The Last Will and Testament of Henry Mohler, Sr.
In the Name of God Amen. I Henry Mohler Senior of Cogollico Township Lancaster County being sick but of sound memory and Senses thanks be to God therefore calling into mind the Mortality make hereby this twenty second day of August Anno one thousand seven hundred and sixty nine mine last Will and Testament in manner as followeth; Imprimus, I recommend my Soul unto God my maker and my Body to my Family to be interred decently and after my funeral charges and other just debts are paid out of my Estate I dispose of the residue in the following manner.
To my beloved wife Barbara I bequeath the Sum of one hundred pounds Pennsylvania Currency to be her property forever which sum shall be paid first after all my other Debts are paid. Further I ordain that she shall have all the profits, uses, incomes and rents of that Plantation whereon I live at present so long till my second son John shall be arrived to his law-ful age for which income she shall be bound to Educate and maintain my Children until said my second son has his age but if my Executors should see that my said Wife should neglect my said Children or Plantation then they shall have power to rent out my Plantation and pay her the Rent for the aforesaid use during the said Term and my Executors shall be guardians over all my minor children untill their Lawful Age. Further supposing that my beloved Wife maintaineth well my family I ordain she shall have all the use Profits and income of all my movable Estate during the aforesaid Term but if my Executors should find it Necessary to rent out said my Plantation as aforesaid then I ordain that they shall sell all my movable Estate at Publick Vendue.
Item I ordain that when my said Plantation should be rented out or any other Necessity should call for it that then my Executors shall build a convenient House some where on my Plantation where they think proper for my wifes use to live therein during the Term of her being a widow and so long she shall Also enjoy the use of one third part of her Garden and further I bequeath to said my wife one fedder bed with all Cloaths thereto belonging, one chest, one Iron Pot, one frying Pan, one Pewter Dish, two Plates to be her property forever and further I ordain that any of my said sons which shall have the plantation whereon I now live shall give her from said my Plantation from the first year of his taking Possession thereof and every succeeding year during the term of her remaining a widow twenty pounds of Good sound Pork, twenty pounds Beaf, eight Bushels of wheat, the Loan of a horse when occasion occurs, necessary firewood to be cut and brought before her door, upon said my sons charges and to keep her a Cow in Fodder and Pasture during the Term but if my wife should marry again then from thenceforth all allowance granted her from said my Plantation shall cease and she besides the Legacy of one hundred pounds and the above mentioned Household utensiles shall have no further Right to my Estate either Real or Personal.
My eldest son Martin shall have my Plantation which I have lately bought from William Heaster and further he shall have from my Plantation joining the above Plantation and whereon I live at present forty acres more, to be taken by Advice of four Arbitrators indifferently chosen. Further I ordain that my said son Martin shall have one Moiety of Another Tract of Seventy Acres which I have bought from Daniel Good to be likewise divided by four Arbitrators indifferently chosen.
Item I ordain that my son John shall have the Plantation whereon I live at present (the aforementioned forty Acres excepted) and further I ordain that he shall have the other moiety of the aforesaid seventy Acres, to be divided as aforesaid. Further I ordain that four men Indifferently chosen between my sons and my Executors shall value all above mentioned Land which said Valued Price from said Lands shall be divided among all my Heirs from said my Wife Barbara (when first my legacees are therefore deducted) shares alike, and said my sons after having deducted their respective shares shall pay the rest of their Coheirs, Elizabeth and Susanna in Terms ordained by the aforesaid Arbitrators and further I ordain that my said two sons also satisfy the other Heirs as aforesaid or giving good security for their shares my Executors or any of them then alive shall by Good Lawful Deeds convey over to each of my sons his respective share of land as aforesaid to have and to hold the said Lands to him his heirs and Assigns forever and such deed I acknowledge hereby as valid & lawful as if I had Executed the same in person.
To my son Jacob I give and bequeath the sum of thirty pounds money aforesaid to be paid within a half a year after my Death and besides this neither he nor his Heirs shall have any right to my Estate.
To my son Henry I give and bequeath the sum of thirty pounds money aforesaid and besides this neither he nor his Heirs shall have any Right to my Estate.
Item I give and bequeath to the Poor the sum of ten pounds to be divided to them by said my Executors.
Item I ordain that my son Martin being yet under age shall pay rent from the Lands alloted to him untill he shall have been arrived to his Age, every year twelve pounds Money aforesaid.
Item I ordain the residue of my Estate not disposed herein before shall also be divided among said my Heirs Martin, John, Elizabeth and Susanna shares alike and my son Martin shall not have two shares.
Finally I constitute Executors of this my last Will and Testament my loving friend John Landes and my son Henry Mohler to which I have the best Confidence. In Witness whereof I have hereunto set my hand and seal the Day and year first above written.
It was signed with his mark and seal
Signed Sealed and Acknowledged by the Testator to be his last Will and Testament in the presence of us underwritten Witnesses who saw him sign and seal the Same.
Joseph Hershberger, Isaac Hershberger and Jacob Mohler
Lancaster County on the twenty second day of September Anno Domini 1769 Before me the Subscriber personally appeared Joseph Hershberger and Isaac Hershberger two of the Subscribing Witnesses to there when will and on their solemn affirmation according to Law did declare and say that they were present and saw and heard Henry Moler the Testator above named Sign Seal and Publish pronounce and declare the within writing and above writing as and for his Last Will and Testament and that at the doing thereof he was of sound and well disposing mind memory and understanding to the best of their Knowledge Observation and belief.
Be it Remembered that on the twenty second day of September Anno Domini 1769 The Last Will and Testament of Henry Moler late of Cocollico Township in the County of Lancaster Yeoman deceased was proved in due form of Letters Testamentary whereon was granted to John Landes and Henry Moler Junior the Executors therein named they being first duly Qualified well and truly to Administer the Estate of the said decedent and to Exhibit a true and Perfect Inventory thereof unto the Registers Office at Lancaster on or before the twenty second Day of October next and to Render a true and Just Account of their Administration on the said Estate when thereto Lawfully given under the Seal of the said office. Edwd Shippen
Other information:Orphan's Court record:14 April 1774, [page 185] John Landis & Henry Mohler, Executors of the will, pay to Martin, John, Susanna and Elizabeth, each 106 pounds, 18 shillings and 1 1/2 pence.
Deed S-33, 9 July 1774, Martin Mohler is given his land by John Landes, Surviving Executor of the last will and Testament of Henry Mohler, Senr.
The deed mentions that Henry Mohler, Jr. had lately died. The deed was for two tracts of land, 58 acres and 40 acres and Martin paid 218 pounds lawful money.
Deed T-253, 12 Oct 1776, John Mohler is given his land by John Landis, Surviving Executor of the last will and Testament of Henry Mohler (the elder). It was for 92 acres and John paid 736 pounds lawful money.
Orphan's Court records: 26 March 1784 [page 293], Susanna Anguish, minor daughter of deceased Henry, now married to Jacob Anguish, being over 14 years of age wants Jacob Anguish appointed as her guardian. John Landis was the surviving executor of the will. Susanna & Jacob rec'd 506 pounds, 18 shillings and one pence, her full share of the estate.
Questions:There are some questions arising from this will. This will was typed into the will book. (Did they have typewriters in 1769 or could errors have been made during the retranscription!)
Son Henry, Jr. was an Executor and therefore over age 21. But Martin, who is still under age is listed as the "eldest son"!
Martin, John, Susanna and Elizabeth are "Heirs from said my wife Barbara".
They deed land to Henry, Jr. Two wives at the same time?