Spring Twp., dated 7/23/1851
In the name of God amen, I Jacob Moore, Senior, of the township of Spring, in the county of Berks and State of Pennsylvania, am weak in body, but of sound and discretionary mind, memory and understanding, but considering the certainty of Death, and the uncertainty of the time thereof, and to the end and purpose, that I may the better be prepared to leave this world, whenever it shall please God to call me hence, I do make and declare this my last will and testament in manner and form following to wit:
First and principally of all, I commit my immortal soul into the hands of Almighty God, my creator from whence it came, and my body I submit to to the Earth to be interred in a decent and Christian like manner, at the discretion of my family and as touching such worldly estate wherewith it has pleased God to bless me with, I give bequeathe and dispose off the same as follows to wit:
ITEM: It is my will that all my just, legal and bona fide debts together with funeral expenses and costs of proving this my will and settling of my estate, shall in the first place be duly paid and satisfied by my hereinafter named executors, as soon as conveniently may be after my decease.
ITEM: I give and bequeathe to my dear wife Catharine during her natural life, all that certain house, garden, and other buildings appurtenants thereto (which was formerly Zimmerman's property and now at present owned by me) together with a patch of ground to raise corn and potatoes, sufficient for her use, whenever she may select the same on my land, also as much fruit yearly as she may wish for her use. I further give and bequeathe unto my said wife the sum of one hundred dollars to be paid to her, immediately after my decease by my hereinafter named Executor, then yearly the like sum of one hundred dollars in such manner as is hereunto after more particularly specified. I also give and bequeathe to her two cows, to select them, and as many of my hogs as she may choose for her own use, pasture for said cows to be given equally by my two sons Jacob and Peter together with as much fire wood as is necessary for her use, shall be delivered to her by my said two sons, at an equal expense, they shall also deliver, on her stable, yearly and of them be delivered a good hay, made in due season. There shall also be delivered to her yearly, by my three sons, namely, Jacob, Peter, and Jeremiah, at an equal expense, fifteen bushels of what, fifteen bushels of corn and fifteen bushels of potatoes, my said wife shall also have and take as much and such of my household furniture and kitchen utensils as she may choose for her own use, it being expressly my desire and intention that the foregoing bequests to my said wife Catharine shall be understood and considered in lieu of her dower at common law.
ITEM: I give and bequeathe unto my son Levi, the sum of forty dollars and to my daughter Caroline the sum of two hundred dollars and a separate legacy exclusive of their share coming to them out of my estate.
ITEM: I give and devise unto my son Jacob that certain grist mill, saw mill, machineries, together with the lands and tenements on which I now live, containing about 80 acres, with all and singular the buildings and improvements rights, members, and appertaining to hold the same to him and his heirs and assigns one year after my decease, at the rate of six thousand and dollars ($6000) in which amount is to be included a widow dower of the principal sum of six hundred and seventy dollars charged on said property for widow Flickinger, Also yielding and paying out of said property (exclusive of the rate aforesaid) to my said wife Catharine during her natural life, the yearly sum of fifty dollars, payable annually to her on the first day of April in each year, and deliver to her all such respective articles as in required of him in my bequest to her, and above specified. The remaining sum [after widow Flickinger's Dower is deducted) amounting to five thousand three hundred and thirty dollars, shall be paid by my son Jacob in equal yearly payments (with April, in each year, to my hereinafter named Executors, or the survivors of them, to be distributed by them as the same becomes due amongst my seven children, herein after named in equal like shares; and in case, my said son Jacob should refuse to accept said property at the rate and terms aforesaid, then I order and direct that my son in law Amos ADAMS intermarried with my eldest daughter Anna, shall have the next chance to accept the same, on the same terms and rate as directed for my son Jacob also paying yearly said sum of fifty dollars to my widow and delivering to her such articles yearly as is required of Jacob in my bequest to her, that is, in case he should accept said property and should my son-in-law Amos ADAMS also refuse to accept the same, then my second son in law Jacob BOWMAN, intermarried with my daughter Catharine, shall have the same chance to accept it. And should he also refuse to accept of said property at the rate and on the aforesaid terms, then I order and direct, that my Executors herein after named, or the survivors of them, shall sell the same to the best advantage at their discretion whom I authorize and empower to execute a good deed or deeds, for the same.
ITEM: I give and devise unto my son Jeremiah and to his heirs and assigns forever, in fee simple, ALL that certain Mill property. situate in Robeson Berks County, together with the lands and tenements, machineries and whatsoever thereunto belonging, or in anywise appertaining [he at present occupying the same, to accept the same within one year after my decease at the rate of two thousand and six hundred dollars, $2600, also yielding and paying out of said property, unto my wife Catharine, the annuity or yearly sum of twenty five dollars, during her natural life, exclusive of the rate aforesaid, together with such specific articles to be delivered yearly to my said wife Catharine as required of him in my bequest to her. And said sum of two thousand and six hundred dollars shall be paid by son Jeremiah in yearly payments of two hundred dollars, without interest, to my executors, on the first day of April in each year regularly, until the whole amount is paid and to be distributed by them in like manner among my seven children as described in my devise to my son Jacob.
ITEM: I give and devise unto my son Peter, his heirs or assigns forever, in fee simple, all that certain farm, in which he now lives, and occupies consisting of three tracts of land, with the improvements, therein, and all rights members and appurtenances, whatsoever thereunto belonging or in anywise appertaining, the first of said tracts being the one he now lives on, the second being a tract of land of about five acres of woodland (formerly Samuel Adams), the third being lately Zimmerman's property of which right to my widow to occupy the house and as before mentioned is excepted, containing about seventy acres more or less, to take and accept the same at the rate of two thousand and six hundred [$2600] within one year after my decease, also yielding and paying out of said three tracts of land, devised to my son Peter, unto my said wife Catharine, during her natural life, exclusive of the rate aforesaid the yearly sum of twenty five dollars on the first day of April in each year, besides to deliver unto her yearly, such articles as of him is required and in my bequest to her specified. And said sum of $2600 shall be paid by my said son Peter in yearly payments without interest of one hundred dollars to my Executors to be distributed by them, as the same becomes due (on the he first of April, in each year, in manner set forth in my devise to my two other sons, Jeremiah and Peter, and in case my two sons, Jeremiah and Peter, or either of them should refuse, to take or accept such property's so devised to them, then I order and direct that the same shall be sold, in the same manner as specified or directed in case of refusal, in my first devised Mill property.
ITEM: And as to all the rest and residue of my Estate which shall be left and remains, after the aforesaid legacies and bequests are paid and satisfied, I order and direct that my Executors shall expose to sale, all such of my discretion, and after a final settlement all monies or assets in their hands, shall be distributed in like equal shares to and amongst my seven children, namely: Levi, Jeremiah, Jacob, Peter, Anna intermarried with Amos ADAMS, Catharine, intermarried with Jacob BOWMAN, and Caroline, and I give the guardian of my daughter Caroline, during her minority, unto my executor.
I do hereby ordain, constitute and appoint my son Peter and my sons-in-law Amos ADAMS and Jacob BOWMAN, executors of this my last will and testament, hereby revoking all former wills by me made at anytime heretofore made, and do declare this and no other, to be my last will and testament.
In witness, whereof I, the said Jacob MOORE, Sen., have to this my last will and testament (written on one sheet of paper) set my hand and seal this twenty third day of July, in the year of our Lord, one thousand and eight hundred, and fifty one (1851).
Jacob Moore Sen (seal)
Signed, sealed and declared by Jacob Moore the above named testator as and for his last will and testament in the presence of us, who in his presence, and at his request and in the presence of us, in his presence, and at his request and in the presence of each other have subscribed our names as
John FLICKINGER
Elsaias BILLINGFELT
Whereas I, Jacob MOORE, Sen., of the township of Spring the county of Berks and state of Pennsylvania have made my last will and testament, in writing, bearing the date twenty third day of July, one thousand eight hundred and fifty one, in and by which I have given and bequeathed all my real estate to my three sons, namely Jacob, Jeremiah and Peter, to be accepted by them at certain rates, and in such a space of time as in said will is designated and specifically set forth.
Now there forth I do by this writing, which I do declare to be a codicil to my said last will and testament, and to be taken as a part thereof order and declare that my will is that all my real estate in my said will mentioned and bequeathed, shall be let or rented away to the highest bidder, for yearly rents, by my executors appointed in said will until my debts are all fully paid and satisfied(which shall be due after my decease) the time specified in my said last will and testament, for my said sons to accept real estate, shall then be computed from the time, that my Executors shall have received sufficient assets to discharge my debts as aforesaid, and be limited as doing and in the same manner, and to be performed in all respects as in my said last Will and testament is set forth at large; and lastly it is my desire, that this codicil be annexed to and made a part of my last will and testament, as aforesaid to all intent and purposes.
In witness whereof I have hereunto subscribed my name and affixed my seal, the seventeenth day of October, in the year of our Lord, one thousand eight hundred and fifty one (1851)
signed..Jacob Moore Sen. X (his mark)
Jacob MOHR died 12/2/1852. Leaving widow Catharine and seven children: Jacob, Jeremiah, Levi, Peter, Anna m Amos ADAMS, Catharine m Jacob BOWMAN, Caroline intermarried with Wm FLICKINGER.
A true and exact copy of the will and codicil was submitted and certified by the Register of Wills on 4/12/1853.
A court order of August 10, 1856, was made in Orphan's Court, ordering Amos ADAMS to sell the Property #2, consisting of tenement and tract of land in Robeson containing twenty four acres, bounded by Darling Smith, and Conrad Moore on which are erected a grist mill, saw mill, dwelling house, stable and other outbuildings, at a public sale, at the house of Absolom ESCHELMAN in Robeson on 9/13/1856 at 1 o'clock PM, and and to return with the result no later than 4/1/1857.
Amos ADAMS must have moved to Lancaster County, as he went to the judge there in 11/17/1856 and declared under oath that the property was listed for public sale as ordered, but remained unsold.
There were no papers in the file to show what happened to the proerty.
Submitted by Diana.
Last Modified