Westmoreland County PA Archives Wills.....Kern, Joseph 1846 ************************************************ 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: Linda Bischoff lkbischoff@mchsi.com Source: Will Book Written: 1846 Will of Joseph Kerns (failed to get page number) book 3 of Westmoreland wills I Joseph Kern of Hempfield Township, Westmoreland County considering the uncertainty of this life, and being of sound mind and memory do make and publish this my last Will and Testament in manner and form following: First I order and direct that all my Just debts and Funeral expenses be paid as soon after my death as my Executors hereinafter named Can by Sale of property or the Collection of Claims due me acquire the funds for that purpose. Secondly It is my Will and desire also that my said Executors or the Survivors of them sell the Farm on which I now reside as soon as they in their Judgment Can effect an advantages Sale of it. And further being possessed of the undivided two thirds of a Lot of ground near Johnstown in Cambria County Containing eighteen Acres more or less, it is my Will and desire that my said Executors or the survivors of them Shall dispose of the Same in Such manner as they may deem most profitable, and in order more fully to effect the premises, my said Executor or the survivors of them shall have full authority to lay out and divide the same into Town Lots with the needful Streets and alleys and to sell such lots at such times and in such portions, and on such Conditions is they may suppose may best secure the interests of my Estate and I also authorize them to make a purchase from or an exchange with Joseph Haynes of as much ground is may be needed to make the tier of lots In the West Side of the Turnpike Road from the bend upward ten rods deep with an Alley One rod wide behind them, And the same Also to divide and sell as aforesaid. And I hereby Authorize and empower my said Executors or ___ Survivors of them to Sell Convey and make titles for my Real Estate Authorized to be sold as well that already Contracted to be sold as that which is not. Thirdly I order and direct that out of the proceeds of the above named properly to be sold the Sum of One thousand Dollars be placed on Interest by my said Executors which Interest Shall be paid to my beloved Wife Margaret semi-annually for her support during her natural life And until such sum of money Shall be so invested the sum of Sixty dollars per annum Shall be paid her as above. And further I direct that such articles of Personal property as may be deemed necessary for her Comfort by herself and my said Executors shall be allowed her. And further I will and bequeath to each of my children equal Shares of my estate to be divided Share and Share alike except at the special desire and request of my daughter Catharine Ann I order that the share which upon an equal division of my estate among all my children would fall to her share be added in equal portions to the share of my daughter Eleanor M. and my son Samuel M. and excepting that my daughter Mary Ann Shall have Fifty dollars more than her equal share. The before named bequests to be paid out of the proceeds of my Real and personal property by my said Executors or the survivors of them as soon as the funds come into their hands with this exception that the shares which falls to my daughters Sara Sibylla, Mary Ann, Elizabeth and Eleanor shall be held by my Executors and paid to them or their heirs as my said Executors shall consider expedient and P________ hereby giving my siad executors full authority and Control so that they may be put to no trouble about the shares of my said daughter Sarah, Sibylla, Mary Ann, Elizabeth and Eleanor but they may pay the same in such manner and at such times as will be calculated in said Executors Opinion to benefit my said daughters most. And lastly I hereby nominate Constitute and appoint my sons George W. Kern, Henry R. Kern and my son-in-law Samuel L. Gorgas to be my Exectors of this my last Will and Testament hereby revoking and making null and void all wills by me at anytime heretofore made. In testimony whereof I have hereunto set my hand and seal this Fifteenth day of May in the year of Our Lord One thousand eight hundred and forty Six. Signed Sealed and published in presence of us who have subscribed our names hereto as Witnesses at the request of Testator in his presence and in presence of each other. [signed] Joseph Kerr [seal] witness John Semple John Rugh Legally proved and approved the 26th day of May AD 1846 Same day recorded and Letters Testamentary granted to Executors. Executors sworn before D. Cook, Regr.