Tobias McAllister of Rye Twp had a son Daniel.... who was not 21 in 1795.... This will is not in the archives as yet..... just got it..... Wills: Tobias McAllister, 1795, Rye Twp, Cumberland County, PA Contributed for use in USGenweb Archives by Beryl Meehan bmeeh1@hotmail.com Written June 15, 1795. Proven July 25, 1795. Last Will and Testament of Tobias McAllister, deceased E.348. Page 326, part 2 on LDS film 12206. In the name of God Amen. Be it remembered that I, Tobias McAllister, of Rye Twp, Cumberland County and state of Pennsylvania, yeoman, being very sick and weak of body but of sound and disposing mind and memory, thanks be to God therefore calling to mind the mortality of my body and knowing that it is appointed for all men once to die, I do make and ordain this my last will and testament in the manner and form following, that is to say, I recommend my soul unto the hands of Almighty God who gave it and my body to a decent and Christian burial at the discretion of my executors herein after named and as touching and concerning such worldly estate as it shall please God and bless me both at the time of my decease. I give and bequeath the same as followeth: 1st of all it is my will and I do order that all my just debts and funeral charges be fully paid and satisfied as soon as convenient after my decease. Imprimis I give and bequeath to my dearly and well beloved wife Hesther McAllister for the and during her term of her widowhood, the one third part my moveable property and one part of the profits and issues of the plantation whereon I now dwell being the plantation I purchased of Jacob Towson, situate in the township, county and state aforesaid to have and hold the said profits unto her my said wife during her widowhood, provided she commit no waste or devastation on the said premises and moreover to have her bed and bed clothes and wearing apparel in full and I do also bequeath to my sister Mary McAllister the sum of one pound ten shillings and five bushels of wheat to be to her yearly during her natural life but of the profits and issues of the aforesaid plantation of land and moreover to be buried decently at the expense of the said plantation - after her death of need to require it, that is to say, if she is not possessed of so much worldly substance as would defray the expenses of her burial and I do also bequeath unto James Donnelly, eldest son of my wife Hesther by her former husband, the sum of ten pounds tp be paid unto the said James Donnelly - after the term of ten years after the date hereof and the remainder of all and every part of my real and personal property after the aforementioned debts and legacies are paid. I do hereby bequeath unto my son Samuel McAllister to the proper use and behoof of him forever, nevertheless be it provided that if my son Daniel McAllister should happen to died without lawful issue or before he attains the age of 21 years then it is my will that all and every part and parcel of the property which I now bequeath to him shall be equally divided between my wife Hesther and my sister Mary McAllister, that is to say share and share alike after their decease to the nearest heirs. And I nominate constitute and appoint Samuel Deane and James Devin my trusty and loving friends both of Tyrone Twp to be executors of this my last will and testament hereby revoking and making void all and every former will in witness and confirmation thereof I have set my hand and seal this 15th day of June year of our Lord seventeen hundred and ninety five. Signed sealed published and pronounced by the within Tobias McAllister to be his last will and testament in the presence of us the subscribers, John Dea, James Cunningham, John Connelly, Tobias (his X mark) McAllister (seal). Be it remembered that on the 25th day of July in the year of our Lord 1795 the last will and testament of Tobias McAllister, deceased, was legally proven of which the foregoing is a true copy and this testamentary issued to Samuel Deane and James Devin executors herein named on the 21st August 1795. Inventory etc etc. Witness my hand William Lyon, Register. _______________