Will of Jacob Stambaugh

In the name of God Amen I Jacob Stambach Senr of Paradise Township in the County of York and State of Pennsylvania being sick and weak in body but of a sound disposing mind, memory and understanding blessed be God for the same but considering the uncertainty of this transitory life do make and publish this my last will and testament in manner and from following to wit principally and first of all I commend my immortal sole into the hands of God who gave it and my body to the Earth to be buried in a decent and Christian like manner at the discretion of my Executors herein after named and as to such worldly Estate wherewith it has pleased God to bless me in the life I give and dispose of the same as follows.

Item, it is my will and I order and direct that all my just debts and funeral charges be paid off and discharged as soon as conveniently may be after me decease and further my will is that all the remainder of my personal estate and a certain lot or piece of woodland situate in Codorus Township York County and containing in the whole Nintee acres and one hundred and thirty perches more or less adjoining land of Peter Rigle and others when of no mention or bequeath is yet made that shall then all be sold and after all debts being paid then I give and bequeath all the remainder sum to my Children. Namely Philip, Jacob, John, Michael and Henry, Magdalena intermarried with David Danner, Catherine intermarried with George Hack, Sally, Elizabeth intermarried with John Boozel and Mary intermarried with Peter Stambach to be equally divided between them share and share alike and concerning my land that is to say my dwelling plantation whereon I now dwell situate in Paradise Township York County adjoining land of John Menges, John and Fredrick Bozel and others containing two hundred and eighty four acres and all owance as by the letters may more fully appear which said Land is divided into two tracts.

Item, I give and devise unto my son John Stambach to hold to him his heirs and assigns forever except a certain right hereinafter mentioned all that upper division of my land whereon he now liveth situate in Paradise Township York County aforesaid containing two hundred and eleven acres and one hundred and twenty perches and allowances adjoining lands aforesaid upon condition that he doth make or else sufficiently secure the following payments that is to say that he shall therefore pay and give out the sum of four thousand dollars lawful money of Pennsylvania and that to be paid in two hundred dollars payments that is to say yearly the sum of two hundred dollars till one of my children has ones the sum of four hundred dollars, then only the sum of one hundred and seventy one dollars forty two cents and so forth till all paid the beginning thereof to be made on the first day of June which will be in the year of our Lord one thousand eight hundred and twenty six and so yearly on the first day of June the sum of two hundred dollars till the aforesaid four thousand dollars all shall be paid the first payment to be paid to my son Philip Stambach and then the next after to my son Jacob Stambach and the next after to my daughter Magdalena intermarried with David Danner and the next after to my daughter Chatarine intermarried with George Hock and the next after to my daughter Sally and the next after to my daughter Elizabeth intermarried with John Boozel and the next after to my daughter Mary intermarried with Peter Stambach and then again to my son Philip and so on in rotation of age aforesaid all the aforesaid money to be paid to my two sons or to their bodily heirs and to my five daughters or to their bodily heirs in rotation aforesaid till paid to the meanings aforesaid and on making the said several payments aforesaid that then thereupon my said son John Stambach shall have and hold all my said land with the appurtenances thereunto belong in and that in and as full and ample manner to all interests and purpose as I the said Jacob Stambach the Elder in my life time held and enjoyed the same and that exonerated and discharged from all further claim and demand of all my other childrens to hold to him heirs and assigns forever.

Item, I give and devise unto my youngest son Henry Stambach to hold to him his heirs and assigns forever all that lower part of my land whereon he now liveth together with the mill situate as aforesaid containing eighty acres and allowance adjoining land of George Hoke, George Kapp, John Menges and then by the division line upon condition that he doth make or else sufficiently secure the following payments that is to say that he shall therefore pay and give out sum of three thousand eight hundred dollars lawful money of Pennsylvania and that to be paid in two hundred dollars payments that is to say yearly the sum of two hundred dollars and so forth till all paid the beginning thereof to be made on the first day of April which will be in the Year of our Lord One Thousand Eight hundred and twenty seven and so yearly on the first day of April the sum of two hundred dollars till all shall be paid the first payment to be paid to my son Philip Stambach or to his bodily heirs and the next after to my daughter Madgalena intermarried with David Danner or to her bodily heirs and the next after to my daughter Chatarine intermarried with George Hoke or to their bodily heirs and the next after to my daughter Sally or her bodily heirs and the next after to my daughter Elizabeth intermarried with John Boozel or to her bodily heirs and the next after to my daughter Mary intermarried with Peter Stambach or to here bodily heirs and again to my son Philip and so forth in rotation of age till they have once the sum is to pay each of them once the sum of four hundred dollars and the remainder to be divided in rotation as aforesaid and on making the said several payments aforesaid that then there upon my son Henry Stambach shall have and hold all my said land aforesaid and all the appurtenances thereunto belonging together with the mills and that in and as full and ample manner to all intents and purposes as I the said Jacob Stambach the Elder in my life time held and enjoyed the same and that exonerated and discharged from all further claim and demand of all my other childrens to hold to him his heirs and assigns forever and my will further is that my said son Henry Stambach shall have that piece of wood land which I have purchased or bought of Abraham Weber as by the letter may appear in Codorus Township York County containing six acres and sixty seven perches without a separate charge to him to hold to him his heirs and assigns forever.

Item, I give and bequeath unto my son Henry a full and lawful right in that other piece of land which I have devised unto my son John that he the said John Stambach his heirs and assigns or any other person or persons cannot and should not convey the water out of the old ditch but to let it go in the old ditch and concerning my other lands situate in Codorus township York County adjoining lands of Henry Stambach, Peter Helman, Peter Senft and others containing one hundred and twenty acres more or less.

Item, I give and bequeath unto my son Michael Stambach all the above described tract of land whereon he now liveth situate in Codorus township York County upon condition that he doth make or else sufficiently secure the following payments that is to say that he shall therefore pay and give out the sum of six hundred and thirty dollars lawful money of Pennsylvania and that to be paid in seventy dollars payments that is to say yearly the sum of seventy dollars payments and so forth till all paid the beginning thereof to be made on the first day of April which will be in the year of our Lord one thousand eight hundred and twenty six and so yearly on the first day of April the sum of seventy dollars till all paid the first payment to be paid to my son Philip Stamback or to his bodily heirs and the next after to my son Jacob Stambach or to his bodily heirs and the next after to my son John Stambach or to his bodily heirs and the next after to my daughter Magdalena intermarried with David Danner or to her bodily heirs and the next after to my daughter Chatarine intermarried with George Hoke or to her bodily heirs and the next to my daughter Elizabeth intermarried with John Boozel or to her bodily heirs and the next after to my daughter Sally or to her bodily heirs and the next after to my son Henry Stambach or to his heirs and the last payment to my daughter Mary intermarried with Peter Stambach or to her bodily heirs and on making the said several payments aforesaid that then thereupon my said son Michael Stambach shall have and hold all the said lands or plantation and all the appurtenances thereunto belonging and that in and as full and ample manner to all intent and purpose as I the said Jacob Stambach the Elder in my life time held and enjoyed the same and that exonerated and discharge from all further claim and demand of all my other children to hold to him his heirs and assigns forever.

Item, I give and bequeath unto my son Henry Stambach one waggon which he hath at present without a separate charge to him.

And lastly I do hereby nominate and appoint my son Michael Stambach and Henry Stambach executors of this my last will and testament hereby making null and void all other wills and wills by me heretofore made ratifying and confirming this and no other to be my last will and testament. In testimony whereof I Jacob Stambach have hereunto set my hand and seal the twentieth day of February in the Year of our Lord one thousand eight hundred and twenty six.

Jacob Stambach

Signed sealed published pronounced and declared by Jacob Stambach the above named testator as and for his last will and testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witness thereto.

Jacob Burkhart

Henry U Hoff

York County S.S. Before me Jacob B. Wentz Register for the probate of wills and granting letters of administration in and for said county in the state of Pennsylvania personally came Jacob Burchkart and Henry U. Hoff the two subscribing witnesses to the foregoing instrument of writing who on their solemn affirmations so severally say that they were personally present and saw and heard Jacob Stambach the testator in said instrument of writing named sign seal publish pronounce and declare said instrument of writing as and for his last will and testament and the said Jacob and Henry further say that the said Jacob Stambach at the time of doing the same several acts was of a sound and disposing mind memory and understanding to the best of their knowledge observation and belief and that they subscribed their names thereto as witnesses at his request in his presence and in the presence of each other at the same time affirmed and subscribed at the Registers Office at York the 28th day of February A.D. 1826.

_________________

OC Book P, pg. 133, Aug 9, 1827

Michael Stambach and Henry Stambach Executors of Jacob Stambach deceased, produced an account as settled by the Register of this County, whereby there appears to be a Balance in their hands of one Thousand five Hundred and Forty-three dollars and Twenty-eight cents, which the Court do hereby confirm.

OC Book R, pg. 446, Aug 5, 1834

Michael Stambach and Henry Stambach Executors of the last will of Jacob Stambach late of York county, deceased, by attorney, appeared in court and produced his acount of the administration of the estate of said Jacob Stambach duly settled and passed before the Register of York county, which account was on the 20th day of May last presented for confirmation and allowance, and referred to George A. Barnitz of Edward Chapin Esquires as auditors to examine the same, who now report that they examined said account and after deducting the expenses of this audit, find a balance in hands of said accountants of Two hundred seventy four dollars fifty six & a half cents. Which account and report thereon the court confirm and direct that the same may be filed.

OC Book R, pg. 451, Aug 5 1834

Michael Stambach and Henry Stambach Executor of the last will of Jacob Stambach late of York county deceased by attorney appeared in court and produced his account of the administration of the estate of Jacob Stambach duly settled and passed before the Register of York county which account was on the 20th day of May last presented for confirmation and allowance and referred to George A Barnitz & Edward Chapin Esquires as auditors to examine the same who now report that they examined said account and after deducting the expenses of this audit find a balance in hands of accountants of Two Hundred and seventy four dollars Fifty six & a half cents. Which account and report thereon the court confirm and order & direct that the same be entered of record and filed.