Wills: Thomas Fisher, 1848: Neshannock Twp, Mercer Co, PA
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"Thomas Fisher will (1848)," Will Book 3, p. 164, Registrar of Wills,
Mercer County Courthouse, New Castle, Mercer Co., PA.
Will of Thomas Fisher
The last will and testament of Thomas Fisher of Neshannock Township Mercer
County.
In the name of God Amen. I Thomas Fisher considering the uncertainty of
this mortal life and being of sound mind and memory; blessed be Almighty
God for the same do make and publish this my last will and testament in
manner and form following, that is to say, First I give and bequeath to my
Sister Rachel Steward one hundred dollars provided said sum is necessary
for her subsistence. If not necessary, ninety five dollars of said Sum is
to be distributed with the rest of my effects and the remaining five
dollars to debar her from any distributive share in my estate real or
personal. Item; I give and bequeath to my Niece Mary McDowell her heirs and
assigns that part of the Hill tract of land north of the New Castle and
Pulaski road except two and half acres adjoining adjoining Wm. Mannons
Land. Also the east part of the King lot on which the Mansion house is
erected to be divided from the west part by a line commencing on the east
bank of the run on the line of the Green tract running up along the run to
the east bank of run to the line of the Porter tract, so as to give all of
the water privileges to the west part or mill lot to hold the land here
described to her the said Mary McDowell her heirs and assigns forever.
Item, I give and bequeath to Thomas Fisher 3d his heirs and assigns a lot
of land situated east of the Eastbrook and known as the orchard tract
containing about fifty acres to hold said lot of land to him the said
Thomas Fisher his heirs and assigns forever. the aforesaid bequests to
exclude the persons to whom they are made from any distributive share in my
estate real or personal. Item, I give and bequeath to my Nephew Joseph
McDowell his heirs and assigns one hundred acres of land bounded as
follows, to wit: to commence at the towing path on the Shenango pool on the
line between the King lot and the Green tract thence east along the line of
said tract and the Porter tract to the New Castle and Pulaski road thence
along the south side of said road to Robert Crockers line thence thence
south along said line such a distance that a line running next through said
tracts to the towing path or Shenango pool as nearly parallel or
equidistant from said line herein before described - when bounded by the
margin of the towing path to the place of beginning will contain one
hundred acres as aforesaid to hold the said described tract or lot of land
to him said Joseph McDowell his heirs and assigns forever said McDowell to
pay five hundred dollars and have a distributive share of my estate real
and personal. Item, I bequeath to Thomas Fisher of Illinois one hundred
dollars and a distributive share of my estate. Item, I give and bequeath to
Rachel Drake one hundred dollars and a distributive share of my estate.
Item I give and bequeath to Nancy Fisher daughter of Thomas Fisher of
Illinois one hundred dollars and distributive share in my state the persons
excluded from the distributive share in these bequests are Mary McDowell &
Thomas Fisher 3d - Item I give and bequeath to William King (Irish) two and
a half acres of land being the same two and a half acres of land mesured
out of the Hill tract north of the New Castle and Pulaski road and
adjoining the Wm. Mannon to hold the said lot of land to him and the said
King his heirs and assigns forever. The remainder of my real estate to be
sold all of my personal property to be appraised and sold all money due me
to be collected and out of the proceeds of the foregowing. I direct that
all my just debts and the other necessary contingent expenses be paid and
the residue to be divided among my lawful heirs excepting only those herein
before expected - one _____ or share of which is called a distributive
share - and I hereby appoint Joseph McDowell and Abel Fisher executors of
this my last will and testament - hereby revoking all former wills by me
made.
In witness whereof have hereunto set my hand and seal the 6th day of June
one thousand eight hundred and forty five A.D. in addition to the
foregowing I give and bequeath to Mary McDowell the Carriage and Bay horse.
Thomas Fisher seal
Signed sealed published and declared by the within named Thomas Fisher to
be his last will and testament, in the presence of us who at his request
and in his presence have subscribed our names thereto
Thom W. Fulkerson
Henry Crocker
Council to the foregowing Robert
R. King
I Thomas Fisher do make and publish the annexed apendix to my will the 6th
of June ___, That is to say first I give and bequeath to my Niece Mary
McDowell thirty five bushel of wheat & cow a choice of the fat two Hogs a
choice of 2 sheep a choice of the bed and the bees in the beehouse Also the
furniture in the Back room down stairs. Item to Elizabeth McMillen I give
and bequeath two dollars. Item to Eleanor Ian Sewikey I give an bequeath
two dollars. In Witness whereof I have hereunto set my hand and seal this
30 day of June 1845
Witnesses present
J. W. Fulkerson
Thomas Fisher seal
Mercer County
Be it remembered that on the 29th day of
February A.D.1848 personally came before the subscriber Dept Regis for the
probate of wills __ in and for the said county John W. Fulkerson & Henry
Crocker who being duly sworn according to law did depose and say that they
were present with the Testator Thomas Fisher and saw him sign the foregoing
will and heard him declare the same to be his last will and testament and
at the time of so doing he was of sound and disposing mind and memory to
the best of their knowledge observation and belief, and that the names
Thomas W. Fulkerson and Henry Crocker Signed to said will as witnesses are
in their own proper hand writing signed thereunto in the presence of and at
the request of the testator.
Sworn and subscribed before me the 29th July 1848
B F. Baskin Dept. Reg
T. W. Fulkerson
Henry Crocker
Also on the same day John W. Fulkerson the subscribing witness to the
codicil to said will annexed who be duly sworn according to the law did
depose and say that he was present with Thomas Fisher the testator and saw
him sign said codicil & heard him declare the same to be a codicil to his
last will and testament and at the time of his so doing he was of sound and
disposing mind & memory to the best of deponants knowledge observation &
belief, and that the name John W. Fulkerson signed to said codicil as a
witness in his own proper hand writing signed thereunto in the presence of
and at the request of the said testator.
Sworn and Subscribed
J. W. Fulkerson
July 29 1848
B. F. Baskin Dept Reg Recorded 29 July 1848