Will: Robert Colborn, Turkeyfoot Township, Somerset Co., PA Contributed for use in USGenWeb Archives by Brenda Van Dyke (bjvd@columbus.rr.com) USGENWEB NOTICE: Printing this file by non-commercial individuals and libraries is encouraged, as long as all noticesand 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. ----------------------------------------------------------------- Will of Robert COLBORN, dec’d Somerset Co., PA Book 3, page 245 In the Name of God Amen I Robert COLBORN of Turkeyfoot Township in the County of Somerset and State of PA being weak in body and far advanced in years but being of Sound and perfect mind and memory at this time blessed be Almighty God for the same and considering the uncertainty of this mortal life do make and publish this my last will and testament in manner and form following: First I will that all my just debts as shall by me owing at my death (if any) together with my funeral expences and all charges touching the proving on other issues(?) concerning this my last will shall in the first place out of my personal estate and effects be fully paid and satisfied and from and after payment thereof and subject thereunto then my will is that my Son Silvester COLBORN being my eleventh born child now living to continue on the farm and to have the use of and hold to himself the proceeds off of my farm I now live on and all that may be made and raised through and by him and to have the use of said farm to himself from the time of my death until the second April after my death when then my will is that my real estate be appraised by three disinterested and honest men to be therein and appointed by my Executors herein after named and appointed. And after a just and fair appraisement thereof then my will is that all my estate be divided into four equal shares or parts (my clothes and books only excepted which I wish to be divided to my three sons Jonathen Abraham and Silvestor (without sale) to be divided among and between themselves). And the said four partz and shares to be equally after such appraisement aforesaid divided viz. one fourth part to be equally divided to my daughter Sarah SKINNER and Elisabeth CADDINGTON share and share equally alike and the other three shares or parts to be equally divided to my three sons John COLBORN Abraham COLBORN and Silvestor COLBORN share and share equally alike. And it is my will that my son Silvestor COLBORN take the farm at the appraisement or to have the preference and if taken by him his share or part to be a credit to him and out of the amount of the appraisement the balance or the other three shares to be secured by him to the other heirs. And if the said farm is not taken at the appraisement by Silvestor COLBORN then my will is that my Sons Silvestor and Abraham COLBORN have the next preferment the appraisement and if taken by them jointly to secure and pay off the other two shares or part allowing in each case a reasonable and customary credit or credits by my Executors. And if refused by them, then my will is that it be sold to the best advantage by my Executors and to pay off the legacys to the above named Legatees as above stated divided to each a share John Abraham and Silvestor COLBORN each a fourth part and one fourth part to my two daughters Sarah & Elisabeth equally alike as above stated as it becomes due and collected till paid off on as soon as practicable. And I make and ordain and appoint my two sons Silvestor COLBORN and Abraham COLBORN my Executors of this my last will and testament hereby revoking all former wills by me made. In Witness whereof I have hereunto set my hand and seal the twenty third day of November AD 1834. Robert COLBORN {seal} Signed sealed published and declared by the above named Robert COLBORN to be his last will and testament in the presence of us who have hereunto subscribed our names in the presence of each other as witnesses and in the presence of the Testator. John HANNA Thomas REAM David ZARLEY Claus concerning disputes about any gift or bequest in this my will as above written. And lastly my express will and meaning is and I do hereby order and appoint that if any difference dispute or question or controversy shall be moved arise or happen concerning any gift or bequest in this my will given and bequeathed expressed or contained that then in a ____ ____ in Law or Equity or otherwise shall be brought commenced or prosecuted for and concerning the same but the same shall be refused wholly to the award order and determination of such judicious men as shall be by my Executors named and what they shall order direct and determine shall be binding and conclusive to all and every person and therein concerned. In Witness whereof I have here unto set my hand and seal the day and year above written. Robert COLBORN {seal} Somerset County, ss. This thirtieth day of May AD 1836 personally came before me Jacob KIMMEL Register for the probate of wills and granting letters of Administration in and for said county John HANNA and Thomas REAM two of the subscribing witnesses to the within ill who being duly sworn do depose and say that they were present and saw and heard Robert COLBORN the within named testator sign seal publish pronounce and declare the within instrument of writing purporting to be his last will and testament and that at the time of so doing he was of perfect and sound mind memory and understanding to the best of their knowledge and belief and that they signed their names as witnesses thereto in his presence and at his request. John HANNA Thomas REAM Sworn and subscribed before me this 30th day of May AD 1836. F. KIMMEL Deputy Register For Jacob KIMMEL Register Somerset County ss. Letters Testamentary on Estate R. COLBORN By the ____ of these presents I Jacob KIMMEL Register for the probate of wills and granting letters of administration in and for the County of Somerset in the Commonwealth of Pennsylvania do make known unto all men that on the day of the date hereof at Somerset before me was proved approved and insinuated the last will and testament of Robert COLBORN late of said county deceased (a true copy whereof is to these presents annexed) having whilst he lived and at the time of his death ____ goods chattels rights and credits within the said Commonwealth by reason whereof the approbation and insinuation of the said last will and testament and the committing the administration of all and singular the goods and chattels rights and credits which were of the said deceased and also the auditing the accounts calculations and reckonings of the said administration of all and singular the goods and chattels rights and credits which were of the said decreased any way concerning his last will and testament was committed to Silvestor COLBORN and Abraham COLBORN Executors in the said last will and testament named having been first sworn well and truly to administer the goods and chattels of the said deceased and make a true and perfect inventory thereof and exhibit the same into the register office at Somerset on or before the 30th of June next and to render a just and true account calculation and reckoning of the said administration on or before the 30th of May next ensuing. In testimony whereof I have hereunto set my hand and the seal of the said county of Somerset this 30th day of May AD 1836. Jacob KIMMEL Register