1761 Richmond
The 23rd Day of the second month thousand seven hundred and sixty one. I, David Ely of Richmond Township County of Berks and Province of Pennsylvania, yeoman. Being weak of body but of Perfect mind and memory, do make and ordain this my Last Will and Testament of Touching my Worldly Estate the which I give bequeath and dispose of in the following manner and form after my ??? debts and funeral expenses are fully paid and discharged. That is to say first I give and bequeath unto Elizabeth my dearly beloved wife, one bed and furniture there unto belonging of also one cow which she shall choose, together with one hundred pounds to be ???? and levied out of my estate to be by her freely possessed forever. Except she should choose to live with my son John on the old place which if she doth, it is my will and desire that she keep for her one riding hors and one cow and a room with fire and sufficient or ?????? with reputable maintenance together with the lawful interst of one hundred pounds except the shouhd money and then to have her hundred pounds after two years married which two years she is to have no interest but to have her bed cow and a good riding horse and tackle and likewise and also that she have the whole estate in her hands till my eldest son John Ely arrive to the age of twenty one years and within that time to patent my land now unpatented and likewise to pay all my just debts and then the said John Ely my eldest son to have one hundred and fifty acres at the end of my land next to Stephen Titsher together with half the stock now on said place and he to keep and maintain my younger children and they to help him till they arrive at the age of twelve years and not wronged any way by him and then for the executor to take care they have learning and be put to trade and the rest of my land I give and bequeath to my two next oldest sons to be divided equal between them viz Samuel Ely and Jacob Ely Samuel to have the next part to John and them Jacob to have the land end joining the Kirby to be by them and their heirs freely possessed for ever after they arrive to the age of twenty one years. As to my other five children viz Elizabeth Ely, David Ely, Daniel Ely Abraham Ely and Isaac Ely; it is my will and desire that they should have fifty pounds to be paid to them each one arrives at the age of twenty one to be by them freely possessed for ever if when the other half of stock and personal estate is sold the executor think it will bare doing to the personal estate what said executor for may think fit for the three lads that have the land to pay to help make up the fifty pounds and to live on land of the see cause and it is my desire that the under mentioned executors should divide the land between the tree lads as before mentioned. Also I do hereby make constitute ordain and appoint my said wife Elizabeth Ely Executrix and my eldest son John Ely my executor together with William Penrose and Conrad Price executors of this my last will and testament giving and by these present granting unto them my said executors my full power and authority to make a true dividend as above mentioned and I do hereby utterly disavow, revoke and disannul all and every other former will and testament by me made ratifying and confirming this and no other to be my last will and testament in witness whereof I have hereunto let my hand and seal the day and year first above written.
David Ely
Signed Sealed and Declared by the said David Ely as hid Last Will and Testament in the presence of us.
Richard Penrose
Stephen ST (his mark) Titsher
Mary X (her mark) Miller
Reading Berks County Pennsylvania SS
The 24th day of March Anne Domini 1761 there personally appeared Richard Penrose and Stephen Titsher two of the subscribing witnesses to the foregoing Writing purporting to be the Last Will and Testament of David Ely deceased and declaring themselves conscientiously scrupulous of taking an Oath upon their solemn affirmation according to Law did declare and say, that they were both of them present and saw and heard David Ely the Testator herein named sign seal publish and declare the same writing to be his Last Will and Testament and that at the time of the Doing thereof he was of sound mind memory and understanding as they verily believe. And further that the name Richard Penrose and the mark ST of Stephen Titsher respectively thereto subscribed were by them subscribed together with Mary Miller the subscribing witness as Witnesses there to in the presence of each other at the request and in the presence of the said Testator.
Coram me
James Mad Dep Regr
Submitted by Michelle.
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