Last Will & Testament of Martin Hess
Transcribed by Steven Matthew
Hahn, 17 April 2009
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In the Name of God amen. I Martain Hess of Hanover township in Lancaster county and provence of Pensylvania being weak in body but of sound mind and memory blessed be God for the same do this seventh day of October In the year of our Lord one thousand seven hundred and seventy two in the first place recommend my soul to the hands of God that gave it and my body to the earth from whence it came, to be buried in a Christian like and desent maner and for my worldly estate is as followeth, that is to say in the first place, that all my moveable effects shall be sold at publick vendue except one horse and mear and two cows and one plow and plow irons and all the books in the house, for the use of my wife and children, as long [as] she remains singel and till my son Henry comes of age if she remains single so long and I do will and bquath that my wife Barbara shall have my plantation in her hand and power, to use and ocepye the same as she shall see fitt, for the use of her self and children as long as she remains single, or till my son Hery comes to age if she remains single so long and then if she should marry before my sone Henry comes to age my plantation shall be rented out by my Executors, till he comes to full age and then he the said Henry shall be full heir and inherryter of my plantation, he paying the sum of three hundred pound lawful money of Pensylvania to be paid in maner following that is to say, to pay in one year after his age the sum of twenty pounds yearly to the rest of the heirs the first year to the oldest the first twenty pounds, and the next year to the next oldest, and so every year to the next oldest the sum of twenty pounds till two hundred pounds is paid, one hundred pounds of above three hundred to remain in my son Henrys hand till after my wifes death, and to meaintain his mother in a Christian and deasant maner, and if his mother cannot live well and peasably with him he shall build a good suffishant house fitt for a woman of her age to live in, and give to his said mother yearly and every year as long as she lives eight bushels of good wheat and four bushels rie and one cow suffishantly keep winter and sumer, and one fatt hogg of a hundred pounds weat, and to soe a quarter of an acre of good ground with flaxceed for her every year, and give his mother the third part of the garding truck every year, and the third part of the apples, but if my wife Barbara should chance to mary, then my son Henry shall be free from all the above mentenances by paying to his mother the sum of six pounds yearly and that, hundred pounds mentioned to remain in my son Henrys hand till after his mothers death shall be paid in maner following, that is to say, he the said Henry shall pay to my son Mathias the sum of twenty pounds and the other eighty pounds to be paid in three payments yearly and to be equally devided among all my children, after the above mentioned two hundred pounds, is paid But if my son Henry should chance to die or not be able to keep the plantation then the next of my children that is able shall have the above power that I have given him and further I do hereby make and ordain, my true and loving wife Barbara and Charles Shade my true and absolute Executors In witness whereof I the said Martain Hess have to this my last will and testament set my hand and seal the day and year first above written, signed sealed and delivered by the said Martain Hess as and for his last will and testament, in the presents of us who were present at the signing and sealing hereof
James Rafter Martin
Höß
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Be it remembered that I the within named Martain Hess do make and ordain Mathias Bisore a true and lawfull guardeen for two of my children, Mathias and Margaret and I do hereby alow my Executors to make seal of my moveables at the best maner the[y] can in witness whereof I the said Martain Hess have before these witnesses hereunto sett my hand and seal this seventh day of October one thousand seven hundred and seventy two viz, 1772
Signed sealed and delivered in the presents of
James Rafter Martin
Höß
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Lancaster County Pa On the Twelth day of January Anno Domini 1773 Before me the Subscriber Personally appeared the above & within Named Henry Brunner & James Rafter the two Subscribing witnesses to within Will & Above Codicil and the said James Rafter on his Solemn Affirmation According to Law and the said Henry Brunner on his Corporal Oath Did declare & say that they were present & saw & hear Martin Hess the Testator Above & within Named Sign Seal Publish Pronounce & declare & within Will & Above Codicil as & for his last Will & Testament & that at the doing thereof he was of Sound mind Memory and Understanding to the best of their knowledge Observation and Belief
Edw Shippen Register
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Be it remembered that on the Twelth day of January Anno Domini 1773 The Last Will Testament & Codicil of Martin Hess late Hanover Township in the County of Lancaster Yeoman deceased was proved in due form of Law & Letters Testamentary were granted to Barbara Hess & Charles Shade the Executors therein Named they being first duly Qualified well and truly to Administer the Estate of the Testator and to exhibit into the Register Office at Lancaster a true and perfect Inventory thereof on or before the Twelth day of February next and to render a true & just Account of their Administration when thereto lawfully required given under the Seal of the said Office
Edw Shippen Register