Will of Christian Shaner

Will of Christian Shaner, Colebrookdale Twp., Berks County, PA - Written Sep. 30, 1847. Inventory recorded January 29, 1848. Witnesses appeared February 7, 1848.

 

In the name of God Amen, I Christian Shaner of Colebrookdale township, Berks County and state of Pennsylvania, Do make this my last Will and Testament as follows to wit:

1st it is my will that all my just debts be paid by my executors as soon as convenient.

2nd I give and bequeath unto my beloved wife Maria for her own use and to be at her own disposal, two cows and two hogs of my stock, her choice, and all such and so much of my Household furniture, goods, beds, linens, plate, pictures, books, stove and household utensils, meal and meat as she may see proper to keep.

3rd I give and bequeath unto my said wife during her natural life time the House now occupied by my son Samuel to be kept in repair by the owner of my plantation.

Sufficient room in the spring house and smoke house, to accommodate her goods, the necessary privilege at the pump and bake oven, stable, room for her cows and swine, pasture and hay for two cows as good as those of the occupier of my plantation to e put in and out of stable and stable strawed and cleaned at all times when necessary and the privilege of having two hogs running at large and in the fields with those of the occupier of my plantation, one fourth part of the garden with manure hauled in sufficient to manure it as many apples and other fruit growing on my said plantation as she may want for her family use, also sufficient fire wood delivered convenient to her door. Also annually during her natural live time fifteen bushels of wheat, fifteen bushels of Rye, fifteen bushels of Indian corn, to e delivered at the mill or at her house as she may direct and also annually on the first day of April, One hundred and fifty dollars in money in each and every year of her natural live time---------------------------------

4th I give and devise unto my only son Samuel Shaner all that certain messuage or tenement plantation and tract of land whereon I now reside situate in Colebrookdale township aforesaid, adjoining lands of George Landis, Christian Stauffer, Maria Stauffer, John Borneman, Henry Boyer, Daniel Boyer, John Shaeffer and adjoining also a small lot of 1 acre 58 perches of land sold John Barleman Junior and also a tract of eight acres and 137 perches of land surveyed off along the line of Henry Boyer's land and others Containing one hundred and sixteen acres be it the same more or less---------------------------------------------------------------------------------------------------------------

Also a tract of chestnut timber and sprout land situate in Earl township Berks County bounded by land of John Stauffer, late Jacob Holder ---------[sic] Evans, and Martha Rutter containing twenty-one acres and 22 perches more or less (It being the Long Hill tract) together with all and singular the appurtenances, unto the said two tracts of land respectively belonging or in anywise appertaining---------------------------------------------------------------------------

To hold the same above mentioned and described messuage plantation and tract of 116 acres of land and the said tract of 21 acres 22 perches of timber and sprout land with their several and respectively appurtenances unto my said Samuel Shaner his heirs and assigns forever---------------------------------------------------------------------------------------

Also subject to the payment of ten thousand dollars in the following manner to wit; four thousand dollars part thereof to be paid to my estate one year after my decease and six thousand dollars the remainder thereof to be paid unto my estate one year after my said wife's death without interest-----------------------------------------------------------

5th I give and devise unto my daughter Maria Bryan widow of Dr. Joel Bryan, deceased, all that certain tract or piece of land situate in Colebrookdale aforesaid bounded by land of Daniel Moyer, Geo. Landes, Jacob Gottshall and land of Charles ruff containing eight acres and a half be it the same more or less. It being the residue of Guldin's tract-----------------------------------------------------------------------------------------------------------------------

And also a certain other tract of land situate in the same township, bounded by land of Jacob Guildin, Jacob Gotshall and John Shaeffer containing three acres and 139 perches more or less. It being the same tract which I hold by deed from Dr. Joel Bryan-----------------------------------------------------------------------------------------------------------------

To hold the said two tracts of land unto my said daughter Maria Bryan during her natural life time and after my said daughter's decease, I give and devise the said two tracts of land unto her children, to wit: Elevia Bryan, William Bryan, James Bryan, Mary Ann Bryan, Joel Bryan, Sarah Bryan, Samuel Bryan, Elizabeth Bryan and Morrison Bryan and to their respective heirs and assigns forever, as tenants in common and in case any or either of my said grandchildren should die under the age of twenty one years and without issue then and in such case the share or shares of such child or children so dying as aforesaid shall go to and be equally divided amongst the survivors of them.

6th It is my will and I do hereby order and direct that my said daughter Maria shall be charged with one thousand dollars for the said two tracts of land and shall be deducted from that part of her legacy which becomes payable after my said wife's decease without interest.

7th I give and bequeath unto my said daughter Maria Bryan a certain Mortgage dated 29th September 1847, and the Bond for five hundred dollars therein recited which I now hold under the hand & seal of my said daughter Maria Bryan as Administratrix etc. of her late husband Joel Bryan, deceased, upon a house and lot of one acre 52 perches of land in Colebrookdale (now occupied by the said Maria and her family) of which the said Joel Bryan died Intestate (being the same five hundred dollars which my said daughter Maria borrowed from me for the purpose of paying the debts of said decedent as directed by the Orphan's Court of Berks County) To hold the same to my said daughter Maria her heirs and assigns forever. Subject to the right and equity of Redemption of the Heirs of Dr. Joel Bryan and it is my will that my said daughter shall be charged with five hundred dollars for said Mortgage and bond and shall be deducted from her legacy which becomes payable first, after my decease without interest------------------

8th It is my will that the whole of my real estate situate in Colebrookdale township or elsewhere and not herein otherwise directed or disposed of shall be sold by my Executors or the survivor of them at public or private sale as may be thought most advantageous to my estate and also all my personal estate not herein otherwise dispose of.

9th I give and bequeath the whole of my estate not herein otherwise disposed of unto my four children to wit: Samuel Shaner, Sarah Allebach, Maria Bryan and Elizabeth Daub in equal shares - Except only that fifteen hundred dollars shall be deducted from the share to the said Maia Bryan as directed in the 6th and 7th clauses of this my will which will make them all equal.

9th[sic] It is my will that in case what I have herein given to my said wife should not be sufficient for her comfortable support and maintenance and attendance in health & sickness, that then my son Samuel shall from time to time give unto my said wife such sums of money as he may think proper and charge the same to my estate in the final settlement thereof with interest from the time he paid the same to my said wife or other persons for her use. All which legacies herein given to my said wife shall be in lieu and stead of her dower at common law-----------

And lastly I nominate constitute and appoint my said son Samuel Shaner and my said wife to be the Executors of this my last will and testament, hereby revoking and annulling all former Wills and declaring this and no other to be my last Will and Testament.

And now having disposed of my worldly estate to the best of my knowledge I commit my soul into the hands of my God in confidence of his mercy through the merits of my Savior Jesus Christ.

Christian Shaner {seal}
Signed, sealed, pronounced and declared by Christian Shaner as he last Will and Testament this 30th day of September 1847 in presence of us

Henry Stauffer
William K. Stauffer

Codicil of December 30, 1848

I Christian Shaner the Testator in the Annexed Will named dated the 30th day of September A. D. 1847 Do make this codicil to be added to my said will as follows to wit:

Being very desirous to secure a part of the legacy which I have bequeathed by my said Will to my daughter Elizabeth against losses for her comfortable support.

Therefore I do hereby order and direct that a part of the legacy bequeathed to my said daughter Elizabeth by my said Will and becoming payable one year after my wife's decease, to wit, One thousand dollars thereof shall remain a lien on the Plantation, devised to my son Samuel Shaner until paid and my said son Samuel Shaner or the owner of my said plantation shall pay the interest thereof at five per cent per annum annually to my said daughter Elizabeth during her natural life time for her sole and separate use and benefit exclusive of any husband and for which her receipt shall be sufficient discharge , the first payment of interest to be made two years after my wife's decease.

but in case the said interest should not be sufficient for her comfortable support and maintenance and attendance in health and sickness, that then my son Samuel or the owner of my said plantation shall from time to time pay out of the Principal to my said daughter such sums of money as she may think necessary and for which also her receipt alone shall be a sufficient discharge and my son Samuel or the owner of my said plantation shall always deduct the amount of money so paid to her on account of the principal from the said principal of one thousand dollars with interest from the time he paid the same to my said daughter and if any balance remains of said principal the same shall be paid to the children of my said daughter by my said son Samuel or the owner of my said plantation immediately after my said daughters decease. witness my hand and seal the 30th day of December 1847.

Christian Shaner

Witnesses
Henry Stauffer
William K. Stauffer

Codicil of October 30, 1847

I Christian Shaner in the annexed Will named (dated the 30th September 1947) do hereby make this codicil, to be added to my said last Will in manner following to wit:

Whereas in my said will I have given and devised unto my daughter Maria Bryan (amongst other things) two certain tracts of land during her natural life time and after he decease to her children etc. and directed that she should be charged with one thousand dollars for said two tracts of land to be deducted from that part of her legacy, which becomes payable after my wife's decease without interest.

And whereas I have on the 30th day of October 1847 made and executed a deed to my said daughter Maria Bryan conveying the said two tract of land to her during her natural life time and after her decease to her children as in and by said deed may more fully appear.

Now it is my will and I do hereby order and direct that one thousand dollars shall nevertheless be deducted from the legacy of my said daughter Maia Bryan as directed in my said Will for said two tracts, in the same manner as if I had not conveyed the same to her by the above recited deed.

Witness, my hand & seal the 30th October 1847
Christian Shaner

Witnesses present at signing
Henry Stauffer
William K. Stauffer

Berks County SS. On the 7th day of February A. D. 1848 appeared Henry Stauffer and William K. Stauffer the subscribing witnesses to the foregoing will and being duly qualified according to law did depose and say that they were present and heard Christian Shaner the testator in the foregoing will and codicils annexed, declare the same to be his last Will and Testament as also the codicils annexed thereto, and that at the time of so doing he was of sound mind, memory and understanding to the best of their knowledge and belief.

Isaac Ely, Register

Note: Christian Shaner was b. Oct. 25, 1772 d. Jan. 7, 1848 his wife Maria Shaner was b. March 3, 1771 d. March 22, 1866. Both are buried at Fairview Cemetery in Colebrookdale Township, Berks County, PA.

Source of estate images on line at Family Search, Berks County, PA estate file images( 1800-1850 Shade to Sheidy)
Begin Image No. 1125 and ending Image No. 1160.
 

Submitted by Betty.


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