Source: Berks Co., PA Will Records, Vol 2, p. 257.
Sebastian Zimmerman died Aug 11, 1776 Maxatawny
Memorandum: I, Sebastian ZIMMERMAN, of Maxatawny Township, in the county of Berks, Province of Pennsylvania being at the present time infirm of body, but blessed be God, of sound mind, memory, understanding and calling to mind, the uncertainty when I may please my Lord and Saviour Jesus Christ to take me out of this mortal life into the eternal rest have thought and requisite and convenient to settle my worldly affairs, In the best manner I am able to the end. My beloved wife and children may enjoy the substance wherewith it as pleased God to prosper my honest endeavor, and industry in peace and love, and to make this my last will and testament in the manner following, that is to say:
1st it is my will that all my just debts and funeral expenses be duly paid off and discharged. And I nominate and appoint my well beloved son Abraham and my son-in-law Jacob MECHLIN of Colebrookdale Township in the said county of Berks, said for to be my executors of my last will and testament and I do give and bequeath to my dear and well beloved wife, Anna Elizabeth, such of my household furniture, and linen as she shall se fit to choose out of the whole of her own use together with all the bonds, notes, books, debts, and ready cash. I shall die possessed of, without any accord thereof to be rendered to my executors or children for the same for I will but put her under their control, and as for and concerning all the rest and residue of my goods, chattels, effects, and personal estate whatsoever and wheresoever it is my will that my said executors do sell and dispose of the same and turn it into cash, with the convenient speed after my decease, and as for and concerning the net proceeds thence arising I do give and bequeath one equal third part thereof the whole into three equal parts to be divided unto my dear wife Anna Elizabeth, and the remaining two thirds into and amongst all my daughters, namely: Maria, the wife of Jacob MECHLIN aforenamed, Catherine, the wife of Joseph GROSS, Elizabeth, the wife of Andreas ESCHENBACH, Susannah, the wife of John GROSS, Esther, the wife of William GREER, Sarah ZIMMERMAN, Rebecca, the wife of John ESCHENBACH: part and share alike. And I do give, bequeath, and devise, unto my said son Abraham, a certain tract of land situate in Maxatawny Township aforesaid, part of the land I purchased of the late Casper WISTER, deceased, bounded and described as followeth: that is to say beginning at a post in the line of the said Abraham's other land and thence extending by the same South 80 degrees West 69 perches, to a corner marked Sassafras sapling thence by the land of David HOTTENSTEIN, North 10 degrees West 36 perches to a post in the line of Nicholas CUTT's land thence by the same 80 degrees North 69 perches to a post, thence by other part of my land intended to be hereby devised to my son Jacob: South 10 degrees east 36 perches to the place of beginning, containing by computation 15 acres and 84 perches or thereabouts to be the same more or less. Together with the appurtenances to hold to him by my said son Abraham, his heirs and assigns, forever which I do hereby will and ordain shall be in full of his share, or other expectancies, out of my estate and not otherwise; and I do give, devise, and bequeath unto my son Isaac, a certain tract or piece of land situate in Maxatawny Township aforesaid part of the land I purchased of the said Casper WISTAR and described as followeth, that is to say beginning at a post in the line of my said son Abraham's land and thence extending by the north 10 degrees west 322 perches to a corner marked hickory tree, thence extending by my other land hereby intended to be devised to my said son Jacob, North 80 degrees East 43 perches to a post and north 10 degrees West 54 perches to a post. A corner of John Siegfried's land and thence extending by the same North 80 degrees, East 102 perches, to a stone, thereby the same and land of John William GROSS south 10 degrees East 176 perches to a corner marked black oak and continuing thence by the same John GROSS land, South 80 degrees, West 106 perches to a post, and South 9 and three fourths of a degree East 200 perches to a stone in the line of my other land and thence by the same South 80 degrees West 39 perches to the place of beginning, containing by computation 193 acres and 118 perches, or thereabouts. Be the same more or less together with the buildings and appurtenances, thereunto belonging to hold to him my said son Isaac, his heirs and assigns forever upon this express condition nevertheless that my said son Isaac do immediately after my decease enter into unexceptional security by bond, for payments, to my said executors of the sum of 700 pounds lawful money of Pennsylvania, in manner following, that the that is to say 100 pounds part thereof, in one year next after my decease, and the like sum of 100 pounds annually until the whole sum of 700 pounds to be fully paid, and I do give, devise, and bequeath unto my son Jacob all that message and tenement and tract of land hereunto belonging situate in Maxatawny Township, aforesaid being the plantation where I now live, bounded and described as followeth, that is to say: beginning at a corner marked white oak and thence extending partly by the land of John SIEGFRIED and partly by the land above devised unto my said son Isaac South 10 degrees East 214 perches, to a post and South 80 degrees West 43 perches to a corner marked hickory tree, a corner of my said son Abraham's land thence by the same North 75 degrees West 28.5 perches to a post, North 44 degrees West 9 Perches to a marked White Oak and South 80 degrees West 49 Perches to a post, thence partly by said Abraham's land and partly by Nicholas Cutt's land, North 10 degrees West 196 perches to a stone in a line of my other land, and thence by the same North 80 degrees East 122 perches to the place of beginning, containing by computation 156 acres, and 36 perches or thereabouts, be the same more or less together with the appurtenances, to hold to him my said son Jacob his heirs and assigns forever upon the express conditions nevertheless that he my said son Jacob do immediately after my decease enter into unexceptional security, by bond to my said executors for the payment of the sum of 800 pounds, like lawful money aforesaid, in manner following: that is to say, 100 pounds, part thereof in one year next after my decease and the like sum of 100 pounds annually until the whole sum of 800 pounds be fully paid off and upon the further condition that he do suffer and permit his said mother Anna Elizabeth to dwell and reside with him in the aforesaid Messuage and occupy and possess one of the rooms in the same (whichever she shall chose) solely to herself for and during all the term and time of her natural life. And I do give, devise, and bequeath unto my before named son-in-law John Gross and Susannah, his wife all that Messuage and Tenement, and tract of land thereunto belonging and situate in Maxatawny Township aforesaid, containing 100 acres, besides his customary allowance (being the same tract of land conveyed to me by a patent from the Honorable the Proprietaries of the Province) together with the appurtenances to hold to them the said John GROSS and his wife Susannah, to their heirs and assigns upon the express condition nevertheless that he my said son-in-law John GROSS do immediately enter into unexceptionable security by bond, upon and after my decease, to my said executors for the payment of 350 pounds like lawful money aforesaid in the following manner, 100 pounds part thereof one year after my decease, and the residue in three payments (annually) thereafter and I do give, devise, and bequeath unto my well beloved daughter Elizabeth the wife of Andreas ESCHENBACH all that mileage(?), or tenement and tract of land thereunto situate in Maxatawny Township, aforesaid, supposed to contain 100 acres, being the improvement I purchased from one George ESTERLY together to hold with the appurtenances to her my said daughter Elizabeth her heirs and assigns, forever and whereas I am legally possessed of and inhibited unto various tracts of land surveyed into my sundry property's warrants and situate lying and being to the Eastward and Westward of the lands herein before devised to my before said sons Isaac and Jacob, my will concerning the same is and I do hereby order, direct, and authorize my said executors to survey and lay out to my said son Isaac in the most advantageous manner and as contiguous as may be to his other land 60 acres to be surveyed and laid out, and I do hereby give, devise, and bequeath the same unto him my said son Isaac his heirs and assigns, forever and of the lands to the westward to survey and layout to my said son Jacob 100 acres of land at least to which 100 acres so to be surveyed and laid out I do hereby give, devise and bequeath unto my said son Jacob, his heirs and assigns forever and as to the residue of my lands to the Westward what may remain thereof after my said son Jacob's land, shall be severed and as aforesaid I do hereby give, devise, and bequeath the same unto my aforesaid son-in-law John GROSS and his wife Susannah, to hold to them their heirs and assigns, forever and as for and concerning in the residue of my aforesaid warrants and land to Eastward after my said son Isaac's 60 acres are severed from to them together with all such rights (other) to any lands, tenements or heredities I may be possessed of or inhibited unto the Blue Mountains or anywhere else in the said province of Pennsylvania I do hereby give full power and authority to my said executors and the survivors of them and the executors of the survivors to grant, bargain, and sell, and confirm the same unto anyone person or persons whomsoever his heirs or their heirs and assigns forever for the best price and consideration that can possibly be gotten for the same and is for and concerning the net proceeds arising by such sale as aforesaid together with the aforesaid several sums, 700 pounds, 800 pounds, and 350 pounds, so to be paid by my before named sons Isaac and Jacob and my son-in-law John GROSS into the hands of my executors as before directed it is my will and I do hereby order and direct my said executors and the survivors of them to pay the same as those monies shall from time to time be received as wherein after directed, that is to say, one equal part thereof the whole into 3 equal shares to be divided unto my said dear wife, Anna Elizabeth and the remaining 2/3 part therefore unto my before said daughters named, part and share alike and for as much as I have in my lifetime advanced and paid to some of my daughters sundry sums of money for which each one by name are debited in my book of accounts it is my express will therefore that the same debts as part of their respective shares so that each one of my said daughters portions may hereby be made equal and each receive as much of my estate as the other. Anything herein contained to the contrary notwithstanding I do declare this only to be my last will and testament hereby removing all former wills by me heretofore made. In witness where I the said Sebastian ZIMMERMAN have hereunto set my hand and seal the 2nd day of March in the year of our Lord 1774.
[signed] Sebastian ZIMMERMAN
Signed, sealed, published, and declared by the above named Sebastian ZIMMERMAN, the testator and for his Last will and testament in the presence of us who in his presence and at his request have hereunto subscribed our names as witnesses to the same.
[signed] Sebastian LEVAN, J. HERRICK GRIM, Peter BRAUN.
J.O. KELLY, Register General's office, Reading, Province of Pennsylvania August 13 1776 there personally appeared Peter Braun and J. Herrick GRIM, tow of the witnesses to the aforesaid written will and on the 15th day of the same month also appeared Sebastian LEVAN, another witness of the said will. The said Herrick GRIM on his solemn oath on the Holy Evangelistic and the said Peter BRAUN and Sebastian LEVAN on their solemn oath or affirmation according to the law do respectfully declare and say that they were present together and saw and heard Sebastian ZIMMERMAN, the testator herein named, sign seal publish and pronounce and declare the same will as his last will and testament and that at the time of the doing thereof the said testator was of sound mind, memory and understanding, to the best of their knowledge and as they verily believe and further that the names deponent and affirmants thereunto subscribed as of their own handwriting respectively by them subscribe as witnesses thereto. John O. KELLY the other witness subscribing as such as the same in the presence of each other and in the presence and at the request of the said testator.
[signed] Coram McCULLINSON, Reg.
p. 260: The top part of this page is not legible and therefore the only part of the page copied is the translation.
I, Sebastian ZIMMERMAN do revoke my order in my last will and testament that the unpatented land should be sold for the best price, I have now sold the same myself to my son, Isaac ZIMMERMAN and to my son Jacob, and to my son-in-law John GROSS so that it cannot be sold again after my death in my name and my ordering, such land to be sold by my last will and testament shall be null and void in law. Witness my hand the 28th day of April 1775.
[signed] Sebastian ZIMMERMAN
Witness: Peter BRAUN, Michael DRESSLER
p. 358:
Registers office in Reading Berks County, Province of Pennsylvania, 17 March 1777, Letters testamentary in common form under the seal of the said office on the last will and testament (Recorded in this Book page 256) of Sebastian ZIMMERMAN, late of Maxatawny Township, in Berks county Esq. Deceased, were granted to Abraham ZIMMERMAN, executor therein named [Jacob MECHLIN, the other executor, renouncing his rights]. Said Abraham first being duly affirmed thereto according to law. Inventory to be escheated on or before the 17th April 1777 in a just and true accounting when thereunto required. Examined by K. CHRIST, Registrar.
Submitted by Judy.
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