WILL: Jacob WERTZ, 1846, 1847, Frankstown Twp., Blair Count, PA Contributed by Terry Griffith Tgriffith @ packertailgate. 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 are 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. ___________________________________________________________ Transcribed from SAMPUBCO copy by Terry Griffith. Blair County Will Book Vol. A, pp. 124-125 Jacob died 20 November 1846. In the Court of Common Pleas of Blair County John Wertz Executor of Jacob Wertz, Decd. Warr No. 27 March Term 1847 Issue Devisant real now in nature of a wager to try the validity of a certain paper writing purporting to be the last Will and Testament of Jacob Wertz Decd. And now fourth Feby 1847. And now filed and defendants plead and Prothonotary directed to put the cause at the head of the list for trial at March Term 1847. By the Court. And now 23rd March 1847. Continued costs of terms to be paid by defendant. And now 6th May 1847. Defendants enter a rule for a commission to take testimony and same day interogatorry filed. Commission to issue on 15 days notice to Plffs. 16th June 1847. Deposition of E.M. Bartlett filed, and notice given to Plaintiffs atty. And now 21st June 1847. Cause recvd and a Jury of the County being called came to wit: Jacob Hoover, James Hamilton, Edward Black, Nehemiah Graybell, David Albright, George Black, Jacob Leighty, Joseph Crocker, Christian Good, Thomas Graybell, John Elliott and John McKernan, who being duly selected, drawn, empanelled, balloted, and sworn on aforesaid do respectively say that they find for the Plaintiff. 26th June 1847. Defendants reasons for a new trial filed. And now 27th June 1848. Motions for a new trial rule discharged. Judgement. State of Pennsylvania Blair County SS I Joseph Smith Prothonotary of the Court of Common Pleas of the County aforesaid. Do certify that the foregoing is a true & correct copy of the record in the above state court as the same reissuance of record in the office of the Prothonotary of the Court aforesaid. In the testimony whereof I have herewith set my hand and affixed the seal of said Court at Hollidaysburg the 14th day of August A.D. 1848. (Seal of the court) Joseph Smith, Prothy (signed) LAST WILL AND TESTAMENT OF JACOB WERTZ In the name of God Amen. I, Jacob Wertz Sr. of Frankstown Township, in the county of Huntingdon and state of Pennsylvania farmer being weak in body but of sound mind memory and understanding but considering the uncertainty of this transitory life, do make and publish this my last will and testament, in manner and form following to wit. 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 or can be after my decease. It is also my will and I do order that forever from and after the date of these passes my sons John and Solomon, do keep and take the entire akorge of all my homestick concerns, as follows. That is to say, to keep all the stock consisting of horses, cows, sheeps, hoggs, etc., and also all the grain and hay, to farm the place well and keep it in good repair, to pay all the debts, to keep and provide for my beloved wife Mary Ann during her natural life, to keep together, maintain, and educate all my minor children, until they arrive at the age of twenty-one years respectively. And it is my further will and I do order that in the case of my decease I do hereby give and bequeath my whole estate real, personal and mixed to my two sons John and Solomon, their heirs, executors, administrators and assignees forever, subject however to the following reservations to wit. It is my will and I do hereby give and bequeath unto my eldest daughter Rachel the sum of five hundred dollars. Also to my son Jacob five hundred dollars. Also to my David the sum of five hundred dollars. Also to my daughter Susannah Margaret, the sum of five hundred dollars. Also to my daughter Sarah Rebecca the sum of five hundred dollars. Also to my daughter Rosannah Barbary the sum of five hundred dollars. Also to my youngest daughter Margaret Ellen the sum of five hundred dollars. And it is my further will and I do order that all and every of the above mentioned legacies be paid by my two sons John and Solomon as soon as my youngest daughter Margaret Ellen shall arrive at the age of twenty-one years and that without interest until the time or until payable as above stated. And further it is my will and I do order touching my two sons John and Solomon, that whereas the said Solomon is yet a minor, that he be directed, advised, educated etc. by my son John and that he the said Solomon shall not take it upon himself to make bargains, to sell and buy etc., until he arrives at the age of twenty-one years. And further it is also my will and I do order that after all the above mentioned items are duly executed that on account of the deep interest taken by my son John in assisting us to get out of debt that he get one thousand dollars out of the personal and mixed estate more that his brother Solomon, and the remainder of all the property real personal and mixed to be equally divided between them the said John and Solomon. And lastly, I communicate, constitute and appoint Joseph McCune Esq. and my son John Wertz to be the executors of this my last will, declaring this and no other to be my last will and testament. Jacob Wertz (his mark) (seal) In witness thereof, I have hereunto set my hand and seal this fifth day of February One thousand eight hundred and thirty-four. Signed sealed and declared by said testator as his last will and Testament in the presence of us who are requested by said testator to become witnesses. Alex Johnston, S. F. Henry, Abraham Will (signed) Blair County SS Before me Register for the Probate of wills and granting letters of Administration in and for said County of Blair personally came S. F. Henry Esquire and Dr. Alexander Johnston who being duly sworn according to law do depose and say that they were personally present, and saw and heard the above named Jacob Wertz Sr. sign, seal, execute, publish, pronounce and declare the above and foregoing instrument of writing, as and for his last Will and Testament, and they these deponents did sign their names thereto as witnesses in the presence of each other and in the presence of said Testator and at his insistence and request, and that the said Testator was at the time of sound and disposing mind memory and understanding to the best of their knowledge and belief. Sworn and Subscribed before me this 14th day of August Anno Domini 1848. S.F. Henry (signed) Alex Johnston (signed) L.H. Williams Register (signed) Registered this 14th day of August Anno Domini 1848 L.H. Williams (signed) Register Blair County SS Before me the Register for the Probate of Wills and granting letters of Administration and for said County personally came Joseph McCune Esq. who being duly sworn according to law did depose and say that he was personally present and did see and hear the within named Testator publish, pronounce and declare the within instrument of writing, as and for his last Will and Testament, that the said Testator, did then and there sign his name to the said instrument of writing by making his mark thereto in the presence of this deponent and in the presence of the subscribing witnesses and, that Suttle F. Henry Esq., Dr. Alexander Johnston and Abraham Will did then and there, in the presence of the said Testator and in the presence of this deponent sign their names thereto as witnesses. And that the said Testator was at the time of signing the same, of sound and disposing mind memory and understanding to the best of his knowledge and belief. Sworn and Subscribed the 23rd day of August A.D. 1848 before me L.H. Williams, Register(signed) Joseph McCune (signed)