Daniel Weitzel, deceased - Will

File No. 7944

Probated: Feb 23, 1888

Letters of Administration c.t.a., granted to Emma Weitzel and Daniel W. Albright, on Feb 27, 1888.

The Last Will and Testament of Daniel Weitzel

I, Daniel Weitzel, of the City of Reading, in the County of Berks and State of Pennsylvania, being of sound mine, memory and understanding, do make and publish this my last will and testament, hereby revoking and making void all former wills by me at any time heretofore made.

First. – I direct that all my debts and funeral expenses to be paid as soon after my decease, as convenient.

Second. – I give and bequeath to my son John, the sum of Two Hundred Dollars ($200.).

Third. – I direct that none of my household goods and furniture be sold, but desire that my wife and children shall use the same in common, and after the death of my wife, when that is no longer practicable, my children shall make an amicable division thereof, amongst themselves.

I order and direct however, my Executor to sell my horses, carriages and stable equipment immediately after my decease.

All the rest, residue and remainder of my estate real, personal and mixed, whatsoever and wheresoever, I order and direct to be converted into money as soon as the same can conveniently be done at fair prices: the house in which I live, however, I desire shall not be sold as long as my wife lives, unless she and my children desire it to be sold, it being my wish that my wife and children shall live in my house rent free as long as my wife lives. After her death, if the house has not been sold during her lifetime, I direct that the same (unreadable) unsold as long as my children see proper to live in it; if at any time during the lifetime of my wife, my wife and children desire it to be sold, or if after the death of my wife, my children desire it to be sold, I direct my Executor to sell it and for that purpose, I do hereby authorize and empower my said Executor hereinafter named to sell and dispose of all my said real estate, either by public or private sale or sales for the best price or prices that can be obtained for the same, and by proper deed or deeds, conveyances or assurances in law, to be duly executed, acknowledged and perfected, to grant, convey and assure the same to the purchaser or purchasers thereof, in fee simple – and I suggest to my Executor that he dispose of the Ricktown properties first and when the whole of my residuary estate shall be converted into money as aforesaid, I give, devise and bequeath unto Cyrus Rick, Trustee, in trust, that he and his successor in the trust, shall put and place the same out of interest on good, real security, or in United States, State of Pennsylvania, City or County loans, and pay over the interest or income derived therefrom as follows:

First: - To my beloved wife the sum of Five Hundred Dollars ($500.) annually during her life, in two equal payments.

Second: - To divide the balance of the income and interest which shall be received, and after the death of my wife, the whole of the income or interest into five (5) equal shares, and pay one such share to each of my five children, viz.: Mary Jane, Emma, Fanny, Barbara and John, during each of their natural lives.

Third: - After the death of any of my children, the one-fifth of my residuary estate – subject to the provision for my wife as long as she lives – I give and bequeath to the children of such deceased child, share and share alike.

Fourth: - If any of my children shall die without leaving issue living at the time of his or her death, then subject to the provisions for my wife as long as she lives, I give and bequeath the one-fifth of my residuary estate to the surviving brother and sisters, their heirs and assign, in such way, however, that the heirs or representative of any deceased child shall, only take such share or shares as their parents respectively would have been entitled to receive, if then living.

I further order and direct and declare that the share of my son John is subject to this limitation and condition, that the income of his share as hereinbefore devised, and any other share to which he may be entitled, under this will, by reason of the death of any of his sisters, shall be for his own separate use, and shall not be liable in any form or way to the payment of debts, contracts or engagements of my son John.

I nominate and appoint my friend Cyrus Rick, Executor of this my last will and testament.

In Witness Whereof, I, Daniel Weitzel, the testator, have to this my last will and testament set my hand and seal, this nineteenth day of May, A. D. one thousand eight hundred and eighty-two (1882).

(Signed) Daniel Weitzel (SEAL)

Signed, sealed, Published and declared by the above named Daniel Weitzel as and for his last will and testament, in the presence of us, who have (unreadable) subscribed our names at his request as witnesses thereto, in the presence of the said testator and of each other.

(Signed) Geo. F. Baer

(Signed) Jeff Snyder

I made this Codicil to my will: - In consideration of the fact that my daughter Fanny H. Dresher lost a considerable sum of money by the failure of The Reading Savings Bank, I give and bequeath to her the sum of Twenty-five hundred dollars in addition to the shares bequeathed in my will. I also modify the directions to the sale of my horses and carriages: if my daughters desire to have and use them my Executor shall not sell them.

The clauses in my will providing for the sale of the dwelling house at the request or option of my wife and children, and after her death at the option of my children, I hereby modify as that wherever the work “children” occurs, the word “daughters” shall be instituted.

In witness whereof, I have hereunto set my hand and seal to this codicil, this seventh July 1885.

(Signed) Daniel Weitzel (Seal)

Signed, sealed, published,

(Signed) Geo. F. Bear

(Signed) Jeff Snyder