Last Will and Testament of Michael Diffenbaugh

I, MICHAEL DIFFENBAUGH, of Heidelbert Township, Dauphine County and State of Pennsylvania, yoeman being at present in good health, and of good and sound memory and understanding (God be praised for it), taking into consideration the mortality of man, therefore I do make my last will and testament and dispose of my worldly affairs in the following manner: First I do recommend my immortal soul in to the hands of the Almighty who gave it, and my body be buried in a Christian decent like manner, and that all my just debts and funeral expenses shall be paid by my Executors hereinafter mentioned out of my personal property.

2. I do give and bequeath unto my beloved wife, MARIA MARGARET DIFFENBAUGH, the sum of one hundred pounds current money of Pennsylvania to be paid by my executors, hereinafter named, three months after my decease, to her, her heirs and assigns forever. It is further my will that my wife, shall and may take as much of my household furniture as she thinks necessary as also of bedding, to her use and to dispose of it as she may think fit and expedient--and I do give and bequeath unto my beloved wife, Margaret Diffenbough, all and every article as follows, and which my son JOHN DIFFENBOUGH, his heirs, executors, administrator as assigns shall give, pay or deliver unto my wife, Maria Margaret, during her widowhood, my stone dwelling house on my plantation one of my gardens, one acre of land for to plant, wherever she chooses to have it, and have dung in the garden and on the acre of land as much as will be required, and twenty bushels clean wheat and to haul the same to mill, and to bring the flower from there, and twenty pounds of hackeled flax and twenty pounds of tow, and six pounds clean washed wool, fifty apple trees where she chooses them, two hundred pounds of port, and hundred and fifty pounds of beef, one horse which she chooses to have to keep the same in the winter in the stable by good fother, and during the summer in good pasture--likewise two cows which she likes best, to keep them in the stable by good fother and in the summer in good pasture--likewise good and small firewood to be delivered to her dwellings, and what is hereby and herewith bequeathed unto her, shall be for her dower of all property and estates.

3. I give and devise unto my son, JOHN DIFFENBAUGH, all my land and plantation whereon I live, in Heidelbert Township and county aforesaid, adjoining land belonging to the Reformed Congregation, which I am in possession of, by virtue of my deed. To hold the same except the piece of land whereon my son BENJAMIN DIFFENBAUGH such shall be the lines between both pieces; along the Tulpehoken Creek till three feet from the spring ditch, and up the big road. I except also the cart road which leads from my dwelling house through the same piece of land. To have and to hold them my both sons, Benjamin Diffenbaugh and John Diffenbaugh, their heirs and assigns forever, conditioned namely, I appraise the piece of land unto my son Benjamin for the sum of twenty-five pounds current money of Pennsylvania to be paid one year after my decease, namely I do appraise the piece of land devised to my son John Diffenbaugh for the sum of eleven hundred pounds, Pennsylvania currency over and above what he has to give unto my wife yearly, therefore he shall pay yearly fifty pounds until the whole sum of eleven hundred pounds shall be paid according to the true intent and meaning of these presents, the payments shall be made unto my executors or unto the survivors of them. Further it is my will and I do order and direct that my son, John Diffenbaugh, his heirs, executors, administrators and assigns shall be bound to fulfill all and every article which I gave and bequeathed unto my wife, Maria Margaret and mentioned in the second paragraph (besides the eleven hundred pounds) according to the true intent and meaning hereof, and shall likewise be bound by virtue of this my last will and testament. But if it should happen that my son John Diffenbaugh should die without issue, then and in such case, my son DAVID DIFFENBAUGH may be the next to the land and to step in the place of his brother, or in the case my son John Diffenbaugh should refuse to take the land, then my son David shall be the next, or any of my other sons, in case it should happen that I die before my two sons arrive of age, then the land shall be rented out, until such time they arrive of age, by my executors and my executors are hereby directed to share out the rent in equal share (my wife included) and the land shall not be sold as long as my wife Maria Margaret shall live and to fulfill all and every article herein mentioned, I bind my whole land, by way of bail, for the fulfilling such bequests and devises according to the true intent and meaning hereof.

4. It is my will and I do order that my executors shall make sale of all my personal estate which remains undisposed of as soon as convenient, and after being paid, all monies then remaining shall be shared out among my children to wit: PETER DIFFENBAUGH which I give and bequeath five pounds over and above his share, and BENJAMIN, CATHERINE MAGDALAINE, DAVID and JOHN share and share alike.

And lastly, I nominate and ordain my sons Peter and Benjamin Diffenbaugh to be executors of this my last will and testament and I declare all this to be my last will and testament.

Michael Diffenbaugh (Seal)

In witness whereof, I have hereunto set my hand and seal this fifth day of December in the year of one thousand seven hundred and ninety two.

Signed sealed and openly declared of Michael Diffenbaugh as his last will and testament in presence of CHRISTIAN LAUER & GEORGE GEHRET

Note: "hackeled" - hacked, mangled, cut roughly "tow" - the coarse and broken fibers of hemp, flax before spinning "fother" - fodder

Contributed by Joanne.


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