Franklin County Will Book
Pennsylvania State Archives
John Ashway, Sr.

Will of John Ashway Snr.

In the name of God Amen I John Ashway Senior, of Letterkenny Township Franklin County and State of Pennsylvania being in usual health, and of sound mind, memory and understanding but considering the uncertainty of this transitory life as make and publish this My last will and testament, in manner and form following to suit. First, I give and bequeath unto my beloved wife Anna Mary two Cows and all the household and kitchen furniture she may choose to keep for her own use, and One thousand dollars to be paid to her as soon after my death as conveniently can be. Second I order and direct my Executors hereinafter mentioned to sell the mansion farm to the best advantage they can, the one third of the purchase money shall remain in the land during the life of my said wife Anna Mary, and the interest to be paid to her annually by the purchaser and at her death the principal shall be paid to my said executors, the other two thirds of said purchase money shall be paid at such time, and upon such terms as my said executors may deem proper. Third I further direct that my Executors shall likewise sell my mountain land, and shall give to the purchaser of the mansion farm, the first choice to take the one half of said Mountain land situated nearest [illegible] [illegible] as the mountain land to be exempt from dower [?] or this as [?] and I hereby authorize my said Executors to make [illegible] to the purchaser or purchasers of the tract aforesaid. Fourth, My son John Ashway has received from me twenty two hundred dollars of which I allow my said Executors to charge him with seven hundred dollars the other fifteen hundred dollars I give and bequeath unto him. Fifth, My son Jeremiah has received two thousand and seventy five dollars of which I allow my executors to charge him with five hundred and seventy five dollars the remaining sum of fifteen hundred dollars I give and bequeath unto him. Sixth, My daughter Sophia has received from me eleven hundred and eighty five dollars which sum I allow my said Executors to charge her with . And My daughter Anna Mary has received from me six hundred and twenty five dollars of which she is to be charged and Eliza married to Jacob Seidig [?] has received on hundred and forty nine dollars for which she is to be charged. Eliminah has received from me one hundred and one dollars, which [illegible] she is to be charged with, Matilda married to Michael Seidig has received from me eleven hundred and sixty on dollars,which I allow my Executors to charge her with. Seventh, John Rosenberg married to my daughter Eliminah is largely indebted to me which I give and bequeath unto my daughter Eliminah also five hundred dollars as her full share of my estate. Eighth, I give and bequeath unto my Grand-daughter Eliza Ann Seidig two hundred dollars, one hundred dollars to be paid out of my estate and the other one hundred dollars to be deducted from and pass out of her mothers share, and to be part to interest by my Executors until she becomes twenty one years of age. Ninth, The residue of my real and personal property after the payment of the aforesaid legacies shall be equally divided among my Children John, Jeremiah, Sophia, Eliza, Matilda, it is my will that my daughter Anna Mary shall have no share of any part of my estate, also that one hundred dollars as aforementioned shall be deducted from Matilda's share and shall be paid to her daughter Eliza Ann Seidig instead of to her. Tenth, and should any property remain after the decease of my wife Anna Mary I direct my said Executors to divide the proceeds thereof among my give Children namely John, Jeremiah, Sophia, Eliza Ann, Matilda share and share alike Eliminah and Anna Mary to have no share. Lastly I do hereby make and ordain my son Jeremiah Ashway and Michael Dice to be the Executors of this my last will and testament revoking and [illegible] all other wills heretofore made by me [illegible] ratifying and confirming this and no other to be my last will and testament. On Testimony [illegible] I have hereunto set My hand and seal this twenty eighth day of May, in the Year of Our Lord One Thousand eight hundred and fifty eight.

John Ashway

Signed, Sealed and Declared in presence of John B. Kauffman, Jacob Kauffman.

This is a codicil to be added to my last will and testament, such to be taken as part thereof; by me John Ashway which be[illegible] date the 8th day of May, 1858, whereby I as revoke the devise [sic] in my such will contained to my daughter Eliminah in which I bequeathed to her the amount her husband owes me, (being nineteen hundred dollars) as well as five hundred dollars as her full share of my estate; my will now is that she be charged with said sum of nineteen hundred dollars, also, with one hundred and one dollars as directed in such will, and shall receive share and share alike with her sisters therein named in every division of made of my estate and should the remainder of her share, after deducting the [illegible] changes amount to less than six hundred dollars it is my will that my Executors pay her six hundred dollars for her share. It is [illegible] my will that my executors shall not pay to Eliza (married to Jacob Seidig) the amount bequeathed to her, but shall pay unto her annually the [illegible] during her life, as if said executors deem proper they shall purchase for her [illegible part] during her life, a suitable home, and after death the legacy bequeathed her, and . . . [illegible part] . . . said property shall be divided among her children. I witness whereof I . . . [illegible part] . . . hand and seal this twenty second day of March A. D. eighteen hundred and fifty [illegible] [illegible] Signed sealed and declared as the codicil of the last will and testament of [illegible part]

John Ashway

John B. Kauffman, Jacob Kauffman

[illegible section] . . . did for said County personally came John B. Kauffman and Jacob Kauffman subscribing witnesses to the [illegible] instrument of writing who being duly affirmed according to law, aid depose and say that they were personally present and saw John Ashway Sr. now decd., write his name unto the [illegible] will; and that at his the said John Ashways request the said John B. Kauffman signed the name of this said John Ashway unto the willing & Codicil, and that they heard him publish, pronounce and declare the same as and for his last will and testament and as an for his Codicil to the same; and that at the time of the doing thereof he was of sound and disposing mind, memory and understanding according to the best of their knowledge and belief, and that their names thereunto subscribed as witnesses are in their own proper hands writing and done at the same time.

John B. Kauffman

Jacob Kauffman

Affirmed & subscribed this 7th day of May 1859 Before me Geo W. Toms Register

Pennsylvania Franklin County SS.

You Jeremiah Ashway and Michael Dice do swear that as Executors of the last will and testament of John Ashway decd. You will will and truly administer the goods & chattels of said deceased according to law, and also diligently and faithfully regard and well and truly comply with the provisions of the law relating to collateral inheritances. May 7th, 1859 Before Me

Geo. W. Toms--Register