The Last Will and Testament of John Mohler
In the name of God Amen
I John Mohler of Cocalico Township, in the county of Lancaster, being at present of good health and sound mind, memory and understanding, blessed be God for the same and I considering the uncertainty of this transitory life make this my last Will and Testament in manner following.
First I give and bequeath unto my beloved wife Ann as much of my household and kitchen furniture, wash tubs, casks, linen and beds as she shall want and take thereof for her use and also one horse, two cows, all my meat, and the one half of all my grain thrashed or in the straw, as the same may be, and my riding chair, the house clock with the case and all my flax hemp and tow, and also the sum of five hundred pounds of lawful money of Pennsylvania, to be paid to her in the following manner, two hundred pounds one year after my decease, two hundred pounds five years after my decease & the remaining sum of one hundred pounds in nine years after my decease if my wife shall remain a widow, untill the said payment becomes due, but in the case she should, contrary to my expectation, marry again, then she shall not have the said payments, which will come due after her marriage, but if my executors should think she shall want the same for her support they shall have the right to give her the same or such part thereof as they may think proper.
Item, I give and bequeath unto my beloved wife Ann, out of my real estate as follows, she shall have the same two rooms in the lower story, and the two rooms in the upper story of my house where we at present live on the south side thereof for her widow seat and the right in the cellar, kitchen, bakeoven & spring as much as is necessary for her and to pass and repass to and from the same and she shall have yearly & every year after my decease to commence on the first day of April, fifteen bushels of good wheat, nine bushels of rye three bushels of buckwheat or fifteen shillings in lieu thereof, twelve bushels of Indian corn, a fat hog to weigh at least 160 pounds, and all the fat and sausages thereof, 80 pounds of good beef, nine pounds of tallow, two cows and one horse kept in good fodder and pasture for her summer and winter, and if she will keep a hog, she is to have a stable, firewood cut and split fit for her use and brought to her house as much as she shall want, one half used in the stove to be hickory, and she shall have one half part of the garden near the said house, and she shall have one half of an acre of land every year for flax and potatoes, which shall be sowed and planted for her as she shall direct, and to have as many winter apples put in the cellar as she may want, if any on the place and yearly two or three barrels of cider if there is apples on the place to make cider, and six pots full of apple butter and to take apples out of the orchard, in the fall, as many as she may want for her use, and one third part of the eggs found on the place, and the right to take of the pears, piches and cherries on the place, and yearly twenty five bushels of oats, and ten hens for killing them, and yearly the sum of twenty dollars in money, all which she shall have out of my real estate in lieu of a dower as long as she shall remain a widow, but if in the case my son shall build her a good and convenient dwelling house for her use she shall take and use the same instead of her right in the aforesaid house, and she shall also have six pounds of good washed wool and fifteen pounds of hackled flax and the tow thereof every year during her widowhood.
Item: I give and bequeath to my son John Mohler all of my plantation or tract of land, whereon we now live, being the same what I got of my father, excepting the nine acres and one hundred perches adjoining the burying ground and the five acres and one hundred and thirteen perches adjoining the lands I purchased of Joseph Groff according to the draught made thereof, the remainder being about one hundred forty two acres neat measure to hold to him my said son John Mohler, his heirs and assigns forever provided that my said son John Mohler, his heirs and assigns shall allow, render and deliver all and every the rights and incomes out of and on the same to my widow during her widowhood as before mentioned, and also shall pay for the same the sum of four thousand, one hundred & forty pounds lawful money of Pennsylvania in manner following, that is to say, the sum of four hundred he shall keep and retain thereof on account of his portion out of my estate, and twelve hundred pounds shall remain charged thereon during the widowhood of my widow, to enable him to give to her what is given to her out of the same and on the first day of April, after my decease, the sum of one hundred pounds and then yearly and every year next following on the first day of April, the sum of one hundred and twenty-five pounds untill the whole is paid off and discharged, and out of the 1200 pounds which is charged thereon aforesaid I give and bequeath the sum of three hundred pounds thereof unto my said son John Mohler, and the remaining 900 pounds he shall pay after the decease or marriage of my widow in six annual payments of 150 pounds each to commence one year after her decease or marriage.
Item: I give and bequeath unto my daughter Elizabeth, the wife of Samuel Fass, twenty acres of land I purchased of Joseph Groff to include the buildings thereon agreeable to a survey and draught made thereof and also five acres of timberland I have in Berks County, to hold the same unto her my said daughter Elizabeth, her heirs and assigns forever, for which I charge her the sum of 725 pounds lawful money of Pa. which she shall have for and on account of her portion out of my estate.
Item: I give and bequeath unto my eight daughters, Nancy the wife of Philip Weist, Salome the wife of John Eicholtz, Susanna the wife of Benjamin Riegle, Mary the wife of John Merckle, Hannah the wife of Samuel Landis, Catharine, Esther, and Rebecca all the remainder of land what I have in Cocalico township, being the nine acres at the burying place, excepting thereof which is or belongs to the burying place about 20 perches and the 24 acres I purchased of the executors of Michael Kniesly deceased and about 25 acres of the tract I purchased of Joseph Groff, and the five acres and 113 perches I excepted out of the tract given to my son John, to hold all the said several tracts of land unto my above mentioned eight daughters, their heirs and assigns forever as tenants in common in equal parts provided that they shall pay for each and every acre thereof the sum of thirty pounds of lawful money of Pa., which shall be charged to them for the same on account of their portion out of my estate & I order and impower my executors to sell all the said land given to my said eight daughters, in such lots or parts as they may think proper and to give and execute good and lawful deeds for the same, and to pay and divide the money and the profits thereon arising out of the same to and amongst my said eight daughters or their legal representatives in eight equal shares.
Item: I give and bequeath unto my daughter Salome the wife of John Eicholtz, six acres of timberland I have in York County, as the same is marked off on the draught, to hold the same unto my said daughter Salome, her heirs and assigns forever, provided that she shall pay for the same the sum of 144 dollars, which is to be charged to her for the same on account of her portion out of my estate.
Item: it is my will and I order that my executors shall rent or lease my plantation to my son-in-law John Merckle which I have in Cumberland County, for the term of three years from the first day of April AD 1819, the rent to be one third part of the summer grain and one half part of the winter grain, which he shall raise and get thereon, and after the expiration of the said three years, if the said John Merckle is willing to take the said place I have in Cumberland County, at and for the same price and upon the same terms of payment as I have bought it and paid for, then my executors shall give him a deed for the same, which deed I acknowledge
shall be as good and valid in law as if I had given the same in my lifetime, but in case the said John Merckle should refuse to rent or buy the said place in Cumberland County, or if he should take it for three years and then refuse to buy it as aforesaid, in either case then my executors shall sell my said place in Cumberland County at private sale or public vendue and I do hereby impower my said executors to give and execute a good and lawful deed for the same, which deed I acknowledge
shall be as good and valid in law as if I had given the same in my lifetime.
Item: it is my will and I order that my executors shall sell all the remainder of my timberland, what I have in the County of Berks and in the County of York at public vendue or private sale as they may think best, and I do impower them to give and execute good and lawful deeds for the same, which deeds so given by my executors for said lands I acknowledge shall be as good and valid in law as if I had given the same in my lifetime.
Item: it is my will and I order that all the remainder of my personal estate not given to my wife, shall be sold by my executors, out of which they shall pay for saddles, bridles & chests for my three single daughters if I should not pay and give it to them in my lifetime
Item: it is my will and I order that all the money arising out of the sale of my real and personal estate & whatsoever I have charged any of my children for the land, to them herein given and all Legacies and whatsoever I have given to my children which is charged to them in my Book for that purpose shall be added together and divided in twelve equal shares so that out of the whole, each of my children shall have one equal twelfth part thereof, but those of my children which have received in land or otherwise more than some of the others, shall not receive any more untill those who have received less, shall have an equal sum with them, and then when they are all equal, the two eldest shall receive the first payment, one year and so on according to their age until each has his full share.
And lastly I nominate, constitute and appoint my three sons Daniel Mohler, Henry Mohler and John Mohler and my son-in-law Samuel Landis and the survivors or survivor of them to be the executors of this my last will and testament, hereby revoking all former and other wills by heretofore made and declaring this and no other as my last will and testament. In Witness whereof I have hereunto set my hand and seal, the third day of January in the year of our Lord 1818.
Witnesses: Peter Martin and John Becker
Will probated 24 November 1821