Will of Samuel Y. Shearer

B. Y. SHEARER, sworn to the death of Samuel SHEARER late of Bern Township, deceased, being duly sworn, doth depose and say that the said Samuel SHEARER died in said Bern Township, Berks County, State of Pennsylvania, on the 22 day of May A.D., 1881 at about 2 o'clock, P.M.

In the Orphans Court of Berks County, Pennsylvania; In the Estate of Samuel SHEARER, deceased:

Sur account of Wm. Y. SHEARER, executor, 1886, October 4, And now the above named account having been called for audit, and adjourned from time to time until January 3, 1887 when it was fully and finally heard.

The following named counsel and partied appeared: B. Y. SHEARER, Esq., and [the] Hon. A. S. SASSAMAN appeared for accountant who was also personally present at each meeting.

A.B. RIESER and Henry C. G. REBER, Esqrs. appeared for Amos Y. SHEARER, who filed exceptions to the account. The testator died May 22, 1881, having first made his last will and testament, a copy of which is hereto attached. Wm. Y. SHEARER, the oldest son, was named in the will as executor and letters testa- mentary in due form were granted to him. The testator left to survive him a widow, Catharine SHEARER and the following children: William Y. SHEARER; James Y. SHEARER; Catharine HAIN, widow of Emanuel HAIN, dec'd; Elizabeth DUNDORE, wife of Benneville B. DUNDORE; Sarah WEITZEL, who (widow of Thomas WEITZEL, dec'd) died several years before said testator, leaving the following children to survive her: a) Elizabeth WEITZEL; b) Jonathan WEITZEL; c) Annie SCHELL (wife of Daniel SCHELL) a minor who has for her guardian B. B. DUNDORE);d) Beckie WEITZEL, a minor who has for her guardian Wm. Y.SHEARER; e) Hiram S. WEITZEL, a minor, who has for his guardian B. Y. SHEARER. Aaron Y. SHEARER; B. Y. SHEARER; Amos Y. SHEARER, who has for his trustee, Wm. Y. SHEARER so appointed by his father in his will. Bregetta HIESTER, dec'd, who was the wife of Evan R. HIESTER. She died several years before her father and left the following children: a) Mary HIESTER; b) Clara HIESTER; c) [missed on list], d) Edwin HIESTER.

It is agreed by all the parties that the executor be surcharged with $24.00 for a difference in coffin and tombstones, and also with $33.00 an error made in time account and costs.

It is also agreed that the accountant should have credit for $74.13 for time, and also credit for $25.00, for interest paid on bond of J. H. HAGEMAN.

The will provides for the payment of Fifty Dollars to the widow, which appears to have been paid.

The note held by the estate of Emanuel HAIN, dec'd is affected by the statute of limitations and cannot be allowed against objections.

There was quite a contest between the exceptant [sic] and the accountant which resulted and ended in the absolute and unconditional withdrawal of the exceptions, and all objections to the account.

Balance due estate as per account filed	504.25
Surcharges of Accountant:
Differene in coffin and tombstone	24.00
Issue{?} account & Examptification{sic}	33.00
	57.00
sub total	561.25
Additional Credits:
Claim for Time	74.13
Interest Paid	25.00
	99.13
Balance for distribution	462.12
Distribution:
Register Costs	3.00
B. Y. Shearer and Hon. A. S. Sassman	27.00
Balance:	432.12

By this will this balance is distributed to Amos Y. SHEARER under the clause which bequeathed to him the sum of one hundred dollars annually for the services rendered the decedent his father since his majority. The period he so served is admitted to have been ten years. In a subsequent clause the testator directs his son William Y. SHEARER "to take charge of this fund and apply the same and interest thereon for the use of the said Amos SHEARER as in said William Y. SHEARER's judgement" shall appear best. There is no bequest over, nor does the will disclose an object for this trusteeship. Under such circum- stances our Courts have declared like trusts to be dry, and hence void, see YARNELL's Appeal 20 P.F.S. 335. OGDIUS Appeal Ibid 501. The Courts have further decided that a bequest of the interest of a fund without limitation as to the extent of its duration is a bequest of the fund itself. GARRET v. REX G.W. 14 Amelia SMITH's Appeal 11 Harris 9, decides that the law in a doubtful case of a will should be construed in favor of an absolute, rather than a defeasable [sic] estate. For these reasons this sum of $432.12 is distributed absolutely and directly to Amos Y. SHEARER.

Copy of will account statement, notes of testimony of proceedings are hereto attached. It is ordered and decreed that Wm. Y. SHEARER executor as aforesaid do pay the fees and costs, and the balance of the fund, to wit $432.12 to Amos Y. SHEARER.

Contributors Note: Although the estate settlement papers stated the will of Smauel SHEARER was attached to the file, no copy was found in the file at the Berks County Courthouse, in 1999.

Samuel SHEARER (born 2-29-1808; died 5-21-1881) s/o John and Sophia (nee TOBIAS) SHEARER and his wife Catharine (nee YORGEY) SHEARER (b. 4-1-1810 d.7-4-1891) d/o Henry & Maria Dorthea (nee DERR) YORGEY are both buried at Epler's Church in Bern Township, Berks County, PA. Samuel T. SHEARER married Catherine D. YORGEY on Oct. 4, 1829.

Sources: Epler's Cemetery Records, Biographical Annals and History of Berks County, and Shearer family history written by Isabel Yost in 1983.

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Last Will and Testament of Samuel Y. Shearer