Franklin County Will Book
Pennsylvania State Archives
John Martin's Will
In the name of God Amen I John Martin of Hamilton Township Franklin County Pennsylvania made and ordain this as & for my last will and testament in manner following to wit [?]. In the first place my will is that all my just debts and funeral expenses shall be paid and to my beloved wife Sarah I devise and bequeath for and during her natural lifetime, all of my property and all of my personall estate and at her death I will and direct that of . . . [illegible part] . . . remains and of my real estate shall be sold by my Executor . . . [illegible part] . . . and to be made to the purchase or purchasers . . . [illegible part] . . . of my real and personal estate after deducting the last . . . [illegible part] . . . to be divided in the following manner to wit. To . . . [illegible part] . . . of Chambersburg I give and bequeath the sum of thirty [?] . . . [illegible part] . . . and my son David each I bequeath . . . [illegible section] . . . who have not received said sum of thirty dollars are to have the said sum paid to them and the balance remaining is to be divided to and among my children and grandchildren as follows to wit. to Christian one equal share to Alexander one equal Share to Michael one equal share to Catharine one equal share, to Joseph One equal share to David One equal share to the children of my deceased daughter Lydia Burger I bequeath one half of her equal share to be equally divided among my said daughters children share and share alike. To the children of my deceased Son John Martin I bequeath one half of one equal share to be divided equally among said children, but if one or more of my said daughters children should die before my said wife then the portions or share of the child or children who shall die before my wife leaving no kins is to be divided equally among my children living at my said wife's death and of my son John's children or any of them should die before my said wife and leave no kins then the share of such child or chidren so dying is to be divided equally among my own children who may be living at my said wife's death in equal shares, and if one or more of my children who are now living should die before my said wife and leave no kins then the share or shares of the one or more so dying shall be equally divided among my children who may be living at my said wife's death. If my son Joseph Martin should die before my said wife and leave a child or children then my will is that his child or children shall only receive one half a share and the other half of the share herein before willed to said Joseph is to be equally divided among my children who are living at my wife's death. If any one or more of my legates named should go to law or creat [sic] trouble about my will there the one or more so [illegible] is to receive only one dollar and to carry this my will into effect I appoint My son Alexander Martin Executor of this my last will and testament, witness my hand and seal this fifth day of February A. D. 1859.
Signed & acknowledged in the presence of the undersigned who signed in the presence of each other
James Nill Christian Bittner
Before me George W. Toms Register of the probate of wills & c. in and for said County personally came James Nill Esq. and Christian Bittner Subscribing witnesses to the [illegible] instrument of writing who being duly sworn according to law aid depose and say that they were personally present and saw John Martin make his mark unto his name within written, and that they heard him publish pronounce and declare the same as and for his last will and testament and that at the time of the doing thereof he was of sound and disposing mind memory & understanding according to the best of their knowledge and belief and that their names thereunto subscribed as witnesses are in their own proper hand writing and done at the same time.
Sworn & subscribed this 23rd day of May 1858 Before me Geo. W. Toms Register
A true copy taken from the original Nov. 29 1859--- Geo. W. Toms. Register