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HomeMy WebLinkAbout1616_HACKNEY_JEHU_72_532_01-18-1917_10-20-1948ment of .... ..• REGISTER OF LI..S,Etc:., 55: 10 I,lIiIlIiiidEiliiiiii in and for said county,do hereby certify the foregoing ____.~J_=_ehu=_D._Haclme.7 _ to be a true copy of the original Lost Will and Testa- ... .. ".. APPLICATION FOR PROBATE AND LETTERS TESTAMENTARY I;IENRY~•..TITTERINGTON TO KM.......¥¥lilt" Reqister of Wills,Etc"of the County of Fayette,in the Commonwealth of Pennsylvania. In the Matter of the Probate of the Last Will and Testament of PETITION Jehu D.Hackney Deceased The Petition of Rachae1 M.Hackney __________________'---_..--lrespectfully showeth: That ·=s-=h=..=e:..........:i::..:s=----..-;;:;-;r---;;;=rr;;.-rr-_ the Execut rix -'J::....:e=h=u=-=.D--"'.---=H::.=a::..:c=..:kn=~e.oLy _ both 14 day of April A.D.l~ That said decedent was a resident of Luzerne Twp.Fayette County,State of Pennsylvania,and departed this life atl---'L=u~z'-"e"-"r.....n""'-"'e'----"T"-'wp"-'·~.in the County f F d S f P 1 T the 18"o ayette an tate 0 ennsy vania,on ..I......I.'J)u:e;Lo;S~.-------____ day of January ,A.D.1~17 ,atl-6__'0'clock__A_._M_o_ U:JOliii~~.xxXJfl:Kilfi1§at,~UX:iX~:oox;~lnd!~~_ g~1QCldItlldxaumEllm:mtmt1:x~stlXOOXlXoc:DE1X~:Jcbtsc~_--'-,._ The said Testa tor was possessed of personal property to the value of $3000000 and real estate (less encumbrances)to the value of $__:2§OQOo OO as near a~can ascertained, situate as follows:-.--+_ 200 Acres of farm land situate in Luzerne Twpo,Fayette Co.,Pa. 1/3 interest in a farm of 147 acres situate in Wash.Co.,Pa. 100 acres of cos]land in R1chb11]Twp.,Green Co.,Pa. THEREFORE,the said Rachae1 M°Hackney whose P.O.Address is Eas t Millsboro R.F.D.#1 Pennsylvania respectfully applies for Probate of the said Last Will and Testament,and for Letters Testamentary thereon. Date,_~F...loe'-!:b~yl_l."__"8"_______JA.D.19-.11. RACHEL M.HACKNEY FAYETTE COUNTY,88: Rachael M.Hackney narned in the above application,being duly sworn-according to law,say that the matters and things set forth in the foregoing petition C.re true,to the best of her 7 knowledge and belief. --=s:...;w,,-o=r..:;..n:...;·and subscribed before me at Uniontown,--.:F..seubL,Y1--8l..!-tt _ A.D.19 17 HENRY R.TITTERINGTON Register. RACHEL M.HACKNEY r • • No.4_2 of 19'17 ESTATE OF JEHU D.HACKNEY --- Deceased APPLICATION FOR Probate AND Letters T estamentary FilerllL_-=-F=eb=-y~.-::8=-"_~A.D.19 17 HENRY.B.TITTERINGTON~,-Register C.F.Kefover Attorney. I,Jehu D.Hackney,of Luzerne township,in the County of Fayette and State'of Pennsylvania,do make,publish and de- clare the following to be my last will and testament,I being of sound and disposing mind,memory and understanding,and I hereby revoke all former wills by me at any time heretofore made: FIRST.I direct that all my just debts and funeral expenses be paid and discharged as soon as may be after my de- cease by my executrix hereinafter named. SECOND.I give and bequeath to my wife,Rachael M. Hackney,all the furniture,books,pictures,linen,china, household goods and chattles in the dwelling-house in which we now live in Luzerne township,Fayette County,Pennsylvania. THIRD.All of my farming implements,live stock and other personal property on the farm where I now reside may be kept in_tack as I leave it for the use of my said wife and our children who may reside with her at home on the farm for the purpose of carrying on farming and running the farm so long as they may make the farm their home,with power to my executrix hereinafter named to sell same or such portions thereof as she may deem necessary for the proper managing of said farm and for paying bills and for living expenses,and with power to sell said personar property or any part thereof and repurchase other to take the place of that so sold if my executrix hereinafter named should deem it advisable so to do,and in case all of said personal property should be disposed of by my executrix if any proceeds of such sale should be remaining after my debts are paid I direct it to be disposed of in same manner as hereinafter directed as to the proceeds arising from sale of real estate. FOURTH.I give and bequeath to my daughter,Ruth,five hundred dollars to be paid out of my estate by my executrix hereinafter named whenever there are funds available. FIFTH.I give and bequeath to my daughter,Mildred B.,five hundred dollars to be expended in procuring her ed- ucation,provided I should die before I have the opportunity to expend said sum in educating her.Any portion of said five hundred dollars which I may expend in my lifetime towards her education s~all be deducted from said five hundred dollars and the balance thereof only paid to her,and If I,prior to my death,shall have expended all of five hundred dollars on her education then none of said five hundred dollars shall be paid her after my decease. SIXTH.I hereby authorize,direct and empower,my executrix herein_after named to sell any or all of my real estate,including my coal lands and mining rights,of which I may die sei~ed,wherever located or situate,at either public or private sale,and at such time or times,and upon such termes and"at such price,as may be most beneficial to the best interests of my estate,according to the sound discretion and deliberate judgment of my executrix hereinafter named,feeling that she will ever have in mind the best interests of our children and herself. My said executrix hereinafter named is hereby given full power to execute deed or deeds conveying in in fee any real estate which she may sell as fully and as effectually as I could do if living, and the proceeds arising from the sale of any or all of my real estate,and also from the sale of personal property,I hereby direct that one half of said proceeds be invested and the interest or income arising from said one-half of the proceeds of such sales be paid to my said wife,Rachael M.Hackney,annually or as they may accrue,for and during her natural life or so long as she may remain my widow,and at her death or remarriage then the principal of said one-half of the proceeds of such sale or sales I give and bequeath to my children,namely John C.;Helen Blanche;Emma May;Charles;Harry;Mildred B.;and Ruth Hackney, share and share alike,a nd the other one-half of t he proceeds arising from the sale of any of my real estate or personal property I give and bequeath to my said above named children, share and share alike,the same to be paid forthwith. SEVENTH.I hereby direct that any of my real estate that may be unsold at the death of my said wife,Rachael M. Hackney,or at the time of her remarriage,should she remarry, shall pass to my said children above named,their heirs and assigns, •as real estate,and I hereby give and devise the same to them, share and share alike,and to such unsold real estate the power given to sell in clause SIXTH shall not work a conversion. EIGHTH.Should any of my said children hereinbefore named die before I do and leave lawful issue such issue shall take the parent's share. NINTH.I hereby direct that the proceeds from sales which I have hereinbefore directed to be invested shall be invested by my executrix hereinafter named in absolutely safe securities, so that the principal will be in_tack for my said children here- inbefore named. TENTH.Until my real estate is sold I hereby give and bequeath to my said wife,Rachael M.Hackney,for and during her natural life,or until she should remarry,one-half of the rents, issues and profits thereof. ELEVENTH.The portion of my estate which I have given my said wife herein shall be in lieu of dower. TWELFTH.I hereby constitute and appoint my wife, Rachael M.Hackney,executrix,of this my last will and . testament. 'In Witness whereof I have hereunto set my hand and Aprilsealthe14thdayofJ~~aPY,A.D.1910. JEHU D.HACKNEY Signes,sealed,published and declared by the apove-named Jehu D.Hackney,as and for his last will and testament,in the presence of us,who,at his request and in his presence,and in the presence of each other,have hereunto subscribed our names as witnesses thereto. ALEXANDER LAIRD DAVID BENNETT I Jehu D.Hackney,being still of sound and dis- posing mind and memory desire to add the following codicil to the above-will-That four hundred dollars extra be paid to my son Charles for his education,providing not receive that amount during my life-time. JEHU D HACKNEY April 14th 1910. ALEXANDER LAIRD DAVID BENNETT 111aytttt <tInuutyf 1111. 8"BE IT REMEMBERED,That on the__ (REGISTER'S SEAL) Febv •1917 ,day 01-£__-=-=-=-.tLd.-=---<A.D.1i9l before me HENRY R.TITTERINGTON~~Register for the Probate of Wills and Granting Letters of Administration in and for said County came ----------- .Al_~~I~J1~~_~J:!_gJ~g ._ and _David Bennett subscribing witnesses and codicil to the foregoing Ins~rument of Writing,purporting to be the Last Will and Testament7of __-:__-:-...:.deceased,who,being duly sworn, according to law,did each depose and say that they were personally present and saw the said Jehu D.Ha~k=n=-=e.....y'____.__sign and seal the foregoing Instrument of Writing,and heard.l':!Jm declare the same to be_____his _Last and codicil to same Will and Testamentlwhen of sound and disposing mind and memory,to the best of their belief.That they signed their names as Witnesses thereto by request of the said Testa__..t..ar-_ in h1~L o presence,and in the presence of each other.That they know of no undue in- and codicil ~r 'codicil fluence being used in making said WilVor any later Will~ade.. as witness my hand and official seal. HENRY R.TITTERINGTON-------------------_:.=.:=-=-=----- Register. Sworn to and Subscribed before me this ) ___J?day of.!_~_!?:Y.!,·A.D.~ \ F b 8"Now,e..~-<--_ ALEXANDER LAIRD DAVID BENNETT------------------------------------- 1917 ____________.~,the testimony of the above witnesses being adjudged sufficient,I do hereby admit the foregoing Will to probate,and order the same to be recorded as such. Given under my hand,at Uniontown,the above date. _____HENRY R.TITTERINGTON Register. COMMONWEALTH OF PENNSYLVANIA COUNTY OF FAYETTE Before m~~¥e~i~t~~¥orthe probate of Wills and Granting Letters of Admin- istration,in and for said County,came . .................g~~.~.~.~!~.~~.~.<?~!.l:~.y.. who being qualified says that as ~~.~~g.~.:r..t~.9.:f ~.h~~.tlJ gJ'~~h~P.l!.B~&kn~.Y.. ...............................................................................................late of ~~~.~.~~~~!.P..!.1 ~~.~. deceased,you will well and truly administer the goods and chattels,rights and credits of said deceased according to law;and will diligently and faithfully regard,and well and truly comply with the pro- visions of the law relating to Inheritance Taxes.Thftt said testat Qr.. died on the l8.day of !l.a.nu.ar.y ,A.D.,'-l_~917 at 6 0'clock A.M. Sworn to and subscribed before me this 8"F b....................day of~e.:y:.-.. A.D.,lQlx...191? ..........HENRY...B.A T.ITT.E.RINGTQN . Register. .........RACHEL M HA.CKNEY . .. ELECTION OF WIDOW TO ACCEPT UNDER WILL. In the Orphans'Court of Fayette County. In the Matter of the Estate of Jehu D.Hackney,late of Luzerne Township,Fayette County,Pennsylvania,deceased. I,Rachae1 M.Hackney,widow of said Jehu D.Hackney,do hereby elect to accept the provisions of the will of my -said deceased husband and elect to accept the share of the Estate of my said deceased husband devised and bequeathed to me by his las.t Will and tes.tament, dated April 14th,\1910,with a codicil of same date.Said Will was probated February 8th,1917 and is registered in the Register's Office of Fayette Co.,Pa.,in Will Book No.19,page 410.( Witness my hand and seal this 30"day of Sept.A.D.1918. __RA_C_H_E.-.L.....;M_.~HA--'-C.....;K.....;NEY~__(Seal) To Rachae1 M.Hackney,executrix of Jehu D.Hackney, deceased. State of Pennsylvania,) County of Fayette.) SSe ,On this 30th day of Sept.A.D.1918,before me a Justice of the Peace in and for said County and State,personally came the above named Rachae1 M.Hackney,widow of Jehu D.Hackney,deceased,and acknowledged the foregoing election to accept the provisions of the Will of her said deceased husband to be her act and deed.and desires the same to be recorded as such. Witness my hand and official seal the day and year above written. N.J.BLEILEVENS J.of P.(SEAL) My Commission Expires First Monday in January 1920 State of Pennsylvania I :SS: Fayette County I Recorded on this 1"day of October 1918 in the Recorder's Office of said County in Agreement Book Vol.33 Page 363,Given under my hand and the seal of said office,the date above written. (RECORDER'S SEAL) State of Pennsylvania I.. Fayette County § H.C.HAYS Reco~ded on this 1st day of Oct.1918 in the Recorder's Office of 5C'~ said County in Deed Book Vol.401 Page 506,Given under my hand and the seal of said office,the date above written. (RECORDER'S SEAL) .. _.-;.;H;.:,•..-.;;;C..:;•.-;.;HA;;,;;.:;;;y,;;;S .Recorder