Wills: Union Co.: Simon Bennage 1822 LAST WILL & TESTAMENT of Simon Bennage 1822 White Deer Twp., Union County File contributed for use in USGenWeb Archives by Linda Byerley 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. 'Will' In the Name of God, Amen I, SIMON BENNAGE of White Deer Township, Union County in the State of Pennsylvania being weak in body but of sound mind, memory and understanding, Blessed be God for the same, do make an publish this my last will and Testament in manner and form following, to wit: Principally and first of all I commend my immortal soul to God who gave it and my body to the earth to be burried in a decent and christian like manner, at the direction of my executors hereinafter named and as to such worldly estate wherewith it hath pleased God to bless me in this life, I give and dispose of the same in the following manner to wit: I give and bequeath unto my beloved wife ELIZABETH BENNAGE my plantation I live on adjoining lands of JOHN HUFFMAN, JACOB HIGH and others together with all my personal property of whatever nature subject to the payment of all my just debts and funeral expenses and subject to the conditions of this legacy hereinafter bequeathed to my son DAVID BENNAGE. And I bequeath unto my son SAMUEL BENNAGE the plantation he now lives on in White Deer Township and all that tract of land I hold by deed of conveyance in the County of Niagara and State of New York and I bequeath unto my daughter, MARY intermarried with JOHN HOFFMAN my tract of land adjoining lands of JACOB LEISER, JACOB HIGH and others and the tract or parcel of land adjoining lands of ANDREW WACKEL, RELEI GINGIUSMELSER and others in White Deer Township. As my son, DAVID BENNAGE's wife SUSANNAH formerly SUSANNAH WELSH has proved unfaithful to him, it is my express will that she shall have no part of dower right to any part of my estate bequeathed to my son, DAVID. But if my son DAVID obtain a divorce so as the marriage contract entered into between him and SUSANNAH his wife be annulled and made void, then it is my will and I do bequeath unto my said son DAVID BENNAGE the plantation I now live on and two horses, two cows, four sheep, two hogs, one wagon, one plough, one stove, on barrow, all of his choice of my personal property. It is my will that my wife ELIZABETH and my son DAVID live together as lone as they shall think it proper but if my son DAVID should think it proper to have the house for his own use, he shall build my said wife ELIZABETH a comfortable and convenient house with a chimney and a stove in it on my said farm in a proper place of her own choice and find her firewood and pasture and fodder for one cow as long as she remains my widow and chooseth to live on said farm. And lastly I nominate, constitute and appoint JACOB LEISER and my son DAVID BENNAGE to be the execurtors of this my will hereby revoking all other wills, legacies and bequeaths by me heretofore made and declaring this and non other to be my last will and testament. In witness whereof I hereunto set my hand and seal this sixth day of December in the year of our Lord one thousand eight hundred and twenty one. Signed sealed published and declared by this testator as his last will and testament in the presence of us who in his presence and at his request have subscribed as witnesses AND. McCLENAHAN LLIAS VANVABRAH SAMUEL HIGH SIMON BENNAGE (seal) Union County SS Be it remembered that on the Seventh day of January A.D. one thousand eight hundred and twenty two personally appeared before me PETER HASHENBERG, Register of wills and in and for the County of Union, ANDREW McCLENAHAN and SAMUEL HIGH two of the subscribing witnesses to the foregoing will and being duly sworn according to law deposeth and saith that they were present and saw and heard SIMON BENNAGE the testator sign, seal, publish, pronounce and declare the foregoing instrument of writing as and for his last will and that at the time of signing he was of perfect and sound mind, memory and understanding to the best of their knowledge, observation, and belief that they subscribed their names thereto as witnesses in his presence and at his request. Sworn & subscribed & affirmed before me the day and year aforesaid HASHENBERG Reg.r. AND. McCLENAHAN SAMUEL HIGH Be it remembered that on the seventh day of January Anno Domini one thousand eight hundred and twentyone was proved and approved the last will and testament of SIMON BENNAGE deceased of which the foregoing is a copy of record and letters of testament issued in due form of law unto JACOB LEISER and DAVID BENNAGE executors in the said will named on the day and year aforesaid the said JACOB LEISER and DAVID BENNAGE having first been duly sworn according to law, HASHENBERG Reg'r. Union County State of Pa. ss Certified from the records Witness my hand and seal this 28th day of Feby 1885 H. E. GUTELIUS Reg'r. State of Pennsylvania Union County ss I, H. E. GUTELIUS, Register for the probate of wills and granting letters of Administration and in and for the County aforesaid, do hereby certify that I have compared the forgoing copy as the last will and testament of SIMON BENNAGE, late of the County and State aforesaid deceased together with the decree adjoining the same to probate and the proofs taken thereof with the original records thereof now remaining in this office and have found the same to be a correct transcript therefore and of the whole of such original record. In testimony whereof I have hereunto set my hand and affixed the seal of said Registers Court at Lewisberg this day of April A. D. 1885 H. E. GULETIUS Reg'r. State of Pennsylvania County of Union ss I, J. C. BUCHER, President Judge of the Court of Common Pleas in and for the County of aforesaid hereby certify that H. E. GULETIUS whose certificate is above written is the Register for the probate of wills, granting letters of Administration and in and for the said County duly commissioned and sworn to all whose official acts full faith and credit are due and that the foregoing exemplification of record is authenticated in due form and that the seal affixed to said exemplification is the seal of said Register. Witness my hand and seal at Lewisberg this 9th day of April A. D. 1885 J. C. BUCHER President Judge of Court of Common Pleas State of Pennsylvania Union County ss I, W. O. SHAFFER , Prothonotary of the Court of Common Pleas in and for the County of Union do hereby certify that the Hon. J. C. BUCHER whose certificate is above written and in his own proper hand subscribed is and was at the time of so doing acting President Judge of the said Court of Common Pleas is and for said County of Union duly commissioned and sworn and that his foregoing exemplification of record is in due form. Witness my hand and the seal of said Court of Lewisburgh this day of April 1885 W. O. SHAFFER Prothonotary Office of the Secretary of the Commonwealth Harrisburg April 15th A. D. 1885 Pennsylvania ss I do, hereby certify that H. E. GULETIUS now is and was at the time of subscribing his name to the foregoing certificate, Register of wills in and for the County of Union duly elected and commissioned as such; and as such officer has full jurisdiction under the laws of this commonwealth within the County of Union for the probate of wills and the granting of letters, testamentary and of Administration, that the records and proofs hereinbefore certified and exemplified as kept pursuant to the laws of this commonwealth by said Register who authenticates the same, that the seals appended to the said certificate or ecemplifiations are genuine and that I believe that each of the signatures attesting the said certificates or exemplifications is genuine. In testimony whereof I have herewith set my hand and caused the seal of the State to be affixed the day and year above written. W. S. STENGER Secretary of the Commonwealth Recorded & Examined November 20th-1885 WILLIAM J. BULGEN Surrogate