Person:John Kerr (137)

Will Transcript

Will of John Kerr (1789)

In the name of God Amen this fourteenth day of May one thousand seven hundred and eighty eight I John Kerr Senior of Nottingham Township Washington County State of Pennsylvania Cutler and Blacksmith being weak in body but of perfect mind and memory Thanks be given unto God therefore calling to remembrance the mortality of my body and knowing that-is appointed for all men once to die do make and ordain this my last will and testament. That is to say principally and first of all I give and recommend my soul into the hands of Almighty God that gave it and my body to the earth to be buried in decent Christian manner at the discretion of my executors and as touching such worldly estate where with it hath pleased God to bless me in this life. I give devise and dispose of the same in the following manner and form. Whereas by an inventory taken and valuation made the day of February one thousand seven hundred and eighty eight whereon a dividend of my real and personal estate was made in the following manner that is to say To my son James Kerr in valuation of Penns[ylvania] currency the sum of two hundred and fifty pounds.

To my son Robert Kerr in valuation the sum of twenty pounds To my son John Kerr in valuation the sum of one hundred and fifty six pounds To my son Joseph Kerr in valuation the sum of twenty pounds To my daughter Rebekah Kerr in valuation the sum of one hundred pounds. To my son Matthew Kerr in valuation the sum of sixty five pounds To my son William Kerr in valuation the sum of sixty five pounds Which dividend and valuation I now ratify and confirm as a part of my last will and testament to all such of my children as are of age taking such articles as valued to the amount and such of them as make take more being by joint compact in the articles of agreement where the several dividends are stated only to pay in kind.That is to say in Articles of the same kind to the full amount.As three judicius freeholders shall value at the time when payment is made which Shall be in six months after demand made.And either party concerned when calling upon the other shall jointly without delay fix upon a suitable person to choose the appraisers for them.And such as do not take their dividend in articles be the same more or less and in proportion to the increase or decrease of the value of such articles as are sold the same shall be added to or taken from the shares of such refusers.

And as for that part of my estate which I reserved in my own hand I bequeath and dispose of in the following manner. Namely that my funeral expenses be first of all paid out of it, and the remainder thereof be disposed of in manner and form following that is to say I give and bequeath unto my son Robert Kerr over and beside his dividend so stated in the article before mentioned the sum of thirty pounds.

I give and bequeath to my son John Kerr besides his dividend as stated the sum of ten pounds also the use of the least still and my dividend of the still vessels free of all charges for one year then to be returned to my executors herein after named for the benefit of the estate.. unless he chooses to purchase the same, without damage to either still or vessels more than common wear.

I give and bequeath to my son Joseph Kerr besides his dividend as stated the sum of fifty pounds.

I give and bequeath to my daughter Mary Graham the sum of ten shillings.

I give and bequeath to my son Matthew Kerr besides his dividend the sum of ten pounds. I give and bequeath to my son William Kerr besides his dividend the sum of twenty pounds.Over and besides I give and bequeath to my two sons Matthew and William and their heirs forever that plantation or tract of land on the head waters of Pigeon Creek purchased from Patrick Scott and since by joint consent have been surveyed under an office right in the name of said Scott and for which tract of land he is to make a deed of conveyance from the patent each party in proportion to their land paying the expense of obtaining the Patent. I do also order and ordain by this my last will and testament that all the lawful demands of my son_in-law John Heap against my estate either for money lent or articles of merchandise whether purchased for the use of my family or other necessary occasions be paid and fully discharged out of that plantation or tract of land on the waters of the Susquehanna River and the surplus money arising on the sale of my said plantation if any to be equally divided amongst the whole of my children named in this my last will. And if no surplus should arise on the sale of the last mentioned plantation then each of my children's shares as willed and bequeathed to them by me according to and in proportion to the several sums as also the several dividends by me ratified and confirmed be deducted until the whole of the debts to John Heap aforesaid be fully satisfied. I do farther order and ordain that if any uncommon or mis-fortune shall befall any of my children (of which my executors shall be the judge) here named Robert Joseph Matthew and William then in such case it shall be lawful for my executors and they are hereby enjoined to deduct out of the shares of the others or of use to raise out of the surplus of my estate the sum of thirty. If either to be given to one or to be divided as Exigince or Pity may require.Provided it be within seven years after my last will and testament and ordain by this my son-in-law John Heap whether that all the lawful demands of my estate either for money lent or articles of merchandise purchased for the use of my family or other necessary occasions be paid and fully discharged out of that plantation or tract of land on the waters of the Susquehanna River and the surplus money arising on the sale of my said plantation if any to be equally divided amongst the whole of my children named in this my last will.

And if no surplus should arise on the sale of the last mentioned plantation then each of my children's shares as willed and bequeathed to them by me according to and in proportion to the several sums as also the several dividends by me ratified and confirmed be deducted until the whole of the debts to John Heap aforesaid be fully satisfied. i do further order and ordain that if any uncommon or mis-fortune shall befall any of my children (of which my executors shall be the judge) here named Robert Joseph Matthew and William then in such case it shall be lawful for my executors and they are hereby enjoined to deduct out of the shares of the others or otherwise to raise out of the surplus of my estate the sum of thirty pounds either to be given to one or to be divided as Exigince or Neupity may require.Provided it be within seven years after this my last will and testament.

I do further order and ordain that my son John have the one third part of the wheat and rye in the ground for his labors in sowing the same. the other two thirds to be applied to the general benefit of the estate either to make good a deficiency or to save a surplus to be applied to such as may be neupitious under the regulations and provisions already mentioned.

I do further order and ordain that the spring and fall crops of the unoccupied part of the new field and the spring and fall crops of the Hill houp field be equally divided between John, Matthew and William if they think proper to attend the same.

To a division of one third to my son James if he chooses to take it.

I do further ordain that Negro Harry and whatever part of my estate remains unappraised (if any part remains so) shall be valued by those gentlemen who appraised the rest (or in the refusal some other judicious person) so that it may be in the power of such of my children as are of age to take their dividend in such articles as they may choose and after the whole of my estate is divided or sold and finally adjusted if any surplus there be it shall be in the power of such of my children as are of age to take their dividend in such articles they may choose. And after the whole of my estate is divided or sold and finally adjusted if any surplus there be it shall be equally divided amongst my sons Robert Joseph Matthew and William.And if a deficiency should arise such deficiency shall be deducted from cash as well those who have received dividends in my lifetime as those who have received additional bequests.

I do further order and ordain that if my son Matthew Kerr should die before he is of age capable of disposing of his estate and having no lawful issue in such case his share of my estate both as to dividends and bequests whatever remains shall go to his brother William Kerr.

In like manner if my son William Kerr should die before he is of age capable of disposing of his estate both as to dividends and bequests and having no lawful issue the reversion thereof shall go to and be considered the property of his brother Matthew Kerr.

I do further ordain constitute and appoint John McDowell William McCombs and John Wilkin the sole executors of this my last will and testament.And I do hereby utterly disallow revoke disannul all and every other former testament will and bequests in any wise named willed and bequested ratifying and confirming this and no other to be my last will and testament.In witness whereof I have hereonto set my hand and seal the day and year above written.

Signed sealed published pronounced and declared by the said John Kerr Senior as his last will and testament in the presence of us.

Samuel Baxter, John Kerr

Washington County Pennsylvania

On the 8th day of September 1794 before William McIlvain Deputy for James Marshal Esq. register for the probate of wills and in aforesaid county personally appeared James Kerr and William Scott two of the subscribing witnesses within named and of their oath did depose and say that they were present and saw and heard John Kerr sign seal and publish pronounce and declare the within instrument in writing as and for his last will and testament and at the same time of doing thereof was of sound mind memory and understanding to the best of their knowledge observation and belief. James Kerr the executor within appointed was sworn and will administer on the estate of the within named Deceased.

And if both my sons Matthew and William should die before they are of age and having no lawful issue then in such case both their shares of my estate as well as their dividends and bequests shall be equally divided amongst the whole of my children.

1.   Genealogy.com.

   John Kerr (1-J), son of James (J), moved to Pennsboro Township and Carlisle, Cumberland County, Pennsylvania.John's wife's name was Janet.He worked as a blacksmith and cutler in Carlisle.In 1762, he paid taxes in both Pennsboro Township and Carlisle.One of his daughters, Margaret (2-1-J), was married to John Heap, a prominent businessman in Carlisle.The Cumberland County Genealogical Society is now located in the Heap House.Another daughter, Mary (1-1-J), married William Graham, a graduate of Princeton and Presbyterian minister.
   In 1781, John Kerr (1-J), son of James, moved to Washington County, Pennsylvania.He lived in Nottingham Township and attended the Pigeon Creek Presbyterian Church near the Dunningsville exit off Interstate 70 north of Washington, Pennsylvania.He bought 307.5 acres on Chartiers Creek on April 1, 1784 from John Edgerton.He bought 283 acres warranted March 16, 1786 and patented September 7, 1786, and this area was called Happy Lot.He owned 280 acres, three horses, four cows and five sheep, for a value of 317 pounds.His children were Mary Kerr Graham (1-1-J), Margaret Kerr Heap (2-1-J), James (3-1-J), Robert (4-1-J), Joseph (5-1-J), John (6-1-J), Rebecca Kerr Brice (7-1-J), William (8-1-J), and Matthew (9-1-J).William and Matthew were minors at the time of his 1789 will.He died March 28, 1789.(See will of John Kerr, May 14, 1788.) John Kerr transferred land in Nottingham Township to John, Jr.and to James on May 18, 1789.
   
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