In the name of God, Amen, I Benjamin Schmeck of the City of Reading, in the County of Berks and the State of Pennsylvania, being of sound, mind, memory and understanding, do make and publish this my last will and testament, Hereby revoking and making void all former wills made by me at any time heretofore made.
And first I direct that my body be decently buried and that my funeral be conducted in a manner corresponding with my situation in life, and that my just debts and funeral expenses be fully paid and satisfied by my Executor herein after named as soon as conveniently may be after my decease.
Item. I give and bequeath unto my beloved wife Mary Schmeck, all my household furniture and all my other – personal property, and the use and the occupancy of so much of the house as we now occupy, also one half of all the income of my plantation during her natural life, or so long as she remains my widow, she paying all the taxes which shall be assessed on said plantation/ Should she marry again, then she shall deliver to my executor hereinafter named all my personal property and the use and occupancy of the house and all the income from said plantation, which was directed to be paid to her shall cease to be paid unto her, but she shall receive in lieu there of and as dower the sum of twenty dollars, which sum of money shall be paid to her annually during each and every year of her natural life, by my Executor thereinafter named out of the income of the said plantation.
Item. I direct that my Executor hereinafter named shall cultivate and farm the plantation aforesaid for in the shares, that is for one half of all the product of said plantation, the said share is one half of all the produce of said plantation shall be delivered or paid over to my said widow, by my said Executor, during her natural lifetime or so long as she remains my widow my Executor hereinafter named shall also keep or feed two cows for my widow, the cows shall be fed and pastured the same as his cows are fed and pastured. Should my widow marry again then all privileges shall cease which are granted to her as long as she remains my widow.
Item. I direct that my Executor hereinto named, with the consent of my widow, may at any time after my decease sell said plantation for such sum of money as they find to be for the best interests of my heirs, and all monies arising from the sale shall then be invested in the purchase of other real estate. Should my Executor and my widow make sale of my plantation they shall have full power and authority to sign, seal, execute and acknowledge all such deed or deeds of conveyance, as may be requisite and necessary for the granting and assuming the same purchase or purchases there in fee simple, and it shall not be lawful for my Executor hereinafter named, to sell any real estate as long as my widow lives and to distribute the proceeds there of amongst my heirs.
Item. I direct that if my widow shall marry again the my Executor hereinafter named shall have the whole of the income of my said plantation during the natural life of my said widow, and he shall pay unto her the aforementioned sum of twenty dollars and all the taxes which shall be assessed on said plantation, and he shall keep all fences in good order and make all necessary repairs which may be required from time to time and pay the same out of the proceeds on income of said plantation.
Item. I direct that after the decease of my widow all my personal property and my plantation shall be sold at public sale by my Executor hereinafter named to the highest and best bidder, and he shall have full power and authority to sign, seal, execute, and acknowledge all such deed or deeds of conveyance as may be requisite and necessary for the granting and assuring the said to the purchaser or purchasers thereof in fee simple.
Item. I direct that after my plantation has been sold my Executor hereinafter named shall receive one thousand dollars as compensation for services as Executor, and the remainder of the money shall be divided amongst my three children share and share like, namely James, Washington Schmeck, Catherine intermarried with George Foose and Isabella intermarried with Franklin Bernhart. Last should any of them have died before such distribution is made then it shall be divided amongst the heirs of such deceased child.
Item. I do hereby constitute and appoint my son James Washington Schmeck sole Executor of this my last will and testament. In witness whereof I, Benjamin Schmeck, the testator, have to this my will written on one sheet of paper set my hand and seal this Twenty First day of March A.D. One Thousand Eight Hundred and Seventy One.
Benjamin Schmeck (seal)
Signed, sealed, published and declaring the above named Benjamin Schmeck as and for his last will and testament, in the presence of us, who have hereunto subscribed our names as witnesses thereto, in the presence of the said Testator, and of each other.
George Whitaker
Daniel S Zacharies
Registers Office Berks County ss:
On the 14th day of August A.D. 1871, Personally appeared before me the subscribers David S. Zachiras and George Whitaker, the subscribing witnesses to the foregoing will, being duly sworn according to law did depose and say that they were present and did see and hear Benjamin Schmeck the testator sign, seal, publish and declare the foregoing Instrument of writing as and for his last will and testament that at the time of so doing he was of sound mind, memory and understanding to the best of their knowledge, observation and belief.
H.S. Getz
Register
Contributed by: Michelle.
Last Modified