The 1789 Will of Andrew Marshall
Estate Number 131
Recorded in Register Book A, Page 159
Franklin County, Pennsylvania
In the name of God Amen.This sixth day of May in the year of our Lord one thousand Seven hundred and Eighty Eight; I, Andrew Marshall, of Hamilton township, Franklin County and State of Pennsylvania, being sick and weak in body but in perfect sound mind and memory, Thanks be given unto God; and Calling unto mind the mortality of my Body and knowing that it is appointed unto all men once to die, do make this my last Will and Testament. That is to say principally and first of all, I give and Recommend my Soul into the hands of Almighty God who gave it, and my Body I Recommend to the Earth to be buried in a Christian like and decent manner at the discretion of my Executors.And as touching Such worldly Estate wherewith it hath pleased God to bless me with in this life, I give, demise and dispose of the Same in the following Manner and form; viz., first of all, I will, order and allow that all my just debts and funeral Expenses be settled and fairly paid.
Imprimis: I give and Bequeath unto Mary, my beloved wife, one horse Creature and sadle, the horse Creature to be of her own Choice; likewise, one Milch Cow of her own Choice; likewise, one full third part of all the Residue and Remainder of my personal Estate; Also one full third part of all my Real Estate with the benefit of the whole Mansion house During her natural life or widowhood.
Item: I will order and allow that the remaining two thirds of my personal Estate be equally divided amongst my children viz. Joseph, William, Samuel, John, Katharine, Martha and Andrew, Share and Share Alike; likewise I will and allow that my youngest Son Andrew be kept, Schooled, Clothed and Maintained on the Interest arising from the two thirds of my Real Estate untill he attains to the age of fifteen years, at which time I order him to be put to a trade ,the trade to be of his own choice;
Item: I give and Bequeath unto my five sons, viz., Joseph, William, Samuel, John and Andrew, all my lands and tenements, subject to the legacies before and after mentioned, to them their heirs and assigns for Ever, to be divided Equally amongst them Share and Share alike;
Item: I will and ordain that my five Sons above Mentioned shall out of my Lands and Tenements above Mentioned pay unto Each of my daughters, viz., Katharine and Martha, the full sum of Thirty five pounds lawfull Current money of Pennsylvania, to be paid unto the said Katharine and Martha as soon as they severally attain to the age of twenty two years. But if a majority of my sons shall agree to sell my land after my Decease, I will, order and allow that the Interest of the one full third part of the principal of the purchase money arising from such sale shall be paid unto Mary, my beloved wife, yearly and Every year during her natural life or Widowhood; and the said purchase money arising from the sale of my land aforesaid shall be divided amongst my five sons above mentioned, according to their Respective share aforementioned.
And lastly, I Constitute, Make and Ordain Mary, my beloved wife, Executrix, and Joseph Marshall and William Marshall, my sons, Executors of this my last will and Testament; and I do hereby utterly Disallow Revoke and Dism___ all and Every other former Testaments, Wills, legacies and bequests and Executors by me or my Wife, before named, willed and bequeathed; Notifying and Confirming this and no other to be my last will and Testament. In witness whereof I have hereunto set my hand and seal the day and year above written.
Andrew Marshal(His signature)
Signed, Sealed, Published, pronounced and declared by the said Andrew Marshall as his last will and Testament, in the presence of us the subscribers.
On the 17th day of November 1789, George Matthews, James Matthews and James Matthews, the witnesses to the aforesaid writing appeared before me the Subscriber etc. and on their solemn oath reporteth and saith that they were personally present & saw & heard Andrew Marshal aforesaid sign seal & acknowledge himself the forgoing Instrument of writing as _____ his last will & Testament and that at the time of the doing thereof he the said Andrew was of sound & disposing mind memory & understanding to the best of their knowledge & belief and that the names signed thereto as witnesses is of their own hand writing done at the same time.
Signed and subscribed before me the date last aforesaid.
Edw. Crawford, Registrar
1)Mary Eaton Marshall died in Guernsey County, Ohio, in 1818. In August 2011, this is the basic information I have on the children named in this will:Joseph Marshall (perhaps 1767-1835; married to Isabella Patton; died in St. Clairsville, Belmont County, Ohio); William Marshall (living in 1808); Samuel Marshall (died before 1808); John Marshall (about 1761-1806; married to Catharina Truby Rohrer; moved from Greensburg, Westmoreland County, Pennsylvania to Lancaster, Fairfield County, Ohio in late 1805, where he and his wife died the next summer); Katharine Marshall Wilkey (still living in 1818); Martha Marshall (not named in her mother’s 1818 will); and Andrew Marshall (married to Margaret; lived in Belmont and Guernsey Counties, Ohio; died in Guernsey County in 1827).
2)Note that in his signature, he spelled his surname Marshal.
3)The Matthews family members who witnessed his will were his neighbors in Hamilton Township.
4)In this transcription, I’ve added punctuation and paragraphs, but have maintained the original spelling and capitalization.