Wills: John McCartney, 1865: Logan Twp., Blair Co., PA Contributed for use in USGenWeb Archives by Sharon McCartney Russell jerusse@erols.com USGENWEB ARCHIVES (tm) NOTICE All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. ___________________________________________________________ The Last Will and Testimony of John McCartney Deceased Blair County Will book B Page 346 DOD July 3, 1865 In the name Of God, Amen. I, John McCartney of the Township of Logan in the County of Blair and State of Pennsylvania being sick and weak in Body, but sound and disposing mind, memory and understanding, considering the certainty of Death and the uncertainty of the time thereof, and being desirous to settle my worldly affairs, and then be better prepared to leave this world when it shall please God to call me home, do therefore make and publish this my last Will &testament in manner and form following to wit. First and principally I commit my soul into the hands of Almighty God, and my body to the earth to be buried by my surviving friends and after my debts and funeral charges are paid. I desire and bequeath as follows. Item: I give and bequeath unto my wife Charlotte the use and income of the farm on which I now reside (except so much as shall be needed for repairs and taxes on same) during her natural life . the use and privilege of the house in which I now live, except so much as herein after reserved with all my household furniture not otherwise herein excepted, which shall be in full of her share of my estate, real and personal. Item: It is my Will and desire that all my other real estate shall be rented by my Executors herein after named, during the natural life of my said Wife, and the income after deducting necessary expenses for repairs, taxes, & to be put to interest during the natural life of my said wife, and also all moneys that may be on hand at my decease or that are due me on notes, contracts, bonds, book accounts or otherwise shall be collected and put to interest during the lifetime of my said wife, and that upon the decease of my said wife, all the money in the hands of my Executors, after deducting all the expenses to, shall be equally divided between my three children, namely, Margaret Jane McCartney intermarried with John A. Smith, Mary McCartney intermarried with G. Lewis Myers, and John C. McCartney, share an share alike. It is also my Will and desire that upon the decease of my said wife all of my Real Estate shall be appraised and valued and my said children shall have the privilege of taking the same at the valuation according to the laws of this Commonwealth in such cases. Any portion of my said real estate that may not be so accepted by my said children, then said real estate to be sold and the proceeds so divided, each of my children shall have out of my real estate equal shares weather taken at valuation or sold by my Executors. Item: I give and bequeath unto my said Daughter Mary the use of that part of the house she now lives in with one year after my decease, also my bed dining table and on cupboard to be selected by my said wife . It is further my will and desire that if in the opinion of my executors herein -------------------- -------------any of my said children shall need for their further support, any portion of the money of my estate herein directed to be put to interest at any time previous to the decease of my said wife, my Executors shall be allowed to pay unto them such sum or sums as they may deem advisable under the circumstances, which shall be deducted out of the shares of those receiving the same. And lastly, I do nominate and appoint my said son-in-law John a. Smith and James L. Gwin to be the Executors of this my last will and Testament. In Testimony whereof, I the said John McCartney have to this the last sheet thereof, I have subscribed my name and affixed my seal this fifteenth day of June in the year of our Lord One thousand eight hundred and Sixty-five. John McCartney (((((seal)))) Signed, Sealed, published and declared by the said John McCartney as and for his Last Will and Testament, in the presence of us, who at his request and in his presence and the presence of each other, became witnesses thereto and have as such subscribed our names Samuel Hagerty Michael Calvert Blair County SS: Before me the Register of the Probate of wills and granting Letters of Administration in and for Blair County, personally came Samuel Hagerty and Michael Calvert who being severally sworn and affirmed did depose and say that they were personally present and saw and heard John McCartney sign, seal, execute, publish, pronounce and declare the foregoing instrument of writing as and for his last Will and Testament, that they siggned their names as witnesses thereto in the presence of each other the time of signing the same, the said Testator was of sound and disposing mind, memory and understanding to the best of their knowledge and belief. Sworn and Subscribed as to Samuel Hagerty, Affirmed and subscribed unto Michael Calvert before me this day 24th day of July A. D. 1865. H. A. Caldwell Register Signed by Samuel Hagerty and Michael Calvert Blair County Before me the Register of Wills in and for Blair County, personally came James L. Gwin and John A. Smith who being duly sworn according to law did depose and say that they will well truly administer the goods and chattels, rights and credits which were of John McCartney, deceased, agreeably to the provisions of the said last will and Testament according to law and further that the real and personal property devised in said will does not in value exceed the sum of eleven Thousand dollars, to the best of their knowledge and belief. Sworn and Subscribed before me on the 24th of July 18 1865 H. A. Caldwell Register Signed by John A. Smith and James L. Gwin Page 348 John A. Smith and James L Gwin Esq. Of the Last Will and Testament for John McCartney Deceased Six Dollar, Internal Revenue Stamp affixed July 24, 1865 Memorandum: Letters of testaimentory were this day issued to John A. Smith and James L. Gwin on the estate of John McCartney, late of Logan Township, Blair County deceased. An Inventory of the goods and chattel rights to be exhibited in thirty days and a just and true account calculation and reckoning of their said administration within one year from the date hereof, or when thereunto legally required. Given under my hand and Official seal at Hollidaysburg the 24th day of July AD 1865, Inventory of the goods & of the Deceased, exhibited and filed the 28 Augt 1865. Account passed --------May 28, 1868