Wills: Mich'l Bucher, Sr, 1829: Heidelberg Twp,York County Contributed for use in US GenWeb Archives by George W. Marshall GEOMAR@concentric.net US GENWEB 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. Ref. Will Book J page 31-38, York County, PA Testament & last Will of Mich'l Bucher, Sr, 1829 York County, Pa In the name of God amen, I Michael Bucher, Sr, of Heidelberg township, in the county of York, and State of Pennsylvania, being in good health of body and of sound disposing mind, memory and understanding, but considering the uncertainty of this transitory life, do make and publish this my last will and testament in manner and form following to wit: It is my will, I order and direct that all my just debts and funeral charges be paid off and discharged as soon after my decease as convenient may be. Item, I give and bequeath unto my beloved wife Elizabeth, the sum of three hundred dollars, lawful money, to be paid unto her by my Executors herein after named as soon as convenient may be after my decease, I further give and bequeath unto her all my Books, my house clock and case, my ten plate stove and pipe, all the tables, chairs, benches, and also such, or so much more of my house and Kitchen furniture, Beds, and farming utensils as she may choose for her housekeeping & also my Dearborne waggon, two cows and two hogs out of my stock, all her choice, also all our flax, tow, wool, linnen and yarn, & six meal bags, and all the flour, corn, chop, stuff-meat lard and salt, and all other necessaries of life on hand at my death, and all my wearing apparel. All the aforesaid articles my dear wife shall have over and above that which I shall give unto her herein after, without any charge. Item, and further I mention that I have divided this my Dwelling plantation, situate in Heidelberg and Berwick townships, in the Counties of York and Adams. And I give, devise and bequeath unto my Son John, the lower part of this my said dwelling plantation, with the appurtenances, containing seventy six acres and one hundred thirty nine perches of land, meet measure, to hold to him, his Heirs and assigns for ever provided he shall pay out, as an equivalent for that which I have allowed him in the premises, the sum of fifteen hundred dollars unto my other children as will be herein after named and directed, in annual payments of one hundred dollars, the first of which payments to be due and paid on the first day of April which will be in the year of our Lord one thousand eight hundred and thirty one & annually one hundred dollars till paid; and also yielding and delivering five Bushels of good wheat and five bushels of rye annually out of said land unto my wife during her life time. Item And further I give devise and bequeath unto my son Jacob all the remainder of this my said dwelling plantation with the appurtenances containing Ninety Acres, one hundred perches of land, meet measure, and my woodland situate in Manheim township in the said County of York, being ten Acres, more or less, to have and to hold to him, his Heirs and Assigns for ever -- Subject to the following payments, liberties, privileges and articles of maintenance, all which I have considered an equivalent for that which I have allowed him in the premises: First, he shall pay out fifteen hundred dollars lawful money unto my other children as will be herein after named and directed, in annual payments of one hundred dollars, the first of which payments to be due and paid on the first day of April, which will be in the year of our Lord one thousand eight hundred & thirty one, & annually one hundred dollars till paid, and my dear wife Elizabeth to have and possess the half part of my dwelling house which we now occupy, during her lifetime, or so long as she remains my widow, for her use, and for the use of my two children, vs: Michael and Elizabeth so long as they continue to be sole, and provided the said Michael and Elizabeth or either of them shall continue to be sole after the death of my wife, they, or either of them to have the said half part of my house with all the necessary privileges in and about the same so long as they, or any of them shall continue to be sole, with out any charge, and my son Michael to have in addition to the privilege before mentioned, his work shop which he now uses and a full right to carry on his trade on the said premises without any hindrance or charge against him so long as he is sole as aforesaid, but as soon as the said Michael and Elizabeth, or either of them shall marry, his, her, or their dwelling privilege shall cease, and he or she so marrying must leave the premises. -- And further my said son Jacob, his Heirs or assigns, shall give and deliver unto my dear wife Elizabeth, out of and from the said land annually, five bushels of good wheat, even so much rye, and ten bushels of corn and so much potatoes as she may want for her use, one barrel of good cyder, summer and winter apples, pears, peaches & if fruit be, so much as she may want for her use; the third part of the chickens that shall be kept on the premises and eggs if required for her use, firewood ready cut for stove and bakeoven use delivered to her door so much as she may want and when required; two cows to be kept in a good stable and fed with good fodder, and put into the same fields to pasture with and as good as his or their own, also to give unto her annually eighty pounds good beef, five pounds tallow, two bushels salt, ten pounds hatcheld flax, five do. tow six do. good wool after being washed and pickd and straw for littering her cattle and hogs & a horse fit to go in the dearborne hitched and brought to her door when required.-All the before mentioned quantity of grain directed to be given and delivered to my wife by my said sons John and Jacob, shall by them, be put to mill if and when required, and when ground brought home and put into her dwelling. And provided my said wife should be sick by disease or through age and infirmity unable of helping herself, that then she shall have proper care and attendance given her by my said son Jacob, his Heirs or assigns, and pay the Doctor bill/ if any and funeral expenses, and after her death three men shall be appointed on oath or affirmation to value the trouble, Doctor bill and funerals, and my son John, his heirs or assigns shall repay one half of the amount thereof unto my son Jacob, his heirs or assigns. But I mention that there is a graveyard or burying place on the land hereby given and bequeathed to my son John and my will and meaning is that the same shall be kept as such to perpetual successions free for all persons who shall be willing to aid in repairing and cleaning the same, and therefore I do give and grant the said graveyard and burying place so as the same now is inclosed, to my said sons, John and Jacob, there heirs and assigns for ever-- in trust for the use of a burying place for all such persons as aforesaid, excepting poor persons which shall at all times have the privilege of being buried or to bury their dead gratis, and all the grants, gifts and devises herein before made of my said lands, shall also be subject to the keeping in repair and cleaning of the said graveyard, and that a free passage shall at times be allowed through the said several portions of land by my said sons John and Jacob, their heirs and assigns, any thing to the contrary herein contained not withstanding--- Item/ It is my will I order and direct my Executors herein after named, to sell the remainder of my real Estate, situate in Stark County in the state of Ohio, viz: the North west quarter of Section No. 36 of township 20, range 7, to the best advantage by public or private sale, as soon after my decease convenient may be, or after the expiration of a certain lease or demise for the same granted by Henry Waltman, my attorney, unto a certain-- Heidich for a term of years, together with all the remainders of my personal estate not herein disposed of otherwise, by public sale, and the money arising therefrom to be divided among all my children, viz: John, Michael and Jacob, Mary, intermarried with Henry Waltman and Elizabeth, but as I have heretofore advanced some of my children in small sums of money, house furniture and other articles for which they stand charged in my book, and my will is that all my children shall first be made equal, as to the several portions advanced as mentioned in my said book and after they are made equal as aforesaid, my daughter Elizabeth shall have two hundred dollars in advance to be paid unto her as soon as convenient, for services which she has rendered to me and my family since she attained her lawful age, and the remainder of the proceeds of such sales for all my estate, real and personal, which is directed to be sold, shall be equally divided among all my said children, share and share alike.--- Item/ And further I mention, I will and direct that the money which my said sons John and Jacob shall pay out for their lands shall be paid as follows: The first payment of one hundred dollars each, becoming due in the year of our Lord one thousand eight hundred and thirty one, as aforesaid shall be paid unto my Daughter Mary or her representatives, and the next annual payments of one hundred dollars each shall be paid unto my son Michael, or his representatives, and the other next annual payment of one hundred dollars each, to be paid unto my daughter Elizabeth or her representatives, and the further next payments of one hundred dollars each to be paid to my said Daughter Mary etc in rotation till each of them the said Mary, Michael and Elizabeth shall have received the sum of one thousand dollars from my said two sons, John and Jacob their heirs or assigns. Item, and further I mention that I have executed deeds of conveyance to my said sons John and Jacob for the lands herein given and bequeathed to them as aforesaid and that the said sum of fifteen hundred dollars which each of them shall pay out is made the consideration sum in said deeds, and that I have not received the same as appears by the acknowledgement thereof, and my will and meaning is that the said deeds shall remain and be kept in the hands of a third person as an escrow or scroll unto each of them the said John and Jacob, their heirs or assigns shall have fully paid or otherwise sufficiently secured to be paid, granted, performed and delivered the said sum of fifteen hundred dollars as also each of his respective share of the articles of maintenance and services to be rendered and the dwelling privileges to my widow and other children as aforesaid, and after which said payments, grants, performances and privileges so being made or secured as aforesaid I declare the said deeds to be legal and available to all intents and purposes.-- And I do hereby authorize and empower my Executors herein after named or any of them to execute deeds of conveyance for all my real estate directed to be sold to the purchasers thereof as fully and amply as I myself might or could do if living.--- And lastly, I nominate constitute and appoint my Sons Michael, John And Jacob to be the executors of this my last will and testament, hereby revoking all other wills by me made heretofore, ratifying and confirming this and no other to be my last will and testament. In Testimony whereof I have hereunto set my hand & seal the thirty first day of December A.D. one thousand Eight hundred & twenty nine.--- Signed, sealed, published, pronounced and declared by Michael Bucher the above named testator in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses hereunto. John Bucher Henry Bucher Proof ____________________________________________________ Pennsylvania York County SS Before me George H. Small Deputy for Jesse Spangler Esq Register for the probate of wills and granting letters of Administration in and for said county, came John Bucher and Henry Bucher the subscribing witnesses to the foregoing will (written on two sheets of paper) and on their solemn affirmations do severally say that they were personally present and saw and heard Michael Bucher Senr. sign his name unto and seal publish, pronounce and declare the said instrument of writing as and for his last will and testament, that at the time of the doing thereof the said Michael Bucher senr. was of a sound and disposing mind memory and understanding to the best of their knowledge and belief, and that they both subscribed their name as witnesses in the presence of the said testator, and at his request. Affirmed and subscribed John Bucher before me at York the Henry Bucher 6th day of February A.D. 1832 Geo. H. Small Dy Regr. Ref. Will book Q, page 419, York County, PA