Notes:
The will of Jacob Fry is very important in establishing the children of Jacob and David Mumma
Will of Jacob Fry - 25 Jan 1792
(This will was transcribed by Doug Mumma on 30 October 2002. The Will copy appears to be a copy of original filed at the Lancaster County Court House - probably now located at the LCHS)
In the Name of God Amen!
I Jacob Fry of Brecknock Township in the County of Lancaster in Pennsylvania Yeoman - Being Lick (sic) of Body, but of sound and well disposing Mind, Memory, and understanding, I thank God!- And knowing that this Life is held by an uncertain Tenor - Do therefore hereby make and ordain this to be my last Will and Testament in manner and form following - but first, I will and allow, that all my Just Debts and funeral Charges be paid and satisfied... (next line lost in the fold of the Will)..as herein after shall be directed. Now I will, and devise, unto my beloved Wife Chatharine (sic) all and Singular my plantation and Tract of Land meaning and Intending my old plantation situated in the Township and County of aforesaid, adjoining to Lands of John Stigler, Daniel Road, and others, Containing one hundred and twenty one acres or thereabouts, To hold to her my said wife Catharine during her natural Life, and as long as She shall continue my Widdow (sic), with full and free right to use and possesse (sic) the same Land in the manner aforesaid, and may either rent it or cause it to be done by herself. But in case may said Wide should marrie (sic) again the said devise and use and possession during the ____ said Term shall cease and determine, any herein mentioned to the contrary notwithstanding and I will allow to my said Wife all the Singular my house hold Furniture, and ___ Furniture, Including all yarn all ready at or about going to the Weaver, and all heckled flax and hemp - together with the choice of three of my Cows, four Sheep, a Mare, with her Saddle and bridle, three hogs and I further will that my said Wife shall be ____ Supplyed (sic) with necessary grain for bread, (next line lost in the fold of the Will) and for her Creatures, and with nay and ___ out of my whole Estate undivided, untill the next harvest following my decease, whence be able to raise the same off that part of my __ allowed to her for her Sustenance aforesaid - Thus do I give and allow all the above said articles together with the use and profits of the same Lands (under the aforesaid reservations absolutly, and in lieu of her dowry or ____
But I hereby ordain and direct that my said Wife, in Consideration of the premis and of my liberal gifts, do pay and discharge my just debts and funeral Charges aforementioned out of spare household and kitchen furniture, and the profits of the same Lands, or in such manner as She shall see most fit and convenient -
I also ordain and direct, that my said Wife Catharine, during time she shall hold the said plantation by virtue hereof, shall not be sufficient ____ Cut or sell Timber, other than what may be wanted for necessary buildings, making of rails for fences to the place, and for Fine wood, and to no other purposes whatever - I will and allow unto my Son Jacob Fry, one Bed and Bedstead - and all my horse Creatures, horn Creatures, and Farming utensils, and the other property, not herein before bequeathed, I will and allow that my Executors herein after named, sell and dispose of the same at Vendue to the best and highest bidder. And after the decease of my said Wife - (or in case she marries again) I hereby devise the same plantation, use and possession with reversition and remainder, to my Son Jacob, To hold to him the said Jacob his heirs and Assigns for ever and I do hereby Impower authorize and require my Executors, to grand and Convey the same with him his heirs and Assigns by Deed of Conveyance in as full and effectual a manner, as I myself now might, or could do, they the said Executors taking such precident steps in the Conveying of the same as will secure the Installments to be made and paid by him there___ as shall herein after be mentioned. And I do herby render the same plantation so devised to my said Son Jacob Subject and lyable to the payment of Five hundred pounds in the present currency of Pennsylvania. And Will, that he retain in his ____ out of the same sum, the sum of one hundred pounds in like Money aforesaid, as part of his Share of my Estate, and the remaining Sum of Four hundred pounds, I will and direct, that he pay in yearly Installments, and in like Money aforesaid, of Twenty five pounds each. The first of the same payments to commence within twelve months after the decease of my said Wife, and so on from year to year until the whole sum be paid off, to the use of all my other heirs herein after named. And I will and allow that my Executors divide and make distributions of my Estate, of Bonds due me, and of the respective payments to be made by my Son Jacob, as follow- allowing to the youngest of my Children first so much until he, she or they ___even with the others who received part of their share during my Lifetime, and my grand Children shall stand in the place of their Mothers - and they are all even then to divide the residue my Estate agreeable to the same order, always beginning with the youngest of them first. And I will and allow to my Son Jacob, Ludwig, my daughter Catharine the Wife of Andrew Surreus, my Son Peter, my daughter Margaret the wife of Jacob Weth, my Son John, my daughter Dorothy, my Grand Son John Muma, my daughter Juliana and her Son, and my grand daughters Elizabeth and Catharine, my daughter Elizabeth deceased her children, out of my remaining Estate share and share alike to be distributed unto them in the manner herein before directed. The said my Grand Son and the said my Grand daughters representing their mothers, shall have each such share as their Mothers would have, and there shall be directed out of such share what they their Mother's at their marriage respectively had from me in my Life time. Of the Shares of the said John Muma, and Elizabeth and Catharine Muma my grand Children shall be put out to Interest until they seven arrive to Lawfull age. And my particular directive is, that all and every Sum and Sums, which any of my other Children had and received from me during my Life time, shall in like manner be first deducted out of their shares respectively agreeable to the account of Charges in my Book wherewith each of them will be found Charged of what was advanced to them, severally, in order that each and every of them may be perfectly even and have share and share alike. And I will and direct that if any of my said Grand Children shall happen to die under age and with out Lafull Issue, such of their shares shall be equally divided out amongst my other heirs, or the survivors of them, share and share alike. And I do hereby utterly exclude my late Sons in Law Jacob Muma, and David Muma of and from any share or demand on my Estate, they having received enough during the lives of their Wives my daughters deceased. And I do hereby nominate Constitute and assign my Trusty Friends and Neighbors, Jacob Vonneada (sp) and Adam Grill, to be the Executors and Executors of this my last Will and Testament, hereby revoke (part of the next line lost in the fold of the Will)... all former Wills and Testaments and make (part of the next line lost in the fold of the Will)... heretofore by me made, ratifying and Confirming this and no other to be the same. In witness whereof I have hereunto put my hand and Seal. This twenty fifth day of January, A. Domino one Thousand and Seven Hundred and Ninety Two.
Signed, Sealed, published, pronounced |
And declared by the Jacob Fry as |
And for this last Will and Testament | jacob Fry [SEAL]
At who's request and in presence and |
Presence each of other, We have hereto |
Subscribed our Names |
Daniel Roth
Jacob Roth
The witnesses affirmed
the 31st of march 1792 came
& Jacob Voneda
one of the Exors.
Aff. The same day
G. Ross
Registrar
Lancaster County On the thirty first Day of March 1792, Before me the Subscriber personally appeared Daniel Roth and Jacob Roth the two Subscribing witnesses to the aforegoing Instrument in writing and upon their Solemn Affirmation according to Law respectively did declare and say that they were present and Saw and heard Jacob Fry the Testator therein named sign Sedal publish pronounce and declare the said writing as and for his Last Will and Testament and that at the time of the doing thereof, he was of Sound and well disposing Mind, Memory and Understanding to the best of their Knowledge, observation and belief.
G. Ross
Register
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Be it Remembered that on the thirty first day of March Anno Domini One thousand seven hundred and ninety two, The last Will and Testament of Jacob Fry, late of Breaknock Township Yeoman deceased was proved in due form of Law and Letters Testamentary thereon were granted to Jacob Voneda theExecutor therein named (the other Executor having renounced) he having first been duly qualified well and truly to Administer the Estate of the said Deceased and especially to Exhibit a true and perfect Inventory therof into the Registers Office at Lancaster within one month from this Date and to render a just and true account of his Administration on said Estate within one Year or when thereto lawfully Required Given under my Hand and Seal of said Office
G. Ross
Register
To George Ross Esquire, Register fo the probate of Wills and granting Letters of Administration in and for the County of Lancaster.
I Ludwig Fry one of the Sons of Jacob Fry late of Brecknock Township Yeoman deceased to herby Enter a Caveat against the proving of any writing purporting to be the last Will and Testament of the said Jacob Fry deceased and also against granting Letters of Administration on the said Estate until I am heard thereon. Witness my hand and Seal the 20th day of March Anno Domini 1792
Ludwig Fry [SEAL]
Test
William Henry
[Note: On the Flip side of this document it has written "Withdrew"