Wills: Frederick KLETT, 1859. Philadelphia, PA Contributed for use in USGenWeb Archives by Mary Jorens, jorens@conninc.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. ____________________________________________________________ The Will of Frederick Klett transcribed from an original copy in the North Carolina State Archives, Raleigh, N.C. I, Frederick Klett of the City and County of Philadelphia and State of Pennsylvania, Gentleman being of sound and disposing mind memory and understanding do make and publish this my last will and Testament hereby revoking and making void all other and former wills by me at any time heretofore made. Imprimis - I direct all my just debts and funeral expenses to be full paid and satisfied by my Executors hereinafter named as soon as conveniently may be after my decease Item. After the payment of my said debts I give devise and bequeath all the rest residue and remainder of my Estate real and personal and mixed whatsoever and wheresoever of which I shall die seized or possessed of to my son Frederick Klett Junior, Henry C. Gibson my son-in-law, Josias W. Dallam and Franklin C. Jones to and for their only proper use benefit and behoof In Trust nevertheless for the uses and upon the trusts and conditions and upon the personal intents and purposes hereinafter expressed concerning the same in the following items. 2. Item. I direct and empower my said Trustees and their successors to invest and to keep invested the capital of all said rest residue and remainder of my estate in good and lawful securities in trust as aforesaid and I further authorize and request all my Trustees to dispose of any investments of my said trust estate whether made by me or them which may at anytime be considered by them unsafe and when by so doing it would be to the advantage of my estate, with power in my said Trustees herein before named and their successors to sell and dispose of such portions of my said Real Estate as all of my Trustees shall think proper either by public or private sale for the best price or prices that can be obtained for the same, and by proper deed, conveyances and assurances in the law to be duly executed acknowledged and perfected by my Trustees, to grant convey and assure the same to the purchaser or purchasers thereof in fee simple or otherwise free and discharged from all trusts and uses mentioned in this will and without any liability or responsibility in or on the purchaser or purchasers thereof for the application non-application or mis-application of the purchase money, Provided however nevertheless that my Trustees shall not sell any of my Real Estate on Sodus Bay or Ontario Bay in Oswego County and State of New York until the Lake Ontario Auburn and New York railroad is finished to Ontario City and Auburn and until the other parties interested in the same are selling theirs nor shall they sell that portion of the same lying in Ontario City unless they sell the same in lots, nor shall my Trustees sell any of my interest in the Coal Lands situate in Luzerne County Wyoming Valley until the expiration of twenty years after my death and not then if a net income of one Thousand dollars per year is by my Trustees from the rents, incomes or profits of my said Coal Lands but this restriction shall not prevent my Trustees from working or from assisting in sinking a shaft or shafts with the other parties interested in the same, provided moreover that the above particular restrictions or conditions of sale of my real estate shall not in any manner interfere with a division by my Trustees of my estate amongst my legatees and devisees in carrying out the other clauses of this Will. 3. Item. I authorize and direct my said Trustees or their successors to collect the Rents issues and profits incomes and dividends of all the property and estate held by them in trust under this will on the days and times the respective payments thereof shall fall due and to equally divide the same share and share alike half yearly among my five children namely Frederick Klett Junior, Cornelia Klett, Catherine Bickley, wife of Daniel Bickley, Mary B. Gibson wife of Henry C. Gibson and Emma M. Baker wife of Charles Baker, which times of division shall be computed from the day of my decease, to have hold and enjoy the same for the full end and term of their respective lives for their sole and separate use. And I further will and direct that my son Frederick Klett Junior's share shall be wholly free from any liability for any of his present or future debts contracts obligations or liabilities to or with any of his present or future creditors and from all and every process of law or equity for the recovery or satisfaction thereof and I further will and direct that each of my daughters shares shall be wholly free from any liability for any debts contracts control or disposition of any husband, my said daughters may now have or hereafter may have and the respective receipts of my said daughters given in their own names for all payments to them by my said Trustees shall be sufficient vouchers for such payment. 4. Item. In case either of my said five children should die without leaving a child or children or a grandchild or children then I direct my said Trustees to divide half yearly his or her share of the income of said Trust Estate equally among my said children who shall survive him or her for the term of their respective lives but should any or either of my said children die with issue surviving them such issue shall be entitled to and take the share of such deceased parents of the rents issues and profits and incomes aforesaid until the division hereafter shall be made. 5. Item. From and immediately after the death of each of my said five children leaving a lineal descendent I direct all my Trustees to make an estimation and valuation of all the Estate and Property held in trust by them at the time of the respective deaths of such my said five children and to divide the same into as many equal parts as there are children surviving and such deceased child and then set apart one of such equal parts or shares for the use and enjoyment of the lineal descendents of such deceased child in manner hereinafter mentioned, said estimation valuation and division by my Trustees shall be final and binding on all legatees and devisees taking under and by virtue of this will. 6. Item. When either of my four children namely Frederick Klett Junior, Cornelia Klett, Mary B. Gibson and Emma M. Baker, shall die leaving a lineal descendent I authorize and direct my Trustees after the making of the said estimation and division to transfer and convey the share or part of such deceased child to the lineal descendent or descendents of such deceased child absolutely and in fee and in case of any of my grandchildren be dead at the death of their parent leaving a child or children such child or children shall take the share their parents would have taken if living. 7. Item. When my daughter Catherine Bickley shall die leaving a child or children as aforesaid I direct and authorize my said Trustees to retain her share of my estate which shall be divided and set apart by them as aforesaid and the same to hold invest and keep invested in good and lawful securities in trust to pay over the net income thereof in semi-annual payments to and among all her children surviving her share and share alike, and the issue of any deceased child or children of the said Catherine who shall take the share which their parent would have taken if living which trust shall continue until the decease of the last survivor of the children of the said Catherine at which time I order and direct the share of said Catherine so held in trust to be equally divided amongst the issue of my said grandchildren, children of the said Catherine and their heirs. 8. Item. If my said son Frederick Klett Junior should desire to have his portion of my estate in his own right absolutely I authorize and direct my Trustees (anything to the contrary contained in this my will notwithstanding) upon the written request of my said son made and submitted by him to them at any time during his life to make an estimation and valuation of all my estate held in trust by them at that time and to divide the same into as many equal parts or shares as there are children of mine then living and to set apart one of such equal parts or shares and to convey and transfer the same to my son Frederick Klett Junior and his heirs absolutely and in his own right. 9. Item. The share set apart after the death of my daughter Catherine and held in trust for her children shall not in any case constitute a part of the estate to be valued and estimated as herein before specified after their share shall be set apart as aforesaid for the children of my said daughter Catherine. 10. Item. Having advanced money to some of my children and charged the same to them respectively I will and direct that all such advances as have be so made and all such as my be hereafter made until my decease and charge upon my books shall be considered as part of my personal estate and as soon as an advancement to them and a set off against them and the amount so advanced and charged shall be deducted from the share or proportion of the child to whom the same shall have been advanced and such advances shall enter into all calculations of my Trustees in the disposal of the interest and principal of my estate to my children and grandchildren in manner aforesaid. 11. Item. In case any or either of my said Trustees should die be removed or resign I direct and request that the Court having jurisdiction in the matter shall approve and appoint a suitable person as Trustee in the place and stead of the Trustee so deceased removed or resigned from persons selected by the surviving Trustee for that purpose which Trustees so appointed shall stand in the place and have all the power of those constituted by me in this will. 12. Item. I give devise and bequeath the sum of One Hundred Dollars to my niece Elizabeth Engard formerly Elizabeth Pleis. 13. Item. I give devise and bequeath the sum of Two Hundred Dollars to Thomas C. Tripler to be appropriated by him to the purchase of a watch or whatever he prefers. 14. Item. I give my gun to my son-in-law Charles Baker. 15. Item. I request will and direct that instead of my coal land aforesaid not being sold for twenty years or the period herein before set out that the said coal land or lands may and can be sold whenever my Trustees and Executors may in their judgement and discretion deem it fit for the interest of my estate and heirs to sell the same. 16. Item. I will and order that the farm which I have purchased from Peterson Bickley is not to be disposed of by my said Trustees and Executors unless for building lots. 17. Item. I nominate constitute and appoint my son Frederick Klett Junior, Henry C. Gibson, my son-in-law, Josias W. Dallam and Franklin C. Jones, Executors of this my last Will and Testament and do declare these presents only to be and contain my last Will and Testament. 18. In witness whereof I, Frederick Klett, the Testator, have to this my Will written on thirteen pages of thirteen sheets of paper set my hand and seal this seventh day of June Anno Domini One Thousand Eight Hundred and Fifty Nine (1859). Frederick Klett, (seal). Signed sealed published and declared by the above and within named Frederick Klett as and for his last Will and Testament in the presence of us, who have hereunto subscribed our names in the presence of the said Testator and of each other. Richard J. Williams J.W. Carroll Gustav Winkler, M.D. City and County of Philadelphia S.S. Registers office August 2, 1859 Then personally appeared Samuel Pleis, Alfred Wiltberger and Joel W. Carroll the subscribing witnesses to the foregoing last Will of Frederick Klett deceased and on their solemn oaths did say that they were present and did see and hear Frederick Klett deceased the Testator therein named sign seal publish and declare the same as and for his last Will and Testament, and that at the doing thereof he was of sound disposing mind memory and understanding to the best of their knowledge and belief. Sworn and subscribed before me the date above, Samuel Lloyd, Dep. Register Samuel Pleis A. Wiltberger J.W. Carroll Have hereunto subscribed our names in the presence of the said Testator and of each other, the word "Time" being inserted in the tenth line of the IX page before this Will was signed and executed. Samuel Pleis A. Wiltberger J.W. Carroll I, Frederick Klett, the within named testator do hereby make and publish this Codicil to my last Will and Testament dated the seventh day of June A.D. One Thousand Eight Hundred and Fifty Nine in manner following. Item. I do hereby revoke and make void the appointment of Henry C. Gibson as an Executor and Trustee of my said Will and Testament above mentioned. In witness whereof I have hereunto set my hand and seal this fifteenth day of June A.D. 1859. Frederick Klett (seal) Signed, sealed, published and declared by the above named Frederick Klett as and for a codicil to his last Will and Testament in the presence of us. City and County of Philadelphia S.S. Registers Office, August 3rd 1859 Then personally appeared J.W. Carroll and Richard J. Williams and Gustav Winkler, M.D. the subscribing witnesses to the foregoing codicil to the last Will of Frederick Klett, deceased, and on their solemn affirmation did say that they were present and did see and hear Frederick Klett, deceased, the Testator herein named sign, seal, publish and declare the same as and for a codicil to his last Will and Testament and that at the doing thereof he was of sound disposing mind memory and understanding to the best of their knowledge and belief. Affirmed and subscribed to before me the date above. Samuel Lloyd Dep. Register J.W. Carroll, Rich'd J. Williams, Gustav Winkler, M.D. City and County of Philadelphia S.S. Registers Office August 3rd, 1859. We do affirm that as the Executors of the foregoing last Will and Testament of Frederick Klett, deceased, we will well and truly administer the goods and chattels rights and credits of said deceased agreeably to law, and that we will comply with the provisions of the law relating to collateral inheritances. Affirmed and subscribed before me the date above and letters testamentary granted unto them. Samuel Lloyd Dep Register Frederick Klett, Jr. (Son), J.W. Dallam, Franklin C. Jones Commonwealth of Pennsylvania S.S. City and County of Philadelphia, Registers Office October 25, 1871. I, William W. Bunn, Register of Wills for the City and County of Philadelphia in the Commonwealth of Pennsylvania do certify that the foregoing is a true and accurate copy of the last Will and Testament of Frederick Klett, deceased, together with the probate thereof upon which letters testamentary were duly granted unto Frederick Klett Jr., J.W. Dallam and Franklin C. Jones on the 3rd day of August A.D. 1859 as the same remains on file and of record in this office. In testimony whereof I have hereunto set my hand and official seal at Philadelphia the date above. W. M. Bunn, Register.