of Strasburg township Lancaster county
In the name of God, Amen. I, Martin Barr of the Township of Strasburg, in the County of Lancaster and State of Pennsylvania, farmer, being advanced in years, but of sound mind, memory and understanding, /: thanks to God for the same :/ but considering the uncertainty of this life, do make and publish this my last will and testament in manner and form following, viz.
First. It is my Will, and I do order, that all my just debts and funeral expenses be duly paid and satisfied as soon as conveniently may be after my decease.
Item. I will, devise and bequeath unto my beloved Wife Fanny, all my Estate, real and personal, whatsoever and wheresoever and of what kind and sort soever after the payment of my just debts and funeral expenses, as aforesaid and the proceeds, incomes and profits arising therefrom: To hold the same to her, the said Fanny, for and during the term of her natural life. And at the decease of my said Wife Fanny, I order and direct my Executor hereinafter named, to make public sale of all my Real Estate, lands and tenements, goods and chattels, whatsoever and wheresoever, and the monies arising therefrom I give and dispose thereof as follows, to wit:
Item. I give, devise and bequeath One thousand Dollars thereof, to my grand daughter Fanny, now the wife of Jacob Mayer: To hold to her, the said Fanny, her heirs and assigns forever.
Item. I give, devise and bequeath to my grand daughter Letitia B. Neff, One thousand Dollars there of: To hold to her, the said Letitia B. Neff, her heirs and assigns forever. And I do hereby order and direct my Executor hereinafter named, to pay said legacies to the aforesaid legatees or their proper representatives, at the expiration of one year after the decease of my said Wife Fanny.
And as to the rest, residue and remainder of my estate, whatsoever and wheresoever, I give and dispose thereof as follows, viz.
Item. To my daughter Ann, intermarried with Jacob Neff, Jr., the one third part thereof: To hold to her, the said Ann, her heirs and assigns forever.
Item, To my son Benjamin I give and bequeath the one third part thereof: To hold the same to him, the said Benjamin, his heirs and assigns forever.
And as to the residue, or other third part thereof, I give and bequeath to my son Martin the sum of Fifty Dollars; and the balance of which said third part, I give, devise and bequeath to the children of may said son Martin, now born, or that may hereafter be born, in lawful wedlock, share and share alike: To hold the same to them, respectively, their heirs and assigns forever. But, in the event of any of the said children dying in their minority and unmarried, then and in such case I order and direct that their share or proportion willed to them as aforsaid, shall descend to, and be divided equally amongst the survivors of said children, and the legal representatives of such of them as may then be dead. And I do hereby order and direct, and it is my Will, that my Executor hereinafter named do pay to the children of my said son Martin their several and respective legacies, heretofore bequeathed to them by me, as they respectively arrive at the age of twenty one years, or on the day of their marriage, whichever shall first happen.
It is my will, and I do hereby order and direct, that my Executor hereinafter named shall have the privilege of selling or disposing of my Real Estate, lands and tenements, either in whole tracts, or parts and parcels, as to him may seem most advantageous to my estate: And upon sale of such estate, to execute a deed or deeds to the purchaser or purchasers thereof in fee simple.
The legacy, or part of my estate, heretofore bequeathed to my daughter Ann, the wife of the said Jacob Neff, Jr., I direct my hereinafter named Executor to pay to her or her proper representative, at the expiration of one year after the decease of my said Wife Fanny.
And lastly I nominate, constitute and appoint my aforesaid son Benjamin to be the Executor of this my last will and testament, hereby revoking all other wills, legacies and bequests, by me heretofore made, and declaring this and no other to be and to contain my last Will and Testament.
In witness whereof I have hereto set my hand and seal, the sixteenth day of May, in the year of our Lord one thousand eight hundred and thirty eight.
Martin Barr (seal)
Signed, sealed and declared by the said Testator as his last Will and Testament in the presence of us
Signed: Jacob Martin James Black
I, Martin Barr, the within named testator, do hereby make and publish this Codicil, to be added to my last will and testament in manner following, to wit: Whereas in my said will I have given the one third part of my Estate, which remains after paying my just debts and funeral expenses and certain specific legacies therein mentioned, to the children of my son Martin, deducting therefrom the sum of Fifty Dollars specifically bequeathed to my said son Martin, which said one third part is directed to be paid to the children of my said son Martin share and share alike, as they respectively arrive at the age of twenty one years, or on the day of their marriage, whichever shall first happen: It is now my will, and I do hereby order and direct that the respective shares thus bequeathed to the children of my son Martin, shall not be paid to them during the lifetime of my said son Martin but shall remain the hands of my executor, the interest whereof to be paid annually by my Executor to my said son Martin: and after the decease of the said Martin, the principal, being the one third of the residue of my estate as above mentioned, to be paid to the children of my said son Martin, in the manner therein before directed by my Will.
And lastly it is my will and desire, that this my present Codicil be annexed to, and made a part of my last will and testament aforesaid, In witness whereof I have hereunto set my hand and seal the twenty fourth day of January, A.D. 1844.
Martin Barr (seal)
Signed, sealed, published and declared by the said Martin Barr as and for a Codicil to his last will and testament in the presence of:
John Strohm
Lancaster County, __. On the eighteenth day of July, Anno Domini 1844, Before me the subscriber personally appeared Jacob Martin, a subscribing witness to the preceding Will, and on his solemn Affirmation says that he was present and saw and heard Martin Barr the testator therein named, sign, seal, publish, pronounce and declare the same to be his last will and testament, and at the doing thereof he was of sound and well disposing mind, memory and understanding, to the best of his knowledge, observation and belief.
Jos. Ehrenfried Deputy Regr.
Lancaster County, __. On the eighteenth say of July, Anno Domini 1844, Before me the subscriber personally appeared John Strohm, the subscribing Witness to the Codicil attached to the preceding Will, and on his solemn Affirmation says that he was present and saw and heard Martin Barr the testator therein maned, sign, seal, publish, pronounce and declare the said Codicil to be part of his last will and testament, and at the doing thereof he was of sound and well disposing mind, memory and understanding, to the best of his knowledge, observation and belief. SIGNED ?
Lancaster County, __. On the second day of September, Anno Domini 1844, Before me the subscriber personally appeared James Black, on of the subscribing witnesses to the preceding Will, and on his solemn Oath says that he was present and saw and heard Martin Barr, the testator therein named sign, seal, publish, pronounce and declare the same to be his last Will and Testament, and at the doing thereof he was of sound and well disposing mind, memory and understanding, to the best of his knowledge, observation and belief.
Henry Miller, Jr. Reg.
September 2d, 1844. Letters Testamentary granted to Benjamin Barr, the Executor, he being duly affirmed well and truly to administer the goods and chattels, rights and credits of the said testator according to law, and also that he will diligently and faithfully regard and well and truly comply with the provisions of the Law relating to Collateral