Last Will and Testament of Jacob Miller

Windsor Township
Written 1825, Recorded 7 November 1828

Heirs: Miller
Others: Shoemaker, Richard, Hiester

In the name of God amen, I Jacob Miller of Windsor Township in the County of Berks Yeoman, being in perfect health of body and of sound mind memory and understanding, but considering the uncertainty of this transitory life, so make and publish this my last Will and Testament in manner and form following to wit:

First, It is my will and I order and direct the payment of all just debts due by me at my decease, and such funeral expences as my arise from a decent burial of my body.

Item. I give and devise unto my son Benjamin his heirs and assigns (if the same shall not be assigned to him before my decease by deed or assignment) all that certain tract of land on the little Mahonoy Creek in Schuylkill County, adjoining late Charles Shoemaker & others, containing four hundred and forty acres, be the same more or less with the appurtenances, in lieu of such services rendered to me by him the said Benjamin.

Item it is my will and I do hereby order and direct that after my decease, so soon as circumstances admit, my Executor herein after named (or such person or persons who may be duly charged with the execution of this my last Will & testament in case of death resignation or otherwise of my Executor) shall sell or dispose off to the best advantage, all my real, personal, or mixed property, for ready money, (excluding the land devised herein before; and such wearing apparel as my belong to me at my decease, which said apparel I devise may be distributed among my sons) and after payment of debts, funeral expenses and such charges arising out of the due execution of this my said last Will and testament, I give and bequeath the residue thereof as follows to wit, to my son Jacob the Sum of One hundred dollars, which with each other sums heretofore received out of my property shall be in full for his share in my estate. And the rest and residue thereof I give and bequeath unto my children or their representatives in equal share, with the exception hereinafter mentioned. That is to say after the payment of one hundred dollars as aforesaid to my said son Jacob, then the residue to which shall be added two hundred pounds and deducted from my son Daniel's share, shall be divided in six shares, and one full equal share I give and bequeath to my daughter Catherine, one other full equal share to my son Philip, one other full equal share to my daughter Margaret, one full equal share to my son Samuel, one other full equal share to my son Benjamin, and one other full equal share (after deducting the said two hundred pounds, which he has already received from me) shall be paid to a trustee who I shall hereinafter constitute and appoint, for the benefit and behoof of my said Son Daniel.

I hereby authorize and empower my Executor to convey by good and sufficient conveyances all my lands directed to be sold by virtue hereof, unto the purchaser or purchasers thereof.

I hereby nominate, constitute and appoint my friend Samuel Shoemaker, a trustee of the Estate of my said son Daniel, and desire that he may vest the share of the said Daniel in such real estate whereon my said son Daniel and his family may reside, and so long as the rents issues and profits of the same is applied to the maintenance and support of the said Daniel and family , it is my desire that my friend Samuel Shoemaker suffer him and them to enjoy the same, but in case the said rents issues and profits of said premises be misapplied then and in such case I devise the said trustee to otherwise lease the same to some other reputable person and collect and apply the same to the welfare of the family of my said son Daniel, and from and after the decease of my said son Daniel I give and bequeath the said share to the heirs and representatives of my said son Daniel, share and share alike. And in case of death, resignation or refusal to act as trustee by him the said Samuel Shoemaker, in such case I nominate constitute and appoint my son Benjamin in lieu thereof.

And lastly I nominate constitute and appoint my said son Benjamin to be the Executor of this my last Will and testament, hereby revoking all other wills, legacies and bequests by me heretofore made and declaring this and no other to be my last Will and testament. In witness whereof I have hereunto set my Hand & Seal, the twenty seventh day of April one thousand eight hundred and twenty five.

Jacob Miller

Done in the presence of

Matthias V Richard
Danl J Hiester

Submitted by: Mary Alice.


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