Fayette County Genealogy Project

Will of Basil Brownfield  1881
   In the name of God, I Basil Brownfield of South Union township County of
Fayette and State of Pennsylvania being of sound disposing mind memory and
understanding, thanks be to God for his many blessings and mercies, do make
ordain publish and declare this as and for my last will and testament hereby
revoking and making void all former wills by me heretofore made; My will is
that my mortal body after death, be consigned to its mother earth, and my
spirit I commend to God who gave it, and as to such worldly estate as it has
pleased God to bless me with, I dispose of as follows.  1st I direct my
executors herein after named as soon after my decease as practicable to pay
all my just debts, funeral and other expenses growing out of the settlement
of my estate.  2nd I give and bequeath to my son Joseph C Brownfield, in
addition to what I have heretofore given him the sum of ten dollars,
whatever I may give in advance to him after the date hereof is to be
deducted out of the above legacy.  3rd I give and bequeath to my daughter
Sarah Core wife of William F. Core in addition to what I have heretofore
given her the sum of fifteen hundred dollars and whatever I advance to her
after the date hereof is to be deducted from said fifteen hundred dollars.
4th I give and devise to my daughter Lydia, wife of Thomas McClelland for
and during her natural life, all the cleared land belonging to me on the
west side of the Uniontown & Morgantown road now enclosed and strip of wood
land fenced in with the same and at her death I devise said land in fee to
her children, share and share alike. Should any of her children die leaving
issue such issue shall take such parents share throughout.  I bequeath to my
said daughter Lydia a life interest in two shares of my residuary estate and
also the sum of three thousand dollars, and direct my Executors to invest
the monies arising from said bequests to Lydia in judgments or in mortgage
on real estate, and the interest arising therein to be paid to said Lydia
McClelland semiannually during her natural life. Provided however if the
said Lydia McClelland should become a widow, then in that case I direct my
Executors to pay to her absolutely the above legacies instead of  the
interest as aforesaid but in case she does not become a widow then at her
death, I bequeath the fund arising from the ten shares of my residuary
estate and the sum of three thousand dollars to her children upon the same
terms and conditions as to the land devised to them, I also bequeath to said
Lydia McClelland my horses, cows, buggies, and harness and all my household
goods and furniture. If I build her a house then she is to have two instead
of three thousand dl.  5th  I give and bequeath to my son William Brownfield
during his natural life the lot I purchased and is known as the Rev William
Brownfield lot and all of the Sutton tracts, except the house and lot where
Mitchell lives, the Eastern line of said lot is to run parallel with the
Uniontown road and the Eastern line of the Mrs. Hatfield lot, commencing at
the Northeast corner of the Hatfield lot, and thence to the School House
road.  He is to have also, one acre of ground off the ???? lot where the
barn stands now in his possession. At his death I devise the above lands
bequeathed, to his lawful children, share and share alike., in the same way
and manner as the devise to Lydia’s children, the above is to be his share
in full out of my estate.
6th I give and bequeath to the within named children of my deceased daughter
Mary, who was intermarried with Isaac Hutchinson to wit: to Mary Hutchinson
five hundred dollars, to Elizabeth Hutchinson three hundred dollars, to
Emily Thomas who was Emily Hutchinson two hundred dollars, to Margaret
Sutton, who was Margaret Hutchinson, two hundred dollars, to Scott
Hutchinson two hundred dollars if any of the above named Grand children
should die before receiving their legacy as above, leaving living issue,
such issue shall take the parents share, otherwise the same shall be divided
equally between the children of  my said daughter Mary, to be paid in one
year after my decease.  7th I devise to my daughter Margaret intermarried
with Jehu Brownfield a part of my home place,
bounded on the East and North by the road leading to Fairchance Iron works
through my farm, from the Uniontown and Morgantown road: on the West by said
Uniontown and Morgantown road , and on the South by land of said Jehu
Brownfield, situate in Georges township in said County, and is supposed to
contain thirty or forty acres, to her and her heirs in fee simple. Excepting
the stone coal, and minerals sold. I also bequeath to her one thousand
dollars, to be paid to her, or if she should die before receiving this
legacy, to her children in two years after my decease. I also bequeath to
her one share out of my residuary Estate, to go to and be paid as the legacy
above, under the same circumstances.  8th To my daughter Ruth intermarried
with Joseph Barton, having give them a child’s share, heretofore, I release
the said Joseph Barton from all claims which I may or might have against
him, and I bequeath to her the sum of five hundred dollars to be paid in one
year after my decease, and in addition thereto I bequeath to her one share
out of my residuary estate, but should the said Ruth Barton die before
receiving the above bequests, then to her children share and share alike, as
is directed in the devise to Lydia’s children.  9th I give and devise to my
son Robert Brownfield the farm on which he now lives in Georges township
Fayette County known as a part of the Mabry farm, containing about Sixty
acres, to him his heirs and assigns in fee simple except the stone coal and
minerals heretofore sold. I also release him from all claims I have against
him and direct my Executors to satisfy all the judgments I have against or
own against him  provided he makes no claims against my estate for services
or otherwise he to have no more of my estate.  10th  Having heretofore made
a deed to my son Isaac A. Brownfield for a part of my home farm, which at
the time was supposed to contain about one hundred and sixty seven acres,
but by survey since made is found to contain two hundred and thirty three
acres, the surplus of land which is contained within the boundaries as given
in said deed over and above the one hundred and sixty seven acres , I hereto
give and devise the same to my said son Isaac A Brownfield his heirs and
assigns forever, in fee simple out of my home farm in South Union township
aforesaid. He to have nothing more out of my estate.  11th I hereby
authorize direct and empower my Executors herein after named or the
survivors of them to make sale of all my property not devised or bequeathed
real, personal, or mixed and wherever situate, either at public or private
sale, when such terms or conditions and at such time or times as a majority
of them may think best and to make, execute and deliver deeds for any and
all lands or minerals of every kind and description which I have or may sell
under articles of agreement and for which no deed or deeds have been my me
executed upon payment on the same being made. Also to collect all monies due
or to become due to me of every kind whether on note, bond, judgment,
mortgage, book account or otherwise, as also all monies arising from sales,
and to receipt for the same, and after paying all my just debts, funeral
and other expenses, the legacies aforesaid and expenses of settling my
estate the balance remaining thereafter, is to form my residuary estate
which I direct my Executors to divide into seven shares and bequeath one
share of the same to the children of my deceased daughter Mary Hutchinson,
to be equally between them. To my daughter Margaret Brownfield one share, as
herein before set forth. To my daughter Ruth Barton one share as herein
before set forth. To my son Joseph C Brownfield one share. To my daughter
Lydia McClelland two shares as herein before set forth. To my daughter Sarah
Core one share thereof, the share bequeathed to Sarah Core, I direct to be
invested in some safe securities, she to receive the interest on the same
during her lifetime, but if she should become a widow then she is to have
the share in full, but if she should not become a widow, then at her death,
the principal of said is to be paid to her children in equal proportions. I
direct my Executors to pay Basil Gaddis Grandson of Thomas Gaddis of Ohio
one hundred dollars, if the same is not paid in my lifetime: I desire my
Executors to let a portion of the mortgage which I hold against my son Isaac
A., remain to pay Lydia’s interest, as long as he may desire it, or until it
is needed, provided he pays the interest as herein directed. I hereby
constitute and appoint my son Isaac A Brownfield, John Collins and George B
Hutchinson Executors of this my last will and testament. In witness whereof,
I have hereunto set my hand and seal this 27th day of June 1881.
Basil Brownfield
Signed sealed published and declared by the said Basil Brownfield as and for
his last will and testament in the presence of us who have hereunto
subscribed our names as witnesses, at his request and in the presence of
each other.
John Collins
William Henry Grimes
I Basil Brownfield the within named testator do hereby make and publish this
codicil to be added to my last will and testament, bearing date June 27th
1881, in manner following to wit:  And whereas in my said will I have given
and bequeathed to my daughter Lydia McClelland the interest of three
thousand dollars, and at her death the principal to her children, but if I
build her a house, then the bequest was to be two instead of three thousand
dollars. As I cannot build her a house, I hereby authorize my Exrs aforesaid
to pay out of said of three thousand dollars in or for the building her a
dwelling house, such as she may desire to have erected a sum not exceeding
one thousand dollars, the residue of  said three thousand is to go as herein
before directed in said will, subject to the life estate of said Lydia ????
and of the deduction of the principal as set forth in this codicil I also
bequeath to said Lydia the lumber on hand which was intended for a house for
her, all the bequests made in said will and codicil to Lydia McClelland are
made on the condition that she makes no charge against me for services to
date, if she makes any charges as aforesaid then I revoke all gifts and
bequests by me made to her, as witness my hand and seal.
His
Basil       Brownfield
Mark
August 17th 1881
Signed sealed published and declared by the said
Basil Brownfield as a codicil to his said last will in the presence of us
who have hereunto subscribed our names as witnesses at his request and in
his presence
Amos S Bowlby
John Price
 Fayette County
 Be it remembered that on the 27th day of August AD 1881 before me John W.
Darby, Register for the Probate of Wills and granting Letters of
Administration in and for said County, came John Collins and William Henry
Grimes subscribing witnesses to the foregoing instrument in writing
purporting to be the last will and testament of Basil Brownfield dec’d who
being duly sworn according to law did each depose and say that they were
personally present and saw said Basil Brownfield sign and seal the foregoing
Instrument of writing and heard him declare the same to be his last will and
testament when of sound and disposing mind and memory to the best of their
belief. That they signed their names as witnesses thereto by request of the
said testator in his presence and in the presence of each other. That they
know of no undue influence being used in making said will or any later will
made.
  Same day before me came Amos S. Bowlby and John Price subscribing
witnesses to the foregoing codicil who being duly sworn according to law did
each depose and say that they were personally present and saw said Basil
Brownfield sign and seal the foregoing codicil (by making his mark) and
heard him declare the same to be a codicil to his said last will and
testament when of sound and disposing mind and memory to the best of their
belief. That they signed their names as witnesses thereto by request of the
said testator in his presence and in the presence of each other. That they
know of no undue influence being used in making said codicil or any later
will or codicil made.  In testimony whereof  I have hereunto set my hand and
official seal at Uniontown the date above written.
John W. Darby Register
Letters Testamentary were granted Isaac A Brownfield, John Collins and
George B Hutchinson, August 27th 1881
                                         Registered and Compared August 27th
AD 1881

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