Montgomery-Chester County PA Archives Wills.....SWARTLEY, Emeline Nee SAVAGE September 30, 1898 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/pafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Diana Quinones audianaq@msn.com May 11, 2005, 4:06 am Source: Register Of Wills, Montgomery Co Pa Written: September 30, 1898 Recorded: October 24, 1898 Last Will and Testament of Emeline S. Swartley, 9/30/1898: I, Emeline S Swartley, widow, now residing at Pottstown, Montgomery Co., PA., but expecting soon to remove to the state of Florida, being to sound and disposing mind, memory and understanding, do make and publish this my last will and testament in manner following to wit: First: I direct my executor hereinafter named to pay all my just debts and funeral expenses out of the first money of my estate which may come into its hands. All my real estate which is situate in the state of Pennsylvania and in the state of Florida or elsewhere of which I may die seized and possessed, I order and direct my said herein after named executor to sell either at public sale at its direction, as soon after my decease as conveniently can be done for the best price or prices which can be reasonably obtained therefor and on such sale or sales being made, to make execute and deliver to the purchasers or purchases thereof, all such deed or deeds of conveyance as may be necessary to convey and assure the same to them in fee simple the same as I could do, if living and without any liability on their part to see to the application of the purchase money. All my personal estate of which I may be possessed and all the rest residue and remainder of my property (except certain silverware, furniture and furnishings hereinafter bequeathed), situate or being in the state of Pennsylvania and in the state of Florida or elsewhere, I order and direct my executor hereinfater named to sell neither as public or private sale, so soon after my decease as can be conveniently done and the proceeds direct therefore with the proceeds derived from the sales of my real estate aforesaid, I order and direct to be disposed of as follows, to wit: Item: I give and bequeath unto Katherine KRIEBEL, Mary BEAN, Anna McCRACKEN, Emma KRATZ, and Elisa ROSHON, the five daughters of my late husband Elias SWARTLEY, deceased, the sum of two hundred dollars, each, making one thousand in all, and if any of them or all be deceased at my decease, then I give and bequeath said sum of two hundred dollars, given to each so dying, to the respective heirs, executors, or administrators of the one or more so dying absolutely. Item: I give and bequeath unto Selena B SAVIDGE, dau of John CUNNINGHAM, the sum of three hundred dollars and my plated silver water pitcher. Item: I give and bequeath unto Emma D GREEN, dau of my cousin, William and Maggie SAVIDGE, the sum of two hundred dollars and all my silver knives, forks, and spoons. and I also give unto said Emma D GREEN whatever of my furniture, furnishings and household goods that at my death, may be in charge of said William SAVIDGE. Item: I give and bequeath unto the said Anna McCRACKEN my plated silver tea set, viz: coffee pot, tea pot, sugar bowl, cream jug, spoon holder and a plated silver butter dish. Item: I give and bequeath unto my niece, Clara LANDIS, daughter of Washington SAVIDGE, my large plated silver coffee urn. Item: The balance of said proceeds and the rest, residue and remainder of my estate not disposed of, I give and bequeath unto my six nieces and nephews, to wit: Minerva and Clara and George W SAVIDGE, children of Washington SAVIDGE, and Rebecca and Caroline and Frank SAVIDGE, children of Davis SAVIDGE, in equal shares, share and share alike. If any nephews or nieces of the above named at my decease should be deceased, then such share to which said nephew or niece would be entitled, if living, I give and bequeath to his or her child or children, if any, and in default of such child or children or descendents, such share to be equally divided among my surviving above named nephews and nieces, living at the time of my decease. Lastly, I make constitute and appoint the Montgomery Insurance Trust and Safe Deposit Company, located at Norristown, Pennsylvania, the executor of this my last will and testament expressly declaring hereby that said executor shall not be required at the probate hereof or subsequently be required to give any bond, security, recognizance or obligation of any kind for the faithful execution of its duties hereunder any law or usage in the states of Pennsylvania and Florida ot elsewhere to the contrary notwithstanding and I hereby revoke al former wills by me heretofore made and declare this only to be my last will and testament. In WITNESS whereof I have hereunto set my hand and seal this 30th day of September, one thousand and eight-hundred and ninety eight. Signed sealed and published and declared by said testatrix as and for her last will and testament in the presence of us who at her request have hereunto set our names as witnesses: O.C. HEFFNEREmeline S Swartley (seal) H.F. MANGER[MAUGER] B Breythain (sp) [?] Personally appeared OC Heffner, H F Manger/Mauger and B Breychian the subscribing witnesses to the foregoing will who, being duly qualified according to law, did depose and say that they were present, saw and heard the testatrix, Emeline S Swartley, in said Will named, sign, seal and publish and declare the same to be her last will and testament and at the time of so doing she was of sound mind, memory and understanding, to the best of their knowledge and belief, and that they signed as witnesses to the same, at the request of the said testatrix in their presence, and in the presence of each other. Sworn, affirmed and subscribed to before me O. C. Heffner, this 24th day of October, 1898, H. F. Mauger, Howard D Whitehead, DE Register, In the Orphan's Court of Montgomery County, Estate of Emeline S Swartley, late of the borough of Pottstown, deceased. The second and final account of the Montgomery Trust Company, executor, after due publication according to law and the rules of the court, was audited Nov. 17, 1908. APPEARANCE- B. Percy Chain, Esq., for accountant. Emeline S Swartley, a resident of the Borough of Pottstown, died on or about the 15th day of October, 1898, leaving no husband or issue surviving. Her last will and testament bearing date of 30th day of September 1898, was duly admitted to probate the 25th day of October 1898, and letters testamentary granted to the Montgomery Trust and Safe Deposit Co, which was appointed sole executor. The testatrix directed her executor to sell at public auction or private sale all her real estate, situate in the State of Pennsylvania, and in the State of Florida, also all her personal estate, except certain silverware, furniture, &c. which she specifically bequeathed. Out of the proceeds of the sales of her real estate, she gave certain pecuniary bequests. The balance of her estate she bequeathed in equal shares to her six nieces and nephews, namely Minerva SAVIDGE, Clara SAVIDGE, George W SAVIDGE, Rebecca SAVIDGE, Caroline SAVIDGE and Frank SAVIDGE. (The surname is also SAVAGE) The first account of the executor was filed 1/18/1901, amd the balance of the converted assets were distributed, as appears by the adjudication filed 3/3/1902, to No. 33 February stated court 1902. In that distribution, the specific legacies were paid, and the collateral inheritance tax was found to have been discharged. A portion of the estate of the decedent in Florida, denominated in the account as Florida assets, consisting of three notes aggregating in amount of $1490, had not been realized upon, and it was directed that they be subject of future accounting. These assets have been converted. The account was filed the 16th day of October, 1908, showing for distribution, principal and income, $1498.33. There are no exceptions. I find that Clara SAVIDGE, who was intermarried with one LANDIS, died on or about the 15th day of September 1900, leaving a last will and testament, of which the Security Company of Pottstown is the executor, and to whom letters testamentary have been issued; that George W SAVIDGE, is living; that Minerva SAVIDGE is intermarried with one LIGHTCAP and is living; that Rebecca SAVIDGE intermarried with one MILLER, and died in the month of October 1908, in Seattle, Washington; that Caroline SAVIDGE is intermarried with one LEOPOLD and is living; and that Frank SAVIDGE died in North Carolina in the year 1907. The shares of Rebecca MILLER and Frank SAVIDGE are awarded to their estates, payable to ancillary administrators or executors, unless primarily letters are granted by the Register of Wills of this county, when the awarded shares will be paid to such personal representative. Schedule of Distribution: Balance for distribution, principal and income, shown by account....1498.33 Awarded as follows: Minerva LIGHTCAP .....................................................249.72 Security Co of Pottstown, exec. of Clara LANDIS, deceased.............249.72 George W SAVAGE.......................................................249.72 Estate of Rebecca MILLER, dec'd.......................................249.72 Caroline LEOPOLD......................................................249.72 Estate of Frank SAVAGE, deceased......................................249.72 Adjudication confirmed 11/24/1908 Additional Comments: Emeline SAVAGE was dau of Zenas and Rebecca (MARCH) SAVAGE of E Coventry, Chester Co PA. The surname has been spelled both SAVAGE and SAVIDGE. She was a sister of George Washington SAVAGE (the submitter's gr2grandfather) and Davis SAVAGE, E Coventry. Other names LIGHTCAP, LANDIS, LEOPOLD, MILLER, KREIBEL, BEAN, McCRACKEN, KRATZ, ROSHON, SWARTLEY, CUNNINGHAM, GREEN This file has been created by a form at http://www.genrecords.org/pafiles/ File size: 10.3 Kb