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Westmoreland County Genealogy Project Will Board

By: Cheryl Heny

Date: September 6 2000

Submitted herewith is a transcription by Cheryl Heny of the Last Will and Testament of John Bennett, obtained from the Registrar’s Office in the Courthouse of Westmoreland County, in Greensburg, Pennsylvania.

In the year 1826 Will #889

In the name of God Amen, I John Bennett of Fairfield Township in the County of Westmoreland and State of Pennsylvania, being sick and weak in body, but of sound mind, memory, and understanding, but calling to mind the uncertainty of this life have thought fit to make and declare this my last will and testament in manner following:

to wit, first and principally I commend my Soul to almighty God and my Body to the Earth to be Buried in a Christian like manner at the discretion of my Executors, hereinafter named. I will that all my just debts as shall be by me owing at my death together with any funeral expenses and all charges touching the proving of, or otherwise concerning this my will shall in the first place out of my personal estate and effects be fully paid. I give and bequeath unto my loving wife Agnes absolutely one bed, bedstead and bedding, one cow, ten sheep, one spinning wheel and reel, one table and sufficiency of kitchen furniture to keep house with, to be selected by her from among my personal estate. It is my will and desire that the grain in the house barn and in the ground at my decease shall go to the use of my family jointly without going into the hands of my Executors, and as to the rest & residue of my personal estate, it is my will and desire that the same be appraised as soon as can be conveniently done after my decease, and after such appraisement that the same shall be sold at public vendue by my Executors and the proceeds be by them equally divided amongst my loving wife Agnes and children William, Mary, Addy, Abraham, John, Eliza, Agnes, Catharine, Sarah, Isaac, Clarena, and Amanda, to each of them share and share alike, to be paid by my Executors to each of my sons as may arrive at age of twenty-one years, and such as my daughters as may arrive at the age of eighteen years, before the element of my estate and the shares belonging to each of my children as are under age at said time, are by my Executors to be paid to the Guardians of my said minor children, to be paid by the said Guardians and to my said children as they shall arrive at age an it is my will and earnest desire that the said Guardians shall put the said money out at interest and if necessary let the said interest go to support the said children respectively, and where it may not be necessary to pay over whatever interest may accrue together with the principle to he said children when they arrive at age.

I give to my son William, a Stud Horse now on my premises and to my daughter Addy a Cow, which is not to be considered as part of my personal estate. It is my Will and desire that the farm on which I now reside on with the appurtenances shall go to the use of my Family collectively for the term of six years from decease, the proceeds to be employed towards supporting the whole family. During said time the management of the farm I commit to my Wife and my son William during the said six years, but should any argument unfortunately take place amongst the members of my Family in consequence of which the object of intention of the aforesaid grant viz, the support and comfort of the Family shall be defeated, in that I hereby annul the said Grant and direct my Executors hereafter named to rent the said farm and appurtenances for the residue of the said six years and divide the rents arising therefrom equally among said wife and children. It is further my will and desire at the expiration of the said years from my decease, that my said Executors shall sell all my land and tenements herein before mentioned and divide the proceeds thereof equally amongst my four sons, William, Abraham, John, and Isaac, to be paid to each of them as may have arrived at the age of twenty-one years and to the Guardians, as such as are under that age. If my Executors shall be of the opinion that the land can be sold to the best advantage in sales, they are at liberty to do so. I will and direct that my interest in a track of land owned in equal parts by David Reed and myself shall be sold by my Executors as soon after my decease as can conveniently be done, -- the proceeds to be equally divided between my said wife and each and every of my children.

And lastly, I hereby constitute – nominate and appoint my brother Abraham Bennett, my son William Bennett, and Jacob D. Mathews, the Executors of this, my last Will and Testament revoking all others. In witness whereof I, the said John Bennett, have hereunto signed my hand and sea the Sixteenth day of March in the Year of our Lord, one Thousand Eight Hundred and Twenty Six, signed, sealed, acknowledged, and declared by the said testator to be his last will and testimonial in the presence of us who in his presence and at his request have subscribed as Witnesses: John Caldwell, Archibald Huston. John Bennett /S/

Proven before me the 19th day of October, 1826 and Letters of Testamentary Issued to Executors. Recorded 19th October, 1826. Robt Montgomery, Registrar /S/