Wills: Henry Shaner, 1881: Allegheny Twp, Westmoreland County Contributed to USGenWeb Archives by Che Zuro Whiting RanchRat@aol.com USGENWEB NOTICE:  In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material.These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Westmoreland County Register of Wills 6WB558 1881 No 74 of 1881 Will of Henry SHANER dec'd In the name of God Amen I Henry Shaner of Allegheny Township Westmoreland County and Commonwealth of Pennsylvania being in good health of body and of sound and disposing mind and memory (praised be God for the same) and being desirous to settle my worldly affairs whilst I have strength and capacity so to do. do make and publish this my last will and testament, hereby revoking and making void all former wills by me at any time made, and first and principally I commend my soul into the hands of Almighty God my creator hoping for everlasting happiness in the heavenly kingdom through Jesus Christ my Saviour my body I commit to the earth at the discretion of my Executors hereinafter named; and as to such worldly goods as it has pleased God to bestow upon me I dispose of as follows viz: that all my just debts and funeral expenses be paid as soon after my decease as conveniently may be and I give and devise to my beloved wife Catharine Shaner if it should please God to spare her life after my decease the exclusive use of one or two rooms in my dwelling house in which I now reside and she may enjoy all necessary privileges in and out of doors by her required and shall be provided with all the necessary provisions of this life such as food clothing medicine and medical attendance when necessary and she may reserve for herself two of my best beds with sufficient bedding and a sufficient but reasonable amount of money to enable her to contribute to the support of the gospel and other beneficiary purposes and she when necessary shall be well supplied with fuel and light in her room and at her death decently buried and a set of head and foot stones for mine and her graves shall be procured at a cost not exceeding one hundred dollars for each set the costs and charges of the said grave stones shall be taken out of my estate that each of our children can have one equal privilege of contributing to the erection of the last memorial of their dear parents I give devise and bequeath to my two sons ~ Zachariah and Eli that certain tract of land with the hereditaments and appurtenances adjoining Daniel Sober and others on which I now reside containing one hundred acres more or less out or the proceeds thereof my dear wife Catharine Shaner shall be provided for and maintained as above mentioned and as God in his providence saw proper to with hold from my son Eli a sound and disposing mind I therefore place him under the care and attention of my son Zachariah, reserving Eli's interest in the said tract of for his maintenance during his natural life and in consideration of his maintenance as aforesaid the said tract of land containing one hundred acres more or less shall be the property of my son Zachariah his heirs and assigns forever + And whereas I hold in fee simple two other pieces or parcels of land adjoining the former tract of land one known as the Kepple farm Containing Eighty two acres more or less the other containing fifteen acres adjoining each other making ~ Ninety seven acres at the value of forty five dollars for each and evry acre therein contained it is my will and desire that one or more of my seven children hereafter named will take the said land at the valuation aforesaid amounting to Four thousand three hundred and sixty five dollars ($4365) with notes and cash on hands three thousand dollars more or less which sums amounting to Seven thousand three hundred and sixty five dollars more or less shall be equally divided among my seven children viz; William, Thomas, David, Solomon, Caroline, Rebecca, and Elizabeth and further I order and direct that these seven children last above named shall each one have seventy dollars commencing one year after my decease with the elder one and paying yearly seventy dollars according to priority of age until each one of the said seven children shall have received this said sum out of the proceeds of the said farm on which I now reside if none of these seven children elect to take the said ninety seven acres of land aforesaid my Executors hereinafter named are hereby directed to sell or dispose of the same to highest and best bidder and make and deliver to the purchaser or purchasers thereof a good and sufficient deed or deeds securing the payment thereof with bond and Mortgage the sale thereof may be by public out cry or by private contract and the proceeds distributed equally as above directed any one or more of these my children dying without lawful issue his her or their share aforesaid shall be equally divided among the survivors or survivor of them and as the regards the notes or obligations which I hold on my several children all interest due and unpaid on them shall be counted and charged on them to the date of my decease at which time the interest on the same shall cease and as soon as convenient thereafter settlement shall be made. to my three sons John, Henry, and Daniel and to my daughter Catharine intermarried with John Kepple each one five dollars. which shall be the full portion as each one has been portioned in full previous to this time Further my will is that my son Zachariah or his heirs shall have a special care and regard over my son Eli and provide and give to him proper care and attention sufficient clothing bedding washing medicine and medical attendance during his sickness and at his death give him a christian funeral and erect a marble head and foot stone at his grave the said tract of land then will be the property of my son Zachariah his heirs and assigns forever And further and lastly my express will and meaning is and I do hereby order and appoint that if any difference dispute question or controversy shall be moved arise or happen concerning any gift bequest matter or thing in this my will given and bequeathed expressed or contained that then no suit or suits in law or equity or otherwise shall be brought commenced or prosecuted for or concerning the same but the same shall be refered wholy to the award order and determination of three honest upright and inteligent men within the vicinity hereof and what they shall order direct or setermine therein shall be binding and conclusive to all and eny person and persons therein concerned And I hereby appoint my two sons Zachariah and Solomon Executors of this my last will and testament In witness whereof I have hereunto set my hand and seal this sixth day of December in the year of our Lord One thousand eight hundred and seventy seven Henry Shaner (seal) Signed sealed published and declared by the above named Henry Shaner to be his last will and testament in the presence of us who at his request and in his presence have subscribed our names as witnesses thereunto Jonathan Sarver Alexander Gordon I Henry Shaner of Allegheny Township Westmoreland County and State of Penna do make this codicil to be taken as part of my last will and testament as follows viz: Whereas I have by my said will given to William, Thomas, David, Solomon, Caroline, Rebecca & Elizabeth each one seventy dollars out of the homestead farm I do hereby revoke the same and order and direct that each one as mentioned above shall be paid one hundred dollars instead of seventy dollars And further I direct that at any time during the natural life of my son Eli he shall not be well cared and provided for then he shall be put under the care of some person competent to discharge the duties as required in the foregoing will and the time trouble costs and expenses thereof shall be chargable to the proprietor of the old homestead In witness whereof I have to this codicil annexed to said will set my hand and seal this 28th day of April 1881 Henry Shaner (seal) Witness Alexander Gordon Jonathan Sarver And I further order and direct that the interest mentioned in the aforesaid will shall be reduced from six percent to four percent Witness my hand and sel this 28th day of April 1881 Witness Henry Shaner (seal) Alexander Gordon Jonathan Sarver Nov 14" 1881 Legally proved & approved same day recorded and Letters Testy issued to within named Executors who were sworn before me James Dennison Register Testator died Nov 6" 1881 between the hours of 9 & 10 PM