written 11/16/1813 - probated Feb 4, 1814
In the name of God amen, I, John Neikirk, of Exeter Township, in the county of Berks and State of Pennsylvania, yeoman, being weak in body, but of sound well disposing mind and memory, blessed be Almight God for the same; and considering the uncertainty of this transitory life, do make and publish this my last will and testatment in manner and form following, that is to say: Imprimis, my will is that my body should be decently buried, my just debts and funeral charges, all honestly and speedily paid out of my personal estate by my executor herein after named.
ITEM: I give and bequeath to my beloved wife Anna Catharine NEIKIRK, the free use of all my household goods and kitchen furniture during her natural life (She to make no willful waste or destruction of any part thereof) and after her decease, I give and bequeath the same household goods and kitchen furniture to my three daughters, to wit: Susannah (wife of Isaac LEVAN), Mary Catharine (wife of Henry RADCAY) , Mary NEIKIRK, and the three children of my daughter Sarah deceased, viz: John, Catharine and Mary MOYER, to be divided among them as follows: that is to say, each of my daughters shall have one fourth part thereof, and my said grandchildren John, Catharine and Mary MOYER, the other fourth part, and that to be equally divided among them. But, if these legatees cannot agree among themselves about the division of that property, my Executor shall sell the whole thereof at public vendue (after my wife's decease) and the money arising from that sale shall be divided among the said respective legatees in the above-mentioned proportions. I also give to my said wife, Anna Catharine, her side saddle and bridle, my riding mare, three milk cows, of her own choice out of my stock, and two heifers, to be at her free disposal, which said mare and three milk cows, my son John Neikerk shall feed and pasture for her gratis, along with his own creatures, winter and summer, on the plantation herein after devised to him, but not the two heifers. I also give unto my said wife, during her natural life, the free and whole use of the stone dwelling house, with the appurtenances, wherein we now live, and also the whole use of the garden lying at the southside of the said dwelling house, with liberty to take as much mannure from the barn to put thereon as she pleases; she shall also have the use of the hogg stable which we now use, and liberty to take water from any spring, pump, or place on the premises, and to pass and repass any way round and about the same as she may have occasion for. I also give and allow my said wife free liberty to take yearly and every year from the trees on the plantation, herein devised to my said son John, as much of every kind of fruit as she may want for her own use, winter and summer, both green and to dry. And my will is also that my said son John shall make and deliver to my said wife, every year when the orchard produces apples sufficient, one barrel of good cyder, beside cyder enough to make apple butter sufficient for her use. He shall also chop of his own timber, and haul to her door, yearly, and every year, as much good firewood as she may want for her own use, winter and summer, and cut and split it in suitable lengths and size for her fireplace and stove, without making any charge thereof. He shall also give her yearly as many potatoes as she shall want for her own use. And my will and order further is that my said son John shall give and deliver to my wife yearly and every year during her natural life, the one fourth part of all the wheat, rye, buckwheat and Indian corn that may be raised yearly on the plantation therein after devised to him; the grain all to be threshed and cleaned and delivered to her fit for market, to be at her own free disposal forever.
ITEM, after the decease of my said wife, I give to my daughter Mary Neikerk, the free and whole use of the said stone dwelling house and garden (which I've herein before given to my wife the use of) as long as she remains single or unmarried (but no longer) with liberty for her to take a sufficiency of mannure from the barn to put on the said garden, and liberty also to take water, and to pass and repass unmolested round and about the premises, any way that she may have occasion to go.
ITEM, I give and bequeath the sum of four hundred and ninety-seven pounds, seventeen shillings and six pence to my said daughter Susannah, her heirs and assigns forever, besides what she and her husband hath already had of me.
ITEM, I give and bequeath the sum of three hundred and ten pounds, seventeen shillings and six pence in cash, to my daughter Mary Catharine, her heirs and assigns forever, besides what she and her husband hath already had of me. And whereas, I have a bond against her husband, Henry RADCAY, for the payment of one hundred and sixty-three pounds dated the twenty-first day of April last past, which Bond, I do hereby order my Executor to cancel and deliver up to him immediately after my decease, making no demand of any part thereof, either principal or interest.
ITEM, I bequeath the sum of seven hundred and forty-tive pounds, seventeen shillings and six pence in cash, to my said daughter Mary NEIKERK her heirs and assigns forever. I also give to her all my sheep and two milk cows.
ITEM, I give and bequeath the sum of four hundred and ninety-three pounds and seven shillings and six pence, in cash, to the three children of my said daughter Sarah,deceased, to wit; John, Catharine and Mary MOYER, the same to be equally divided among them. But if either of my above named grandchildren John, Catherine or Mary, should die in their minority, without lawful use, then all the legacy herein given to such deceased shall defund in equal shares to the two survivors, and if two of them should die as aforesaid, the survivor shall take the whole of the said legacies; but if they should all die in their minority without lawful issue, then in such case, the whole of the legacies herein given them shall defund to my aforenamed daughters Susannah, Mary Catharine and Mary Neikerk, their heirs and assigns respectively forever, to be equally divided among them, Which aforementioned several legacies, shall all be paid to the respective legatees by my said son John, in manner herein after expressed, out of the real estate herein devised to him.
ITEM, I give and devise to my said son John NEIKERK, and to his heirs and assigns, all my messauge, plantation and tract of land where we now live, situate in Exeter township, aforesaid, adjoining the land of Peter Bechtol, Mordecai Lincoln, Late John Bishop, John Lincoln, William Hoch and the river Schuylkill, containing two hunderd and seventy-one acres, be the same, more or less; together with all and singular the building improvements, ways, wood, waters, water-courses, water rights, rights, liberties, privileges, hereditaments and appurtenances whatsoever, thereunto belonging, or in anywise appertaining, to have and to hold the same to him, my said son John Neukirk, his heirs and assigns forever. Under and subject to all the privileges and yearly provisions herein before given to my said wife, and to the privileges herein given to my said daughter Mary Neikerk; and subject to the payment of two thousand and fifty pounds thereout, in good lawful money of Pennsylvania, in manner following, to wit. Five hundred and fifty pounds thereof, shall be paid within one year after my decease; five hundred pounds more thereof, within two years after my decease; and five hundred pounds more within three years after my decease; and the remaining five hundred pounds thereof shall be paid within four years after my decease. This two thousand and fifty pounds, being to discharge the aforementioned several legacies, shall be divided among the respective legatees as follows: Of the first installment, one hundred and twenty five pounds to my said daughter Susannah; one hundred and twenty-five pounds to my said daughter Mary Catharine; one hundred and seventy-five to my said daughter Mary Neikerk; and the remaining one hundred and twenty-five pounds thereof to the three children of my said daughter, Sarah, deceased. Of the second installment, one hundred and twenty five pounds shall be given to each of my said three daughters; and the other one hundred and twenty-five pounds, to the said three children of my daughter Sarah. Of the third installment, one hundred and forty-six pounds, seven shillings and six pence, shall be given to my daughter Susannah; sixty pounds seventeen shillings and six pence to my daughter Mary Catharine, which is in full of her legacy; one hundred and forty-six pounds, seven shillings and six pence to my daughter Mary Neikerk, and the remaining one hundred and forty-six pounds, seven shillings and six pence to the said three children of my daughter Sarah, And of the fourth, or last installment, one hundred and one pounds and ten shillings shall be given to my daughter Susannah, which will be in full of her legacy; three hundred and one pounds and ten shillings to my daughter Mary Neikerk, in full of her legacy; and ninety-seven pounds to the three children of my daughter Sarah, which will be in full of their legacies.
ITEM, no demand shall be made against either of my afore-mentioned children, for anything they may have theretofore had of me, and stand charged with, or which I have noted down in my book, for I do hereby forgive them all such debts.
ITEM, all the residue and remainder of my estate, if any, not herein before bequeathed, I dispose of as follows, to wit: One fifth part thereof I give to my said son John, one fifth part to my daughter Susannah; one fifth part to my daughter Mary Catharine; one fifth part to my daughter Mary Neikirk; and the other fifth part thereof to the three children of my daughter Sarah, deceased, and that to be equally divided among them.
AND LASTLY, I do hereby nominate and appoint my said son John Neikerk, to be sole executor of this my last will and testament, hereby revoking all former and other wills by me heretofore made.
IN WITNESS, whereof I have hereunto set my hand and seal, the fifteenth day of November in the year of our Lord, one thousand eight hundred and thirteen.
signature: Johannes Neikerk
witnesses: Joseph Boone and Mordecai Lincoln
Letters testimentary in common form under the seal of office granted unto John Neukirch (Jr), the sole executor within named, he bring duly sworn according to law.
The court appointed Jacob MOYER, guardian for the three grandchildren, of the deceased, viz: John, Mary and Catherine on 12/19/1818. John had petitioned the court for a guardian that he was over 14 and in want of a guardian. The 2 daughters had petitioned that they were under 14. Jacob Moyer was their father.
There was an order of sale on the estate of John Neikirk, decd, in 1820, with a note that the premises be sold by the sheriff. No outcome of who purchased the estate was in the will file. That information is probably in the Deeds office.
Submitted by Diana.
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