Posted on: Wayne Co. Pa Wills Reply Here: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/Pa/WayneWill/10 Surname: BORTREE, CONSTABLE, DEPEW, NOBLE, QUINBY ------------------------- #943 - WILL and TESTAMENT of Thomas Bortree 2nd Page 208 I, Thomas Bortree 2nd of Salem Township, Wayne County and Commonwealth of Pennsylvania, being of sound and disposing mind and memory, and being desirous to settle my worldly affairs while I have strength and capacity, do make, publish and declare this my last Will and Testament, hereby revoking and making void all former wills by me as any time heretofore made and, First of all and principally, I submit my soul unto the hands of any Creator who gave it and to such worldly property it hath or may please the Lord to entrust me with, I order and dispose of as follows. To wit, First I Order and direct that all my debts, funeral expenses and all just charges touching the proving of or otherwise concerning this my Will, be paid and discharged. Second, in consideration of the esteem and ? I have of and the explicit confidence I have in the integrity of my dearly beloved, (Hima?), therefore, if she survives me I give and bequeath unto her the full right and privilege to retain for her own use and benefit out of the personal property, remaining payment of debts as before mentioned to the amount which she may deem needful and necessary for the maintenance and security from failure as decline or d? as Common law which ever she may elect, provided the election be made as soon after my demise as conveniently can be made, that my Executor may be prepared to execute the residue of my estate wherein after ordered and directed. Third, I give and bequeath unto my daughter, Esther Noble, the sum of four hundred dollars to be paid as hereinafter specified. Fourth, whereas my son Benjamin H. is indebted to me on an unsettled account something over three hundred dollars, Therefore I give and bequeath unto him the amount which he is indebted to me at this date and in addition thereto the further sum of one hundred dollars to be paid as hereinafter specified. Fifth, whereas I have made some advancement to my daughter Mary Depew, I therefore give and bequeath unto her the sum of two hundred and fifty dollars in addition thereto to be paid to her as hereinafter named. Sixth, whereas I have made advancement to my son S. L. (?) therefore give and bequeath to him out of the property, I leave at my decease the sum of two hundred dollars. Seventh, I give and bequeath to my daughter, Emeline Quinby, the sum of four hundred dollars to be as hereinafter directed. Eighth, I order and direct the aforesaid legacies to my sons and daughters to be paid to them respectively, by my executor as soon and as often as a sufficient sum comes into his hands to make it an object worth distributing. Debts I owe as aforesaid being first paid. Ninth, I give and bequeath unto my son Moses, the sum of four hundred dollars to be paid to him when he arrives at the age of twenty-five or as soon thereafter as may come into the hands of my executor in proportion to the payment made to any others. Legatus, Tenth, I give and bequeath unto my grandson George Constable, the sum of one hundred dollars to be paid to him when he arrives at the age of twenty-five years if he accepts of it and if he does not accept of it or does not live to that age, then I direct the sum to be paid to and be divided between my sons and daughters before named those and alike. Eleventh, if there should be a lack of assets to pay the aforesaid legacies, then I order and direct that they be paid proportionately to the several amounts bequeathed and if there should be a balance left in the hands of my executor then I order the same to be divided as aforesaid share and share alike. Twelfth, I nominate and appoint James VanCamp of Salem of Salem Township, Wayne County and the State of Pennsylvania, the Executor of this my last Will and Testament. In witness thereof I have herewith set my hand and seal the fifth day of January AD, one thousand eight hundred and fifty seven. Signed, sealed, published and declare, Thomas Bortree (seal) by the Said Testator, Thomas Bortree 2nd as and for his last Will and Testament in the presence of us who have hereunto subscribed our names as witnesses thereto in the presence of the said Testator and at his request and in the presence of each other. Wayne County, ? this day before me M. Regan Jr., Jno. H. Williams, Register for the probate of wills and Letters of Lyman Ames, Administration, personally came J. H. Williams, Lyman Ames, the ? witness to the above will who being duly sworn according to law, do say that they were present and saw and heard Thomas Bortree 2nd, the Testator, sign, seal ? pronounce and declare the foregoing instrument of writing as and for his last Will and Testament and that at the time of so doing he was of sound mind, memory and understanding to the best of their knowledge and belief. Witness my hand and official seal in Honesdale this 9th day of March 1864. M. Regan, Resgister ? to Wit. March 9th 1864 Letter of Administration have this day been given to James VanCamp, the Executor named in the above will. M. Regan, Register