Will of John Kerr 1861

Will of James Kerr
1861

Know all men by these presents that I James Kerr of the Township of Unity in the county of Westmoreland and state of Pennsylvania being weak in body but of sound and disposing mind and memory do make and publish this my last will and testament hereby revoking all former will by me at any time heretofore made and as to my worldly estate and all the property real personal or mixed of which I shall die seized and possess 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 any just debts and funeral expenses shall by my Execulix and executor hereinafter named be paid out of my estate as soon after my decease as shall by them be found convenient Item I give devise and bequeath to my beloved wife Mary Kerr all my household furniture in the dwelling house was house and spring house to be hers absolutely I allow her to take the stock ____ horned cattle sheep hogs at their appraised value and to account to my estate for any balance that may be over paying debts _______ or bequests and when my farm is sold should she live to that time I allow her to receive out of the sale thereof six hundred dollars besides her downer and until my youngest child is of age I allow her to have the control of the farm on which is to be kept in good order and repair: I give and bequeath to my son John Kerr four hundred dollars to be in lieu of a note I give him for his services to me calling for three hundred dollars. I allow him to farm the piece until it is sold on such terms as he and my wife may agree upon. I also allow him to take the horses and farming implements at their appraised value and after taking out the amount of the above named four hundred dollars that the account to my estate for the balance:
I give and bequeath to my daughter Kate fifty dollars a bequest left in my hand by my mother to be paid her as soon after my decease as my said executrix and executor my find it convenient I also allow my farm to remain unsold until my youngest child is of age and then to be sold by my hereinafter named executrix and executor or the survivor of then either at public or private sale as they shall find most advantageous and to make a title for the same and after paying the above named six hundred dollars to my wife and securing her downer in the remainder I allow the balance that my be in their hands to be equally divided among all my children or their heirs. Should any of them die leaving children that is the heirs of such to have their parents share. I also allow my unmarried children to have their home with my said wife on the said place. I also allow my son James should he not come to his right mind to be maintained out of my estae if his share shall not be sufficient to maintain him I allow an addition to be paid out of my estate if neeeperry of any amount not to exceed one hundred dollars a year my childrens names are John, James, Joseph, Kate, Peter, Richard and Mary Isabel: And lastly I do nominate and appoint my said wife Mary Kerr and my said son John Kerr to be executrix and 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 fourth day of November A.D. one thousand eight hundred and sixty one.

Signed sealed published and declared by the said James Kerr as and for his lat will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto. Rubin Ferguson, John McBright