Last Will and Testament of John Tobias

Berks County, PA

Be It Remembered,

That I, John Tobias---

Being of sound and disposing mind, memory and understanding, and considering the uncertainty of life, do therefore make, ordain, publish and declare, this to be my last WILL and TESTAMENT, in manner and form following, the is to say:

Imprimis:

I direct all my just debts and funeral expenses to be fully paid and satisfied by my executor hereinafter named as soon as convenient may be after my decease.

Item, I give and bequeath unto my beloved wife Catharine Tobias all my personal property consisting of money, bonds, notes, furniture, etc (and all my real estate consisting of a messuage, tenement and tract of land situate in Upper Bern Township Berks County adjoining lands of Peter Spatz, John Feick and Jonathan Loose, containing twenty acres more of less-If Daniel Resch can-not keep it) (I do order and bequeath the whole of the above described messuage-tenement unto my beloved wife Catharine Tobias during her natural life-In case she survives me.

Item. It is my will and I do order that after the decease of my beloved wife Catharine Tobias the residue shall be divided as follows by my executor hereafter mentioned-

First, I give and devise to my son William Tobias his heirs and assigns one dollar and a half

Secondly-I give and devise to my son Joseph his heirs and assigns one dollar and a half

Thirdly-I give and devise my son Daniel his heirs and assigns one dollar and a half

Fourthly-I give and devise to my son Benjamin his heirs and assigns two dollars and a half-

Fifthly-I give and devise to my son Levi his heirs and assigns two dollars and a half

Sixthly-I give and devise to my daughter Isabella her heirs and assigns, one dollar and a half

Seventhly-I give and devise to my daughter Sarah her heirs and assigns one dollar and a half

Eighthly-I give and devise to my daughter Lucian Ann her heirs and assigns one dollar and a half

Ninthly-I give and devise to my daughter Polly her heirs and assigns twelve cents.

And as to all the rest, residue and remainder of my Estate, real, personal or mixed, of whatever nature or kind, or wheresoever situate at the time of my decease, I do hereby give devise and bequeath to my daughter Lovinia.

And lastly, I do make, constitute and appoint Wm. K. Haag to be the executor-of this my last Will and Testament, hereby revoking all former Wills by me at any time heretofore made, and declaring these presents only to be and contain my last Will and Testament.

In witness whereof, I have hereunto subscribed my name, and affixed my seal the twenty third day of March in the year of our Lord one thousand eight hundred and Seventy one.

John (X his mark) Tobias

Signed, sealed, published and declared, by the testat above named, as and for his last Will and Testament, in the presence of us, who have hereunto, at his request, subscribed out names in his presence, and in the presence of each other, as witnesses hereto

Franklin K. Rick
E. B. Miller

January 5, 1877 E. B. Miller

Registers office Berks County (not sure could be SS or 88 or 33) on the 5th day of January AD 1877 Before me P. Y. Edelman Register of Wills (se ??) personally appeared E. B. Miller and on the 26th day of January AD 1877. Personally appeared Franklin K. Rick the Subscribing Witnesses to the foregoing will being duly Sworn according to (Saw ?? not sure of word) did depose and say that they were present and did see and hear John Tobias the Testator make his mark real publish and declare the foregoing Instrument of writing as and for his last will and Testament that at the time of so doing he was of Sound Mind Memory and understanding to the best of his knowledge observation and belief.

P. Y. Edelman, Register

Will of John Tobias

Proved Jan. 26th AD 1877 and Letters of Testamentary in (Common??) form were granted unto William K. Haag the Executor in the will named having first been duly qualified there to died in the Township of Upper Bern on the 16th day of December AD 1876 at between 5 & 6 o'clock AM

March 22nd 1841. (Date on the will)

John's wife, Catharine died the day after the will was probated.

John died 16 Dec 1876, will was proved 26 Jan 1877 and Catharine died 27 Jan 1877. Catharine was supposedly the 3rd wife.

All the children listed on the will are not hers. Benjamin, Levi, his twin sister who died in infancy and Lovina all were Catharine's.

This gives the appearance that the will was dated January 1877 even though we show John dying December, 1876.

The following provides the December date but it's not clear to me whether this refers to John or to his exectutor who died--and this date picked up as John's.

Submitted by: Crystal (Tobias) Ritter.