Mifflin-Blair County PA Archives Wills.....Cupples Sr., James April 24, 1843
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File contributed for use in USGenWeb Archives by:
Terry DaSilva phillygirl@sympatico.ca October 18, 2012, 12:56 pm

Source: Dan Mcclenahen Wills Of Mifflin Co.
Written: April 24, 1843
Recorded: September 20, 1844

Will Book No. 4
Pgs. 137-140James Cupples Sr.   Last Will and Testament


In the name of God, Amen, I James Cupples Senior, of Derry Township, Mifflin
County and the State of Pennsylvania, being aged and informed, but of sound
disposing mind and memory, before be almighty God.

For the same and considering the certainty of death and the certainty of the
time thereof do make constitute and publish this my last Will and Testament
hereby revoking and making null and void all former Wills by me at any time,
heretofore made and declaring this and none other as and for my last Will and
Testament.

And as to such worldly estate as it hath pleased God to help me with, I give and
dispose thereof as follows.  And first it is my Will that all my just debts, if
any I have, and funeral expenses be paid by my Executors as soon after my
decease as funds of my estate come into their hands.  And to my daughter Jane
Kays, I will and bequeath one thousand dollars to be paid her out of the first
money coming into the hands of my Executors.  To my son James Cupples, I will
and bequeath one thousand dollars, the six hundred and twenty five dollars which
I paid for him for his Land, is to be deducted, and the balance of three hundred
and seventy five dollars to be paid him by my Executors, out of first money
collected, after Jane Kays has received hers.

To my son Robert Cupples, I will and bequeath five hundred dollars, to be paid
to him out of the first money collected after my son James is paid.

To my daughter Mary Fultz, I will and bequeath three hundred dollars.  To my
daughter Sarah Reighart, I will and bequeath three hundred dollars.  To my
daughter Nancy Seagar, I will and bequeath three hundred dollars.  To my
daughter Mary Seagar, I will and bequeath three hundred dollars.  To my daughter
Hannah Gro, I will and bequeath three hundred dollars.  To my daughter Susannah
Goodfellow, I will and bequeath three hundred dollars.  To my daughter Matilda
Welsh, I will and bequeath three hundred dollars.

The last seven Legatees mentioned, are to be paid, as they stand named.  Matilda
receiving hers last and they are to be paid as soon as the bonds I hold against
Millikens become due.  

To my son John Cupples, I will and bequeath one dollar, which with that I have
already given him, shall be in full his share of my Estate.

To my grandson James Cupples Seagar (son of John Seagar) I will and bequeath
fifty dollars to be paid to him by my Executors or the survivor or survivors of
them when he shall arrive, at the age of twenty-one years.  And should any money
remain after paying the foregoing legacies, I will and bequeath fifty dollars
there of to my grandson James Cupples (son of John Cupples) to be paid when he
arrives at twenty-one years of age. 
And should there still be money remaining and is issue of by this Will.  I will
and bequeath the same to my two sons James Cupples and Robert Cupples to be
equally divided between them.  And as to my goods and chattels, I allow my
Executors to sell the same and apply the proceeds to the payment of the Legatees. 

And lastly I do hereby nominate constitute and appoint, my two said sons, James
Cupples and Robert Cupples, and my friend George Davis Esq., the Executors of
this my last Will and Testament.  In witness whereof I have hereunto set my hand
and seal, the Twenty fourth day of April, One thousand eighteen hundred and
forty three.

Signed, Sealed and Delivered in the presence of us, who have subscribed in the
presence of the testator, at his request in the presence of each other.

Each to be hand, when he arrives at twenty-one years of age, from the underlined.

Joseph Dreisbaugh
Jacob Mohler

Mifflin County to the Commonwealth of Pennsylvania to the Justices of the
Supreme Court of Common Pleas of said County.
Greetings.

Whereas on the eighth day of July AD 1843, James Cupples and Robert Cupples
presented to J.R. Crawford our Register of Will for said County for probate a
certain writing hereto annoyed, we purporting to have been made the 24th day of
April AD 1843 which said writing the said James and Robert Cupples, over is the
last Will and Testament of James Cupples Senior, late of Derry Township in said
County Mifflin, and whereas John Cupples, as son and heir and Simon Gro,
intermarried with Hannah Cupples a daughter and heir of said James Cupples and
have objected before our said Register in writing in the nature of a consent
that the said writing is not the last Will and Testament of the said James
Cupples, since deceased for that the said James Cupples Senior was not at the
date of the said writing of sound and disposing mind and memory, nor capable of
making a legal disposition of his property.  And requested that a Registers
Court be appointed for the decision of the objections made to said writing,
where upon the said Register in provisions, there of under the provisions of the
act of affirmably appointed and called a Register court this fifth day of August
1843 and now the said John Cupples and Simon Gro have requested that an issue
may be directed unto the said Court of Common Pleas to try by a Jury the
validity of the said writing and the matters of fact which may be objected
thereto in our said court.  Therefore we command you that you cause an action to
be entered upon the records of our said Court of Common Pleas, as of the day of
the delivery of this our pre-opt into the office of the Prothonatory
 of our said Court, between the said James Cupples just and Robert Cupples and
the said John Cupples and Simon Gro so that an issue therein may be firmed upon
the Merits of the contrary between the said parties and tried in due course,
according to the practice of our said Courts in actions commenced by Writ.  And
further that you cause all other persons who may be interested in this of the
said James Cupples Senior, as heirs, relations or next of kin devises legatees
or Executors to be warned so that they may come into and said court and become
party to the said actions if they shall see cause and that you certify the
result of the tried so had in the premises into the office of our said Registers.

By the Registers Court
J.R. Crawford, Register

Court of Common Pleas of Mifflin County
      [Docket Entry]

Benedict   James CupplesNo. 326 August Term 1843
HaleRobert CupplesPrecept from the Registers Court to try the 
326validity of an instrument of writing purporting to
be the last Will and Testament of James Cupples 
N.R. IrwinJohn CupplesSenior, said late of Derry Township Mifflin County,
BanksSimon Grodid entered August 7th 1843 Issue Devis suit 
non con appears ye September 14th 1843. 
September 19 1843
Writ go if issued, that the Heirs relations or next of kin, discusses Legatees
or Executors may be named so that they may come into court on the first Monday
of November next and become party to the action entered in the Common Pleas of
Mifflin County to try the Issue joined and relations of Will of James Cupples
Senior, deceased.  Fee 75 cents paid. Returns this Writ served by copies and
advertising see Writ fees 16.00 and now to wit November 6th 1843 on motion of
Mr. Benedict attorney for Plaintiffs, proof of the Subpoena attachment awarded
for Margaret Ann McAlley per card attached and for same day fee 37  cents.  And
now to Issue November 6th 1843 on Motion of Mr. Benedict attorney for Plaintiff
Rule granted to take the deposition of Margaret Ann McAlley at the house of John
McAlley in Decatur Township between the hours of ten and eleven of the clock in
the forenoon of tomorrow the 9th day of November 1843 to be read in evidence on
the Issue of this cause and by the court and now January 1st 1844 on proof of
the services of the subpoena attachment awarded for Margaret Gro and Ann Wertz
(not sure of this name) per card exit attached, if same day fee 37  cents.  And
now to wit January 1st 1844 a Jury being called came to wit Mathias Sine, Joseph
Allison, Christopher Marks, Samuel McNitt Jr., James McCaig Jr., Casper Dull,
Moses Miller, Michael Bowardkey, Robert Taylor, William M. Fleming, Casper
Danzant and John McFee. Twelve good and lawful men, of the County of Mifflin,
who being duly selected, drawn, summoned, empanelled and balloted for and sworn
in office on January 5th 1844.  Jury charged by the court Do Say they find for
the Plaintiffs with six cents damages and six cents cost.  And now to wit
January 11th 1844 the Jury fee having been paid, as appears by the weight of the
Sheff produced and filed by Plaintiffs Judgment secured said inheritance. 

And now to wit, February 1st 1844. Wit of Error filed by Defendants to remove
proceedings to the Supreme Court.


Supreme Court of Pennsylvania  Middle District John Cupples and Simon Gro of
May Term 1844 No. 17

Wit of Error to the Common Pleas of Mifflin County

And now to wit July 1 1844 at a Supreme me Court held at Harrisburg in and for
the Middle District aforesaid, the judgment of the Court of Common Pleas
aforesaid Affirmed Pennsylvania.

In testimony where of I have hereunto set my hand and affixed the Seal of the
said Supreme Court at Harrisburg on the day above written.
P.C. Sedgwick
Clerk Supreme Court, Middle District
Penna.
Mifflin County for

I John R. McDowell Prothonatory of the Court of Common Pleas in the area of
Mifflin County, Do hereby certify unto the office of the Register for the
Probate of Wills and grating Letters of Administration in and for the County of
Mifflin, that the above and foregoing is a true copy of the docket entry in the
case therein stated showing the result of the trial had in the premises.  In
testimony where of and have hereunto set my hand and affixed the Seal of said
Court at Lewistown, the thirty first day of July A.D. 1844.
John r. McDowell, Prothonatory 

Be it remembered that on the first day of July A.D. 1844 before me J.R.
Crawford, Register for the Probate of Wills, ye was produced the foregoing
record and proof of the last will and testament of James Cupples Senior,
deceased.  And that on the 20th day of September A.D. 1844 Letters testamentary
with a copy of said Will was duly issued to George Davis, one of the Executors
in said Will named.  Invinty and account to be rendered.
J.R. Crawford, Register

Transcribers note:
Invinty is exactly what is written on the document.


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