WILL: John ORR, 1865, Tyrone, Blair County, PA
Transcribed from SAMPUBCO copy and contributed for use in the USGenWeb Archives
by Jessica Orr <orr@hawaii.com>
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Blair County, PA, Will Book C, Pages - 4-8
The Last Will and Testament of John Orr, deceased.
In the name of God Amen. I John Orr of the Township of Tyrone in the County of
Blair and State of Pennsylvania being in reasonable good health of body and of
sound and disposing mind, memory and understanding. Considering the certainty
of death and the uncertainty of the time thereof and being diserous to settle my
worldly affairs, and thereby be the better prepared to leave this world when it
shall please God to call me hence do therefore make and publish this my last
Will and Testament in manner and form following that is to say: First and
principally I convict my soul into the hands of Almighty God, and my body to the
earth to be decently buried, at the discretion of my children and surviving
friends. And as to my worldly Estate and all the property real and personal and
mixed that I may, or for which I shall deserzed (??) and possessed in to which I
shall be in willed at the time of my decease. I devise bequeath and desoise
thereof in the manner following to wit:
First my will is that all my past debts and funeral expenses shall by my
Executors hereinafter named be paid out of my Estate as soon after my decease as
shall by them be found convenient. Item, I give devise and bequeath unto my son
Joseph K. Orr all those two certain tracts of pieces of land marked in the
connected draft made by James L. Gurn dated 24th of October 1861 No. 5 and No. 6
the same being parts of a tract Warranted in the name of James Carson and also
the sum of one thousand dollars to be paid to him be my Executors one year after
my decease which with what he has already received including my book account
against him shall be in full of his share of my Estate real and personal.
I give unto my son Oliver Perry Orr the sum of three thousand dollars to
be paid unto him by my Executors out of my Estate three years after my decease
which with that he has already received of my including the book account I have
against him shall be in (in) full of his share of my Estate real and personal.
I give and devise unto my daughter Annie C. intermarried with David B.
Templeton all that certain tract of land situated in the said Township of Tyrone
which was conveyed to me by Jesse Fisher and wife by deed bearing date the 27th
day of March 1861. And recorded in the records of Blair County in Book M page
251 and to be hers during her natural life and at her decease to the heirs of
her body which with what she has already received of me including any book
account that I may have charged against her shall be in full of her share of my
estate real and personal.
I give and bequeath unto my daughter Jane E. intermarried with John B.
Westley three thousand dollars to be paid to her by my Executors out of my
Estate five years after my decease which with what she has already received of
me including any book account that may have charged against her shall be in full
of her share of my estate real and personal.
I give and devise unto my son William H. Orr all that portion of my land
in said Township of Tyrone being that portion of the (manor?) and other lands
marked No. 3 in the draft in plot already referred to bounded by lands now of
David Crawford on the northwest Tract No. 2 on the West and others on the south
and east. Containing with the field of (ten?) acres and 74 parcels in all two
hundred and two acres fifty six parcels with the allowance of six percent be the
same more or less and also the price in tract marked No. 1 of mountain land
being part of the tract warranted in the name of Samuel Carson, as by reference
to said draft will appear to be his upon condition that he pay out of the same
to my Executors the sum of five thousand dollars in sums of five hundred dollars
annually commencing two years after my decease without interest if paid at the
time specified and should the barn now in process of being erected on said tract
No. 3 not be finished before my decease the same is to be finished at an expense
out of my estate not exceeding the sum of fourteen hundred dollars ($1400) which
said lands so devised subject to the same payment of five thousand dollars shall
be in full of his share of my estate real and personal.
I give unto my daughter Lillie Matilda the sum of three thousand dollars
to be paid unto her out of my estate by my Executors as follows one thousand
dollars annually until paid which shall be in full of her share of my Estate
real and personal.
I give and devise unto my son George Washington Orr the farm or tract
marked No. 2 in said draft adjoining lands of said David Crawford (tracts) No. 1
& 2 in said plot containing two hundred and sixty two acres 70 parcels more or
less it being the tract on which my mansion house is erected and in which said
son now resides also the tract of mountain land adjoining in the south on the
south and being part of said Samuel Carson tract marked No. 2 on said draft to
be his upon condition of his paying unto my Executors for to be used as provided
in this writing or with the sum of five thousand five hundred dollars to be paid
in sums of five hundred dollars annually commencing one year after my decease
which said lands so devised subject to the said payments as aforesaid with what
he has already received including any book account which I may have against him
shall be in full of his share of my estate real and personal.
I give and devise unto my daughter Catherine E. Orr intermarried with
Frederick W. Shaffer the tract whereon she now resides marked No. 1 I said plot
and Draft containing two hundred and fourteen acres 157 parcels more of less
together with tract No. 3 of the mountain land adjoining on the South as by
reference to the said plot or draft will appear to be hers on condition that she
pay or cause to be paid unto my Executors four thousand dollars to be paid in
sums of five hundred dollars annually commencing one year after my decease,
provided my said daughter at the time of her decease shall leave surviving no
heirs of her body then it is my will and desire that the sum of two thousand
dollars shall be paid out of said land to my heirs to be divided amongst them
according to the Intestate laws of this Commonwealth which sum shall be a lien
against said land until paid which with what she has already received with any
book account that I may have against her shall be in full of her share of my
estate real and personal.
I give and bequeath unto my daughter Mary Margaret Orr intermarried with
John Hooper. One thousand dollars to be paid unto her by my executors seven
years after my decease which with what she has already received including any
book account which I may have against her shall be in full of her share of my
estate real and personal.
I give and bequeath unto my son John K. Orr four thousand dollars to be
paid to him by my Executors out of my estate one year after my decease provided
my bonds which I now hold in the Government of the United States in treasury
notes are then due otherwise to be paid when they are due which shall be in full
of his share of my estate real and personal.
I give and bequeath unto my granddaughter Catherine Ann Orr daughter of my
said son William the sum of one thousand dollars to be paid to her by my
executors out of my estate seven years after my decease to be in full of her
share of my estate. It is further my will and desire that all accounts between
myself and children that may be in my books at the time of my decease shall be
considered as settled and paid and my executors are not to collect or attempt to
collect any of the same of any of my said children and should any of my said
heirs herein named refuse to accept of bequests to them herein made and attempt
to claim of my estate any additional sum by bringing suit or suits at law for
the same them in that case the heir or heirs so claiming to render any bequest
or bequests to them herein made void - and my Executors are herein directed to
pay unto those who shall refuse to accept and bring suit or suits for any
additional sum or claim the sum of twenty-five dollars which shall be in full of
their claim out of my estate real and personal and the bequest and bequests
forfeited shall be divided amongst my other heirs named share and share alike.
All of my real estate not disposed of in the foregoing part of this will and
devise to my said children the House and Lot in the town of Birmingham and other
timber or mountain lands in the said Township of Tyrone are to be sold by my
Executors and to be sold by them as soon as convenient after my decease and they
authorized hereby to make deeds for the same and the proceeds of such sale or
sales to be used in paying the legacies or bequests herein made. I do also
further bequeath unto my daughter Lillie Matilda and to my said granddaughter
Catherine Ann all of my household and kitchen furniture at the time of my
decease also one cow to each of them the said furniture to be equally divided
between them, and also I give unto my son George Washington Orr my (iron?) safe
now in my house on said farm wherein he now resides and I do hereby order and
direct that after paying the several legacies and bequests herein made then
should still remain in the hands of my said Executors and additional money the
debts and expenses of selling my estate being all paid in that case the same to
be divided between my said daughter Lillie Matilda, John K Orr and my
granddaughter Catherine Ann daughter of my said son William H. Orr to be divided
between them share and share alike. And whereas U gave herein devised certain
lands unto my sons William H. Orr and George Washington Orr and to my said
daughter Catherine E. Orr intermarried with said Shaffer upon condition of each
one of said children paying to my Executors a certain sum for the use and
benefit of my other heirs and in being my other heirs and in being my will and
desire that they and each of them shall be left free to except or refuse the
lands so devised to them with the conditions of payment attached and in case any
of them shall elect and decide not to except of the lands so devised to them
they shall give to my Executors a written notice of their refusal within three
months after my decease and in that case the devise to them or any of them so
giving notice of their refusal within three months after my decease and in that
case the devise to them or any of them so giving notice of their refusal to
accept the lands devised to them shall be sold by my Executors herein after
named within two years after my decease and in case either my said sons William
H. Orr, George Washington shall have refused as aforesaid he shall receive the
sum of three thousand dollars in lieu of the lands so devised to him and the
balance of the proceeds arising from the sales of the lands referred to shall be
used for the payment of the bequests to my other heirs herein named and should
my said daughter Catherine E. so refuse to except the lands devised to her she
shall have in lieu thereof and (not?) of the proceeds of the sale of the same
the sum of two thousand five hundred dollars the payments in the case of my said
sons and of my said daughter to be made in two years after my decease.
And lastly I do constitute and appoint my said son George Washington Orr
and my said son-in-law John B. Westley the Executors of this my last Will and
Testament.
In testimony whereof I the said John Orr have to this my last Will and
Testament contained in fifteen pages of paper with my name written on the margin
of each and to this I have subscribed my name and affixed my seal this day of
April in the year of our lord 1865.
/s/ John Orr
Signed sealed published and declared by the said John Orr as his last Will and
Testament in the presence of us who at his request and in his presence and in
the presence of each other become witnesses hereto.
/s/ David T. Caldwell
John L. Lloyd
James L. Gurn
Blair County SS:
Personally appeared before me the Register for the Probate of Wills to in
and for the County of Blair, David T. Caldwell, John L. Lloyd and James L. Gurn
who being duly sworn did depose and say that they were personally present and
saw and heard John Orr sign, seal Execute publish pronounce and declare the
afore going instrument of writing as and for his Last Will and Testament that
they signed their names as Witnesses thereto in the presence and at the request
of the said Testator and in the presence of each other and that at the time of
signing the same the said Testator was of sound and disposing mind, memory, and
understanding to the best of his knowledge and belief.
Sworn and Subscribed before } /s/ David T. Caldwell
me October 24th 1868 } John L. Lloyd
/s/ D. M. Jones - Register } James L. Gurn
Blair County SS:
Personally appeared before me the Register for the Probate of Wills to in
and for the County of Blair, George Washington Orr and John B. Westley who being
duly sworn did depose and say that as Executor of the Last Will and Testament of
John Orr dec'd they will well and truly administer the goods, chattels to which
were of the said deceased according to Law and further that the whole of the
Estate devised in said will does not in value the sum of Twenty-Eight Thousand
dollars to the best of their knowledge and belief.
Sworn and Subscribed before } /s/ Geo W. Orr
me October 24th 1868 } John B. Westley
by D. M. Jones - Reg)
George W. Orr and John B. Westley Executor of the Last Will & Testament of John
Orr deceased.
Memorandum. Letters Testamentary were this day issued to George W. Orr and Jno
B. Westley Executors of the Last Will and Testament of John Orr dec'd.
An inventory of the goods and chattels which were of the said deceased to be
filed in thirty days and a just and true account of his said administration to
be filed in one year from the date hereof or when therein to legally required
given under my hand and official seal. Oct. 24th 1868.