Maidencreek Township, Berks County
Written: August 23, 1795
Recorded: June 4th 1798
Heirs: Mingle, Mengel
Others: Starr, Adam, Lightfoot, Barnet, Barranstine, Huy, Kline, Dewald
I Nicholas Mingle of Maidencreek Township in Berks County Pennsylvania, yeoman, being sick and weak in bodily health, but of sound and disposing mind, memory, and understanding, do make and publish this my Last Will and Testament in manner and form following, that is to say
First. My will is that all my just debts and funeral expenses be paid out of my estate by my executors as hereinafter directed.
Secondly. I give and bequeath unto my beloved wife Maria Mingle the whole use, rents, issues, and profits of my missuage houses, out houses, barns, stables, plantation and tract or tracts of land whereon I now live, situate in Maidencreek Township aforesaid, containing about two hundred and twenty acres, and allowance to be by her possessed and enjoyed until the fifteenth day of the fourth month 1801 one thousand eight hundred and one or until the expiration of her widowhood, if that should happen before that date, and that she shall with the rents and profits thereof pay my just debts according to contract & shall maintain and educate my minor children until they arrive to age suitable to go to trades. Also all the use of my personal estate till that time (viz. the fifteenth of the fourth month 1801 as aforesaid) Except that my said wife should Marry before said time or should move to her own house to be Built for her use as by me hereinafter directed or allowed, in either of which cases my will is that my personal estate shall be sold by my executor when she so Marrys or Moves except such part thereof as is by me hereafter particularly willed to her.
Thirdly. I give and bequeath to my said wife my black mare and a new side saddle and bridle, a cow such as she may choose out of my stock of cattle, two sheep and two pigs such as she may choose, also two swarms of bees, my tin plate pipe stove, a barrel, copper kettle, and iron pot, a kitchen dresser, two pewter dishes, three pewter plates and six spoons, a bed and bedding with curtains, a chest, a spinning wheel, and a bucket, to be by her possessed and enjoyed forever..
Fourthly. I also give and bequeath to my said wife during her natural life the following described piece of land Hereditaments and premises. Viz. Beginning at a post in a line of one of my tracts of land originally surveyed to a certain Moses Starr about five or six parches north west from a post the south east corner of my four acres tract of land or so far North west from said post as that a straight line will run, just above (but near to) a small ditch or water course and then cross the same near the turn or the point of a hill and cross a small run and another ditch to a wild cherry or Service tree that stands southward or southwestward from said beginning and from thence such a course to Henry Adams line as to include one acre of upland on the south side of a small run and piece of low ground that runs from said Adams' house and then along said Adams' line to the beginning. And my will is that she shall or may build a house on said piece of land and may procure necessaries for building said house on my present dwelling plantation. My will further is that she shall have and enjoy the use and profits of a small orchard near a small house on the east side of Maidencreek both which my will is shall be by her possessed and enjoyed during her natural life.
Fifthly. I do further will and order that my said wife shall have & receive off my said dwelling plantation yearly and every year after the said fifteenth day of the fourth month one thousand eight hundred and one if she shall then be my widow, the following several service articles and things. Viz. a ton of good hay yearly, where it is made hauled to her house and put away in good order to save also ten bushels of wheat, ten bushels of rye, ten bushels of buckwheat, and three bushels of Indian corn all well cleaned good and merchantable grain, which shall all be delivered to her at house on the twelfth month in each and every year, and the same shall also be taken to the mill (and when ground and bolted if needful to bolt) brought to her as she may need it by the person who may be the possessor of my said place, who shall give her six bushels of potatoes, five bushels of sweet apples when there are apples on said place, and when they are plenty she shall have ten bushels of winter apples yearly such as she may choose and shall have a barrel of good Sider from the press in the fall of the year, also six pounds of good well washed wooll and a good fat pig well butchered and cleaned weighing not less that one hundred and fifty pounds, with the fat of said pig, one quarter of an acre of flax in such part of the flax yearly growing on my said place as she may choose when the time for pulling comes. And shall provide and yearly give her one bushel of good salt and fifty bundles of straw hauled to be put in her stable and shall pasture her cow in the summer and fall with his cows and horses as she may choose, and shall also haul to her house a sufficiency of firewood for her to use and cut it short and suitable for her stove or fireplace and my will further is that two hundred pounds of the purchase of my said plantation shall lye and remain in the hands of the purchaser or purchasers of my said plantation who shall yearly pay the interest thereof to my said wife, Which with the Sundry Several articles and service comprised in this paragraph shall be done and paid to and performed for my said wife yearly during her Widowhood, and that the said two hundred pounds shall be paid at the Expiration of her said Widowhood or agreeable to agreement made at the sale of my said place into the hands of my executors or heirs.
Sixthly, I do further will and order that my executors or the survivor of them shall in the said fourth month in the year one thousand eight hundred and one, or at the Expiration of my wife's widowhood, which so ever shall first happen, Sell and dispose of my said plantation and Tract of about two hundred and twenty acres and allowance of land whereon I now live at public sale for the highest and best price they can get, Subject to my wife's living on the small piece of ground above mentioned During her Natural life, and also subject to the several other services to be paid to and performed for her as herein before mentioned. And I hereby give my full power and authority to my executors to make and Execute a deed or deeds to the purchaser or purchasers of my land aforesaid, to hold to him or them or his or their heirs or assigns forever, in fee simple, And my will further is that the monies arising from such lands and from the sale of my estate as aforesaid, shall be divided among and paid to all my Surviving Children in Equal portions, Excepting that I give and bequeath the sum of fifty pounds to my Son Abraham Mingle over and above an Equal Share with one of my other children.
Seventhly. I do also further will and order that as soon as money is received (after payments of just debts and funeral expenses) from the Sale of my Estate as aforesaid, that the shares of such of my children as may have attained the age of twenty one years shall be paid to them, and the shares or dividends of such who are under the said ages of twenty one years shall be put to interest, and that their said Dividends together with the Interest thereof be paid to them respectively when they attain to twenty one years of age as aforesaid.
Eighthly. I do further will and order that if any of my younger Children should Die under age leaving issue, that then the Share or Dividend of such children or Child so Dying shall be Divided in Equal Proportions and paid to such Issue, together with the Interest that may arise on the same before such Issue may be of Lawful age to receive the same.
And lastly I hereby Nominate, constitute and appoint my beloved wife Maria Mingle Executrix and my brother-in-law Stephen Barnet Executor of this my last Will and Testament, hereby revoking and Making Void all other and former Wills by me made, Ratifying and confirming this my last Will and Testament. In Witness whereof I have hereunto set my hand and seal, the twenty third day of the Eighth Month in the Year One Thousand Seven Hundred and Ninety five 1795.
Nicholas Mengel
Signed Sealed published and Declared by the said testator as his last will and testament In the presence of us, Who at his request and in his presence have Subscribed the same as Witnesses.
James Starr
Henry Adam
Thomas Lightfoot
Registers Office Reading in Berks County 4th June 1798 There appeared James Starr, on his solemn Affirmation, Henry Adam, on his Oath & Thomas Lightfoot, on Affirmation, Witnesses to the afore written Will, who did depose, declare and say that they were present together, and did see & hear Nicholas Mengel the Testator therein named sign seal publish pronounce & declare the same writing to be his last Will & Testament, and that at the time of the doing thereof the said Testator was of sound Mind Memory & understanding to the best of their knowledge & as they verily believe and that the names James Starr, Henry Adam, & Thomas Lightfoot are their own hand writing respectively, thereto subscribed as Witnesses in the presence of each other & in the presence & at the request of the said Testator.
Coram Me
Chris'n Barranstine reg.
To the Honorable the Judges of the Orphans Court of Berks County
The Petition of Maria Mengel Widow and relict of Nicholas Mengel Late of Maidencreek Township dec.
Honorably Showeth
That your Petitioner's Husband died Intestate some time since Leaving Considerable Real & Personal Estate, That Christina Mengel & Peter Mengel, two of the Children of the said Intestate are minors Under the age of fourteen Years and have no Guardian. & Therefore pray your honors to Appoint some Person as Guardian to take care of their Estate and she will Pray &.
Reading April 6, 1801
Mary Mengel (Her mark)
To the Honorable the Judges of the Orphans Court of Berks County
The Petition of Daniel Mengel one of the Sons of Nicholas Mengel late of Maidencreek Township in said County dec.
Humbly Showeth
That your Petitioner is a minor above the age of fourteen years and hath no Guardian to take care f his person & Estate therefore pray, your honors to admit him to make choice of a guardian & he will pray &
Reading April 6 1801
Daniel Mengel (His mark)
To the Honorable the Judges of the Orphans Court of Berks County
The Petition of John Mengel one of the Sons of Nicholas Mengel Late of Maidencreek Township in said County dec.
Humbly Showeth
That your Petitioner is a Minor above the age of fourteen years and hath no guardian to take care of his person & Estate therefore prays your honors to admit him to make Choice of a Guardian & he will pray &
Reading April 6 1801
John Mengel (His mark)
To the Honorable the Judges of the Orphans Court of Berks County
The Petition of Joseph Mengel one of the Sons of Nicholas Mengel Late of Maidencreek Township in said County dec.
Humbly Showeth
That your Petitioner is a Minor above the Age of fourteen years and hath no Guardian to take care of his Person & Estate therefore prays your honors him to make Choice of a Guardian & and he will pray.
Reading April 6 1801
Joseph Mengel (His mark)
To the Honorable the Judges of the Orphans Court of Berks County
The Petition of Mary Mengel widow and Relict of Nicholas Mengel Late of Maidencreek Township in Berks County dec.
Humbly Showeth
That at an Orphans Court held at Reading in and for Berks County on the 6th day of May Last Past, Isaac Huy was appointed guardian to the person and Estates of Christiana Mengel & Peter Mengel, Minor Children of the aforesaid Nicholas Mengel they being under the age of fourteen years, but the aforesaid Isaac Huy for reasons unknown to your Petitioner has and doth utterly refuse to take upon himself the Trust, Therefore pray your honors to appoint some other suitable Person as Guardian for said Minors for the purpose aforesaid and she will pray.
Sept 2 1801
Mary Mengel (Her mark)
To the Honorable the Judges of the Orphans Court of Berks County
The Petition of Christina Mengel a Minor Child of Nicholas Mengel
Humbly Showeth
That Philip Kline was Appointed Guardian to your Petitioner while under the age of fourteen years, but she being desirous to make Choice of some other person, Prays your honors to grant her the request and she will pray &
Reading Aug 9th 1803
Christina Mengel (Her mark)
To the Honorable the Judges of the Orphans Court of Berks County
The Petition of Peter Mengel a Son of Peter Mengel a son of Nicholas Mengel late of Maidencreek Township dec.
Setting forth
That of the 2nd Day of September 1801 on the Petition of Mary Mengel Mother of your Petitioner, the Court appointed Philip Kline of Richmond Township, Guardian to your Petitioner, he being a minor under the age of fourteen years at that time, he now begs leave to inform the Court that he is Above the Age of fourteen years & prays the Court to admit him to make Choice of a Guardian to take Care of his person & Estate and he will pray &
January 31 1806
Peter Mengel (His mark)
To the Honorable Robert Portor Esq. and his associates Judges of the Court of Common pleas of Berks County now comprising an Orphans Court in and for said County
The Petition of Peter Mengel Son of Nicholas Mengel late of Windsor Township dec'd
Respectfully Showeth
That your petitioner is a Minor above the age of fourteen years and that Jacob Dewald was appointed Guardian for his person and Estate who is since dead. Your petitioner therefore prays your honors to admit him to make choice of some other person for the purpose aforesaid and he will pray &
Peter Mangal
Submitted by: Mary Alice.
Last Modified