Last Will and Testament of John Keely

In the name of God Amen

I John Keely of Douglas township in the County of Berks and the state of Pennsylvania Yeoman

being week in body but sound of mind Memory and understanding

Blessed be God for the same, but Considering the uncertainty of this transitory life, do make and publish this my last will and testament, in manner and form to wit--

Principally and First of all, I command my Imortal Soul into the hands of God, who gave it and my body to the Earth, to be buried in a Decent + Christian like manner at the Discretion of my executors herein after named And as to Such Worldly Estate where with it has pleased God, to bless me with in this lifetime, I give and Dispose of all the same in the following manner, First It is my will and I do order that in the first place all my just Debts and Funeral Expenses be paid by my Executors as soon as Conveniently may be after my Decease.-

Whereas I have granted + conveyed unto Each of my children, certain Real Estate First, unto my son Jacob Keely, Five tracts or parcels of land, Containing together twenty-two acres and one hundred + six perches and one half perch *Comprehended [*included, or taken in] in one Indenture bearing Date the twenty Seventh Day of November in the year of our Lord one thousand Eight Hundred and thirteen, Situate in the township of Douglas and the County of Berks aforsaid, my will and order now is that the Said Indenture, be not delivered up to him, but that the said Land of five tracts, as forsaid, be and remain in the care of my Executors, or the Survivor of them, He the said Jacob, to receive the Rents, Issues and profit thereof during his Lifetime but if in case He Should become in low and Indigent Circumstances, and the Rent Issues and Profit aforsaid Should be Insufficent, then in Such Case, I order my Executors or Survivor of them to sell the whole of the property or Such parts there of as in their opinion may be most adventagious, and pray him the yearly Interest therefrom and as much of the principle yearly, as they may Judge Necessary during his lifetime, and after his decease what ever monies Remaining in their hands to be Equally Divided amonst his Surviving Children Share and Share alike If the Said property or part thereof is not sold in his lifetime, then and in Such Case my will is that it be Sold as soon as Conveniently may be after his Decease + monies arising therefrom be Divided as before Directly, unto my son Henry I have granted and conveyed Four Certain Tracts or Parcels of Land adjacent to Each other Situate in the Township of Douglas aforsaid containing in the whole one hundred Eighty four acres + three perches, and to my Son in Law Henry Baker two Certain tracts or parcels of Lands Situate in the township of Douglas aforsaid Containing one hundred + four acres and forty perches by searate Indentures Bearing Date Respectively the Second Day of July in the year one thousand Eight hundred,- Therefore it is my will and I do hereby order and Direct that the Last aforsaid Indentures be delivered unto my two last named Children or their Legal Representatives Respectively by my Executors herein after named or Either or the Survivor of them or Either of their Executors or Administrators on paying or Securing to be paid Respectively the amount that may be then Due from them or Either of them to my Estate in the Ratio herein after mentioned, Provided the said Inentures are not Delivered over by me in my lifetime And whereas by the Last Will + Testament of my Father Valentine Keely deceased Certain Legacies are due + payable by me out of my Estate-- Therefore it is my Will and I do hereby order and direct my Executors herein after named or the survivor of them, to retain So much of my personal Estate Sufficient to pay the Said Legacies agreeable to the Directions of the Said Last Will-- all rent and residue, to be Divided to and amongst my three Children or their Legal Representatives, That is to say unto my son Jacob two fifths which Said two Fifths is to remain in the hands of my Executors and paid to him at their Discretion as he may Stand in need of, and if any Should Remain in their or Either of their hands at his Decease to be Divided Amongst his children, as before Directed, unto my son Henry two fifths, unto my Daughter Elizabeth Intermarried with Henry Baker, one fifth, which said one fifth, to be + Remain in the hands of my Executors or the suvivor of them and to be paid to her at their or Either of their Discretion as often as necesity may Require any part there of or the Whole If she Should Stand in need of on account of old age + bodily Infirmities, and after her Decease If any should remain in the hands of my Executors to be paid to her Legal Heirs, the whole being Divided into five Equal parts, but on the Contrary, in case my Personal Estate Should prove Deficient, to discharge the Said Legacies Each of my Said Children or their Legal Representatives to pay towards the Defecency in the same Ratio, towit out of my son Jacobs part two fifths my son in law Henry Baker one fifth the whole being divided in five Equal parts, my will and order is that my house clock be sold by my Executors for the best price that can be gotten, + the monies arising therefrom to be paid to my son Jacob at the Discretion of my Executors, Such parts thereof or the whole if they see proper, the Remainder of my household Furniture Together with my wearing appearl I give unto my son Henry and to his Heirs~

And Lastly I nominate Constituate and appoint my brother Jacob Keely and my son Henry Keely to be the Executors of this my last will and Testament Revoking here by all other Wills Legacies and bequeaths by me hereto fore made and Declaring this and no other to be my last will + Testament

Jn~

Transcribed by Donna Boynton, 6/10/2004
Misspellings & punctuation were not altered

Submitted by: Dave.

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