Will: Fisher, Thomas (1848)



Source Information

  • Title Will: Fisher, Thomas (1848) 
    Source ID SR20 
    Text Will of Thomas Fisher

    The last will and testament of Thomas Fisher of Neshannock Township Mercer County.
    In the name of God Amen. I Thomas Fisher considering the uncertainty of this mortal life and being of sound mind and memory; blessed be Almighty God for the same do make and publish this my last will and testament in manner and form following, that is to say, First I give and bequeath to my Sister Rachel Steward one hundred dollars provided said sum is necessary for her subsistence. If not necessary, ninety five dollars of said Sum is to be distributed with the rest of my effects and the remaining five dollars to debar her from any distributive share in my estate real or personal. Item; I give and bequeath to my Niece Mary McDowell her heirs and assigns that part of the Hill tract of land north of the New Castle and Pulaski road except two and half acres adjoining adjoining Wm. Mannons Land. Also the east part of the King lot on which the Mansion house is erected to be divided from the west part by a line commencing on the east bank of the run on the line of the Green tract running up along the run to the east bank of run to the line of the Porter tract, so as to give all of the water privileges to the west part or mill lot to hold the land here described to her the said Mary McDowell her heirs and assigns forever. Item, I give and bequeath to Thomas Fisher 3d his heirs and assigns a lot of land situated east of the Eastbrook and known as the orchard tract containing about fifty acres to hold said lot of land to him the said Thomas Fisher his heirs and assigns forever. the aforesaid bequests to exclude the persons to whom they are made from any distributive share in my estate real or personal. Item, I give and bequeath to my Nephew Joseph McDowell his heirs and assigns one hundred acres of land bounded as follows, to wit: to commence at the towing path on the Shenango pool on the line between the King lot and the Green tract thence east along the line of said tract and the Porter tract to the New Castle and Pulaski road thence along the south side of said road to Robert Crockers line thence thence south along said line such a distance that a line running next through said tracts to the towing path or Shenango pool as nearly parallel or equidistant from said line herein before described - when bounded by the margin of the towing path to the place of beginning will contain one hundred acres as aforesaid to hold the said described tract or lot of land to him said Joseph McDowell his heirs and assigns forever said McDowell to pay five hundred dollars and have a distributive share of my estate real and personal. Item, I bequeath to Thomas Fisher of Illinois one hundred dollars and a distributive share of my estate. Item, I give and bequeath to Rachel Drake one hundred dollars and a distributive share of my estate. Item I give and bequeath to Nancy Fisher daughter of Thomas Fisher of Illinois one hundred dollars and distributive share in my state the persons excluded from the distributive share in these bequests are Mary McDowell & Thomas Fisher 3d - Item I give and bequeath to William King (Irish) two and a half acres of land being the same two and a half acres of land mesured out of the Hill tract north of the New Castle and Pulaski road and adjoining the Wm. Mannon to hold the said lot of land to him and the said King his heirs and assigns forever. The remainder of my real estate to be sold all of my personal property to be appraised and sold all money due me to be collected and out of the proceeds of the foregowing. I direct that all my just debts and the other necessary contingent expenses be paid and the residue to be divided among my lawful heirs excepting only those herein before expected - one _____ or share of which is called a distributive share - and I hereby appoint Joseph McDowell and Abel Fisher executors of this my last will and testament - hereby revoking all former wills by me made.

    In witness whereof have hereunto set my hand and seal the 6th day of June one thousand eight hundred and forty five A.D. in addition to the foregowing I give and bequeath to Mary McDowell the Carriage and Bay horse.

    Thomas Fisher seal

    Signed sealed published and declared by the within named Thomas Fisher to be his last will and testament, in the presence of us who at his request and in his presence have subscribed our names thereto

    Thom W. Fulkerson
    Henry Crocker
    Council to the foregowing Robert R. King

    I Thomas Fisher do make and publish the annexed apendix to my will the 6th of June ___, That is to say first I give and bequeath to my Niece Mary McDowell thirty five bushel of wheat & cow a choice of the fat two Hogs a choice of 2 sheep a choice of the bed and the bees in the beehouse Also the furniture in the Back room down stairs. Item to Elizabeth McMillen I give and bequeath two dollars. Item to Eleanor Ian Sewikey I give an bequeath two dollars. In Witness whereof I have hereunto set my hand and seal this 30 day of June 1845

    Witnesses present
    J. W. Fulkerson
    Thomas Fisher seal
    Mercer County

    Be it remembered that on the 29th day of February A.D.1848 personally came before the subscriber Dept Regis for the probate of wills __ in and for the said county John W. Fulkerson & Henry Crocker who being duly sworn according to law did depose and say that they were present with the Testator Thomas Fisher and saw him sign the foregoing will and heard him declare the same to be his last will and testament and at the time of so doing he was of sound and disposing mind and memory to the best of their knowledge observation and belief, and that the names Thomas W. Fulkerson and Henry Crocker Signed to said will as witnesses are in their own proper hand writing signed thereunto in the presence of and at the request of the testator.

    Sworn and subscribed before me the 29th July 1848
    B F. Baskin Dept. Reg

    B. F. Baskin Dept. Reg
    T. W. Fulkerson
    Henry Crocker

    Also on the same day John W. Fulkerson the subscribing witness to the codicil to said will annexed who be duly sworn according to the law did depose and say that he was present with Thomas Fisher the testator and saw him sign said codicil & heard him declare the same to be a codicil to his last will and testament and at the time of his so doing he was of sound and disposing mind & memory to the best of deponants knowledge observation & belief, and that the name John W. Fulkerson signed to said codicil as a witness in his own proper hand writing signed thereunto in the presence of and at the request of the said testator.

    Sworn and Subscribed
    J. W. Fulkerson
    July 29 1848
    B. F. Baskin Dept Reg
    Recorded 29 July 18