Last Will and Testament of Gabriel Hiester

Bethel Township, Berks County PA

Written March 12 1852 Recorded 1874

Heirs Hiester, Zerbe

Others Klar, (witness), Keener and Herbine (guardians)

In the name of God Amen.

I the undersigned, in Bethel Township, Berks County state Pennsylvania; although I find myself in good health now, but consider, that it is appointed for everyone to die, and that it is uncertain when the voice of the creator calls us from this world, So I make and declare this, while I am yet of sound mind, memory and understanding, for which I thank God heartily, to my will and testament.

As concerning my worldly property, I order and bequeath as follows: First, My hereafter named executors shall in a convenient time after my decease, sell all my personal property (what is not bequeathed to my wife Catharine) at public sale, and convert to money, and all my just claims, as bonds, notes, bookdebts, my executors shall collect, This all as well as my cash money at hand, shall be divided among my 8 children in equal shares; namely Joseph, Benjamin, Michael, Moses, Hannah, John, David, Henry; But those to whom already some inheritance is given, as is to be seen in my family book, this shall be deducted from their first portion. My books, my children shall divide among themselves, but my wife Catharine shall have the first time to take those that she chooses. Also my clothes they shall divide among themselves, or give to the poor, but not sell them.

2ndly It is my will and order and I bequeath unto my wife Catharine, for the time of her life, my small plantation containing 66 acres of land, besides (or with) the buildings belonging thereto, as also 2 beds with what belongs thereto, the stove with pipe, house-clock, house and kitchen utensils, what she chooses. This I bequeath unto her for her third portion. After her death my surviving executors shall sell this real and personal at public sale, and the proceeds thereof divide equally among my 8 children.

3rdly My chestnut woods or shoot containing 6 acres, my executors may sell at public sale at any time when they think it suitable, yet with the provision the majority of those (who are of age) are satisfied.

And lastly I nominate my 3 sons, namely Joseph, Benjamin, and Michael as executors of this my last will and testament. I have written this with my own hand and affixed my name and seal so done. The year of our Lord Jesus Christ, one thousand eight-hundred fifty-two the twelvth day of March.

I declare and acknowledge this as My last will and testament in presence of

Michael Hiester Michael Klar

I the undersigned do hereby certify the forgoing to be a true and correct translation of the last will and testament of Gabriel Hiester deceased.

H.C. Croll

Joseph Hiester and Michael Hiester the executors of Gabriel Hiester late of Bethel Township said County being duly sworn doth deposed say that the said Gabriel Hiester died in Bethel Township Berks County Pennsylvania on the 21st day of February A.D. 1872 at about 12 O'Clock Midnight.

Sworn and subscribed before me this 17th day of August A.D 1774

John Resch
Justice of the peace

Guardianship request

To the Honorable the Judges of the Orphans Court of Berks County

The petition of Henry Zerbe and Amelia Zerbe respectfully representeth

That they are minor children of Hannah Zerbe who is a daughter of Gabriel Hiester late of Bethel Township Berks County deceased, over the age of fourteen years, That they have no person legally authorized to take charge of their estate rising out of the estate of their Grandfather Gabriel Hiester. They therefore pray your Honorable court to permit them to make choice of a suitable person for that purpose. And they will ever &c.

Contributed by: Mary Alice.

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