Last Will and Testament for Johannes Peter Faust

Heidelberg Twp.
1763-1840

I the name of God-Amen

I Peter Faust of Heidelberg Township in the county of Berks and State of Pennsylvania, Yeoman, being in perfect health of body and sound in mind, memory and understanding but considering my advanced age and the uncertainty of this transitory life, do make and publish this my last will and testament in manner and form follow to with: Hence, I give and devise unto my son William Faust and to his heirs and assigns forever all that certain mesuage tenement and tract of land situate in Heidelberg Township aforesaid adjoining lands of Adam Spohn, Jonathan Ruth, Isaac Addams and others containing one hundred and twenty acres more or less. And also the following described tract of land or Plantation which I bought from the Executors of Christian Richards deceased, Beginning at a stone in a line of Adam Spohns lands and at a corner of the tract of land or Plantation which was conveyed to me by my father, the above described thence Northwestwardly by the line of said Adam Spohn sixty-six perches to a stone (formerly a Hickory) at a corner of John Ruths land, thence by same southwestwardly forty-seven perches to a stone, thence into the tract which I bought of the Executor of Christian Richards dec. Southwardly to a stone, thence southwestwardly by west fifty-five perches to a chestnut tree, thence southeastwardly by south thirty perches to a white oak at a corner of John Gaubers land, thence along the line of the Plantation which was conveyed to me by my father, north eastwardly by east one hundred and twelve perches to the place of beginning. Containing thirty-eight acres more or less, to have and to hold the said two tracts of land, with the appurtenances unto him the said William Faust and to his heirs and assigns forever, .ON CONDITION nevertheless that my said William shall hold the said premises subject to the payment of twenty-five hundred dollars to my other five children, namely Daniel, Adam, Isaac, Sally and Anna the wife of Israel Moyer or to their heirs or assigns in manners following to wit:.Two-hundred dollars in one year after my decease, and then two-hundred dollars at the expiration of every year there after until the whole twenty five hundred dollars are paid. These installments as they become due shall be equally divided, share & share alike between my said five children or their heirs, but since my son Adam owes me one hundred and sixty five dollars rent, his dividends or shares of said installments shall be retained or withheld from him until the said rent is paid and then not before he shall fall into receive his yearly dividends in equal shares with the rest. And my said son William shall hold the said premises upon condition. Also that he pays unto my grandson George Faust (a son of my son Daniel) one hundred dollars so soon as he arrives at the age of twenty one years, which said sum of one hundred dollars, I do hereby give and bequeath unto my grandson George Faust and to his heirs and assigns. Then... I do hereby order and direct that my Executor here in after named and appointed, shall immediately after my decease, expose to sale by public auction or outcry the remainder of my real estate (in case I shall not sell the same in my lifetime) consisting of the remainder of the tract which I bought of the Executors of Christian Richards dec. situate in said Heidelberg Township, adjoining John Ruth, John Gruber and others, containing sixty acres more or less, and also all my personal goods of whatever description the same may be and shall sell the same to the highest bidder-Excepting nevertheless my wearing apparel, these shall not be sold, but the same shall be equally divided among my four sons as can be done. The proceeds of the sale of my said real estate, as well as of the said goods, together with the one hundred and sixty five dollars rent owing by my said son Adam, and all and every other part of my estate not herein before otherwise appropriated shall first be applied toward the payment of my just debts and other necessary expenses towards selling my estate. and in case there should remain a surplus the same shall be divided in equal share among my six children or their heirs.

Then......My will is and i do hereby order and direct that in case any of my above named children should be so much dissatisfied with the disposition or distribution of my estate in manner above and within directed, so as to induce them or any of them to bring , commence or occasion a lawsuit regarding it, then said disputing children shall only receive five shillings and no more for a full share out of my estate, and then such childs or children shall share equally divided or among such of my children who remain peaceable.

Lastly......I do hereby constitute and appoint my said son William sole executor of this my last will and testament with power to execute lawful deeds of conveyance for any lands he may sell by virtue of this will.

In witness whereof i have hereunto set my hand and seal this nineteenth day of October one thousand eight hundred and thirty six.

Johann Faust

1840

Submitted by Wayne.

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