THE LAST WILL AND TESTAMENT
OF
PETER ZORGER



Item first; It is my will and I do order that all my just debts and funeral expenses be duly paid and satisfied as soon as conveniently after my death.

Item second; I give and bequeath unto my dear wife Catharine all articles of household and kitchen furniture for her use, as long as she may live, and after her death the same shall be sold by my Executors and the proceeds after deducting expenses equally divided among my eight children or their legal heirs and representatives, and further I bequeath unto my dear wife Catharine the interest of three thoudand dollars in the following manner. That is the interest of the one half of said sum, which if fifteen hundred dollars, the first year after my death, and the interest of the said three thousand dollars, the second year after my death and thereafter annually during her life, and after her death the said sum of three thousand dollars to fall back into my estate, and my executors to distribute the same under the residuary clause of the will among my eight children, or their heirs.

Item third; I give and bequeath unto my son Barnhart or his heirs, or legal representative, my three lots of ground with the buildings and improvements thereto belonging or in anywise appertaining or which I now occupy situate in the aforesaid village and township and County and State, likewise, twelve acres of land more or less; commonly called the Miller and Wire tract, with improvements, situated on the banks of the Big Conewago Creek, in the aforesaid County, adjoining land of Solomon Toomy, Henry S. Bear, and others. The said Barnhart or his heirs is to have, over and above, their equal or undivided share of my Estate for the following reasons, He being the only surviving son, and is to take care of me and my wife, as long as either, shall live and according to a specified article of agreement made between us on the eighth day of May, AD, 1866, and further I do hereby authorize and empower my Executors to execute a deed of Conveyance for the same after our death as well and sufficiently as I could have done during life, and after all debts and bequeaths as aforesaid, are duly satisfied the balance or residue of my Real and personal Estate of whatsoever kind or nature the same may be shall be equally divided among my eight children, or heirs, sons and daughters, namely: Henry, Peter, Jesse, and Barnhart, the three first named being deceased, Leah, Diana, Sally and Lydia, the three last named being deceased, or their Heirs or the legal representatives, first deducting their respective advancements as the same stands charged against them by Note or otherwise in my little yellow covered book, charged and endorsed by my own handwriting. Leah, being intermarried to Philip Shindle, Diana deceased, intermarried to Jacob Diehl, Lydia deceased, intermarried to Andrew Rupert, Sally deceased, intermarried to Daniel Schroll, their heirs or the surviving ones, to be equally divided, or in other words, share and share, alike, and in reference to Lydia Rupert, deceased heirs Andrew Rupert, shall receive the benefit of said heirs money, by giving his note for the same until the heirs attain the age of twenty-one years, so that said heirs may release, my Executors, and in reference to my other sons and daughters deceased heirs, they shall have Guardians appointed by the Court for all the minors entitled to any of these legacies or bequeaths, as aforesaid, to receive their respective shares, so that my Executors shall have ample and sufficient releases for all before they shall be obliged to pay their proportioned shares. And further I do hereby authorize and empower my Executors to Make good and lawful conveyances for all the real estate they may sell; and sell the same to the best possible advantage, and I hereby direct my Executors to sell at Public sale all my real estate not hereinbefore specifically devised, and that the proceeds thereof, after setting aside from personal estate, not herein before specified, bequeathed and from proceeds of sale of Real Estate, the said trust fund of three thousand dollars shall be deducted under and according to residuary clause of this my will.

And lastly and finally I nominate, constitute and appoint, my son Barnhart Zorger and Jacob Diehl to be my sole Executors of this my last Will and Testament, hereby revoking all former or other Wills and legacies or bequeaths by me heretofore made, and declare and declaring this and no other to be my last Will and Testament. In witness whereof Ii have hereunto set my sand and seal this Eleventh day of April AD, 1868. Signed, sealed, published and declared by the said Testator, as and for his last Will and Testament in the presence of us, who, in his presence and at his request, and in the presence of each other, have subscribed our names as witnesses thereto. York County, SS.

Before me, George Pollinger, Register of the Probate of Wills and of Granting of Letter of Administration, in and for the County of York, personally appeared Andrew K. Prowell and H. S. Bear, the subscribing witnesses to the foregoing Will, who, upon being duly qualified according to law, do depose and say that they were personally present and saw and heard Peter Zorger on Conewago Township, York County, the Testator sign, seal, publish, pronounce and declare the within and foregoing instrument of writing as and for his last Will and Testament, and the time of his do doing he the Testator was of sound and disposing mind, memory and understanding to the best of their knowledge and belief, and that they witnessed the same at the request of the Testator and in the presence of each other at the same time.

Affirmed to and Subscribed before me this 16th day of October, AD, 1870 Memorandum. That Letters Testamentary on the foregoing Will of Peter Zorger, late of Conewago Township, deceased, were granted to Barnhart Zorger, of Conewago Township, and Jacob Diehl of Newberry Township, the Executors named in the said Will, after being duly qualified according to Law, on the 16th day of October, AD, 1871. A true copy taken from and compared with the original Will remaining in the file in the Registers Office in York Borough.