1788: Reading, Berks County, PA
Will of George KUTZ
In the Name of God, Amen
I, George Kutz of Maxatawny Township, county of Berks, state of Pennsylvania, being weakly in body but of sound mind and memory, blessed be God for the same and calling to mind the uncertainty of this transitory life and that it is ordained once for all mankind to die, do hereby make and ordain this to be my last will and testament in manner and form following:
First -- I bequest my body to the earth from when it was taken in sure and certain hope of a Resurrection with the just when all things have their final end and that my burial be in a Christian like manner without pomp at the discretion of my executors; Second-- It is my will that after my decease my funeral expenses and just debts be first paid out of my estate; Imprimis--I give and bequeath to my beloved wife Mary Margaret one bed, bed bedstead and bedding thereunto belonging the one we now lie on, all the household furniture and like the kitchen furniture, cow to be at her own disposal and to do with as she pleases--also yearly and every year so long as she lives the sum of five pounds o be paid her by my executors, viz: on the first day of June, yearly the first payment to be made in one year after my decease, to be paid over to out of the rents accruing fro my town called Kutztown. But if she should marry then the said yearly rent or sum of five pounds to cease and determine and revert to the owner of said town. Item--I give and bequeath unto my son George Kutz the sum of five shillings to paid him by my executors in one year after my decease. Item--I give and bequeath unto my daughter Madelina, the wife of Morton Keim, the sum of five shillings to be paid her at the end of one year after my decease. Item--I give and bequeath unto my daughter Mayr Kutz, my new house in my town called Kutztown and one out lot belong thereto together with all that tract or piece of land lying to the northwest of said town, bounded by the town lots and out lots, land of Jacob Kutz and land of my son George Kutz and of land late of Jacob Levan containing by estimation about twenty acres to the same more or less with its appurtances, to hold to her the said Mary Kutz and the heirs of her body lawfully begotten to her, and their on proper use and behoof forever, always excepting and reserving the mill dam and mill race, privilege for the use of the mill forever, but if my daughter Mary should die before she marries or without issue then said home lots of ground and said land shall be valued by three indifferent persons and the valuation therefore shall be divide between my other children each and equal shares and my son George shall have the refusal of said land and house if he chooses to accept of it at said valuation.If he will not accept of it then my son Dewalt shall have the refusal thereof, if he see fit to keep it at such valuation; then he shall pay to his brother and sister then living or their heirs their respective shares agreeable to such valuation and on payment of the same shall hold and enjoy the same as his own proper right and estate and the hheirs of his body lawfully, begotten to him and their use and behoof forever and if my son George accept of it then he shall pay to his brother and sister if living their respective share according to such valuation and to their heirs, if no living and hold and enjoy the same as his own proper right and estate for him and the heirs of his body lawfully begotten to him their own proper use and behoof forever. And further i hereby nominate, constitute and appoint my well beloved and trusty friends George Kemp and Jeremiah Wills my true lawful executors of this my last will and testament, giving them full authority by virtue of this my last will and testament to make, seal and deliver any deed or conveyance or other lawful instrument in writing, to the holder and possession of my lots to said town that shall not be conveyed to the owner and giving and granting them full power and authority to make, seal and deliver and convey unto my daughter Mary and my son Dewalt deeds of lawful conveyance for their respective holdings above mentioned as well as for the respective above mentioned if not conveyed before my decease, fully and amply and to be of as full force, as if my myself had conveyed them or were personally present hereby ratifying this and revoking all others, do declare this to be my last will and testament. George Kutz Register’s office at Reading in Berks County, April 2nd, 1788 appears George Fister and Jacob Herman witnesses to the above written will and do swear upon their solemn oath did severally dispose and say that they were present, saw and heard George Kutz the testator therein named, sign seal pronounce publish and declare the above writ to be his last will and testament. and at the time of of doing thereof he was of sound mind, memory and understanding as they verily believe and that the names of said deponents by them respectfully subscribed thereto as witnesses in each his own proper handwriting done in the presence of each other a the request of and in the presence of said testator. Crammer Henry Crist, Registor USGENWEB NOTICE Printing this file by non-commercial individuals and libraries is encouraged, as long as all notices and submitter information is included. 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Item--I give and bequeath unto my son Dewalt above named all and singular my town called Kutztown situate in the Township of Maxatawny aforesaid with all the appurtenance thereunto belonging, in lots and out lots, except the lot above mentioned bequeather unto my daughter Mary as the same is now laid out and settled agreeable to the plan thereof with all the rents, ground issue and profits thereof, which is yearly to be paid; the possession thereof to hold to him the said Dewalt, his heirs and the heirs of his body lawfully begotten to him and their own proper use and behoof forever. But if my son Dewalt should die before he marries or without issue then the sums arising from said town shall be equally divided year and every year among my other children children then living, each an equal share, until my son George’s eldest son shall arrive to the age of twenty one years, if he has male issue. But if my son George shall have no male issue then after his decease the said town shall be sold by public auction or venue to the highest bidder free and clear of all ground rents, and the money arising by virtue of said sale shall be equally divided amongst the heirs then living. that if my son George should have male issue then his eldest son at the age of twenty-one years shall hold and enjoy the said town and receive the rents, issue and profits thereof for him and his wife and behoof of the heirs of his body lawfully begotten as fully and amply as my son Dewalt shall hold the same in his life time.