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Transcription of the Will of John Brown senior
4/27/1823

? - indeciferable

Be it remembered that I John Brown of the township of Tredyffrin the county of Chester and state of Pennsylvania ? be far advanced in life and laboring under bodily weakness, yet through divine favour, of sound disposing mind and memory do think fit this twenty seventh day of April in the year of our Lord one thousand eight hundred and twenty three to make ordain and put in writing my last will and Testament. The which I do in the following manner and form. I do in the first place wish that all my just debts and funeral expenses to be fully paid and satisfied out of my Estate as soon as is convenient by way be after my decease, by my executors herein named.

I give and devise to my son John Brown for and during the turn of his natural life the following ? four lots or tracts of land, a part thereof being that where he now resides. Beginning at a corner adjoining land late the property of Jacob Vogdes and land of Thomas Walker, thence by said Walker’s land south 26½° east 113 perches to a corner or to the middle of Valley Creek, thence down the middle of the said Creek, the several courses thereof to the breast of the dam, thence ? the said creek and extending along a ditch now made, by the several courses thereof to the middle of a road leading across the said Creek, thence along the middle of the said Road towards the Creek, so far as to in a line with a post fence extending down the Creek, thence along the said fence, to where the Spring runs? From my son John’s dwelling crosses the said fence or where it empties into the Creek, thence down the middle of the Creek the several courses thereof to the line of the late Vogdes’s, thence South 62¾° West 49.8 perches to the place of the beginning Containing by computation 33 acres of land be the same more, or less. One other of the before mentioned lots Beginning at a corner adjoining Stephen’s land and land of William Davis esq. thence South 62¾° West 104.7 perches by Stephen’s land to a corner thence by land herein divided South 26½° East 60 perches to a corner and North 72¾° East 44.7 perches to a corner and South 24¾° East 33.5 perches and North 68½° East 13.5 perches, and North 39¾° East 62.3 perches to a line of William Davis’s land thence along the said Davis’s North 33° West 161.5 perches to the place of beginning containing by computation 69 acres of land be the same more or less.

And the following piece or lot of land situated in Tredyffrin aforesaid and bounded by lands of Hampton, Vanleer and David Wilson, containing 10 acres according to the description of a Deed of Conveyance for the same from John Christy to me be the same more or less And also one other lot of land being the same which I purchased from the Assignees of John Vodges, bounding on my other land, and land of Thomas Walker as described in their deed to me and containing 8 acres and 24 perches be the same more or less Together all and singular the Buildings, Improvements, Ways, Woods, Waters, Rights and liberties and five lodges, unto all and each of the 4 described lots or pieces of land belonging or in ? appertaining unto my son John Brown during the term of his natural life Subject to the payment of $600 to the Children of my daughter Mary Binkley ? that is to say the same of $400 to my grandson Thomas Binkley and $200 to my grandson Robert Binkley when they respectively arrive at the age of 21 years And after the decease of my son John Brown I give and Bequeath to my Daughter in law Rachel one third part of the profits or income of the aforesaid four lots or pieces of land ? and premises every year during the time she remains a widow or if my said son should die before the children are grown she shall after his debts are paid have the whole income of the land until the youngest child is of age provided the ? ? school and educate the children without any charge for their maintenance.

All the aforesaid 4 lots or pieces of land as described herein I give and devise after his ? to the lawful children of my said son John to be equally divided amongst them, and to their heirs and assigns forever subject never the less to the payment of such part or parts of the afforesaid sum of $400 reserved to my grandson Thomas Binkley and the sum of $200 to my grandson Robert Binkley by my son John during his life time as shall be unpaid at his demise and subject also to what is herein ? and given to their mother during her widowhood. I give and devise to my daughter Jane wife of Benjamin Evans during the term of her natural life the following described lands, Tenements, Hereditaments and Premises, that is to say All my Plantation whereon I now reside ? and bounded according to the lines describing the inner boundaries of the land herein bequeathed to my son John during the term of his natural life and devised after ? to his children and the other parts thereof according to the description given in the deeds by which I hold the same supposed to contain 110 acres of land be the same more or less subject to the payment of £700 for the use of my daughter Ann Wade during her lifetime and after her decease to go to her children.

And subject also to the payment of $200 to my grandson Robert Binkley and the sum of $400 to be paid to my grandson John Binkley to be paid as hereinafter described I also give and bequeath to my daughter Jane during the term of her natural life two other lots of land one of which I purchased from Jacob Richardson being situated in Merion Township Montgomery County bounded by land of Abijah Stephens and the Valley Forge tract containing 18 acres 140 perches of land be the same more or less. The other lot situate in Tredyffrin Township aforesaid which I purchased from Lydia Jones containing 8 acres of land be the same more or less with all the appurtenances to each of the said lots or pieces of land belonging or in any way appertaining Subject never the less to a proportionate part of the before mentioned ? sum of money.

And I order and direct that immediately after the decease of my daughter Jane Evans all the lands and tenements herein described and bequeathed to her during her natural life shall descend to her children. All of which I do give and devise unto them, to be divided amongst them in shares of equal value. Together with the Buildings, Improvements with the appurtenances therein belonging for the only proper use and ? of the children of my daughter Jane and their legal Representatives for ever and to their respective wives and assigns forever Subject to the payment of the before mentioned sum of £700 for the use of my daughter Ann Wade and for her children and subject also to the payment of the sum of $200 to my grandson Robert Binkley and $400 to my grandson John Binkley when they respectively attain the age of 21 years to be paid in each case agreeably to what is herein after expressed in case they shall not have been fully paid by my daughter Jane or her legal Representatives.

In order to carry out my intention into full effect I do hereby order and direct my daughter Jane to pay over into the hands of my trusty friend Matthew Roberts of Upper Merion Township Montgomery County in trust for the use of my daughter Ann Wade during her natural life as hereafter directed and after her decease for the use of her children, the aforesaid sum of £700 in the following manner that is to say £100 part thereof in one year after my decease and £100 per annum for the next 6 succeeding years with an interest until the times they are respectively made payable which sum or sums of money amounting to £700 I request him the said Matthew Roberts to place out on good security on interest which interest I direct and authorize him to my daughter Ann or to her order as the same shall arise and be paid into his hands yearly and every year during the term of her natural life. 

And immediately after the decease of my said daughter Ann I direct the principle sum of £700 to be paid over to the children of my daughter Ann in equal shares or to their guardians if they shall not have attained the age of 21 years.

Further statement

I give and bequeath to my 3 grandsons children of my daughter Mary Binkley ? To wit John Binkley the sum of $400 which sum I do order and direct my daughter Jane and her husband Benjamin Evans to pay to him when he attains the age of 21 years and in like manner I direct them to pay to his brother Robert $200 when he attains the age of 21.

I give and bequeath to him the said Robert Binkley the aforesaid $200 to be paid by my daughter Jane out of the land given to her and her children and I also give $200 reserved in the land left to my son John and his children which sum I direct my son John to pay him when he attains the age of 21 years.

I give and bequeath to my grandson Thomas Binkley the like sum of $400 which I direct my son John to pay him when he attains the age of 21 years agreeable to the reservations made in the land that I bequeathed to my said son John and daughter Jane.

I do hereby order and direct my son John to keep and provide for my grandson Thomas Binkley give him a reasonable portion of schooling and at the age of 16 put him to a good place to learn a trade.

I do order and order my son in law Benjamin Evans in like manner to keep and provide for John and Robert Binkley give each of them a reasonable portion of schooling and at the age of 16 respectively put them to good places to learn trades.

I do give and devise to my daughter Ann Wade for during the term of her natural life a tract of land situate in Crawford County near Presque Isle the title whereof is not yet completed and may require some trouble and ? The tract contains 424 acres of land which said land and premises I do give and devise after the death of my daughter Ann to her children in equal proportions to them and their heirs and assigns for ever.

Whereas the best limestone quarry is on that part of land left to my daughter Jane I do therefore grant to my son John and to his children and their heirs the privilege of building a lime kiln near the quarry and to quarry limestone burn the same and haul it away with free privilege of passing and repassing along the road leading there to for the purpose of hauling wood to the kiln for carrying and hauling the lime away provided that he and his children and their heirs shall keep and maintain one gate on the road leading thereto. And shall at all times when using the said road to shut the gates one of which shall be kept by those that occupy my daughter Jane’s part as that their creatures shall not pass into any inclosure where they should not.

And if my son John or his children or either of them shall choose to build a mill on Valley Creek I do hereby give him the privilege and them also of widening the ditch that is now dug for a watercourse ? on the side next to my daughter Jane’s land and ? depth as will accommodate a mill and to continue to repair the same for ever.

And whereas there are 2 water courses from the dam in Valley Creek for watering meadow on the farm herein given to my son John and his children and to my daughter Jane and her children and in order to prevent any dispute I do order and direct that each of the said farms shall have the water by turns that is to say that each shall have the whole of the water 3 days in each week.

I give and bequeath to my daughter Jane my eight day clock my writing desk and her mother’s case of drawers. I also give her one half of my silver plate the same to be appraised and equally divided between her and my daughter Ann Wade or if Jane shall choose to keep the whole she may do so, paying her sister Ann the appraised value of one half thereof.

I give and bequeath to my son in law Benjamin Evans my new saddle and bridle. I give and bequeath to my son John my wearing apparel.

I give and bequeath to my grandson John Brown the son of my son John the sum of £10when he attains the age of 21 years and in case of his death under age I direct that the same shall be equally divided between the surviving children of my son John.

Whereas I have given to my daughter Jane some articles of furniture I do therefore give to my daughter Ann Wade the sum of £25 to be paid out of my estate in 18 months after my demise.

I give and bequeath to my grand daughter Ann Evans when she attains the age of 18 years the sum of £10. If she should not live to that age the same shall be equally divided between the surviving children of my daughter Jane.

I give and bequeath to my son in law John Binkley senior the sum of $1. Altho I have in this my last will directed the payment of $400 to each of my 3 grandsons the children of my daughter Mary Binkley when they respectively arrive at the age of 21 years, yet on reconsideration the matter and apprehending that their judgments may not be ripe enough to make the best use of it at that age I now order and direct that the interest of their respective legacies shall be paid to them from the ? they arrive to the age of 21 years until they are ready to marry or settle in some useful trade or business provided never the less that the time for the payment of the principle shall not be extended further than until they arrive at the age of 24 years respectively.

I give and bequeath to my son John and my son in law Benjamin Evans all the ? of my estate to be equally divided between them. And I do hereby constitute and appoint them executors of this my last will and testament and I do appoint my friend