WILL: James Newman, 1854, Great Bend Township, Susquehanna County, PA Contributed for use in the USGenWeb Archives by Jackie Mahoney -- JACKIEM721 {AT} aol {DOT} com -- Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/susquep.html ________________________________________________ Transcribed from SAMPUBCO, copy by Jackie Mahoney Susquehanna County, PA, Great Bend, Vol. # 2, Pg. 173 Will of James Newman I, James Newman of the township of Great Bend, County of Susquehanna and State of Pennsylvania, being of Sound mind memory and understanding, do make and publish this my last Will & Testament in manner following. Item 1. It is my wish that all my just debts and funeral expenses shall be paid by the Executors out of the first moneys that shall come into their hands. Item 2d. I give and bequeath to my Daughter Betsey Hays that part of my Real Estate described as follows, to Wit: Beginning at the north west corner of my land; and the corner of lands owned by Charles Dim__ and (Low_ - erased): thence south on the line of Charles Dim__ lands far enough so that a line drawn parallel with my north line _____ my whole farm shall enclose, one hundred fifty acres. The said Betsey to have and enjoy the above described premises during her natural life and at her decease I give to her son James Newman Hays fifty acres to be measured from the east end of said land, to be his in fee simple. The remainder of said one hundred fifty acres to be subject to the disposal of my said Daughter Betsey by Will. Item 3d. I give and bequeath to my son Galen Newman from my Real Estate the following property to Wit. Beginning at the chesnut tree on the bank of the Creek near where the rail road crosses the old creek. Said chesnut tree is marked with three notches on the side, thence up said creek to a black oak tree. Marked with three notches on each side standing near the fence; thence in a northly direction to the highway; thence west along said highway to the end of a stone wall on the west side of the orchard; running in a northerly direction thence, along said stone wall in a northerly direction to the end thereof and from thence along the east line of the Whitewood lot to the fence on the top of the hill; thence easterly along that fence to what was called Davids West line; thence northly along that line to a chesnut tree marked with notches; thence north to the south line of lands given to Betsey Hays and James Newman Hays. Excepting and reserving from said bequeath for the use of my Daughter Nancy Newman during her natural life, the use of my now dwelling house door yard and garden. Said garden to be enlarged so that it shall extend to a butternut tree thence north to a _____ in a stone wall, on the east side of my now dwelling house. I also reserve to Nancy the right to pasture two cows upon the lands given to Galen and also to get wood and apples therefrom, and at the decease of said Nancy the same to revert to Galen in fee simple. Said Galen to Winter said cows for said Nancy. Item 4t. I give and bequeath to my Daughter Adelia Hasbrouck and to her heirs the house and lot in which she now lives near the Baptist Church in the village of Great Bend. The said Adelia not to sell or convey the same, but in case she shall have no children living to inherit it she may dispose of the same by Will and not otherwise. Item 5t. I give and bequeath to my Daughter Nancy Newman all my money, Notes, Bonds, Mortgages and any and all Securities for indebtedness which I may hold at the time of my decease and also my Bridge Stock and household furniture of every description. I also give to her the use of my dwelling house door yard and the right to pasture two cows and apples for her own use, as reserved from the land bequeathed to my son Galen. And I also bequeath to her all my personal property not otherwise disposed of. Item 6. I give and bequeath as Trustees of my three Daughters; Adelia Hasbrouck, Betsey Hays and Nancy Newmand and their heirs all the residue of my Real Estate under the following instructions to Wit. If the same cannot be divided so that each of my Daughters can have her individual share without damage to the whole (and I think it cannot) then I desire my said Trustees to appraise the same or cause it to be done by their disinterested persons be chosen by them, and that my Daughter Betsey Hays or her husband or my Daughter Nancy or her husband if she shall marry to take ____________________________________________________________ appraisals upon paying to my said Trustees two thirds of the said appraisal which two thirds shall be divided equally between my other two Daughters as I shall herein after direct. But if neither of my said Daughters nor their husbands shall purchase the same then I desire my Trustees to sell the same to the best advantage, and at their discretion and pay to my Daughter Betsey Hays one third of the amount of money received from the sale thereof. After deducting these from her proportion of the expenses incurred in carrying out my wishes in the disposition thereof. And I desire said Trustees to pay to my Daughter Nancy one third of said money received for said land deducting therefrom expenses in the same manner as from Betsey's portion. And as to the portion belonging to my Daughter Adelia Hasbrouck I desire that in case the said residue of my Real Estate shall be purchased by either of my other daughters, that the same may remain a lien upon said land received by Mortgage, with interest payable annually to said Adelia. But in case the land shall not be purchased by either of my others daughters or their husbands then I desire that as soon as Sales can be made thereof and the money received therefor, by said Trustees; they shall put said Adelia's portion (after deducting her proper proportion of expenses as aforesaid) out of interest property secured upon Real Estates; the interest to be paid annually to said Adelia by said Trustees after deducting therefrom for the necessary expense and trouble and the principal sum I desire to be equally divided between said Adelia's children if she shall have any at her decease and if she shall have no children (to be subject to her disposal by Will) {erased}the same to revert to my Daughters Betsey and Nancy which said amount be given to said Adelia during her natural life I give and bequeath equally to them. Item 7t. And it is further my wish and desire and I hereby instruct my Executors to that effect that if any of my children after my decease shall bring any claim or bill or demand for labor done or services rendered to me in my lifetime or set up any claim for money due them before my decease or shall sue my executors, or make any cost trouble or expence of any name or nature then my executors shall retain in their hands so much from the personal or Real Estae bequeathed to the child so making cost trouble expense or damage as shall be necessary & sufficient to pay all such cost troubles expence & damage, and also to pay my executors for their trouble and expence in defending. And I do hereby authorize and instruct my Executors to withhold possession of all my Real & Personal property from each and all the _____mentioned in my Will until they shall have executed to them full and sufficient ______for their individual claims against me either under my Will or otherwise. Item 8t. Lastly I hereby nominate and appoint Samuel W. Truesdell of the Township of Liberty County Susquehanna & State of Pennsylvania and Thomas Hays of the Township of Great Bend County & State aforesaid Executors of this my last Will & Testament recommending thece to close the ______of my Estate as expediously as possible and as in their descretion shall be for the best interest of the Estate. And I do hereby revoke all other Wills that may have been by me therefore made. In Witness whereof I the said James Newman have herein to set my hand & Seal this first day of April A.D. one thousand eight hundred & fifty four, in presence of Samuel W. Truesdell & Martin L. Truesdell as Subscribing Witnesses. James Newman (seal) Signed, Sealed, published & declared by the said James Newman as & for his last Will & Testament in the presence of us who have herein to subscribed our names as Witnesses therewith in the presence of the said testator and of each other April 1st 1854. The words 'on the west side of the orchard' between the fourth and fifth from the bottom of first page and '& apples' 2nd page, twelfth line from top & executors in fifth line from bottom in fourth page underlined before signing. Samuel W. Truesdell Martin S. Truesdell Susquehanna County. On this 26th day of April A.D. 1854. Before me J. T. Langdon, Register for the Probate of Wills and granting Letters of Administration in and for said County, personally came Samuel W. Truesdell, Esqr. And M. S. Truesdell the Subscribing Witness to the annexed instrument of Writing ______to be the last Will and Testament of James Newman late of Great Bend Township; deceased and in said County, who, after being duly sworn according to law doth depose and say that he (with Martin Truesdell) was present and saw and heard the said James Newman sign, seal, publish, pronounce and declare the said annexed instrument of writing as and for his last Will & Testament; and that at the time of him so doing, he was of sound and _______mind, memory and understanding to the best of his knowledge, Judgment & belief. Sworn & Subscribed before me. J. T. Langdon, Register Samuel W. Truesdell M. L. Truesdell Susquehanna County On the said day and year proper proof of having first being made to me, that the said Martin L. Truesdell author of the subscribing Witnesses to the said instrument of writing is not within the reach of the process of this Court but is reported & believed to be out of this state, personally, came Wm K. Hatch & R. B. Little who being duly affirmed, do depose and say that they are acquainted with the signatures; and the hand writing of Samuel W. Truesdell the said subscribing witness to the said annexed instrument of writing perporting to be the last Will & Testament of James Newman deceased; from having seen them (the said subscribing witnesses) write - and their said signatures to the annexed instrument as such subscribing witnesses are in the tru and proper handwriting of them respectively and are genuine to the best of their knowledge & belief. Affirmed & Subscribed before me April 21, 1854 J. T. Langdon, Register W. K. Hatch R. B. Little Samuel W. Truesdell & Thomas Hays, Executors Of Will of James Newman, died And now to Wit: April 26th 1854, Letter ______________were in due ______of Law Granted unto Samuel W. Truesdell and Thomas Hays Executors named in the last Will & Testament of James Newman, late of the Township of Great Bend in said County, deceased, upon all and Singular the goods and Chattles, rights and credits which were of said deceased they having first being duly sworn according to law. J. T. Langdon, Register Inventory filed May 27, 1854 May 18, 1855. The Executors file their Administration accounting in said Estate which is duly examined, _________ and advertised for Confirmation at the August term of Orphans' Court.