Will of James Kerr 1851

James Kerr

I James Kerr, of Elizabeth township Allegheny county and state of Pennsylvania, calling to mind the frailty of human life and its uncertainty, and being desirous of settling my worldly affairs, and directing how the estates with which it had pleased God to bless one, shall be disposed of after my decease while I have yet strength and capacity so to do, make and publish this my last will and testament.
And First, I commend my immortal being to Him who gave it, and my body to the earth to be buried without ostentation by my executor hereinafter named.
And as to my worldly estate, and all the property, real, personal or mixed of which I shall die seized and possessed or to which I shall be entitled at the time of my decease, I devise, bequeath, and dispose thereof in the manner following, to wit First, my will is that all my just debts and funeral expenses shall, by my executor hereinafter named, be paid out of my estate as soon after my decease as shall by him be found convenient.
I give, devise, and bequeath to my beloved wife, Ester, all my household furniture in my dwelling house; I also give to her the occupation and use of my dwelling house and the income and profits of ally my land and its appurtenances, to have and to hole the same to her, for and during her natural life
I give and bequeath to my daughter Rebecca Watson, the sum of Five hundred dollars, to be paid to her by my executor hereinafter named, after the decease of my wife Ester, to be for the sole use of herself, her heirs, executors, administrators and assigns.
I give and bequeath to my son Wilson Kerr, the sum of Five hundred dollars, to be paid to him by my executor hereinafter named, after the decease of my wife Ester.
I give, devise, and bequeath to my two sons Mathew and Daniel, the reversion or remainder of my dwelling house and the land with the appurtenances, thereto belonging and attached, being about one hundred and forty four acres, situate in Elizabeth township and county of Allegheny, and all profit, income and advantage, that my result therefrom, from and after the decease of my beloved wife Ester; the same to be equally divided between Mathew and Daniel; to have to hold the same to them the said Mathew and Daniel, their heirs, executors, administrators and assigns, from and after the decease of my said wife, to their own individual use and behoof forever.
I give, devise, and bequeath to my son Isaac, all that certain tract of land or farm, belonging to me, and known as the “Fleming farm” situate in Elizabeth township and county aforesaid, containing eighty one acres, (the same having been purchased by me from George Fleming and conveyed to my by deed recorded in the office for the recording of deeds in Allegheny county) and all profit, income and advantage, that may result therefrom, from and after the decease of my beloved wife Ester; to have and to hold the same to him, his heirs, executors, administrators and assigns, from and after the decease of my said wife to his and their use and behoof, forever.
As to any stock or grain, or other personal property not herein before disposed of - it is my desire that the same be equally divided among my three sons Isaac, Mathew and Daniel and I hereby so give and vequeath the same to them.
It is my wish that the legacy hereinbefore given to my daughter Rebecca, be paid to her by my son Isaac out of his portion of my estate and that the legacy hereinbefore given to my son Wilson be paid to him by my son Mathew and Daniel out of their portion of my estate. This legacy to Wilson, is in addition to what he has at various times before received.
Lastly I do nominate and appoint son Isaac to be my executor of this my last will and testament. In testimony whereof I the said James Kerr, have to this my last will and testament subscribed my name and affixed my seal this first day of January in the year of our Lord one thousand eight hundred and fifty one.

Signed sealed and published and declared by the said James Kerr, as and for his last will and testament in presence of us, who at his request and in his presence, and in presence of each other have subscribed our names as witnesses hereto.
Stewart McClure
J.S. Morrison

28th day of March 1855 personally appeared Stewart McClure and J.S. Morrison