Philadelphia County PA Archives Wills.....Peltz, Elizabeth December 26, 1837 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/pafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ray Rhoads rhodoray@bellsouth.net October 20, 2005, 10:36 am Source: Philadelphia County Will Book 13, Page 180, Will 80 Written: December 26, 1837 Recorded: May 2, 1838 Be it remembered that I Elizabeth Peltz, wife of Philip Peltz of Passyunk Township, Philadelphia County, being infirmed of body but of sound mind memory and understanding, and desirous for settling my worldly affairs, whilst I have strength and capacity so to do . Do by virtue of the power and authority contained in the Deed of Marriage Settlement made and executed previous to my marriage with my present husband and dated the Twenty first day of September A.D. One thousand eight hundred and thirty three, recorded in the office for recording Deeds *** for the City and County of Philadelphia in Deed Book A.M.51 page 557. Make and publish this my last Will and testament hereby revoking all other and former Wills, by me made. First I give devise and bequeath unto my Executors herein after named, and their heirs and assigns and to the survivors of them, and their heirs, executors administrators and assigns of such survivors. All my Estate real, personal and mixed, which I shall be seized or possessed of or in any wise entitled to, at the time of my decease upon Trust for the purpose of this my Last-will and Testament as herein after set forth and declared. Item I will that all my just debts and funeral expenses be duly paid and satisfied. Item It is my will and I hereby direct my executors, or the survivor of them, the heirs, executors or administrators, after they shall shall have my real and personal estate appraised by three disinterested persons chosen for that purpose. To sell and dispose of my real estate either at public or private sale, for the best rate and price, that can be obtained therefore, to such person or persons as shall agree to purchase the same and make execute and deliver, to such person or persons a clear, good and sufficient title therefore in such estate as I now have or may at the time of my decease have, in the same, as fully and effectually as I myself can now do with and for the real estate of which I am seized to my own use in fee. Item It is my will that my personal estate, consisting of Plate, apparel. Household and kitchen furniture shall be divided amongst my five children and the children of my deceased son Joseph H. Schreiner without a public or private sale thereof. Unless it shall appear to my executors that a public or private (sale) of the whole or a part thereof will be most satisfactory to my children and grandchildren in which case I request my executors to make such public or private sale and that each of the children or grand children to be charged with the amount of such of the personal estate as they may take corresponding in price with the appraisement herein before directed to be made in part payment of their respective shares of my estate. Item I give devise and bequeath unto the children of my deceased son Joseph H. Schreiner and to their heirs and assigns one full equal sixth part of the proceeds of my real estate, when the value shall be turned into money together with the one full equal sixth part of my personal; estate , which said sixth part it is my will shall be equally divided amongst the children of my said deceased son, share and share alike. Item I give devise and bequeath unto my daughter Maria, wife of Louis Peterson of Pittsburgh, her heirs and assigns. One full equal sixth part of the proceeds of my real estate, when the same shall be turned into money. Together with one full equal sixth part of my personal estate for her sole and separate use exclusive of her husband, for which her receipt alone shall be a sufficient discharge. Item I give devise and bequeath to my daughter Elizabeth wife of Samuel Pryor of Philadelphia, her heirs and assigns one full equal sixth part of my real estate when the same shall be turned into money together with one full equal sixth part of my personal estate for her sole and separate use exclusive of her husband, for which her receipt alone shall be a sufficient discharge. Item I give devise and bequeath to my daughter Harriet wife of John Aitken of Cambridge, Ohio her heirs and assigns one full equal sixth part of the prices of my real estate when the same shall be turned into money together with the one full equal sixth part of the proceeds of my personal estate for her sole and separate use exclusive of her husband for which her receipt alone shall be a sufficient discharge. And it is my further will that my executors shall be trustees for my said daughter Harriet, and that they so settle and secure, the devise above mentioned and made to my daughter Harriet that it shall not be in the power of her said husband to use or take either principal or interest thereof. In addition to the above devise I give and bequeath to my said daughter Harriet such of my furniture as she may select, sufficient for one bedroom, the same to be set apart for her before any divisions, or sale be made of my personal estate. Item I give devise and bequeath to my son William H. Schreiner of the city of Philadelphia, and to his heirs and assigns one full equal sixth part of the proceeds of my real estate when the same shall be turned into money together with the one full equal sixth part of my personal estate. Item I give devise and bequeath to my daughter Amelia, widow of Joseph Pryor late of Philadelphia deceased, her heirs and assigns one full equal sixth part of my real estate when the same shall be turned into money together with one full equal sixth part of my personal estate. Item In case any of my children should happen to die before me without leaving issue, the part or share intended for such deceased child shall go to and I do give devise and bequeath the same to the survivor or survivors of my said children, in fee, in equal shares if more than one, and to the lawful issue of such of them as shall be then deceased. So nevertheless that such lawful issue take and receive such part or share only as his her or their deceased parent would have had and taken if living. Item I nominate and appoint Lewis Peterson of Pittsburgh, William H. Schreiner and Samuel Pryor of Philadelphia, Executors of this my Last Will and Testament. In witness whereof I have hereunto set my hand and seal this twenty sixth day of December, AD 1837. Elizabeth Peltz - Seal – Signed, Sealed as and for her Last Will and Testament in the presence of us, and at her request, we hereunto subscribed our names as witnesses thereto. Philip Peltz Philip Justus Commonwealth of Pennsylvania ) City and County of Philadelphia ) Registers office May 2, 1838, then personally came Philip Peltz and Philip Justus the subscribing witnesses to the aforegoing instrument of writing being the last will and testament or instrument by appointment in nature of a will of Elizabeth Peltz the Testatrix therein named and the former of them on oath and the latter of them on his solemn affirmation did depose, declare and say that they were personally present and did see and hear the said Elizabeth Peltz the testatrix therein named and where name is thereto subscribed as Testatrix sign, seal, publish and declare the said instrument of writing to be her last Will and Testament and at the doing thereof she the said testatrix was of sound disposing mind memory and understanding to the best of their knowledge and belief and that they did subscribe their names thereto as witnesses at the request of the said testatrix in her presence and in the presence of each other. Sworn Affirmed and Subscribed ) Philip Peltz before me. John Gest ) Philip Justus Register ) Commonwealth of Pennsylvania ) City and County of Philadelphia ) Registers office May 2, 1838, then personally came Wm H. Schreiner No. 133 South 2nd Street and Samuel Pryor, Market Street south side between 7th & 8th streets from Schuylkill. And the two former of them on their solemn affirmations did depose declare and say that the aforegoing instrument of writing is the true whole last Will and Testament of Elizabeth Peltz the Testatrix therein named now deceased so far as they know and believe. And that they believe themselves to be individuals therein nominated and appointed to execute the provisions thereof. That they will well and truly administer the Goods, Chattels and Estate of the said deceased agreeably to Law and to the said Will. That they will render into this office within thirty days from this date a just and true inventory and appraisement of the personal estate of the said deceased. Also a just and true account calculation and reckoning of their said administration in one year from this date and at any other time if thereunto legally required. That they will well and truly comply with the provisions of Law relating to Collateral Inheritance and that they will well and truly do and perform all other matters and things required of them as executors as aforesaid by law and the said Will to be by them performed and done. Affirmed and Subscribed before me and letters ) Wm. H. Schreiner Testamentary granted unto them ) Sam’l Pryor John Gest ) Register ) This file has been created by a form at http://www.genrecords.org/pafiles/ File size: 9.7 Kb