Wills: Frederick KLETT, 1859. Philadelphia, PA

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The Will of Frederick Klett transcribed from an original copy in the North
Carolina State Archives, Raleigh, N.C.

I, Frederick Klett of the City and County of Philadelphia and State of
Pennsylvania, Gentleman being of sound and disposing mind memory and
understanding do make and publish this my last will and Testament hereby
revoking and making void all other and former wills by me at any time
heretofore made.

Imprimis - I direct all my just debts and funeral expenses to be full paid
and satisfied by my Executors hereinafter named as soon as conveniently may
be after my decease

Item.  After the payment of my said debts I give devise and bequeath all the
rest residue and remainder of my Estate real and personal and mixed
whatsoever and wheresoever of which I shall die seized or possessed of to my
son Frederick Klett Junior, Henry C. Gibson my son-in-law, Josias W. Dallam
and Franklin C. Jones to and for their only proper use benefit and behoof In
Trust nevertheless for the uses and upon the trusts and conditions and upon
the personal intents and purposes hereinafter expressed concerning the same
in the following items.

2. Item.  I direct and empower my said Trustees and their successors to
invest and to keep invested the capital of all said rest residue and
remainder of my estate in good and lawful securities in trust as aforesaid
and I further authorize and request all my Trustees to dispose of any
investments of my said trust estate whether made by me or them which may at
anytime be considered by them unsafe and when by so doing it would be to the
advantage of my estate, with power in my said Trustees herein before named
and their successors to sell and dispose of such portions of my said Real
Estate as all of my Trustees shall think proper either by public or private
sale for the best price or prices that can be obtained for the same, and by
proper deed, conveyances and assurances in the law to be duly executed
acknowledged and perfected by my Trustees, to grant convey and assure the
same to the purchaser or purchasers thereof in fee simple or otherwise free
and discharged from all trusts and uses mentioned in this will and without
any liability or responsibility in or on the purchaser or purchasers thereof
for the application non-application or mis-application of the purchase
money, Provided however nevertheless that my Trustees shall not sell any of
my Real Estate on Sodus Bay or Ontario Bay in Oswego County and State of New
York until the Lake Ontario Auburn and New York railroad is finished to
Ontario City and Auburn and until the other parties interested in the same
are selling theirs nor shall they sell that portion of the same lying in
Ontario City unless they sell the same in lots, nor shall my Trustees sell
any of my interest in the Coal Lands situate in Luzerne County Wyoming
Valley until the expiration of twenty years after my death and not then if a
net income of one Thousand dollars per year is by my Trustees from the
rents, incomes or profits of my said Coal Lands but this restriction shall
not prevent my Trustees from working or from assisting in sinking a shaft or
shafts with the other parties interested in the same, provided moreover that
the above particular restrictions or conditions of sale of my real estate
shall not in any manner interfere with a division by my Trustees of my
estate amongst my legatees and devisees in carrying out the other clauses of
this Will.

3. Item.  I authorize and direct my said Trustees or their successors to
collect the Rents issues and profits incomes and dividends of all the
property and estate held by them in trust under this will on the days and
times the respective payments thereof shall fall due and to equally divide
the same share and share alike half yearly among my five children namely
Frederick Klett Junior, Cornelia Klett, Catherine Bickley, wife of Daniel
Bickley, Mary B. Gibson wife of Henry C. Gibson and Emma M. Baker wife of
Charles Baker, which times of division shall be computed from the day of my
decease, to have hold and enjoy the same for the full end  and term of their
respective lives for their sole and separate use.  And I further will and
direct that my son Frederick Klett Junior's share shall be wholly free from
any liability for any of his present or future debts contracts obligations
or liabilities to or with any of his present or future creditors and from
all and every process of law or equity for the recovery or satisfaction
thereof and I further will and direct that each of my daughters shares shall
be wholly free from any liability for any debts contracts control or
disposition of any husband, my said daughters may now have or hereafter may
have and the respective receipts of my said daughters given in their own
names for all payments to them by my said Trustees shall be sufficient
vouchers for such payment.

4. Item.  In case either of my said five children should die without leaving
a child or children or a grandchild or children then I direct my said
Trustees to divide half yearly his or her share of the income of said Trust
Estate equally among my said children who shall survive him or her for the
term of their respective lives but should any or either of my said children
die with issue surviving them such issue shall be entitled to and take the
share of such deceased parents of the rents issues and profits and incomes
aforesaid until the division hereafter shall be made.

5. Item.  From and immediately after the death of each of my said five
children leaving a lineal descendent I direct all my Trustees to make an
estimation and valuation of all the Estate and Property held in trust by
them at the time of the respective deaths of such my said five children and
to divide the same into as many equal parts as there are children surviving
and such deceased child and then set apart one of such equal parts or shares
for the use and enjoyment of the lineal descendents of such deceased child
in manner hereinafter mentioned, said estimation valuation and division by
my Trustees shall be final and binding on all legatees and devisees taking
under and by virtue of this will.

6. Item.  When either of my four children namely Frederick Klett Junior,
Cornelia Klett, Mary B. Gibson and Emma M. Baker, shall die leaving a lineal
descendent I authorize and direct my Trustees after the making of the said
estimation and division to transfer and convey the share or part of such
deceased child to the lineal descendent or descendents of such deceased
child absolutely and in fee and in case of any of my grandchildren be dead
at the death of their parent leaving a child or children such child or
children shall take the share their parents would have taken if living.

7. Item.  When my daughter Catherine Bickley shall die leaving a child or
children as aforesaid I direct and authorize my said Trustees to retain her
share of my estate which shall be divided and set apart by them as aforesaid
and the same to hold invest and keep invested in good and lawful securities
in trust to pay over the net income thereof in semi-annual payments to and
among all her children surviving her share and share alike, and the issue of
any deceased child or children of the said Catherine who shall take the
share which their parent would have taken if living which trust shall
continue until the decease of the last survivor of the children of the said
Catherine at which time I order and direct the share of said Catherine so
held in trust to be equally divided amongst the issue of my said
grandchildren, children of the said Catherine and their heirs.

8. Item.  If my said son Frederick Klett Junior should desire to have his
portion of my estate in his own right absolutely I authorize and direct my
Trustees (anything to the contrary contained in this my will
notwithstanding) upon the written request  of my said son made and submitted
by him to them at any time during his life to make an estimation and
valuation of all my estate held in trust by them at that time and to divide
the same into as many equal parts or shares as there are children of mine
then living and to set apart one of such equal parts or shares and to convey
and transfer the same to my son Frederick Klett Junior and his heirs
absolutely and in his own right.

9.  Item. The share set apart after the death of my daughter Catherine and
held in trust for her children shall not in any case constitute a part of
the estate to be valued and estimated as herein before specified after their
share shall be set apart as aforesaid for the children of my said daughter
Catherine.

10.  Item.  Having advanced money to some of my children and charged the
same to them respectively I will and direct that all such advances as have
be so made and all such as my be hereafter made until my decease and charge
upon my books shall be considered as part of my personal estate and as soon
as an advancement to them and a set off against them and the amount so
advanced and charged shall be deducted from the share or proportion of the
child to whom the same shall have been advanced and such advances shall
enter into all calculations of my Trustees in the disposal of the interest
and principal of my estate to my children and grandchildren in manner
aforesaid.

11.  Item.  In case any or either of my said Trustees should die be removed
or resign I direct and request that the Court having jurisdiction in the
matter shall approve and appoint a suitable person as Trustee in the place
and stead of the Trustee so deceased removed or resigned from persons
selected by the surviving Trustee for that purpose which Trustees so
appointed shall stand in the place and have all the power of those
constituted by me in this will.

12. Item.  I give devise and bequeath the sum of One Hundred Dollars to my
niece Elizabeth Engard formerly Elizabeth Pleis.

13. Item.  I give devise and bequeath the sum of Two Hundred Dollars to
Thomas C. Tripler to be appropriated by him to the purchase of a watch or
whatever he prefers.

14. Item.  I give my gun to my son-in-law Charles Baker.

15. Item.  I request will and direct that instead of my coal land aforesaid
not being sold for twenty years or the period herein before set out that the
said coal land or lands may and can be sold whenever my Trustees and
Executors may in their judgement and discretion deem it fit for the interest
of my estate and heirs to sell the same.

16. Item.  I will and order that the farm which I have purchased from
Peterson Bickley is not to be disposed of by my said Trustees and Executors
unless for building lots.

17. Item.  I nominate constitute and appoint my son Frederick Klett Junior,
Henry C. Gibson, my son-in-law, Josias W. Dallam and Franklin C. Jones,
Executors of this my last Will and Testament and do declare these presents
only to be and contain my last Will and Testament.

18.   In witness whereof I, Frederick Klett, the Testator, have to this my
Will written on thirteen pages of thirteen sheets of paper set my hand and
seal this seventh day of June Anno Domini One Thousand Eight Hundred and
Fifty Nine (1859).

Frederick Klett, (seal).

Signed sealed published and declared by the above and within named Frederick
Klett as and for his last Will and Testament in the presence of us, who have
hereunto subscribed our names in the presence of the said Testator and of
each other.

Richard J. Williams
J.W. Carroll
Gustav Winkler, M.D.

City and County of Philadelphia S.S. Registers office August 2, 1859

Then personally appeared Samuel Pleis, Alfred Wiltberger and Joel W. Carroll
the subscribing witnesses to the foregoing last Will of Frederick Klett
deceased and on their solemn oaths did say that they were present and did
see and hear Frederick Klett deceased the Testator therein named sign seal
publish and declare the same as and for his last Will and Testament, and
that at the doing thereof he was of sound disposing mind memory and
understanding to the best of their knowledge and belief.

Sworn and subscribed before me the date above, Samuel Lloyd, Dep. Register

Samuel Pleis
A. Wiltberger
J.W. Carroll

Have hereunto subscribed our names in the presence of the said Testator and
of each other, the word "Time" being inserted in the tenth line of the IX
page before this Will was signed and executed.

Samuel Pleis
A. Wiltberger
J.W. Carroll

I, Frederick Klett, the within named testator do hereby make and publish
this Codicil to my last Will and Testament dated the seventh day of June
A.D. One Thousand Eight Hundred and Fifty Nine in manner following.

Item.  I do hereby revoke and make void the appointment of Henry C. Gibson
as an Executor and Trustee of my said Will and Testament above mentioned.

In witness whereof I have hereunto set my hand and seal this fifteenth day
of June A.D. 1859.

Frederick Klett  (seal)

Signed, sealed, published and declared by the above named Frederick Klett as
and for a codicil to his last Will and Testament in the presence of us.

City and County of Philadelphia S.S. Registers Office, August 3rd 1859

Then personally appeared J.W. Carroll and Richard J. Williams and Gustav
Winkler, M.D. the subscribing witnesses to the foregoing codicil to the last
Will of Frederick Klett, deceased, and on their solemn affirmation did say
that they were present and did see and hear Frederick Klett, deceased, the
Testator herein named sign, seal, publish and declare the same as and for a
codicil to his last Will and Testament and that at the doing thereof he was
of sound disposing mind memory and understanding to the best of their
knowledge and belief.

Affirmed and subscribed to before me the date above.  Samuel Lloyd Dep. Register

J.W. Carroll, Rich'd J. Williams, Gustav Winkler, M.D.

City and County of Philadelphia S.S. Registers Office August 3rd, 1859.

We do affirm that as the Executors of the foregoing last Will and Testament
of Frederick Klett, deceased, we will well and truly administer the goods
and chattels rights and credits of said deceased agreeably to law, and that
we will comply with the provisions of the law relating to collateral
inheritances.

Affirmed and subscribed before me the date above and letters testamentary
granted unto them.  Samuel Lloyd Dep Register

Frederick Klett, Jr. (Son), J.W. Dallam, Franklin C. Jones

Commonwealth of Pennsylvania S.S. City and County of Philadelphia, Registers
Office October 25, 1871.

I, William W. Bunn, Register of Wills for the City and County of
Philadelphia in the Commonwealth of Pennsylvania do certify that the
foregoing is a true and accurate copy of the last Will and Testament of
Frederick Klett, deceased, together with the probate thereof upon which
letters testamentary were duly granted unto Frederick Klett Jr., J.W. Dallam
and Franklin C. Jones on the 3rd day of August A.D. 1859 as the same remains
on file and of record in this office.  In testimony whereof I have hereunto
set my hand and official seal at Philadelphia the date above.  W. M. Bunn,
Register.