Last Will and Testament of Jesse Fitzgerald

Montgomery Co., PA
Will Book 11, pages 59/60
Dated: 11 February 1860
Proved & approved: 25 November 1863

In the name of God amen I, Jesse Fitzgerald, now of the City of Philadelphia in the State of Pennsylvania, being in reasonable good health and of sound mind or memory and understanding (thanks be to god for the same) But considering the uncertainty of this transitory life and being desirous to settle my worldly affairs whilst I have strength and capacity so to do, do make and publish this my last will and testament hereby revoking and making null all former wills by me at any time heretofore made, and first of all I commend my Immortal Soul 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 hereinafter named, and as to such worldly estate as it has pleased God to entrust me with, I dispose of the same as follows. First I direct that all my just debts and funeral expenses be paid and satisfied as soon after my decease as possible out of the first moneys that shall come into the hands of my Executors. And all the rest residue and remainder of my estate of whatever kind or nature, I order and direct to be divided into three equal parts or shares, and will the same thus: one of said one third parts or shares I give and bequeath to my daughter-in-law Mollie Fitzgerald, wife of my son Jesse Fitzgerald, In trust for the use of herself and her said husband Jesse for and during their joint lives and the life of the survivor of them, and upon the decease of such survivor, or in case of the marriage of the said Mollie if she should survive the said Jesse, all the remains or remainder of said third part if any there be, shall go to and be equally divided amongst the children of my said son Jesse, share and share alike, and I hereby will and direct my said Executors to assign, transfer and set over to the said Mollie Fitzgerald her executors administrators or assigns all Notes, Bonds and Mortgages or other securities which I may hold against my said son Jesse loaned to him to be received by her in payment or account of said share or third part so as aforesaid bequeathed to her in trust as aforesaid. One other of aforesaid equal third parts or shares I bequeath to my daughter Sophia, intermarried with Benjamin Hill, and to her heirs, and I hereby will and direct my Executors to assign, transfer and set over to my said daughter Sophia Hill her executors administrators or assigns all Notes, Bonds and Mortgages or other securities which I may hold against my said son-in-law Benjamin Hill for money loaned to be received by her in payment on account of said share or third part so as aforesaid bequeathed to her; and the other of said equal third parts or shares I give and bequeath to my daughter Abalonia, intermarried with Solomon M. Bunn, and to her heirs, and I do hereby will and direct my said Executors to assign, transfer and set over to my said daughter Abalonia Bunn her executors, administrators or assigns all Notes, Bonds, Mortgages or other securities which I may hold against my said son-in-law Solomon M. Bunn or on which he is in any manner liable or responsible in whole or in part for money loaned to be taken and received by her in payment on account of said share or third part so as aforesaid bequeathed to her. And lastly I do hereby make and ordain my son Jesse Fitzgerald and my two sons-in-law Benjamin Hill and Solomon M. Bunn executors of this my last will and testament, hereby giving them or the survivors of them full power and authority to do execute and perform the same. In witness whereof I Jesse Fitzgerald the testator have to this foregoing last will and testament set my hand and seal this Eleventh day of February in the year of our Lord one thousand eight hundred and Sixty.

Jesse Fitzgerald {Seal}

Signed, sealed and declared by the said Testator as and for his last will and testament in the presence of us.

Wm Rossiter & Adam Hurst

Montgomery County – ss

Personally appeared before me William Rossiter, one of the subscribing witnesses to the foregoing will who being duly affirmed according to law did depose and sat that he was present, saw and heard the said testator in said will named sign, seal, publish and declare the same to be his last will and testament and at the time of so doing he was of a sound mind, memory and understanding to the best of his knowledge and belief and that he signed as witness to the same at the request of said testator in his presence and in the presence of each other.

Wm. Rossiter

Affirmed and subscribed before me this 25th day of Nov. A.D. 1863

Chas. Hurst, Regstr

Montgomery County – ss

Personally appeared before me Adam Kneidler who being duly Qualified according to law did depose and say that he was well acquainted with the handwriting and signature of Adam Hurst one of the subscribing witnesses to the foregoing will and that he viewed the signature of the said Adam Hurst appended to the foregoing will and he believes the said signature to be genuine and the proper handwriting of the said Adam Hurst.

Adam Kneidler

Affirmed and subscribed before me this 25th day of Nov. 1863

Chas. Hurst, Reg.

Be it remembered that on the 25th day of Nov. 1863 the foregoing will of Jesse Fitzgerald, Late of Whitpain township, deceased, was duly proved and letters testamentary granted to Jesse Fitzgerald, Benjamin Hill & Solomon M. Bunn the executors in said will named they having first been duly sworn according to law.

Chas. Hurst, Reg.

Submitted by Jane.