Will of Andrew Lenox Kerr 1838

Andrew Kerr

I, Andrew Lenox Kerr, of the City of Pittsburgh, Pennsylvania, Merchant, do make and publish this my Last Will and Testament in manner and form following, that is to say I direct that my Funeral expenses, and all my just debts be fully paid.
I give and bequeath unto my Wife Jane, all my Household Furniture for the use of herself and family, also all my stock of goods on hand at the time of my decease, together with my Books of accounts with the accounts therein contained, for her own use, and to be at her own disposal subject only to the payment of my outstanding debts, and also the providing therefrom for each and every member of my family a proper suite of mourning to be worn at my funeral and further I give and bequeath unto my said wife an Annuity of Four hundred Dollars to be paid to her by my Executor in equal annual installments during her natural life.
I direct that my Executors pay to my wife Jane, annually the sun of One hundred and Sixty dollars for the boarding, clothing, and schooling of each of my daughters so long as they shall respectively remain with their Mother, and whenever they shall go to Boarding School I direct my Executors to appropriate the further sum of One hundred Dollars to each of my daughters that shall be attending a boarding school, so long as they shall respectively remain at such school, making in all the sun of Two hundred and sixty dollars and whenever my said daughters respectively shall leave school. I direct my Executor to appropriate the sum of Two hundred Dollars annually to them for their respective support until they shall either attain the age of twenty one years respectively or marry, as hereinafter mentioned.
I direct that my Executors pay to my said wife Jane the sum of One hundred and sixty Dollars annually for the boarding clothing and schooling of ear of my youngest sons, Andrew and William, so long as they shall remain with her and it being my desire that my said sons Andrew and William shall receive each such education as will fit them for the study of any of the learned professions, which, after the age of Eighteen years they may choose. I direct that at the age of Fourteen years, they be sent to some respectable Seminary where exercise and manual labor are a part of the discipline. To defray the expenses of such education, I direct my Executors to appropriate the further sum of one hundred and forty dollars annually for each of my said two sons until they shall have completed their said education, making in all the sum of Three hundred dollars annually for each of my said sons.
I direct that my son James in the course of the ensuing Spring be put to any of the learned professions that he may choose, in some respectable inland town, and I direct my Executors to appropriate the sum of Three hundred and fifty dollars per annum for his boarding, clothing, and keeping a horse until he shall have completed his said studies.
I bequeath to my sister Isabella Consley the sum of one hundred dollars – to my sister Nancy Everill the sum on One hundred dollars – to my sister Jane Hammond the sum of fifty dollars – to Mary Telfair the sum of one hundred dollars – to John Telfair the sum of one hundred dollars – and to Andrew Telfair the sum of one hundred dollars.
I direct that my Executors as soon after my decease as practicable, collect all my out standing debts, and sell such of my personal property as may not herein be bequeathed to my wife either at public or private sale. And I further direct and empower my said Executors to sell either at public or private sale my Lot in the Borough of Allegheny, and to convey the same, for cash or on a credit as they shall think proper – I further empower and direct my said Executors to sell and convey, either together, or in separate parcels, my Real Estate in the City of Pittsburgh situated on the corner of Liberty and Hand Streets, and extending in depth on Hand street half way to Penn Street and also my Real Estate situate in the said City of Pittsburgh on the northwardly side of Liberty Streets above Hand Streets, now occupied by William Diller and A. and S. George- I further direct that one fifth of the purchase money be paid in cash, and that the other four fifths be charged on the said property, and that the interest thereof be paid semi-annually and reserved as a perpetual ground rent to my said Executors.
I give and devise to my Wife Jane during her life whichever of my two dwelling Houses and Lots on Penn Street in the said City of Pittsburgh she may select, free of ground rent, taxes, or any claims or charges for the use of herself and such of her unmarried children as may choose to live with her. After her decease devise the same to my said Executor in Trust as herein after expressed. I direct my Executors to appropriate the sum of Seven hundred dollars to the purchase, under the direction of my wife, of furniture for the said House on Penn Street, which furniture is to be used by my Wife during her life, and after her decease to become the property of my daughter Elizabeth.
All monies that may be on hand at my decease all monies that my be received for outstanding debts, from the sale of such personal property as is not herein bequeathed to my Wife and all monies that my arise from the sale of Real Estate hereinbefore directed to be sold, I direct to be invested by my Executors after paying my first debts and funeral expenses, and the Legacies herein given and bequeathed, in such stocks and securities on Real Estate as they shall deem advisable. And I do further direct that the interest or dividends thereof shall be invested in the same way until my sons shall respectively arrive at the age of twenty one years, and my daughters shall respectively arrive at the same age, or marry with the consent of their Mother and Guardians. And as my said Sons and daughters shall respectively attain the said age, or my daughters shall marry before that age with the consent of their Mother and Guardians, I direct my said Executors to pay them their respective shares of the said fund share and share alike.
I give and devise to my Executors hereinafter named, and to the Survivors and survivor of them, and in case of the death of all of my Executors, to such other person or persons as trustee or trustees, as my said Executors, or the Survivors or survivor of them shall by deed, duly nominate, constitute and appoint, or in failure thereof, to such person or persons as any Court authorized by the Laws of the Commonwealth to appoint shall decree, all of my Real Estate not hereinbefore devised by me to my Wife, or directed by me to be sold, and also the Ground Rents directed to be reserved on the sale of my property on Liberty Street and Liberty and Hand Streets, to have and to hold the sum in Trust for the uses and purposes hereinafter provided and expressed, to wit – First In trusts I collect the said Ground Rents, and to lease the other property for the best sums that can be obtained, and after paying the sums before directed to be paid for the maintenances of my Wife and children, to invest the residue of the said ground rents and of the other rents and profits, in such stock or securities on Real Estate in the City of Pittsburgh, clear of incumberance as my Executors or Trustees shall think advisable, and to appropriate the interest or dividends, thereof in the same way until my sons shall respectively arrive at the age of twenty one years, and my daughters shall respectively arrive at the age of twenty one years, or marry with the consent of their Mother and guardians, and as my sons and daughters shall respectively attain the said age, or my daughters shall marry before that age with the consent of their Mother and Guardians, to pay to them their respective shares of the said fund, share and share alike – Secondly In Trust to pay to each of my sons as they shall respectively arrive at the age of twenty one years, half yearly, during their respective lives, the one equal share of the said annual rents of the said Real Estate, and the said Ground Rents, the expenses of repairs, taxes, assessments, insurance, and other incidental expenses of said Real Estate being first deducted, said half yearly payments to be made to my sons themselves and for their own use, and on their own receipts given when the money is paid, and not in pursuance of any power of longer date than six months before such payments, and to pay to each of my daughters as they shall respectively arrive at the age of twenty one years, or sooner in case of marriage with the consent of their Mother and Guardians, half yearly during their respective lives, the one equal share of the annual rents of said Real estate and of the said ground rents and first deducting as aforesaid the expenses of repairs, taxes, assessments, insurance, and their incidental expenses of said Real Estate said half yearly payments are in no event to be liable for the debts or subject to the control in any way of the respective husbands of my said daughters, but to be paid to my respective daughters themselves for their sole use and benefit, and on their own receipts whether married or single, given at the time of paying the money and not in pursuance of any power of longer date than three months before such payments. I further direct that after the death of my sons and daughters, the same shall become vested in their respective children or their legal representatives in such manner and in such proportions as my said sons and daughters shall respectively by their Last Wills and Testaments direct and appoint, and in default of such will and appointments, shall descend and vert agreeably to the Laws regulating Intestates Estates, and in case any of my children shall die without lawful issue living at his or her death, then the share or shares of such deceased child or children shall be paid over to the survivor or survivors of them share and share alike.
I further empower my said Executors to Lease or Sell the Coal in my Farm in St. Clair Township when they shall deem it can be advantageously disposed of, and to appropriate the price thereof in the same manner as is herein before directed with regard to the rents of my other Real estate. I further direct my said Executors in leasing my Farm in St. Clair Township to give a preference to my children as Tenants in the order of age if any one of my children should wish to occupy it.
I give to my Wife Jane as long as she shall remain unmarried my Pew in Trinity Church Pittsburgh for the use of herself and children, and when she shall marry or cease to occupy said Pew, then I desire that my Executors pay the rent of the same until my son James shall arrive at the age of twenty one years, when I give the same to him if he shall think proper to occupy it but in case my son James shall be dead or refuse, or neglect to take and occupy the same, then I direct my Executors to pay the rent thereof until my eldest daughter Elizabeth shall arrive at the age of twenty one years when I give the same to her on the same conditions and restrictions and in case my said daughter Elizabeth shall not be entitled to the same on the conditions and restrictions aforesaid, then to my next oldest child under the same conditions and restrictions, and so on to the next oldest till it shall come to the youngest and in case no one of my children shall be entitled under the conditions and restrictions aforesaid to take it, then the same shall revert to and become the property of the Minister, Wardens, and Vestry men of said Trinity Church.
I do hereby declare that the Bequests herein given to, and the Provisions made for my said Wife Jane shall be taken and considered in Lieu of Power.
It is my Will that any child with whom my wife bay be pregnant at the time of my decease, shall be entitled to the benefits of this will as fully as if born before my decease.
I further empower my said Executors to collect the Rents of the Real estate hereinbefore directed to be sold until the time of Sale, and to apply the same in the manner hereinbefore directed with respect to my other Real Estate.
I Appoint Andrew N. McDowell, John Herron and John Grier, Executors of this my Last Will and Testaments, and I do also constitute and appoint them the Guardians of my children, as follows, viz. I constitute and appoint Andrew N. McDowell the Guardian of my son Andrew and my daughter Louisa - I constitute and appoint John Herron the Guardian of my daughters Elizabeth and Mary Jane - I constitute and appoint John Grier the Guardian of my sons James Forsyth, and William - and in thus adding the obligations of confidence and friendship to that of humanity, I feel a firm and grateful reliance in the faithfulness with which their respective trusts and duties will be discharged.
I do further direct that in case of any dispute among my wife and children the same should be referred to my Executors, or the Survivors or Survivor of them whose decision shall be final and conclusive, without any resort to a Court of Justice. In case of a reference as aforesaid, or in case of a refusal to comply with the decision of the said referees, I devise and bequeath the share or shares of the person or persons so refusing to the other Devisees and Legatees, equally to be divided among them.
In Testimony where of I have hereunto set my hand and seal this thirty first day of December in the year of our Lord one Thousand eight hundred and Thirty-eight

Signed sealed and delivered by the Testator in presence of us.
Wm Witty & Samuel W. Carr

Allegheny County,
Be it remembered that on the 5th day of January AD 1839 Personally came before me D. Gulliland Register for the Probate of Wills and for said county. Wm Witty and Saml W. Carr the two sub scribing witnesses to the foregoing Instrument of writing who being sworn according to Law said that they saw and heard Andrew L. Kerr the testator sign seal publish and declare this above and foregoing instrument of writing as and for his last Will and Testament and that at the ______ done so he was of sound and disposing mind memory and understanding according to the best of their knowledge and belief.