Berks County, PA, February 9, 1767
In the name of God Amen the ninth day of February in the year of our Lord one thousand seven hundred and sixty seven. I, Nicholas Jones of the Township of Amity in the County of Berks and Province of Pennsylvania Cord Weiner, being weak of body but of sound mind and memory thank be given to God for the same, and calling to mind the mortality of my body and knowing that it is appointed for all men to die do this ninth day of February aforesaid make ordain and publish this my Last Will and Testament in manner and form following:
And first I recommend my Soul to God that gave it and my body to the earth to be buried in a Christian like manner at the discretion of my executor hereafter named nothing doubting but at the general resurrection I shall receive the same again by the mighty power of God. And as touching such only Estate left here is that hath ---- God to bless me with in this life I give devise and dispose of the same in the following manner and form:
Imprimis it is my will and I do order that in the first place all my just debts and funeral charges be paid and satisfied.
Item I give and bequeath unto Judah my dearly beloved wife all and singular my land and tenement that I now hold and possess together with all my moveable estate both indoor and out for and during and to the full end and form that she remains my widow in order to enable her to bring up and educate my children in a good Christian manner. She being the same with such frugality and discretion as shall not lose and destroy any said lands and timber more then will be necessary for the use of said place and firewood.
But if she my said wife should marry again then it is my will and I do order that all of my land and moveable estate shall be sold by my executor hereafter named to the best advantage, and the money arriving there from to be appropriated in manner and form following that is to say one third part of all the money that my moveable estate shall sell for I give and bequeath unto my beloved Judah the remainder to be put with the money that my land and tenement shall sell for and to be divided among my children and my said wife as is hereafter ordered and executed of which said money I give to my wife thirty pounds to paid to her out of the first payment made for the land and tenement and to be enjoyed by her and her assigns for ever and to my son Samuell Jones the sum of one hundred pounds and to my son John Jones the sum of one hundred pounds and to my two daughters Sarah Jones and Margaret Jones the sum of one hundred pounds to be divided between them share and share alike but it is my will I do order none of my children shall enjoy any part of the above legacy before they come to the ages hereafter mentioned that is the sons at the age of twenty one years and the daughters at eighteen years and it is my will and I do order that if any one or more of my children should die in their minority or before they come to age above mentioned and is without lawful issue then such child or children's part shall be equally divided between my remaining children whether they be sons or daughters and whereas by afore going estate I given all my estate into the hand of my wife during her widowhood both seal and personnall. I hereby give and bequeath unto her my said wife Judah my young bay mare and her side saddle for her own property for ever.
Item it is my will and I do order that if after my death it should appear to my executor that some part of my moveable estate would be necessary to keep on the place they shall sell the such goods and chattels by vend and the money arriving there form to be given to my to help her the more to lay my debt and to maintain and educate my children.
And whereas the real value of my lands and tenements is not fully known if it should sell with the moveable to make a larger sum then will pay my debts and fully discharge all the fore going bequests and legacies I do order all such over — money to be divided amongst my said children or their survivors of them recoding to heir several shares or parts as is before set forth and mentioned and if my said estate should fall short and not amount to so much as will pay the legacies aforesaid then there shall be appropriate deduction made from every childs part or share according to sums herein before specified and mentioned.
And further I do order that if my wife Judah should not marry again but continue a widow she shall not enjoy my land and tenement any longer than until my eldest son comes to the age of twenty one years anything herein contained to the contrary not withstanding but at that time all my whole estate shall be sold and the money appropriated as afore said and I do further order that if my sons live they shall be bound out to such trade as they shall chose when they come to the age of seventeen years and to be under the tuition and care of their mother if she lives till then unless she should marry again then they shall be sent out apprentices as soon as she shall marry to prevent their being charged for their bringing up and I do hereby constitute and ordain nominate and appoint my wife Judah and brother in law Peter Yocum to be my executrix and executor to see the same and every part there of justly fulfilled according to the true intent and meaning thereof and I do hereby utterly disallow revoke and disannull all and very other former testament wills legacies and executors by me or anywhere made ratifying and confirming this and no other to be my Last Will and Testament in witness whereof I have hereunto set my hand and seal the day and year above written.
Nicholas Jones
Signed sealed published pronounced and declared by the said Nicholas Jones as his last will and testament in the presence of us the subscribers the day and year aforesaid and at the request of the testator.
Leonard Rodermal
Abraham Enoch
Jos. Millard
Reading Berks Pennsylvania
The 25th day of April Anno Domini 1767 Leonard Rodermal & Abraham Enoch two of the subscribing witnesses and on their solemn oath on the Holy Evangelists did severally depose and say that the aforegoing writing was in their presence and hearing signed sealed pronounced published declared by the said Nicholas Jones Last Will and Testament and that the said testator Nicholas Jones was at the time of doing thereof of sound mind memory understanding according to the best of their knowledge belief and also that their names thereto were respectively by them subscribed as witnesses thereto in presence of each other and in presence of the said testator at his request Joseph Millard Esquire subscribing as a witness thereto at the same time in their presence Coram Me James Read.
Contributed by: Liz Harrison.
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