Last Will and Testament of Abraham McClellan, Colerain Twp., Bedford Co. PA
Source: Mineral County, West
Virginia Will Book 1
Last will and testament of Abraham McClellan of Colerain Township made this 26th day of April A.D. 1877.
I, Abraham McClellan of Colerain Twp. Bedford County Penna being of sound mind, memory and understanding, do make, publish and declare this to be my last will and testament in manner and form as follows. To wit:
1st. I commend my soul to God and direct my body to be discretely buried in the Union Graveyard at the Baptist church in Colerain Township.
2nd. I order and direct my executors hereinafter mentioned to pay all my just debts and funeral expenses.
give and bequeath to my beloved wife, Elizabeth, all my
household furniture. Also the right to hold, use, occupy
and enjoy during her natural life the old house near the
residence of P. M. McClellan where we now live. This
is to include the statute garden, brick pa___ and all of
the lot fenced in separate from the meadow being one
acre and a half, more or less. At
the death of my wife, I will and bequeath to my son
Peter M McClellan this property just described, he to
pay George W. McClellan the sum of two hundred dollars
one year after the death of my wife, Elizabeth, and to
Joseph F. McClellan, son of the same P. M. McClellan one
hundred and fifty dollars two years after my wife’s
4th. I further will and bequeath to my son P. M. McClellan, the “James Alexander property” according to the original lines, the same containing eighty acres more or less adjoining land of Wm. James George W. Margart, my home property and others.
5th. My son William McClellan has lately purchased a property from me situated in West Virginia for the sum of three thousand dollars, for which he paid me with cash and notes two thousand dollars. The balance one thousand dollars is ______ in the property and is to be in full of all natural claim or share of the said William McClellan in my estate. That is he is to pay his notes to secure which I have taken a trust deed so as to make the amount received by me two thousand dollars. The other thousand of the purchase money is to be in full of all my interest, share or claim what is of the said William McClellan in my estate.
6th. I give to my daughter Rebecca N____ the sum of eleven hundred dollars, the note I hold against her husband Samuel N____ is to be deducted from this eleven hundred dollars. The balance to be paid to the said Rebecca out of the first money which comes into the hands of my executors after payment of debts and expenses.
7th. I will and bequeath to my son George W. McClellan my mansion farm together with the mountain land adjoining, I think containing in all two hundred acres, less the acre and half willed to P. M. McClellan, he to pay as hereinafter provided the sum of thirty two hundred dollars. The said George is to give to my beloved wife Elizabeth the third of all he raises, taken to market or delivered to her as she may wish without charge except expenses paid by him. He is further to provide her with plenty of firewood hauled and chopped ready for the fire. Also to furnish pasture for two cows, six sheep, one horse. Also to give her one third of the fruit, one third of the hay, and one third of everything raised on the place. This property is subject to the payment of the thirty two hundred dollars as well as charged with the rights and privileges _____ tio my wife Elizabeth McClellan. George W. McClellan to pay my son Josiah McClellan the sum of one thousand dollars one year after my death. To my son John McClellan the said George is to pay the sum of one thousand dollars, five hundred two years after my death, the remainder one year thereafter. To my daughter Mary James, George W. McClellan is to pay the sum of eleven hundred dollars in two equal annual payments commencing six years after my death.
These payments to Josiah, John and Mary to be without interest until due. The remaining one hundred dollars G. W. McClellan is to pay my executors hereinafter named two years after my death.
8th. my son Thomas McClellan lately purchased a property from me situated in West Virginia for the sum of two thousand dollars. One thousand thereof has been secured by notes, mortgage etc. which are to be paid to me or my executors. The other thousand is to remain in the property on his interest in my estate.
9th. P. M. McClellan is to receive one hundred dollars for services rendered me in the settlement of my business in West Virginia, all the balance residue and remainder of my estate, real personal and mixed, after payment of my debts, funeral expenses, legacies and bequests – above mentioned, is to be equally divided as soon after my death as possible among my five following named children. To wit: P. M. McClellan, Mary James, Rebecca N____, Josiah McClellan and Thomas McClellan. Neither William, Henry or John is to receive any of this remainder. I hereby constitute and appoint Peter M. McClellan and Josiah McClellan executors of this my last will and testament hereby revoking and making void all former and other wills by me at any time heretofore made.
Witness my hand and seal
Signed, sealed, published and declared by the said Abraham McClellan as and for his last will and testament in presence of us who at his request and in his presence here subscribed our names as witnesses thereto.
June 16 1879 having desired for some time to make some changes in this my will I now do so.
April 1st 1879 I loaned my son Josiah McClellan nine hundred and forth dollars for which I have his note. My will is that this is to be as his share mentioned in my will. That is, he is to pay nothing on said note unless it should amount debt and interest to over one thousand dollars. In that event all above one thousand dollars he is to pay to my estate. The one thousand dollars is to be advancement.
My will is that my son John McClellan is not to pay the note of $300 and interest which I hold against him until two years after my death, when he is to require his share or payment from George W. McClellan. The payment to be made by my son George W. McClellan are hereby changed as follows. Two years after my death George is to pay to John McClellan one thousand dollars less the note above mentioned. The balance between that and $1000 is to be considered as due and in order that my estate may be settled as soon as convenient the said George W. McClellan is to pay one thousand dollars four years after my death then it is my desire that a final distribution of my estate be made between my children as is provided in the latter part of my will. That part of my will by which I give and bequeath to my son Peter M. McClellan at the death of my wife the house and lot where we now live. I hereby revoke and make void and at the death of my beloved wife Elizabeth I hereby will and bequeath to my son George W. McClellan this house and lot subject to the right and privilege of my daughter Mary James if she should desire to have her home live in, use and occupy the same during the portion of her life for which she should be a widow for which the said George McClellan is to pay one hundred and fifty dollars to Joseph F. McClellan, son of Peter M. McClellan two years after the death of my wife Elizabeth. The payment to Mary James and the one hundred dollars are to be made by George as provided for in my will. These payments are all to be without interest until due.
Witness my hand and seal this 16th day of June 1879.
In presence of us
J. B. Cessna
April 20, 1880. I desire to make some further changes in my will.
1st. I give to my beloved wife my buggy and harness.
R. McClellan has lately sold by and to me the property
in West Virginia mentioned in the above will. I
desire that the said Thomas A. McClellan shall receive
out of the sale of this property one thousand dollars in
order that he may be made ____ to my other children who
are to receive a thousand dollars. I
____ security for Thomas R. McClellan for four hundred
dollars to John Cessna. My
estate must be relieved from this security before any of
the above thousand dollars is paid to the said Thomas.
3rd. I ___ security for John McClellan as guardian of C. Sliger, his stepson. It is my will that none of the thousand dollars above mentioned to be paid to the said Jno McClellan shall be paid by G. W. McClellan to him until I ____ my estate shall be entirely relieved from said security. The provision is that the note of Julia McClellan for $300 shall not be paid until two years after my death. I hereby declare null and void unless during my lifetime I shall be released from said security by John McClellan settling with ___ paying in full his said bond.
4th. George W. McClellan is to pay Joseph F. McClellan only one hundred dollars and not one hundred and fifty dollars as provided above.
Signed, sealed etc. in presence of us who at the request of the testator and in his presence have subscribed as witnesses.
J B. Cessna
G. B. McClellan
Bedford County SS
Personally appeared before me E. D. Shoemaker, Register for the probates of wills in and for said county. J. B. Cessna and Louis Saupp Esq. the two subscribing witnesses to the last will and testament of Abraham McClellan late of Colerain Township deceased who being duly sworn according to law depose and say that they were personally present and said and heard the above named testator sign and seal and pronounce and declare the foregoing instrument of writing as and for his last will and testament, that they signed the same at the request of said testator and in his presence and in the presence of each other and at the time of so doing said testator was of sound mind, memory and understanding to the best of their knowledge and belief. Sworn to and subscribed before us July 8 A.D. 1882
E. D. Shoemaker, Register
Bedford County SS
Personally appearance before me E. D. Shoemaker Register for the probate of wills in and for said county, J. B. Cessna and Emma Hickman the two subscribing witnesses to the first codicil of the last will of Abraham McClellan which said will is dated April 26 AD 1877 and said codicil dated June 16 1879 who being duly sworn according to law depose and say that they were personally present and saw and heard the above named testator Abraham McClellan sign and seal, pronounce and declare the foregoing instrument of writing being codicil one as a codicil to his last will and testament, that they signed their names to the same as witnesses at the request of said testator and in his presence and in the presence of each other and at the time of so doing said testator was of sound mind, memory and understanding to the best of their knowledge and belief.
J. B. Cessna
Sworn to and subscribed before me July 8 A.D. 1882
E. D. Shoemaker, Register
Bedford County S.S.
Personally appeared before me E. D. Shoemaker Register for the probate and wills etc. in and for said county, J. B. Cessna and George B. McClellan, the two subscribing witnesses to the second codicil to the last will and testament of Abraham McClellan deceased, said will bearing date April 26 1877 and said codicil dated April 30th 1880 who being duly sworn according to law depose and say that they were personally present and saw and heard the above named testator sign and seal and pronounce and declare the foregoing codicil as a part of his last will and testament, there they signed the same at the request of said testator and in his presence and in the presence of each other and at the time of so doing said testator was of sound mind, memory and understanding to the best of their knowledge and belief.
Sworn and subscribed before me July 8th 1882 E. S. Shoemaker, Register
J. B. Cessna
George B. McClellan
Bedford County SS
I, E. D. Shoemaker, Register for the probate of wills etc. in and for said county do hereby certify that the foregoing is a true copy of the last will etc. of Abraham McClellan as filed and proven in the registers office of Bedford July 8th 1882 and of the probate of the same. In witness whereof I here unto set my hand and affix the seal of said office.
July 10th A.D. 1882
E. D. Shoemaker, Register
By the tenor of these presents I, E. D. Shoemaker, Register for the probate of wills am granting letters of Administration and for the county of Bedford in the Commonwealth of Pennsylvania do make known to all men the on the 6th day of July A.D. eighteen hundred and eighty two at Bedford before me was duly proven the last will and testament of Abraham McClellan late of Colerain Township deceased a true copy whereof is to these present annexed. He, the said Abraham McClellan having previous and at the time of his death divers goods, chattels, rights and credits within the said commonwealth, the committing the administration whereof and also the auditing the accounts, calculations and reckonings of the said administration according to law ___ are known to belong and the administration of all and singular the said goods, chattels, rights and credits and all other thereof concerning said last will and testament was committed to Peter M. McClellan and Josiah McClellan, executors in the said testament named they, the named executors having ___ been duly qualified will and timely to administer the goods, chattels, rights and credits of the said deceased and make a true and perfect inventory thereof and exhibit the same unto the Registers office at Bedford within thirty days from this date and within thirty days before the sale of the goods file a list thereof with the price and name of the purchaser in the office aforesaid and also diligently and faithfully regard and ___ timely comply with the provisions of law relating to the collateral inheritances and to render a just and true account, calculation and reckoning of the same. Administration within one year from the date hereof or when thereunto lawfully required. In testimony whereof I have hereunto set my hand and seal of office at Bedford the eighth day of July in the year of our Lord one thousand eight hundred and eighty two.
E. D. Shoemaker, Register
I, William J. Bair, President Judge of the Sixteenth Judicial District compose of the counties Bedford and Somerset do certify that E. D. Shoemaker by whom the annexed record certificate and attestation were made and given and who in his own proper handwriting thereunto subscribed his name and affixed the seal of the Register’s office of said county was at the time of so doing and now is Register of Wills etc. in and for said county of Bedford in the Commonwealth of Pennsylvania duly commissioned and qualified to all of whose acts as such full of faith and credit are and ought to be given as due in court of ju____ as elsewhere and that the said_________ are in due form of law and made by the proper office.
Wm. J. Bair, President Judge
Commonwealth of Pennsylvania
County of Bedford SS
I, N. D. Tate, Prothonotary of the Court of Common ______ in and for the said county do certify that the Honorable William J. Bair by whom the foregoing attestation was made and who has thereunto subscribed his name was at the time of making thereof and still is President Judge of the Court of Common ____ Orphans Court and Court of Quarter Sessions of the Peace in and for said county, duly commissioned and qualified to all whose acts as such full faith and credit are and ought to be given as well in courts of judicature or elsewhere. In testimony whereof I have hereunto set my hand and affixed the seal of said court this twenty sixty day of July A.D. 1883.
In the Clerk’s office of the county court of Mineral County West Virginia.
On the 4th day of November 1884 before J. N. Bell, Clerk of the said court. This day in the recess of said county court an authenticated copy of the will of Abraham McClellan dec. of Bedford County, Pennsylvania, which had been proved and committed to record in same county together with the certificates of probate of said will and codicils was presented by Wm. C. Clayton, and it appearing that said will and codicils were duly proven for the register of wills in Bedford County Pennsylvania on the 9th day of July 1882 so as to make the said valid as a will of real and personal estate and ordered to be received and it further appearing by the oath of said Wm. C. Clayton that the executors named in said will declines to qualify as such in this state and desire that William C. Clayton be permitted to qualify as administration in this state with said will annexed. The said Wm. C. Clayton is appointed administrator with the will annexed of said Abraham McClellan dec’d and said Wm. C. Clayton took the oath required by law and executed bond with ______ as required by law in the penalty of $3500 with John _____ and Orlando Shey, his securities which bond is approved and ordered to be received. And the order heretofore made committing the estate of Abraham McClellan with sheriff of Mineral County is hereby revoked.
Given under my hand this 4th day of November 1884.