The Last Will and Testament of Daniel Mohler
I give and devise to my son Solomon that part of my mansion farm including the mansion house and improvements and marked in the annexed diagram as No. 1A containing one hundred and seventy six acres strict measure be the same more or less to which diagram I refer as forming a part of this my will. To have and to hold to him the said Solomon Mohler his heirs and assigns for ever. Subject as hereinafter provided as to valuations.
I give and devise to my son Jacob Mohler and his heirs and assigns forever the farm or tract of land on which he now resides adjoining Michael Hoover's heirs, land devised to my daughter Polly intermarried with Jacob Landis, lands devised to my daughter Hannah, intermarried with Moses Miller and others containing one hundred and thirty acres be the same more or less to be held by him his heirs and assigns forever by the lines as now marked on the ground and held and occupied by him and as for such estate as I now hold the same. I also give and devise to my said son Jacob six acres of woodlands formerly part of my mansion tract and now divided off as per the annexed diagram marked as No 2B will more fully appear and the lines marked on the ground as corresponding therewith to hold to him the said Jacob Mohler, his heirs and assigns forever subject nevertheless to the valuation hereinafter mentioned.
I give and devise to my daughter Polly intermarried with Jacob Landis, her heirs and assigns all that farm or tract of land now occupied by said Landis adjoining lands of James Graham, lands herein devised to my son Jacob Mohler, lands herein devised to my daughter Hannah intermarried with Moses Miller and others containing one hundred acres be the same more or less to be held by her heirs and assigns forever by the lines now fixed and marked on the ground by actual survey and draft and as held and occupied by her subject nevertheless to the valuation hereinafter mentioned and as for such estate as I hold the same.
I give and devise to my daughter Hannah intermarried to Moses Miller, her heirs and assigns the farm or tract of land now occupied by said Miller adjoining lands of James Graham, William Harness, lands herein devised to my son Jacob, lands devised to my daughter Polly intermarried with Jacob Landis and others, containing eighty acres be the same more or less to be held by her, her heirs and assigns forever by the lines now fixed and marked on the ground by actual survey and Draft and as now held and occupied by her and as for such estate as I hold the same. I also give and devise to my said daughter Hannah intermarried with Moses Miller and to her heirs and assigns Ten acres of woodlands formerly a part on my mansion tract but now divided off the same as per the annexed diagram marked as No. 3C and lines on the ground adjoining David Hursh and others to be held by her the said Hannah her heirs and assigns forever subject nevertheless to the valuation hereinafter mentioned.
I give and devise to my daughter Nancy intermarried with Jacob Stewthebaker, her heirs and assigns all that farm or tract of land whereon the said Jacob now resides situate in Fairview Township, York County containing one hundred and nine acres be the same more or less to be held by her my said daughter Nancy her heirs and assigns forever subject nevertheless to the valuation hereinafter mentioned.
The parts of my mansion farm marked in the annexed diagram No 4D containing twelve acres strict measure and No 5E containing forty acres and one hundred and forty three perches strict measure, together with all my other Real estate wheresoever situated and not herein otherwise devised I hereby order and direct to be sold by my executors hereinafter named at public sale within one year after my decease to the best advantage or should they be able to effect a sale to advantage privately or the time limited be too short they are authorized to use their best judgment in the same and I hereby authorize my said executors to execute all deeds necessary for the full granting and confirming the said estate to the purchaser or purchasers or heirs in fee and I also empower my son Solomon to make a deed to my son Jacob and my son Jacob to make a deed to my son Solomon.
As it is my intention in the first place to give to each of my six children including what I have advanced them or may hereafter advance them (of which advancement my book kept for the purpose is to be evidence) the sum of four thousand dollars. I hereby declare is to be my will that the several devisees herein named shall take and hold their respective premises at the following valuation viz my son Solomon shall take the lands and premises to him devised at the sum of nine thousand three hundred and twenty eight dollars. My son Jacob shall take the lands and premises to him at the sum of six thousand eight hundred dollars. My daughter Polly shall take the lands and premises to her at the sum of five thousand eight hundred dollars. My daughter Hannah shall take the lands and premises to her at the sum of four thousand one hundred dollars. My daughter Nancy shall take the lands and premises to her at the sum of five thousand seven hundred and seventy seven dollars. And in the equalization of my said children or heirs I direct that those of my children to whom I have devised real estate the value of which together with their advancements made or to be made amounting to more than four thousand dollars shall out of such devises retain the sum of four thousand dollars and shall pay the excess over that sum to my executors in six equal payments without interest commencing on the 1st day of April after my decease (If I shall not have otherwise arranged it by executing of Deeds & taking from them obligations in my lifetime) And that my executors shall pay to those of my children whose devises as valued above together with their advancements as aforesaid do not amount to the sum of four thousand dollars within one year after my decease (if not otherwise arranged as above) So much as will with their several devises & advancements as aforesaid make up the said sum no interest to be computed in making such equalizations. I order and direct that within one year of my decease when the said equalization of four thousand dollars shall have been made all the rest and residue of my estate real and personal in the hands of my executors shall be equally divided between my six children to wit John, Solomon, Jacob, Polly, Hannah and Nancy or their heirs. But it is also my will and I hereby direct that out of the distributive share or one sixth part of the residue of my estate above mentioned which would be coming to my daughter Hannah now intermarried with Moses Miller the sum of seven hundred dollars be set apart when it becomes due and payable (for the use of her son Jacob Gantz by a former husband) the interest on the said sum of seven hundred dollars to be paid to his said mother and I hereby give and bequeath to him the said Jacob Gantz the said sum of seven hundred dollars with its accumulation of interest from the time he is fourteen years of age to be paid to him on the 1st day of April next after he shall have arrived at the age of twenty one years. And as to my said daughter Hannah I give and bequeath the balance only of the said one sixth after deducting the said seven hundred dollars. It is further my wish that the residue of my estate payable by the devisees annually into the hands of my executors as well as any other money not due at the first distribution before directed shall be by the said executors annually distributed among all my six children share and share alike (deducting the said seven hundred dollars from the share of Hannah) until the whole is distributed.
Lastly I hereby nominate and appoint my two sons Solomon Mohler and Jacob Mohler the executors of this my last will and testament hereby revoking all former wills by me made and declaring this and this only to be my last will and testament. In testimony whereof I have to this my last will and testament written on one sheet of paper and comprising four pages with the diagram annexed set my hand and seal this thirteenth day of September AD one thousand eight hundred and forty seven.
Daniel Mohler
Signed, Sealed and declared by the said Daniel Mohler as and for his last will & testament in our presence who at his request & in his presence and in the presence of each other have subscribed our names as witnesses. The word "devised" in the 9th line of 3 page interlined before signing.
Levi Merkel and M Bitner.
The 40 acres were sold to Levi Merkel 2-K-524 on 6 April 1850 and then sold back to Solomon for the same price $1635.75, on 8 May 1850, recorded 2-K-516.
The land willed to Solomon was transferred to him Deed 2-K-512, on 2 April 1851.
The land willed to Nancy & Jacob Struthebaker was deeded to them 2 April 1851, York Co deed bk 13-O-379. This same land was sold by widow Nancy Studebaker, of Mechanicsburg for $10,661.03 on 23 Aug 1875, York Co. deed 3-N-443. I failed to record buyer. This land had been bought by Daniel in 1830 from Jacob Reeser, York Deed 3-L-125.
The land willed to Mary & Jacob Landis was transferred to Jacob in trust for the children 2 April 1851, Cumb Co Deed 10-I-570, since Mary had died intestate.
I could find no deed for the land willed to Jacob.
The land willed to Hannah & Moses Miller, deed 2-R-358, 2 April 1851.
