Wills: Samuel Newhouse, 1864: Salem Twp, Westmoreland County, PA

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		Richard A. Newhouse Kelanic.

 		kelanic@greenepa.net

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WILL OF SAMUEL NEWHOUSE 

July 11, 1864

Westmoreland Co., Pennsylvania

Will Book 4, Page 534, No. 45 of 1864


Transcribed from original will and in original spelling and grammar

by Richard A. Kelanic

December 30, 2000

 

Cover:

No. 45 of 1864 

Last Will and Testament of Samuel Newhouse 

"Legally Proved and Aproved this 11th day of July A.D. 1864. Sameday Recorded and Letters 
Testamentary issued to John Lenhart Jr and William Job Executors who were sworn before me." 

Wm C Guffey, Regr 

Text:


" In the Name of God, Amen. I Samuel Newhouse, of the Township of Salem, in the County of 
Westmoreland, and State of pennsylvania, Being of sound mind and memory, and considering the 
uncertainty of this frail and transitory life, Do therefore make , ordain, publish & Declare 
this to be my last will and Testament, as follows, First I commit my body to the earth, and 
my soul to God who gave it, trusting to the attonement and mercy of my Redeemer, and as to 
my worldly estate I Dispose of it in the manner following; 

first after all my lawful Debts are paid and Discharged , the residue of my estate, real & 
personal, I give, bequeath, & dispose of, as follows, To wit:

. To my Beloved wife, Elisabeth, one Cow one Bed & beding and bedstead, one Burow, one Table 
all the Cupboard ware, and all chairs, three hogs, my said wife to select this described 
property herself, I also alow my said wife to have the Looking glass, and also the Cooking 
stove and my wife is to have her keeping off the farm that I now live on during her life and 
I also bequeath to my wife my young Dun Horse (the two year old Stallion) and I give and 
bequeath to my two Sons Jacob and Josiah the Farm on which I now reside and the Wagon, and 
the plough and Harrow and the Horsegeers, to be equal sharers in them all, and I give and I 
bequeath to my two Daughters Eliza & Catharine, and Mary, Eliza Daughter, each of the three, 
one Bed beding & bedsted a piece; and my two sons Jacob & Josiah is to keep my said wife off 
the place, and to keep the old womans Cow and horse for her; and I also will and bequeath 
unto the three girls above named Eliza, Catharine & Mary, a small tract of Land situate in 
Salem Township Westmoreland County and State of Pennsylvania ajoyning lands of Robert Job, 
Jacob Amelong Solomon Keys heirs and Adam Brown Containing 39 acres & some perches, share and 
share alike; and all the Ballance of my personal property which is not mentioned in this will 
is to be sold after my deceas and aplied to the payment of my Debts, and if there is any money 
left after all my debts are paid, devide it among all my children share & share alike.

Likewise I make, constitute, and appoint John Lenhart and William Job, to be executors of this 
my last will and testament, hereby revoking all former wills by me made.

In witness where of, I have here unto subscribed my name, and affixed my seal, the thirteenth 
day of June, in the year of our Lord one thousand eight hundred and sixty four " 

Samuel [ X his mark] Newhouse 

The above written instrument was subscribed by the said Samuel Newhouse in our presence, and 
acknowledges by him to each of us; and he at the same time publishes and Declares the above 
instrument so subscribed to be his last will and testament; and we, at the testators request, 
and in his presence, have signed our names as witnesses hereto and written opposite our names 
our respective places of residence." 

[signed] John Jones- Westmoreland County Salem Twp. 

Robert Job " " " 

Johnston Job " " "

[Addendum to Will: ] 

"Westmoreland County, Ss 

" Before me Wm C . Guffey Register of Wills &c in and for said County personally appeared the 
Hon John Jones and Robert Job two of the subscribing Witnesses to the foregoing written will 
of Samuel Newhouse deceased who being duly Sworn according to Law do say they were present and 
saw the said Testator affix his signature to the end thereof and heard him publish pronounce 
and declare the same as and for his last Will and Testament, that at the time of so doing he 
was of sound and disposing mind memory and understanding, and that they signed their names as 
Witnesses thereto in the presence and at the request of the said Testator, and in the presence 
of each other, and also in the presence of Johnston Job the other subscribing Witness who also 
at the same time subscribed his name thereto in the presence of the said Testator" 

" Sworn and Subscribed before me, 

this 16th day of July A.D. 1864" 

[signed] Wm C Guffy, Register 

[signed] John Jones 

Robert Job

Distribution Docket Volume 2 Page 63

February 11, 1874

"The fund and its application..." 

Includes: "Interest from 23" May 1866 Till 23" January 1874" 

"Distribution among heirs" 

Amount of Fund-------------------------------------------------------------------------$526.00 

(Includes) Interest from 23" May 1866 till 23" January 1874 

To Abraham Newhouse-------------------------------------------52.60 

" Samuel Newhouse---------------------------------------------52.60 

" Christina Dibler------------------------------------------------52.60 

" Eliza Newhouse------------------------------------------------52.60 

" John Newhouse------------------------------------------------52.60 

" George Newhouse---------------------------------------------52.60 

" Catharine Little------------------------------------------------52.60 

" Jacob Newhouse-----------------------------------------------52.60 

" Robert Newhouse----------------------------------------------52.60

" Josiah Newhouse-----------------------------------------------52.60 


Orphans Court Docket Volume 6, Page 15

December 19, 1865

February Term A.D. 1866 

20 Samuel Newhouse dec 

"To the Honorable the Judges of the Orphans Court of Westmoreland County 

The Petition of John Newhouse of the County of Armstrong. Penn. 

Respectfully Sheweth 

That Samuel Newhouse late of Salem Township County of Westmoreland died on [blank] day of 
July A.D. 1864. Testate and Letters Testamentery were duly granted by the Register of the 
said Courton his estate unto Wm Jobe and John Lenhart Executors of said estate That the said 
Samuel Newhouse Sr. died Seized among the lands of a certain tract of land vested in him during 
his lifetime and not desposed of by his last Will which tract of land said Testator purchased 
from Sarah Earnest in Salem Township for which Testator paid all the purchase money unto said 
Sarah Earnest except fifty dollars And for which land said testator in his lifetime did not 
receive a Deed. That your Petition during the lifetime of said Dec'd for and in consideration 
of the sum of two hundred dollars purchase Money bought from said Testator the same tract of 
land July 1864 And for which your Petitioner gave testator promising notes payable in the future.
That the Notes aforesaid and all subsequent changes for improvement taxes and repairs were done 
and paid for by your Petitioner. That said contracts have been so far executed that it would be 
against equity to resind the same and that no provisions for the performance of said contracts 
was made by the said Deed to net of and in the said described tract of land situated in Salem 
Township and bounded by lands of John Bovards Sr on the west Jno Hugus & George M. Laughlin Jr 
on the North and North East John Sourwine on the South East containing forty Six Acres more or 
less. 

June 19, 1865 

That your petitioner has already paid Wm Job Executor one hundred and is fully bound his other 
promisory notes unto said estate for the balance of said purchase money. And Your Petitioner is 
in possession and bound by subsequent date And hath not the Legal Title to said tract of land. 

Your Petitioner therefore prays the Court award a citation directed to the said Executors and 
to the Widow and heirs at law of said Samuel Newhouse Dec'd Elizabeth Newhouse Widow) 
Abraham Newhouse Samuel Newhouse Elizabeth Newhouse Tina Newhouse (John Newhouse Petitioner) 
George Newhouse Catharine Newhouse Jacob Newhouse Robert Newhouse Jesse Newhouse, Commanding 
them to appear in Court and answer this petition at a day certain to be fixed by the Court and 
if cause be not Shown to the contrary. The Petitioner further prays the decree of the Court 
for a specific performance of said contracts according to the true intent and meaning thereof 
and that a conveyance be made by Sarah Earnest to the said Executors of said tract or piece of 
land on payment of the balance of said purchase money by them unto her.

And that a further conveyance may be made under said decree by said Executors unto Your 
Petitioner of said tract or piece of land as aforesaid on payment of the balance of the purchase 
money by your Petitioner."

[signed] John Newhouse