the Tracts of Land of which I am now seized described and Situated as follows, to wit, one Tract Situate on the East or North East side of the West Branch of Susquehanna now in possession of SAMUEL SHANNON Adjoining WILLIAM HOUSEL, DAVID RITTENHOUSE and others containing two hundred acres be the [p. 24] same more or less and being in Chilisquaque Township in the County aforesaid, One other Tract of Land Situate in the Township and County aforesaid as last described, now leased to JOHN SAXON adjoining Land of HENRY FULMER, JAMES RITCHE and others containing two hundred and Sixty five Acres be the same more or less, And one other Tract of Land Situate in Turbut Township in the County aforesaid now occupied by JOSEPH FISHER adjoining Lands of JAMES BLACK, ADAM FULMER, GEORGE BEAVER, and JOHN COOVERT Containing One hundred and fifty five Acres be the same more or less. But with respect to the three last described pieces or parcels of Land It is my Will and desire, that upon the arrival of any of my said Children at the Age of twenty one Years or Marriage should any one of them be desirous to take the said Tracts of Land or either of them at the appraisement of Seven Men to be chosen by my Executors They or either of them are at liberty to do so, the Eldest of my said Children always to have the first choise, and in case either of my said Children should take either of the said three last described Tracts of Land upon the terms aforesaid, the price of said Tract is first to be deducted out of the fund created for such Childs use by the Sale of the Farm I now live on, my Mills and Town Lots, as described in my Second Item to this my last Will, and should the price of any such of the three Tracts of Land lastly before described amount to more than would be the Childs Share who took the same, the land thus taken by such Child is Expressly charged by me for the equal Benefit of all other said Children and them to be paid in such Installments as shall be directed by my Executors. In the fourth place, It is my Will and I hereby order direct and Empower my said Executors that in case SAMUEL BEAR of the State of New York who lately purchased my Tract of Land now Possessed by HENRY THOMAS on Larrys Creek in Lycoming County and State aforesaid should be desirous of being released from his said purchase, then and in that case, to release him from the same and to receive his Deed for said place with the appurtenances to them my said Executors in trust for the use of my said Children, and I also hereby Empower them to Sell and Convey said Tract of Land as well as the adjoining Tract extending down to the West Branch of Susquehanna which I lately purchased as the property of PETER DUFFY deceased, to best advantage for the use of my said Children and to divide the amount of said Sale equally amongst them & their heirs as Tenants in Common. In the fifth place, I claim title to a Tract of Land in White Deer Township Northumberland County now in dispute with JAMES PATTERSON adjoining LUTHER BENAGE & others, should the same be recovered by Law I Empower my said Executors to Sell & Convey the same for the use of my said Children, and to divide the monies arising therefrom equally among my said Children and their heirs -- In the Sixth place, as to my real Estate in Dauphin County Situate on the Waters of Conewago I hereby Empower and direct my said Executors to sell and Convey the same and to divide the money arising therefrom among my said Children and their heirs equally. In the Seventh place, As to my real Estate in on STOPHEL MUNTZs Run Situate about two Miles from Juniatta, I order & Empower my said Executors to Sell and Convey the same for the best advantage for my said Children and to divide the money arising therefrom equally among my said Children & their heirs -- In the Eight place, As to my real Estate on Mahantango Creek Surveyed and returned in the name of WILLIAM WILLIAMS or any other name, I order and Empower my said Executors to Sell and Convey the same for the use of my said Children and their heirs and to divide the same equally among my said Children and their heirs -- In the Ninth place, As to my real Estate in Lycoming County purchased of JOSEPH WEBSTER Situate about four Miles back of MUNCY Farm on Mill Creek Containing three hundred and fifty be the same more or less I order direct & Empower my Executors to Sell and Convey the Same for the use of my said Children & to divide the money arising therefrom equally among them and their heirs -- In the tenth place, As to my Lot in Williams Port Lycoming County, I Empower my Executors to receive a Deed therefor and to Sell the same & make a Deed and divide the money equally among my said Children and their heirs -- In the Eleventh place, As to real Estate Situate near Lake Erie belonging to me which I purchased of JOHN McMACHAN agent for the Holland Company I direct that the Deed be made to my Executors in trust for my Children and I Empower them to sell and convey the same and to divide the money arising therefrom equally amongst my said Children -- In the twelvth place, As to my real Estate Situate at Otswego Falls in the State of New York purchased from SAMUEL BEAR and CASPER YOST I direct that the Deed therefor be made to my Executors in trust for my said Children & I hereby Empower them to Sell and convey the same and to divide the money equally among my Said Children & their heirs -- And I hereby give bequeath and devise to my said Executors and their [p. 25] heirs all the rest & residue of my real Estate whatsoever and wheresoever in trust for the use of my said Children to be sold by them for the purpose aforesaid, and I direct the profits to be equally divided amongst them and their heirs -- I also hereby Empower my said Executors to make and Execute good & sufficient Deeds not only for all such Lands &a (sic) as may be sold by them but for all lands and Estates that I have heretofore agreed to Convey to any person or persons by Writing under my hand, In as full a manner as I could have done the same myself and upon the terms that I am bound to Convey the same --- But before I leave the disposition of my real Estate and not intending to introduce any clause in the least contradictory to the foregoing. I express it as my wish & desire that my son ANDREW STRAUB should elect wither he would take my real Estate at Otswego in the State of New York or at Larrys Creek in Lycoming County In Pennsylvaina, & that he should have such preference to any other of my said Children, but if he takes either, It is to be on the terms stipulated in the third Item of my said Will in the same manner and on the same terms. I wish my Daughter SUSANNA to be accomadated with the place now occupied by SAMUEL SHANNON, & In the same manner and on the same terms I desire and wish my Son JOSEPH should have the place JOHN SAXON lives on. And in the same manner and on the same terms I desire & wish that my son ABRAHAM should have the place JOSEPH FISHER lives on. And in the same manner and on the same terms I desire and wish that my ISAAC should have the place now in dispute between JAMES PATTERSON & myself. And in case any of my said Children should take any part of my before described real Estate, I give devise and bequeath to each and every one of them taking such an Estate, for such Estate of place as they may take, an Estate in fee Simple or to his her or their heirs and assigns forever -- I have a further wish and desire to express to my Children which I hope they will obey as it comes from the mouth [of] a Parent who shortly expects to leave them and this World for a better; It is my desire tht none of my Daughters marry before the age of Eighteen Years and that none of my Sons Marry before the age of twenty one Years; and I earnestly intreat my Executors as well as my said Children to the first as far as they can to prevent Imprudent Marriages with my said Children. And the Second not to make them. And I beg that this my request may always be borne in mind by my representatives -- As to my dear and beloved Wife. She is at liberty to do as She pleases on the Subject of a Second Marriage, but, I enjoin it on her by all the ties of our connection never to forget our Children -- In the thirteenth place, I give and devise unto my dear and beloved Wife three Cows out of my Stock to be chosen by her, a Small Heifer Calf which she is now raising, a Yoke of oxen which I now own, one large Brown Mare which I now own called the Working Mare, one Colt of about a year old, one Waggon, one Plough, one Harrow and a Set of Horse Geers; and I also give and devise to her the Sum of three hundred pounds to enable her to Improve and carry on the farming business on the farms I have devised to her during life -- And I further give and bequeath to my said Wife Sixteen Sheep she to have choise of my flock -- And I further order & direct my said Executors to supply my said Wife with whatever reasonable and proper Sums of Money that may be wanted for the maintenance and Education of such of my Children as may be with her, in such proportions as they may think proper -- Item, direct my said Executors to pay into the hands of such persons as may be appointed by the Inhabitants of Milton the Sum of one hundred Dollars twowards the purchase of a Fire Engine, and the further Sum of fifty Dollar towards the repairs of the Walks in said Town -- And I hereby nominate and appoint my trusty friends JOHN CHESNUT of Milton and JAMES McKNIGHT of Turbut Township Executors of this my last Will and Testament -- ANDW STRAUB (Seal) Signed Sealed & published in the presence of us. D. SMITH, JOHN McKESSON, CHARLES BEYERS -- July, twenty fourth, 1806. To my Will I annex this as a Codicil; I add to the number of my Executors WILLIAM POLLACK of Milton and I direct my Executors to sell the Plantation now occupied by Colonel JAMES MURRY in Turbut Township and after paying of the fees now due to JARED INGERSOLL, THOMAS DUNCAN and DANIEL SMITH from the said JAMES MURRAY to divide the profits equally among my said Children, and their heirs. And I further nominate and appoint my Wife MARY STRAUB, CHRISTIAN WALTER and ADAM FULMER, Guardians over the persons & Estate of my Minor Children, and give them full power to act in that behalf. Witness my hand & Seal this 24th of July 1806. ANDW STRAUB (Seal) Witness present: JOHN McKESSON, JOHN GILLASPIE Northumberland County (squiggle) Be it remembered that on the Eighteenth Day of August 1806, Before me JOHN BOYD Esq. Register for the county afsd personally appeared JOHN McKESSON & CHARLES BEYERS the two Subscribing Witnesses to the foregoing Will, who being duly Sworn [p. 26] according to law, doth depose & say they were personally present & did see ANDREW STRAUB the Testator Sign Seal and declare the foregoing writing to be his last Will and Testament, that at the time of his so publishing the Will he was of sound and disposing mind and memory as Deponants does believe according to the best of their Knowledge, and that the Names DANIEL SMITH, JOHN McKESSON & CHARLES BEYER wrote as Witnesses are of their own proper hand writing, and further saith not JOHN McKESSON, CHARES (sic) BEYER -- Sworn & Subscribed the Day & Year afsd Before me ROBT GRAY Depy Regr. Northumberland County (squiggle) Be it remembered that on the Eighteenth Day of August in the Year of our Lord 1806, Before me JOHN BOYD Esqr Register for the County afsd personally appeared JOHN McKESSON & JOHN GILLESPIE the two Subscribing Witnesses to the foregoing or above Codicil who being duly Sworn according to law, doth depose and say they were personally present & did see ANDREW STRAUB the within and above Testator Sign Seal and declare the above writing to be a Codicil to his within last Will and Testament, that at the time of his so publishing the said Codicil he was of sound & disposing mind and memory and Deponants does believe according to the best of their Knowledge, and that the Names JOHN McKESSON & JOHN GILLESPIE wrote as witnesses are of their own proper hand writing. And further siath not, JOHN McKESSON, JOHN GILLESPIE -- Sworn & Subscribed the Day & Year afsd for JNO. BOYD. ROBT. GRAY Depy Regr. Be it remembered That on the 18th Day of August A.D. 1806. Before me was proved and approved the last Will and Testament of ANDREW STRAUB decd as also the Codicil to the said Will thereunto anexed of which the foregoing is a true Copy of record both of said Will and Codicil, and Letter Testamentary Issue in due and Common form of law unto JAMES McKNIGHT and WILLIAM POLLOCK two of the Executors named in said Will, the other Executor therein Named, to wit, WILLIAM CHESNUT having in Writing renounced his right and trust as an Executor and refused to take upon himself any part of the execution of said Will. Witness my Hand -- ROBT. GRAY depy Regr Milton Augt. 5th 1806. Sir. I would just inform you that as ANDREW STRAUB deceased has appointed me as one of his Executors for his Estate, And it dont ansor me to fill the appointment, I send this assined (sic) Resignation, and wishes you to not insert my Name on record As I am determined not to serve agreeable to the Will of said STRAUB. JOHN CHESNUT --- W. JOHN BOYD