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Doc. Nathaniel Giddings

Will Book “B”, p. 431

 

            I, Nathaniel Giddings, Physician of Pittston Township, Luzerne county, Pennsylvania, being of sound and disposing mind and memory and being desirous of disposing of my Real and Personal Estate, among my family and otherwise:  I hereby declare this my last Will and testament concerning the same, to Wit.-

            I devise three fourths of an acre of Land, situate upon the Easterly side of the main River toad leading through Pittston, to Thomas Y. Atherton and Eleazer A. Atherton and the survivor of them and the heirs of the survivor of them in trust for the use of the Pittston Baptist Church, said lot of land is to be located upon said road nearly opposite the present Presbyterian Church, but a little above, so as to include the two or three Apple trees standing near the road aforesaid, said lot is to be laid out ten rods wide upon said road and its side lines are to be at right angles with the road and extend back far enough to include three fourths of an acre, part of my lot number forty six in the certified township of Pittston, Containing Fifty three acres, one hundred and twenty perches or thereabouts, Certified to Jedediah Collins, wherever the said Pittston Baptist Church, or the members or government thereof, are desirous of building a Meeting House upon said three fourths of an acre, herby devised for their use then they shall have full and entire possession thereof for said purpose and so long as they shall use it for the purpose of a meeting House in which to worship Almighty God; and upon their desiring so to use it the said Thomas Y. Atherton and Eleazer A. Atherton, or the survivor of them, or their heirs of the survivor of them, shall if desired by the Officers of said Church, convey said lot of Land to them and their successors for the use aforesaid of said Church or to other trustees, designated by said Officers or their successors, for the use of said church aforesaid.  And I hereby authorize and empower them to convey they same, in such a manner as counsel learned in the Law shall deem best calculated to carry out my intention of enabling the members of said Baptist Church to enjoy the use and possession of the same for the purpose aforesaid .

            2nd It is my wish and desire that my well beloved wife Mary shall enjoy during her lifetime the convenience and pleasure of residing with either of my children she may at anytime choose, and for the purpose of furnishing her with an ample support during her natural life.  I hereby bequeath to her not only her personal clothing and paraphernalia, but such articles of furniture and beding as she may select from such as we have for her own personal convenience and comfort, and besides I hereby charge my Executors hereinafter named with the annual payment to her of the sum of One hundred and fifty Dollars in two payments of Seventy five Dollars each, to be made from the funds hereafter provided, annually on the first days of January and June of each year if she shall desire such payments to be made to her.

            3rd To the children now living of my son Nathaniel Giddings, and to those which may hereafter be born to him, I hereby devise (to all and each of them and to their heirs and assigns) to hold as tenants in common and not as joint tenants the following pieces and parcels of land, to wit:

            First.  All of that piece situated of the Easterly side of the road aforesaid in Pittston Township aforesaid referred to above as being certified to Jedediah Collins and as containing fifty three acres one hundred and twenty perches reserving however out of he same all tha tI have heretofore sold to others, and the aforesaid three fourths of an acre for such time as it may be used and occupied by said Church for the purpose herein before mentioned.

            Secondly.  All that certain Lot containing ten acres of Land or thereabouts situate in Pittston aforesaid, which I purchased of Ishmael Bennett & Wife, and hold their Deed for.

            And Thirdly, All that piece of Land Containing thirty five acres, three and a half perches or thereabouts, adjoining the above ten acres and which I purchased of Jedediah Collins and since have had patented to myself, the said, Nathaniel Giddings father to the said children, is nevertheless to have the entire possession and control of said three several pieces of land, or of any part thereof he may choose during his natural life, and the rents, issues an profits thereof, or any part thereof during his life, if he shall at any time desire or demand the same,  and it shall further to be in his power to release to his said children and their heirs and assigns all his right to the use, occupation, rents, issues and profits, of said Land or any part thereof and at any moment he may choose without the interfearance or control of any other person or persons whatever.

            4th I hereby devise to my son James L. Giddings his heirs and assigns the Lots of Land situate in Pittston aforesaid on which he now resided Containing One hundred Acres or thereabouts; together with all its appurtenances.

            5.  I hereby devise to the children of my daughter Louisa Decker, now living and here after born to bear, and to the heirs and assigns of said children, to hold as tenants in common all my right, title and interest in and to al that Lot of Land which I purchased of Peleg Alesworth, situate in Abington township, of this County, Containing One hundred acres or thereabouts; they or their parents for them to pay the purchase money yet due thereon, and to this end I herby reserve to the said Louisa, and to her husband, Stephen Decker, the full possession, occupation, rents, issues and profits thereof, during their natural lives, and the natural life of the survivor of them, and for the same purpose, I hereby release unto the said Stephen Decker all his indebtedness to me, except one Note which I hold against him of about fifty Dollars ort neat that Sum.

            6.  To the children of my daughter Frances McAlpin, I devise all of the Lot and half Lot situate in Pittston aforesaid, Containing together One hundred and fifty acres or thereabouts on which the said Francis and George McAlpin her husband lately resided, to have and to hold to the said Children their heirs and assigns as tenants in common, but I reserve the rents, issues and profits thereof, to be received, controlled and appropriated by him the said George or their other Guardians to their support and education, and he out of said rents, issues and profits is to be allowed a reasonable compensation, for their board, medicine, clothing and education, if they shall amount to so much, as each of said children shall arrive at the age of twenty-one.  He or she shall be entitled to her or his proportion of said land, that she or he may occupy the same as his or her own.

            7.  To my daughter Myra, I hereby devise my dwelling house and homestead Lot, containing five acres, situate in Pittston aforesaid, together with the other buildings thereon, and appurtenances thereto belonging, to have and to hold to her, her heirs and assigns in fee simple.

            8.  I hereby provide, and declare it to be my intention and will, that all the land herein before devised, shall be charge with the aforesaid Legacy, or annuity of One hundred and fifty Dollars per annum payable as aforesaid to my wife Mary, and the same is to remain a lien on said land during her natural life; the devises each and all of them, are to pay their proportions of said one hundred and fifty Dollars, according to a justly appraised value of said several portions of land. And I hereby authorize my Executors hereinafter named, or the Administrators of my Estate, if any shall be appointed to collect and pay over the same annually to my said wife, if she shall desire it, and I hereby require them to do so.

            9.  I hereby appoint my Sons Nathaniel and James L. Giddings my Executors of this my last Will and Testament: and I release to them and each of them and to George McAlpin all debts of whatever name or nature they may owe me and also upon further reflection the aforesaid Note of Fifty Dollars or thereabouts, is hereby released unto the said Stephen Decker.

            10. I hereby authorize and empower my said Executors ot the survivor of them to sell at Public or private Sale for the best price they can and properly to convey the same, all my other Real Estate not hereinafter devised, out of the proceeds of which they are to pay all my just debts and funeral expenses as well as the Cost of settling my Estate, All debts due me are to be collected, if not herein released, and the proceeds are to be applied as aforesaid, to the payment of my debts, including that of my Son James L. which I have assumed to Charles B. Drake and which when paid is not to be charged to my said Son.

            11. If any of the proceeds of the sale of said land is left after making then payment of debts, Cost of settlement and expenses mentioned it is to be divided equally between my said Executors, and if either of them die before said payments shall be all made, his portion thereof shall go to his Executor or Administrator to be disposed of as his other personal Estate.

            12.Such part of my personal Estate not hereinbefore bequeathed, as shall not be required to pay debts, cost and expenses aforesaid, is to be equally divided between my said Executors and my daughter Myra.

            13.  In dividing the remaining proceeds of the Sale of my Real Estate as mentioned in the eleventh article of this Will, regard is to be had to the relative value of my two portions of Real Estate devise to Nathaniel and James, and the remaining portion of said proceeds of Land Sales is to be so appropriated or divided as to make the property devised and bequeathed to those tow Sons equal in value if practicable, or as near to it as may be done with the amount aforesaid to be divided or appropriated.

            In testimony whereof I have hereunto set my hand and seal and herby declare and publish this my last Will and Testament (hereby revoking all others heretofore made) this twenty eight day of April Anno Domini one thousand and eight hundred and forty six.  The works “their survivors of “ on the first page, the words “the said” on the fourth page, and the word “with” on the sixth page being first erased, and the words “the said George” being first interlined on the fifth page being first interlined.

Nath. Giddings

            Witness present

                X                          ,V.L. Maxwell

Mark of Catherine Huffert

 

Codicil to the foregoing Will}

            I Nathaniel Giddings Physician of  Pittston, Luzerne County, Pennsylvania, being of sound disposing mind and memory, do make this Codicil to my last Will and Testament dated the 28 day of April 1846.  To Wit.

            In consideration of the death of my beloved wife Mary and of the other matters influencing me, I hereby bequeath out of my personal property to my daughter Myra, two Cows, to be selected by her, Also what Household furniture, beding  & shey may select from the same now in my possession; and my Executors are to pay her within one year after my decease, two hundred Dollars to enable her to build a House, or improve such as I may leave her.

            Having sold some of the land & devised to the children of my daughter Frances McAlpin they are to take what is left unsold, as provided in my said Will.  But with this difference; if any of said children shall die before they arrive at the age of twenty-one, or before they have children capable of inheriting the property bequeathed to them as aforesaid, then the share of those thus doing shall go to the survivors of the said children of Frances McAlpin.

            And I further direct and desire my Executors in case a Baptist Church shall be built upon the Lot of ground bequeathed for that purpose in my said Will, to pay to the builders thereof, towards the erection of the same five hundred Dollars, to paid out of the residue of my Estate, otherwise directed to be divided between said Executors.

            In testimony whereof I have hereunto set my hand and seal, and hereby declare and publish this as my codicil to my last Will and Testament aforesaid this fifteenth day of October in the year of our Lord one thousand eight hundred and forty nine.  The word “Land” being first interlined.

Nath. Giddings

Witness present

V. L. Maxwell,                 Wm. J. Barnum



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