Person:John Semple (10)

John Semple

• John Witnessed for the Esate of Robert Callender

CALLENDER, ROBERT, Middlesex, Middleton, PA

July 26, 1776 4 November 1776.

Wife Frances.

Only son Robert, minor.

Lands on the Juniata River.

Messrs. West and John Nixon of City of Philadelphia, merchants.

Alexander Lowry of Donegal, Lancaster Co.

William Chestnut.

Lands "now called Indiana."

Lands in Florida, near the Natchez, to be divided equally between all

children, some under age.

Directs to be buried "in burying ground at Carlisle, ... near place

where I buried my former wife."

Exs: wife Frances Calendar, sons-in-law, William Niel of Baltimore,

merchant and Dr. William Irvine of Carlisle and bro.-in-law Mathew

Slough, Esq. of the borough of Lancaster.

Wit: John Holmes, John Semple, Ephm. Blaine, Jas. Irwin.

Codicil names mother-in-law, Mrs. Martha Gibson; sisters-in-law

Jane and Ann Gibson and mother-in-law, Mrs. Elizabeth Jervis.

• Reports of cases adjudged in the Supreme court of Pennsylvania ..., Volume 2; By Pennsylvania. Supreme Court, Jasper Yeates, Charles Smith, William Duane, Pennsylvania. Circuit Courts - Page 434.

Kissiah Sample widow of John Sample against John Sample and Chambers Sample.

Devise by testator to his wife, not expressed to be in lieu of her dower, and where her claim of dower is not inconsistent with, and repugnant to the devise she is entitled to her dower.

Case stated in, dower of lands in Cumberland county.

John Sample, the late husband of the demandant, being seized of the lands in question, made his will dated 3rd September 1792, and thereby devised to her sundry specific articles, and also "200l. to be paid to her in cash, one year after the sale of his real estate." He then directs, that his wife Kissiah and his three sons John, Chambers and Samuel and his daughter Elizabeth, should live together on his real estate, and equally enjoy the profits thereof, until the said sons John and Chambers should come to the age of twenty-one years. He then directs, that all his real estate should be sold by his executors, and the money arising therefrom, together with the residue of his presonal estate, after the above legacies and his just debts and funeral expenses should be paid, be given to his three youngest sons John, Chambers and Samuel, to be equally divided between them, &c.

The demandant received from the executors, the specific articles devised to her, and also 54l. 88. 2d. in four several payments; and the question submitted to the court without argument, was whether the demandant was entitled to dower?

Pur cur. It does not necessarily follow from the words of the will, that the 200l. to be paid to the widow was to be raised out of the sale of the real estate. It is possible such was the testator's intention, but he has not expressed it. It may be, voluit sed non dixit; the words are, that the money shall be paid one year after the sale of his real estate. It does not appear to us, that there is such an absolute inconsistency and repugnancy in this devise to her of claim of dower, as can bar her right at common law.

Judgement for the demandant.

Mr. Ingersoll, for the demandant.

Mr. Duncan, for the tenants.

1.   Egle, William Henry. Muster rolls of the navy and line, militia and rangers, 1775-1783. (1898)
   Page 340, 1898.

   Page 340 - Rangers of the Frontiers, 1778 to 1783 - Cumberland County, Pennsylvania - James Thompson's Company - James Thompson, Captain., Joseph Poak, Alex. Ewing, Joseph Glen, John Young, Perter Wilson, John Poak, Thomas Poak, John Wilson, Jas. Smith Poak, Joseph Brindage, Hans Fleming, Wm. Black, Tho's Black, James Hamerly, Hugh Rodman, Jonathan Jeddings, John Rhea, John Sample, James Boyd, John McColm, Thomas Black, Sen., William Black, Tho's Black, Jr., John Fulton, Sam'l Fulton, Alex. Robison, Moses Sample, Ephriam Dauraugh, Leonard Croniger, Daniel Collins, Joseph Croniger, James Hamerly, John Linn, John Young.

2.   Biographical annals of Cumberland County, Pennsylvania: Containing biographical sketches of prominent and representative citizens and of many of the early settled families. (Chicago [Illinois]: Genealogical Pub. Co., 1905)
   Pages 165 to 169, 1905.

   CUMBERLAND COUNTY, PA
   Page 165 - Henry Ewalt
   Page 166 - His first wife Mary Sample, daughter of a John Sample who died near where now is Hogestown, in October, 1794. The Samples were among the first settlers of that section and it does not appear that the family of John Sample ever lived anywhere else. Consequently, it is a natural inference that Henry Ewalt's father John Ewalt in his younger days either resided in that vicinity, or that he, through some special circumstances, was thrown into association with the Sample family.
   
   Page 167 - Mary Ewalt (nee Sample) had an unmarried brother named John, who in his life acquired title to a considerable portion of the land which originally was included in the Sample homestead. John died in February 1824, leaving this land by will to his nephew, Henry Hewalt, on condition that he pay his four sisters each a certain amount of money. In this way Henry Ewalt (nephew of Sample) became possessed of this land, and it remained in his possession till his death.
   
   Page 168, 169 - Hiram K. Sample - of Allegheny River, in Allegheny County, PA - married Margaret Ewalt - Had Five children.