Source: FAMILY SEARCH BERKS COUNTY ESTATES - 1850-1915, Weaver, Henry to Weidner, Henry, Images 1-3027
Last Will and Testament of Peter Weaver of Amity Twp., Berks County, d. October 27, 1879 (Image 690-852 110 documents in all some have multiple pages. The will written March 12, 1879 is not in the beginning, but a copy was found somewhere in the middle of the documents. Proved November 12, 1879) In the name of God Amen, I, Peter Weaver of Amity township, Berks County and state of Pennsylvania, widower, being of good health of body and of sound mind, memory and understanding but considering the uncertainty of this transitory life, do make and publish this my last will and testament in manor and form as follows. 1st. I nominate constitute and appoint my esteemed friend Jeremiah VanReed the Executor of this my last will and testament and of my estate reposing in him full confidence in his integrity to perform the trust thus hereinafter unto him committed and hereby revoking all other wills legacies and bequests by me heretofore made and declaring this and no other to be my last will and testament. 2nd. I order and direct my said Executor to have a fair valuation and appraisement made according to law at the time of my deceased of all my estate real, personal by three disinterested men and have the same regularly filed in the Registers Office at Reading. 3rd. I order and direct my said Executor to dispose of all my personal property effects and not otherwise bequeathed as soon after my decease as conveniently can be done, collect and settle up my estate and there out pay my just debts and funeral expenses. 4th. I give and bequeath unto Mahlon E. Weidner and wife ten (10) shares of one hundred dollars ($100) each of my preferred stock in the Northern Pacific Rail Road Company, and unto their heirs and assigns. 5th. I give and bequeath unto Levi Miller and wife ten (10) shares of one hundred dollars ($100) each of my preferred stock of the Northern Pacific Rail Road Company and unto their heirs and assigns. 6th. I give and bequeath unto Clara Yocum (daughter of Moses Yocum) ten (10) shares of one hundred dollars ($100) each of my preferred stock of the Northern Pacific Rail Road Company and unto her heirs and assigns. 7th. I give and bequeath unto Weaver Shearer (a son of Henry Shearer) twenty (20) shares of one hundred ($100) dollars each of my Preferred stock of the Northern Pacific Rail Road Company, provided the said Weaver Shearer at the time of my decease should yet be in his minority then said stock so to him bequeathed shall be transferred unto Levi Miller aforesaid in trust for said legatee until of age by my said Executor whom I hereby fully empower and authorize so to do, also the same with three bequests of stock if necessary so to do, according to the mode and usages of said Company. 8th. I give and bequeath or donate unto the Trustees of the Amityville Cemetery, and unto their successors for the use of said Cemetery the sun of five hundred dollars to be applied to the repairs, enlargement of said Cemetery in lieu which said Trustees or successors shall forever keep my burial lot fence in the said Cemetery clean and in repair and in default of said Trustee accepting said bequest on said condition then the said bequest to be void and of no effect. 9th. I order and direct my said Executor to pay unto Ann Mathias out of my estate such sum or sums of money as may be due and owing her with interest by my son Jeremiah after final settlement and distribution of his present assignees in case the same is not done so in some shape or other in my lifetime. 10th. I give and bequeath unto the aforesaid Weaver Shearer my gold watch and chain to be taken care of by Mrs. Levi Miller until she thinks fit for him to have it. 11th. I given and bequeath unto the said Levi Miller my iron safe, horse carriage, harness and desk. 12th. I give and bequeath unto my son Jeremiah Weaver, my bed and bedstead, all the bedding thereto belonging. 13th. I give and devise unto the said Weaver Shearer, All that certain messuage tenement plantation and tract of land whereon I now reside, situate in Amity Township, Berks County and State of Pennsylvania, bounded by lands of J. VanReed, Peter K. Ludwig, Levi Miller, Abraham Boyer, Ezekiel Rhoads and others containing one hundred and eighty (180) acres more or less, or so much thereof as I may hold at the time of my decease and not otherwise devised. Together with four tracts of woodland situate in Earl Township County and state aforesaid, three of which are adjoining ones bounded by lands of Levi Miller, David Bucher, John Wise, Jacob Geiger and others, containing together thirty five acres more or less and the other is called the Sands tract bounded by lands of Daniel L. Rhoads late Solomon Rhoads and others containing four acres more or less. All of which he shall have in possession on the first day of April ensuing the decease of my son Jeremiah, reserving in the meantime all the rents, issues and profits thereof, that is to say to lease and release the said farm and cut off the wood from time to time for repairs fire wood posts rails and of the wood land also for posts, rails, firewood and also to sell when fit to be lent, provided however should said devise die without issue or descendants of such, then and in such case, said real estate and rail road stocks hereinbefore unto him bequeathed shall fall back and vest to my estate and then to be distributed as hereinafter divided. 14th. I hereby order and direct my said Executor to lease or let the hereinbefore devised farm or plantation to some good and trustworthy tenant or tenants to the best advantage and interest to the farm during the lifetime of my son Jeremiah and pay over unto him at times such of the net rents, issues and profits thereof as he may want or my executor may deem expedient to pay over unto him keeping in had at all times sufficient sums or amounts of such rents to meet ordinary and even extraordinary expenses and repairs none of such rents, etc. however shall in any wise be liable to be attached for any debts my said son may be owing at my deceased. 15th. I further order and direct should the Real Estate hereinbefore devised fall back and be vested to my estate by virtue of this my will that the said Executor then shall as soon as conveniently can be done after the decease of my son Jeremiah sell and dispose of the same to such person or persons and for such price or prices as may reasonably be gotten for the same and the same with any other real estate which I may hold at the time of my decease, and for that and similar purposes, I do hereby authorize and empower my said executors to sign, seal, execute and acknowledge, all such deed or deeds of conveyance as may be necessary and requisite for the granting and assuming of the same to the purchasers thereof in fee simple. 16th. I also do hereby authorize my executor at any time to dispose of my remaining shares of the Northern Pacific Rail Road stocks if necessary or deem advisable and transfer and let over unto the purchaser or purchaser thereof according to the mode and usages and requirements of said company and invest the proceeds thereof together with any other monies on hand (if not needed otherwise to carry out the intents and purposes of this my will ) in landed or other good security at interest to be wholly at the risk of my estate. 17th. And I further direct and authorize my executor to pay from time to time such sum or sums of money out of my estate for the maintenance, support and education of the aforesaid Weaver Shearer. 18th. And as touching the rest and residue of my estate that may be or remain at the time of the decease of my said son Jeremiah or at any time thereafter I herby order and direct to be paid unto the present creditors of my sais on Jeremiah respectively in proportion to their respective remainders of claims definitely presented and the same with any other bequeathed or devised estate that my fall back and revert to my estate by virtue of this my will. Provided however in case any or either of such creditors or claimants as aforesaid should in any way or manner molest, harass, interfere or go to law in and about the constriction or distribution of said residue contained in the 18th section of this my will with my said executor (or his successor) then such creditor or creditors so molesting, harassing, interfering disputing controversy or going to law shall be forever barred from the benefit of this particular bequest and his, her or their portion dividend or share that would fall to him, her or them shall then fall and be added to the dividends such creditor or creditors not molesting my said executor or his successor in pro ratio to their respective claim. 19th. I hereby, further order and direct and it is my express will and devise that in case my said executor should die or resign of the trust and so forth thus herein before unto him committed before the decease of my said son Jeremiah (or after if required) then and in such case I do hereby give and entrust the same unto Levi Miller aforesaid by him to be performed and carried out to all intents and purposes with the same power and authority as enjoined upon him my said Executor more fully set forth in this my will. In witness whereof the said testator has hereunto set his hand and seal this twenty fourth day of March A.D. 1879. Signed: Peter Weaver X [his mark] Signed, sealed and delivered by the said testator as his last will and testament in the presence of
Submitted by Betty.
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