LAST WILL AND TESTAMENT
of
ALEXANDER M. MCCLURE
| Will Book 1 Page 16(bottom)
Last will and testament of A.M. McClure of Big Run, Jefferson Co.,
Pa. I. I give, bequeath and devise to my wife Harriet McClure on the conditions hereinafter named, the dwelling house and outbuildings, being the property on where we now reside and the eight acres of land on where the which the same is situated being that part of the land connected with the house laying south of the Big Mahoning Creek , also the small (Will Book 1 Page 17) garden lot embracing about sixty by one hundred feet on the North side of the Main Street, opposite to my said residence all in the Borough of Big Run Jefferson County, Pennsylvania as long as she remains my widow and if she should not remarry but die my widow, this estate therein shall pass and be to her and her heirs and designs forever as though the above condition had not been made, but if she remarry, then the said land and estate shall revert to my general estate and be disposed of as the balance of my real estate, as hereafter mentioned and not specifically divided. I also give and bequeath to my said wife Harriet McClure on the same terms and conditions as to marriage or remarriage all the household and kitchen furniture, carpets, beds and bedding, dishes, furniture and housekeeping utensils of every kind in said dwelling house, where I now reside and outbuildings belonging to me at my death and should they be her remarriage revert to my estate they are to be disposed of as the balance of my not specifically bequeathed personal property. Also, I direct that there shall be paid to my said wife Harriet McClure the sum of three hundred dollars regularly and annually each year so long a she lives and remains my widow, to be paid semi-annually and terminate in the event of her remarriage or death. II. I give, devise and bequeath to my son, Andrew F. McClure, absolutely, and his heirs or assigns forever the farm on which he now resides, situated in Miffin Township, Allegheny County, State of Pennsylvania, containing one hundred and twenty-five acres, more or less, know as the "old homestead farm", and now occupied by him, and also all of the live stock, horses, wagons, farming utensils, and household and kitchen furniture on the said place or in the old mansion house, except one bed and bedding in the south west room, always occupied by me when at the old home, and known as my private or reserved room. III. I give, devise, and bequeath to my son, John M. McClure, absolutely and to his heirs or assigns forever, the house and lot in Big Run Borough, Jefferson County, State of Pennsylvania now occupied by Joseph Cochran, bounded on the south side by Main Street, on the north by B. R.& P. Railroad and on the east and west by other lands belonging to me. I also give, devises and bequeath to him the said John M. McClure and to his heirs and assigns with the condition hereinafter (Will Book 1 Page 18) specified, that certain house and lot in Big Run Borough, Jefferson County, Pennsylvania on Church Street, now occupied by Rev. Massy, Baptist Minister, bounded on the north by the land, on the south by the land John Extrom, west by my land and east by Church Street on which it fronts, and also along with the three acres of land adjoining this house and lot last mentioned being the balance of the field in which the house and lot are located, and also the sum of five thousand dollars. This last mentioned house and lot occupied by Rev. Massy and the three acres connected with it and the five thousand dollars are subject, nevertheless, to the condition that he will not marry Effey Groffins, and if he does marry her the said bequest mentioned as conditional shall pass or revert to my general estate as if not therein specifically devised. However, I limit the condition so that if he remains unmarried for five years after my death or marries any one else, that at the end of five years, or at the time he shall marry any one else, this condition shall be void and the title absolute, and the money paid, or should he die unmarried within the five years the title and money shall be absolute and payable to his heirs. Also, I give and bequeath to my son, John M. McClure and my son, Andrew F. McClure equally the purchase money payable to me from the sale of Andrew F. McClure of the farm in Miffin Township, Allegheny County, Pennsylvania, known as the "McKee and Whigam farm", containing fifty acres more or less, this means whatever is upon on same at my death. IV. I give and devise to my daughter, Lovern C. Barrelle absolutely to her and her heirs and assigns forever the house and lot on which she now, situated in the Borough of Big Run, Jefferson County, Pennsylvania, bounded on the south by Main Street, on the north by the B. R. & P. Railroad, and on the east and west by other lands belonging to me. Also, the house and lot in Big Run Borough, Jefferson County, Pennsylvania, which lies north of the B. R. and P. Railroad, bounded on the south by said railroad, north by land, and east and west by my land being fifty feet front and running back one hundred feet and the new house erected but not yet occupied. Will Book 1 Page 19 V. I give, devise, and bequeath to my daughter, Susan M. McClure, to her and her heirs and assigns forever absolutely that house and lot in the Borough of Big Run, Jefferson County, Pennsylvania, now occupied by D. J. Pifer known as the "Restaurant property", bounded on the south by Main Street, on the north by B. R. & P. Railroad depot land, on the west by ?foundry? lot, on the east by a street, also the bed and bedding in the old Mansion House in Miffin Township in Allegheny County, reserved in my bequest to Andrew F. McClure. VI. I give and devise to my daughter, Nora D. Thomas, absolutely to her and her heirs and assigns forever, the house, buildings, and lot situated in the Borough of Big Run, Jefferson County, Pennsylvania, now occupied by the Times Newspaper as a printing office, bounded on the south by Main Street, on the north by B. R. & P. Railroad, on the east by my land, and on the west by lot of J.B. Beams. VII. I give and devise to my daughter, Hannah Jane Patterson, of McKeesport, Pennsylvania, absolutely and to her and her heirs and assigns forever all that house and lot in the Borough of Big Run, Jefferson County, Pennsylvania, now occupied by Freeman Williams, the barber, bounded on the south side by Main Street, on the north by the B. R. & P Railroad, on the east by Hotel McClure property, and on the west by lot devised above to John M. McClure. VIII. I give and devised to my daughter, Emma L. Tyson, absolutely, to her and her heirs and assigns forever, that house and lot in the Borough of Big Run, Jefferson County, Pennsylvania. Bounded on the south by Main Street, on the north by the B. R. & P. Railroad, on the west by the Time printing office lot, on the east by lot of I. Groffins. IX. I give and devise to my daughter, Josephine E. Seifert, absolutely to her and her heirs and assigns forever, that house and lot situated in the Borough of Big Run, Jefferson County, State of Pennsylvania now occupied by Freeman Williams and fronting on Main Street, Bounded on the north by Main Street, south by my land, east by house and lot of mine now occupied by Shankey, and on the west by a lot of Campbell family of Samuel Gray. X. I give and devise to my daughter, Sarah Bell Stuckslayer of McKeesport, Pa. to her and her heirs and assigns forever absolutely that certain house and lot in Borough of Big Run, Jefferson County, Pennsylvania, now occupied by Israel Graffius bounded on the south by Main Street (Will Book 1 Page 20) on the north by the B.R. & P. Railroad, and on the east and west by other lands of mine. XI. I give and devise to Andrew McClure, a son of present wife, Harriet McClure, she being my second wife to him and his heirs and assigns forever the farm in Henderson Township, Jefferson County, Pennsylvania, known as the "Frantz farm" containing ninety five acres of land, more or less, being the same land now occupied by Charles Halowell also the old hotel property know as "The McClure House" and the orchard connected with the same containing in all about one acre and fronting on Main Street, bounded south by Main Street, west by the Reynoldsville Road, east by my land, and north by land McClure. Also, I give and bequeath to him the entire stock of goods and groceries which at the time of my death may be in my store at Big Run, Jefferson County, Pennsylvania. Also, I give and bequeath to him the sum of one thousand dollars to be paid within or at one year after my death. XII. I give and devise to Joseph McClure, a son by my present wife, Harriet McClure, to him and his heirs and assigns forever that certain tract of piece of land in Henderson Township, Jefferson County, Pennsylvania known as the "James Yohe farm" and now occupied by Phillip Gearhart. Also that house and lot in the Borough of Big Run, Jefferson County, Pennsylvania opposite Zufalls fronting on Main Street, bounded south by Main Street, north by Miller and Irvin's land, east by lands of Lyons, and west by land of Zufall. XIII. I order and direct that all of my accounts, notes, bonds, judgments, and all of my other personal property, not herein specifically bequeathed, be converted into money and for this purpose I direct my executors or trustees to collect the same or where sale is necessary to settle same at public or private sale as my executors and trustees shall deem most advantageous and this together with all money left over and above all debts and expenses legal and proper to be paid, I bequeath and direct to be divided and share and share alike, to and among the following __eight of my children, Hannah J. Patterson, Josephine E. Seifert, Sarah Bell Stuckslayer, Susan M. McClure, __________?)(Will Book 1 Page 21)John M. McClure, Nora D. Thomas, and Emma L. Tyson. XIV. As to all my real estate or interests in real estate I may own at the time of my decease not specific devised to any one herein, located in the states of Pennsylvania, Illinois, Kentucky, or any where else in any country, state, or territory. I devise to my trustee. W. T. Stewart hereinafter named in trust for purposes and persons hereinafter mentioned and (?ordered?) to hold the same unsold and undisposed of for the space of ten years after my decease, and to be managed by my trustee for the benefit of my estate and the proceeds after deducting expenses and whatever may be required to carry out the bequests of my wife herein set forth shall by my trustee divided equally between the following named eight of my children. John M. McClure, Lovern C. Barrelle, Susan M. McClure, Nora D. Thomas, Hannah J. Patterson, Josephine E. Seifert, Sarah Bell Stuckslayer, and Emma L. Tyson, and I order and direct that after ten years from my death that my trustee shall convert all of my said real estate in this section mentioned or embraced in its term into money and for this purpose I do hereby authorize, empower, and direct my said trustee to sell and dispose (?___?) of said real estate either at public or private sale or sales for the best price or prices that can be gotten for the same, and by proper deed or deeds, conveyances or assurances in the law to be duly executed, acknowledged, and delivered to grant, convey, and assure the same to the purchaser or purchasers thereof in fee simple and I will and direct that the proceeds thereof shall be divided equally between my said eight children, John M. McClure, Lovern C. Barrelle, Susan M. McClure, Nora D. Thomas, Hannah J. Patterson, Josephine E. Seifert, Sarah Bell Stuckslager, Emma L. Tyson, or their heirs, and I direct that said children nor any or them shall wave or attempt to waive said trust but shall take as I have hereby directed. I direct, however, that the money be paid annually to my wife to be paid out of the proceeds, rents, or profits of said real estate, and if sold before her death a sufficient amount shall be (?___?) held in reserve, so that the interest will (?_______________?)(BOTTOM LINE MISSING)Will Book 1 Page 22 from said real estate will not pay the taxes and the three hundred dollars annually to my wife the same shall be raised by a public or private sale of a sufficient amount of lumber, coal, or land to pay the deficiencies, and the surplus shall be divided among the eight of my children, last above named. I further direct that the real estate which I have in Rock Island, Illinois, may be sold at public or private sale by my trustee in the manner above directed for the sale of real estate at any time, without waiting for the ten years to expire as above mentioned, and deed to be made as above directed. XV. I direct that if collateral inheritance tax must be paid on the devise to Andrew and Joseph McClure, the same shall be paid out of the general funds of the estate. XVI. All personal property specifically bequeathed herein may be delivered to the persons to whom this the same is bequeathed without appraisement or schedule filed on their giving a receipt for same. Also, all the personal property bequeathed to my wife on conditions as above set forth shall be delivered to her without appraisement, and she shall not be required to give bond or security for the same. XVII. Provided always and I do declare my will to be that if any person or persons to whom any estate is given by this will or interest therein whatsoever shall in any court of law or equity controvert, dispute, or call in question this will, or attempt to do so or enter any contest of the same or any of its provisions, any bequest or devise to said person or persons herein shall cease, determine and be void as if not made any such person or persons shall only (?___?) the sum of five dollars out of my estate and no more real or personal and what I have left to my wife, Harriet McClure, is to be in lieu of widows three hundred dollars lower and (?___?) and if she does not accept under the provisions of this will, but claims differently the instate laws legacies and bequests to her herein shall cease and be void as if not made at all and the same shall go into the general estate as if not made (Will Book 1 Page 23) or specifically bequeathed. XVIII. I further direct and desire that after my death that I be buried in Big Run, Pennsylvania on my lands and if I do not build a vault in my lifetime, I direct a family vault to be built out of my estate funds not to exceed in cost ten thousand dollars and be erected on the point of the hill back of the railroad depot, and I give devise and set apart around the same for public use as a cemetery forever eight acres of land on top of the hill around said vault to be run off and marked or stated by my executor and (?___?) or the surveyor of them and out of this one acre shall be marked off and designated around said vault to be forever kept and maintained as a family burying lot for myself and family. This lot of seven acres remaining shall be controlled by my executors and trustee and the survivor or successor of them who shall be in power to lay out and sell lots in the manner of an incorporated cemetery and all interests shall be under their control and the proceeds of said lots so sold shall be used to care for and (?___? ?___? ?___?) and the executors, trustee or survivor of the (?___?) this successor of the executors shall make deeds for said cemetery lots and if at any time my estate shall cease to have any executor or trustee the eight children or the heirs of them who would otherwise take the land as above shown may deed the named cemetery lot to a company or to the public for the cemetery to bury the dead for all time to come. I do hereby make constitute and appoint, James E. Patterson, my son-in-law, and J. M. McClure, my son, the executors of this my last will and testament, and I hereby make, constitute, and appoint W.F. Stewart, attorney at law, Brookville, Pa., the trustee mentioned and for the purpose above set forth to carry out and execute this my last will and testament written on four pieces of paper. In witness whereof I have hereunto set my hand and seal this 6th day of March, A.D. 1893, and I further direct W.F. Stewart shall be attorney for my estate when the services of an attorney are required. A.M. McClure(?___?) Signed, sealed, published and declared by the same Will Book 1 Page 24 A.M. McClure 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 subscribed our names as witnesses thereto this 6th day of March A.D. 1893. the last line concerning the appointment of an attorney was added before signed at the request of testator. G. K. Deep Recorded in Jefferson County, County of Jefferson (?___?) personally appeared before me, John S. Barr, Register of Wills (?___?) in and for said county, G. K. Deep, John Extrom, W.F. Stewart, the subscribing witnesses to the above and foregoing last will and testament of A.M. McClure. Who being duly sworn according to law (?doth?) depose and say they were personally present and saw the said A.M. McClure sign his last will and testament and that at the time of signing he was of sound mind, memory, and understanding to the best of their knowledge and belief. Sworn and subscribed before me this 2nd day of November, A.D. 1896. John S. Barr, Register G. K. Deep Estate of A.M. McClure, late of the [No. 68 of 1896, Registers Docket, Borough of Big Run, Jefferson County, Pa. [No. 3, page 24?. And now December ?th, 1896, W.F. Stewart, the Trustee of the real estate of said decedent, as mentioned in the last will and testament of A.M. McClure, deceased, hereby accepts the said trust. W.F. Stewart, Trustee. In the matter of the estate of A.M. McClure in this the late of the Borough of Big Run [orphan's court Jefferson County, Penns, deceased [of Jefferson County Big Run, Pa. November 26, 1896. I, Harriet McClure, widow of said A.M. McClure, deceased certify that I have read the last will and testament and I agree to accept under the provisions of said will of A.M. McClure and request the estate to be settled on that basis. To J. S. Barr, Register (Will Book 1 Page 25) Copy of Docket Entry in Register's Docket No. 3 page 245-Estate [November 27th 1896, Affidavit filed that A.M. of [late of Big Run Borough died on Monday, the Alexander M. McClure [23rd day of November, A.D. 1896, about 2:30 o'clock A.M. Same day acceptance of Harriet McClure , widow, under will filed, same day last will and testament of A.M. McClure proven and recorded and letters testamentary issued to James E. Patterson and John M. McClure, the executors named in will under my hand. John S. Barr December 22nd, 1896. Inventory and appointment list filed amount to $81,148.72. December 14th, 1896, acceptance of trust by W.F. Stewart, esq. filed Commonwealth of Pennsylvania County of Jefferson S.S. I, John D. Evans, Register of wills in and for said county, do hereby certify that the foregoing instrument true and correct copy of the last will and testament of A.M. McClure, late of the Borough of Big Run, County of Jefferson and State of Pennsylvania, deceased, as the same remains of record in the said office and recorded in will Book Vol. 2, page 461. In testimony whereof I have hereunto set my hand and affixed the seal of said office this 6th day of January, A.D. 1902. John D. Evans Commonwealth of Pennsylvania Jefferson County ]S.S.- I, John W. Reed, President Judge of the fifty fourth judicial district, composed of the County of Jefferson and by virtue thereof President Court of the Common Pleas Orphan's Court of (?Dyer?) and (?_________________?) certify that John D. Evans (Will Book 1 Page 26) by whom the annexed recorded certificate and attestation of the last will and testament of A. M. McClure, deceased were made and given and who in his own proper handwriting thereunto subscribed his name and affixed the seal of the Register of wills in and for said County of Jefferson, in the Commonwealth of Pennsylvania duly commissioned and qualified, to all of whose acts as such full faith and credit are and ought to be given as well in Courts of Judicature or elsewhere, and that the said record, certificate, and attestation are in due form of consent made by the proper officer. John W. Reed, President Judge Jefferson County S.S.: I, C. H. Blood, Prothonotary of the Court of Common Pleas in and for the said county, do certify that the Honorable John W. Reed, by who the foregoing attestation was made and who has thereto subscribed his name was at the time of making thereof and still is President Judge of the Court of Common Pleas, Orphans Court, Court (?___? ?___?) and general (Jail) Delivery, and Court of Quarter Sessions of the Peace in and for said County, duly commissioned and qualified to all whose acts as such full faith and credit are and ought to be given as (?___?) Courts of Judicature or elsewhere. In testimony whereof I have hereunto set my hand and affixed the seal of said court this 7th day January A.D. 1902 Cyrus H. Blood, Prothonotary State of Kentucky] County of Knott ]S.S. I, R. H. Amburgey, Clerk of the County Court for the county and state aforesaid, certify that the foregoing is a full, true, and correct copy of the last will and testament of A.M. McClure, late of the Borough of Big Run, County of Jefferson, and State of Pennsylvania, deceased (?________?) (Will Book 1 Page 27) same remains for record in the said office and recorded in Will Book Vol. 1, Page 16. In testimony whereof , I have hereunto set my hand and seal this 31st day of October, A.D. 1902. R. H. Amburgey, CKCC KNOTT COUNTY WILL BOOK 1 PGS 16-27 |