Will of Thomas Kelly, 1861

This transcription as found in The Wimer Family, by Paul W. Myers

In the name of God, Amen, I, Thomas Kelly of the Township of Worth in Butler County and State of Pennsylvania, being in tolerable good health of body and of sound mind and disposing memory (praised be God for the same) and being desirous to settle my worldly affairs whilst I have strength and capacity so to do, do make and publish this my last will and testament hereby revoking and making void all former wills by me at any time heretofore made. And fist and principally I commit my soul into the hands of my Creator who gave it and my body to the earth to be interred at the discretion of my executor hereinafter named. And as to such worldly estate as it hath pleased God to intrust me, I dispose of the same as follows, viz. First, I give and bequeath to my son Samuel Kelly, sixty acres and nine perches strict measure off the east end of the tract of land that I now live on, according to a survey made by J. I. Hoge on the 28th May, 1858. Also a lot of about six acres lying west of J. O. McNees known as the Early Meadow. Second, I give and bequeath to my son, Thomas Kelly, all the remainder of the tract of land on which I now live being about fifty-nine acres and seventy-nine perches strict measure together with all the pieces of lands that I now own by purchase of the Pisor Tract and the Amaziah Kelly Tract. Also, I give and bequeath to my son all my personal property that I may be possessed of at my death and Thomas is to pay all my debts and is to collect for his own use all dues that may be coming to me at my death. Third, I give and bequeath to my three grandchildren, the daughters of my daughter Mary S. Hoge dec. one hundred dollars to be divided among them in equal shares. Fourth, I give and bequeath to my grandchildren, the children of my daughter Else Martin dec. one hundred dollars to be equally divided among them. 5th, I give and bequeath to my daughter Hannah Douglas one hundred dollars. 6th, I give and bequeath to my daughter Rebecca Price one hundred dollars. 7th, I give and bequeath to my son Isaac E. Kelly one hundred dollars. And the above sums are to be paid equally to my sons Samuel Kelly and Thomas Kelly anytime within five years after my death to suit the convenience of the payers. And there is no interest to be charged in the above sums nor suits instituted for collection until after the time mentioned for payment. And if any difficulty should arise respecting the meaning of the above bequeaths, then I direct my executor hereinafter named to call upon two uninterested citizens to settle the same. And their decision shall be final and conclusive without any further law or litigation. And I do hereby constitute, and appoint my son, Thomas Kelly sole executor of this my last will and testament. In witness thereof I have hereunto set my hand and seal this 29th of June A.D. 1861. Thomas Kelly