The Last Will and Testament of Christian Mohler
In the name of God Amen. I Christian Mohler of Allen Township in the county of Cumberland and the State of Pennsylvania being in good health and of sound and disposing mind and memory (praised be God for the same) and being desirous to settle my worldly affairs whilst I have strength and capacity so to do, do make and publish this my last will and testament hereby revoking and making void all wills by me at anytime heretofore made. And first it is my will that all my just debts and funeral expenses be duly paid and satisfied as soon as conveniently can be after my decease.
Item I give and bequeath unto my dear beloved wife Magdalena Mohler all my household and kitchen furniture as much thereof as she may think proper to select for her own proper use, and the residue of my household and kitchen furniture (if my said wife shall not choose to take the whole) I direct my executor herein after named to sell the same at Publick sale.
Item I further give and bequeath unto my said wife all my share or income arriving out of my land for the term of one year after my decease. And also give and bequeath the sum of fifty dollars in cash unto my said wife and I direct my executors herein after named to pay the same unto her immediately after my decease.
Item I give and bequeath unto my said wife in lieu of her lawful dower the sum of three thousand dollars, which said three thousand dollars may remain in either of my plantations or tracts of land in Cumberland County aforesaid to be left to the choice of my said wife in which place she shall wish to have it placed, the interest of which shall be annually paid unto my said wife. If such tract of land shall be in possession and owned by either of my sons, then such son shall pay the interest on said sum to her, and if the tract of land in which she shall chose to place the said sum or dower should be sold, in that case the purchaser or their heirs or assigns shall pay the said interest to my said wife, the said interest to be paid to her one year after my decease and annually thereafter during her natural life at the end of each year.
Item It is further my will, that in case my said wife should prefer having a residence procured for herself to reside on in that event I order and direct my executors herein after named to purchase such property as my said wife may select with the said sum of three thousand dollars or so much thereof as may be necessary and the residue shall be put out on interest or remain in my real estate as my executors hereinafter named may deem best or if my said wife shall prefer having the said sum of three thousand dollars loaned out upon interest, in that case I order and direct my executors hereinafter named to loan the same out upon good and sufficient security and pay the interest arising therefrom to my said wife as herein before directed. And if my said wife except of the provisions herein contained, in that case she shall have no other interest or dower or residence in my estate whatsoever.
It is further my will, that if my said wife shall chose to remain one year after my decease upon the mansion tract, in that case I allow her to live for the term of one year in my mansion house and shall be allowed to keep two cows in pasture and hay sufficient during said term of one year.
Item, I give and bequeath unto my daughter Elizabeth intermarried to George Tidler that certain tract or parcel of land Wayne County & state of Ohio upon which said Tidler now resides at the price of six hundred dollars. And after her death the same shall descend, and her heirs and assigns forever. It is further my will that and that in case the said tract of land together with the sum charged upon my book against my said daughter Elizabeth shall not amount to the full share coming to her then I order and direct my executor hereinafter named to put the same out upon interest to be secured with sufficient security and pay the interest at the end of each year to her during her natural life, and after her death pay the principal sum to her children. Provided however that if my said daughter Elizabeth should prefer to have land purchased for such balance in that case I order and direct my executors herein-after named to purchase land for the same as conveniently to the land upon which she now resides as may be and procure a deed for the same in my said daughters name in trust for her children. Provided further that in the event that the share or proportion of my daughter Elizabeth should not amount to the price of the above land and money paid and charged to her on my said books in that case my said daughter to pay such deficiency to my executors hereinafter named.
Item It is my will, and I give and bequeath the balance of the share which shall come to my daughter Catharine intermarried to Jacob Glime after deducting the sum charged upon my book, and I order and direct my executors hereinafter named to put such ballance upon interest with good security and pay the interest at the end of each year thereafter to my said daughter, Provided that if my said daughter should prefer to have land purchased for such balance in that case I order and direct my executors hereinafter named to purchase land for the same in the state of Ohio at such place as my said daughter shall direct, and procure a deed for the same in my said daughters name in trust for her children or child provided she should have any issue hereafter, and after the death of my said daughter the same shall descend to her said child John Brenizer, and in case should have more issue in that case to be divided in equal proportion wether the same be in money or in land to and among them.
Item, It is my will and I give and bequeath all my estate real and personal to and among all my children to be divided in equal proportion to and among all my children. And I do hereby authorize and empower my executors herein after named one year after my decease to select six good and lawful men of the neighborhood who shall value and appraise my real estate, who are to be sworn or affirmed, and if any of my children shall be willing to take any of my said real estate at the valuation and appraisement aforesaid they may do so giving the preference to my sons. And if neither of my said children shall think fit to take my said real estate, the I order and direct my executors herein after named to sell the same at publick venue to the highest bidder, and I do hereby authorize and empower my executors herein after named to execute good and sufficient deeds for the same to any of my said children who shall or may take any of my real estate at the valuation & appraisement or to such person or persons who may purchase the same at publick venue. The conditions of sale to be left to the best judgement of my executors herein after named. I order and direct my executors herein after named to pay all such of my children out of the first money arriving out of my estate not otherwise disposed of, who have not received any portion so that they shall all have an equal share with that child who hath received the largest sum and afterwards to make a general distribution to and among all my children in equal proportions from time to time. It is my will that after the death of my wife that said sum of three thousand dollars be divided to and among all my children and legal representatives in equal proportions. The portions of my daughter Elizabeth intermarried to George Titler and my daughter Catharine intermarried to Jacob Glime shall be paid to them and in the case of the death of either or both of them prior to such distribution then to their children or child. It is further my will that my said wife shall be at liberty to take two cows, and the residue of all the residue of my personal property not otherwise disposed of. I order and direct my executors herein after named to sell at publick vendeu as soon after my decease as conveniently may be. And lastly I nominate and appoint my son Samuel Mohler and my son-in-law Joseph Sollenberger and John Mohler my son-in-law now of the state of Ohio to be my executors of this my last will and testament. In testimony whereof I have hereunto set my hand and seal the sixth day of June AD one thousand eight hundred and thirty four.
Signed sealed and declared and acknowledged
in the presence of us John Coover and Volentine Shock Cumberland County
Before me, William Line, Esquire Register for the probate of wills and letters of administration in and for Cumberland County came John Coover Esquire and Volentine Shock the subscribing witnesses to the aforegoing instrument purporting to be the last will and testament of Christian Mohler, dec. who being duly sworn or affirmed depose and say that they were present and seen and heard Christian Mohler the testator sign seal publish pronounce and declare the same as and for his last will and testament and at the time of his so doing the said testator was of a sound and disposing mind memory and understanding to the best of their knowledge observation and belief. That they subscribed their names thereto as witnesses at his request in his presence and in the presence of each other.
Sworn, affirmed and subscribed this 3rd John Coover
day of March A.D. 1836, Wm Line Regs. Volentine Shock
We Samuel Mohler and Joseph Sollenberger do solemnly, sincerely and truly declare and affirm in that as executors of the last will and testament of Christian Mohler dec. that we will well and truly administer the goods and chattels, rights and credits which were of said dec. according to law. And also that we will diligently and faithfully regard and well and truly comply with the provisions of the law relating to collateral inheritance and so we affirm
Affirmed and subscribed March 3, 1836
Before me Wm Line, Regs.
Be it remembered that on the 31st day of April AD 1836 the last will and testament of Christian Mohler dec (of which the foregoing record is a true copy) was legally proven and letters testamentary issued 3rd March 1836 to Samuel Mohler and Joseph Sollenberger the executors therein named. Inventory and account to be exhibited in the time appointed by law Witness my hand Wm Line, Regs
The above was found in the Cumberland Co Court House Book K p 477-480 and xeroxed for me by Mary M Mitchell.
The following is from Cumberland Co Orphans Court Docket Bk 14I obviously do not have the beginning of the petition but enough of it to be very interesting, informative and useful. ELCarson
Security, and pay the interest arising therefrom to my said wife as hereinbefore directed." In persuance of this will Your petitioner did prefer that a house should be purchased for her residence and the executor of the said will Joseph Sollenberger and Samuel Mohler did purchase from Baltzer Kunkle and obtained his deed of conveyance dated 27 Oct 1837 for a lot of ground in Hampden Township Cumberland County bounded on the east by Jonas Rupp, on the south by Solomon Gorgas, on the west by Jacob Coover and on the north by a public road leading to Krythers. The purchase money of which lot was twelve hundred dollars, One thousand of which was paid by the said executors and two hundred the residue by your petitioner out of her own funds. The said lot contains about seven acres and has a house and barn thereon erected; which barn your petitioner built at her own expense and otherwise improved the property to double its value out of her own funds: that at the time of the making of the said will and purchase of the said property four of her children were minors and required her care and attention to raise them and for which purpose the purchase of the said property was necessary & proper; But now all her children are grown up married and gone from her. She is old and unable to keep house by herself and the said property is useless and bothersome to her, and in the hands of tenants is being abused and greatly depreciated in value. Your petitioner therefore prays for an oeder upon the said executors of John Mohler and Joseph Sollenberger and Samuel Mohler and the children and heirs at law and Legatees of the said testator to appear at the next Orphans Court and show cause why the said Court should not make an order and decree that the said house & lot of ground should be sold and one thousand dollars part of the purchase Money be paid to the executors of the said Christian Mohler, to be invested for the benefit of your petitioner during her life, and the residue of the purchase money be paid to your petitioner which she is in law and equity entitled to reimburse her the money which she expended for the said property, and she as in duty bound will ____ And your petitioner makes known to the court that the parties of interest entitled to notice are:
1. Levi Swartz, Christian Swartz, John Swartz, Ann Swartz married to William Fry and Samuel Swartz, who are children of Nancy Swartz, deceased all of whom reside in Cumberland County except Levi who resides in the state of Indiana
2. The children of Elizabeth Titter who died leaving her husband George Titler and children John, George, Christian, Jacob, Ephraim and William.
3. The children of Mary Sollenberger who is dead, leaving her husband Joseph Sollenberger and issue Joseph, Jacob, Levi, Susan married to Martin Shank and Anna married to Samuel Eby [daughter Barbara, dec. m. to Daniel Landis, not mentioned]
4. The widow and children of Christian Mohler, dec. to wit Ann Mohler (widow), Martha married to Wendell Miller, Elizabeth married to David W Lembaugh, Abner Harrison, John and Catharine
5. The husband and children of Barbara Miller, dec. to wit Joseph Miller (husband) and children Esther, Fanny, Sarah, Barbara and Daniel
6. Samuel Mohler
7. Jacob C. Mohler
8. Martin Mohler who is dead leaving issue one child named Elizabeth who is a minor and hath Benjamin Givler as her guardian.
9. Esther married to Michael Hoover
10. Martha married to Adam Rensil
11. Joseph Mohler
12. Susan married to John Mohler
13. Catharine married to David Plough [third husband]
14. Sarah married to Jacob Shearer [three unreadable words]This was signed by her
And to wit 12 Aug 1856 The court do hereby grant the said sale as prayed for by the petitioner and that notice thereof be given to the adult parties named in the said petition who reside in the county personally and to those who do not by advertisement of the substance of the said sale in the Carlisle Herald & American Democrat for three weeks before the return of the said sale
Other Orphans court Documents pertaining to Christian MohlerMay 10, 1836: Martin, Jacob and Martha, who are minors above the age of 14, wish to have the following approved as guardians: Martin wants Levi Merkel, Jacob wants John B Coover and Martha wants Adam Riegel.
May 10, 1836: Esther Mohler, a minor under the age of 14 wants Adam Riegel appointed as guardian.
Nov 1842, Upon the petition of Mary Moore, mother of Ann Eliza Mohler, the minor daughter of Martin Mohler "respectfully representing" that the father of the said minor lately died intestate leaving the said Ann Eliza a minor who is now under the age of 14 years without anyone to take care of her person or estate. On the 15th of Nov 1842 the Court order and appoint Benjamin Givler gardian of said minor on giving security in $1000. [Mary's maiden name was Givler.]