Kay's Family History and Genealogy

Kay's Family History and Genealogy


Humes, Patrick;
Last Will and Testament, 1858

I Patrick Humes of New Sewickley township Beaver County and state of Pennsylvania being of sound mind memory and understanding do make and publish this my last will and testament hereby revoking and making void all former wills by me at any time heretofore. And first I direct my body to be decently entered in a manner corresponding to my estate then after the payment of all just debts out of my personal estate then as to such estate real and personal as it hath pleased god to entrust me with I dispose of same as follows viz

Item, I give devise and bequeath to my beloved wife Susan Humes during the term of her natural life the Homestead farm on which I now reside containing one hundred and four acres or thereabout with all personal property remaining after complying with the conditions of articles of agreement between me and my sons William Humes David Humes and Martin Humes (in possession of Hugh Cunning by him mitten) the above requested is in lieu of dower to my wife.

Item, I give devise and bequeath to my sons William Humes and David Humes each the some from one dollar they being otherwise provided for.

Item I give devise and bequeath to my son Martin family fifty eight acres of land it being part of the Rehon farm as surveyed by Hugh Cunning which 58 acres is the north west west corner of said tract provided that said Martin Humes family shall comply with the aforementioned articles of agreement that is family pay one third of the balance of purchase money due on said farm then after the decease of my wife I devise and bequeath the Homestead farm as follows.

Item I give devise and bequeath to my son John Humes fifty acres of the west and of the old farm in such a manner as to include the young orchard.

Item, I give devise and bequeath to my daughters Rebeca that and Ellen Humes for the turn of their natural life the mansion house in which I currently reside together with 30 acres of land adjoining said house and such firewood and rails as may be necessary for fast and repairs to be delivered by my son Martin and John. Share and share alike provided Rebeca should marry then in lieu of said share of the above mentioned land she shall receive three hundred dollars as follows in six equal annual payments from the date of such marriage which payment to be made by my sons Martin and John share and share alike they in consequence of such payment to receive Rebecas share of the above mentioned thirty acres of land provided in case of the decease of my daughters before marriage capable mentioned land I bequeath to my sons Martin and John Humes or their heirs share and share alike.

Item to my daughter Mary Haines one hundred dollars to be paid by my son John Humes out of the share of the estate willed to him one year after my decease.

Item to my daughter Elizabeth Hind one hundred dollars to be paid by my son John Humes one year after my decease.

It is likewise my will and desire that my daughters Rebeca and Ellen shall have a fair proportion of the fruit of the Homestead farm during their lives in consideration of the land devised to my son John Humes he shall out of his share of the estate pay (word unreadable) of the purchase money due by my son Martin on the Rehon farm according to articles of agreement aforementioned namely one third of the balance due my son William and David paying two thirds as agreed by said articles.

It is further my will that the barn on the Homestead shall be used by my son Martin and my daughters Rebecca and Ellen as tenants in common during the lives of my said daughters.

Item I devise and bequeath to my daughters Rebecca and Ellen such personal property as shall remain after the decease of my wife Susan. Patrick Humes (seal)

Signed in presence of us April 8th one thousand eight hundred and fifty four.

Witnesses,
Hugh Cunning,
John Boran

I Patrick Humes being of sound memory and understanding after due consideration of the above will do hereby revoke that portion of the above will by which the 30 acres of land is bequeathed to my sons John Humes and Martin Humes in case of the marriage or decease of my daughters Rebecca and Ellen giving said thirty acres of land to my son Martin Humes subject to the same contributions of wood and rails as are mentioned in the above bequest.. Signed this thirteenth day of April A.D. one thousand eight hundred fifty six.

Witnesses,
Hugh Cunning, John Boran
Patrick Humes (seal)

I Patrick Humes the within named testator do hereby publish this codicil to be added to my last will and testament in manner fit leaving to wit. And whereas I had given and bequeathed to my wife Susan all my personal estate during my natural life and at her decease to my two daughters Ellen and Rebecca I do hereby declare that my will is that the same be sold immediately after my decease except the household and kitchen furniture three cows and twelve sheep which shall remain in possession of my wife during her natural life and then to go to my two Daughters above named the two yearling colts and one spring colt if two be raised this year I give to my son Martin provided that if Rebecca should marry She being otherwise provided for in My will, then I bequeath all I personal estate to my Daughter Elen after the decease of my wife. Then lastly I constitute and appoint my son William Humes to be my sole executor of this my last will and testament and I do hereby ratify and confirm my said will in all other respects. In witness whereof I have hereunto set my hand and seal this twenty fifth day of June A.D. 1857. Patrick Humes (seal)

Signed sealed published by the said Patrick Humes as and for a codicil to his last will and testament in the presence of us who in his presence and in the presence of each other have at his request subscribed our names as witnesses thereto.
John Piersol
James Bohn

Beaver county SS
Be it remembered that on the 18th day of July 1857, Before me S. S. Wilson Register for the probate of Wills in and for said county personally came John Piersol and James Bran subscribing witnesses to the signing second codicil to the foregoing will, who being duly Sworn according to law depose and say that they were present and that Patrick Humes the above named testator sign seal publish pronounced and declare Instrument of writing and as for a codicil to his last will and and that at the time of so doing the said testator was of sound mind memory and understanding, to the best of these deponents knowledge observation and belief.
S. S. Wilson, Register

Beaver County ss
Be it remembered that on the 18th day of July 1857 family. Before me S. S. Wilson Register for the probate of wills in and for said County personally came Sam. B. Nelson, who being Sworn according to law depose and sayeth that he is acquainted with Hugh Cunning one of the Subscribing witnesses to the foregoing will, and that he knows him to be out of the State, and further that he acquainted with his handwriting and that he believes the name Hugh Cunning written thereto is in his own proper handwriting. And on the 24th day of July 1857 personally came John Bran a subscribing witness to the foregoing last will and codicil, who bring duly sworn according to law depose and sayeth that he was present and saw Patrick Humes the above named testator sign seal and publish pronounce and declare the foregoing Instrument of writing family as for his last will and first codicil. Family and that at the time of Signing the Said testator was of sound mind memory and understanding to the best of this deponents knowledge observation and belief.
S. S. Wilson, Register

Humes, Patrick - 1858, Will Book D, Page 60,
Beaver County Courthouse, Beaver Co., Pennsylvania


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