The Last Will And Testament is the legal instrument by which a person may make known his/her wishes as to how he/she desires his/her estate to be disposed of upon his/her demise. Despite the fact that in a few rare cases, certain individuals might have been incompentent at the time that he or she was dying, and the will therefore might have been devised by a close relative and merely signed by the dying person, the Last Will And Testament may be considered as truthful evidence of the individual’s wishes.
Over the years, wills have changed in character and format. At the present time it is not fashionable to write wills in which individual items are distributed among family and friends. Nowadays, wills tend to be very simplistic. Wills from the Eighteenth Century and earlier are interesting to read because of the detail that usually went into them.
The homestead property was usually bequeathed to the oldest son. That meant that all the other surviving children and their widowed mother would have to make new living arrangements. Usually the widow remarried soon after the death of her husband because she had nowhere to live. The other children might be taken along by the mother, but oftentimes they were put up for adoption. For that reason, the Orphans’ Court was established. The oldest daughter quite often received the parents’ bedstead. The bedstead consisted of the bed itself, usually a tall poster bed which, with its ‘bedclothes’, or curtains, was the warmest spot in the house on wintry evenings. In some cases, a dying father would specify particular items to be retained by his soon-to-be widowed wife. If he specified in his will that his wife should receive her spinning wheel, then that item would not be included as part of the ‘widow’s share’ in the estate inventory.
Isaac Fickes, Sr died in 1827. In his will Isaac specified that "the Eight day clock and franklin stove is fast to be sold" and that "I then direct that all my wearing apparels be amicably divided among my three sons Solomon Jacob and Valentine." Perhaps Isaac knew his three sons would fight over the clothes and therefore added the word amicably to try to avert trouble. In Isaac’s case, he bequeathed "the bed that I now use" to his granddaughter, Rachel. The family’s pewterware was to be divided between his three daughters.
Isaac Fickes’ eldest son, Isaac Jr had died in 1813. At that time, the younger Fickes had bequeathed to his "beloved weif... one hors cretor" and a "horsaddle". Isaac Jr also bequeathed to his wife "30 bushels of buckwit... and the one half of the cren now but in the cround".
Jacob Schmitt, Sr, one of the author’s ancestors, specified in his will just about everything that he possessed. To his wife, Rosana, in 1797, he bequeathed "the ƒum of ten pounds in Money and one cow, to have her choiƒe alƒo fifteen buƒhels of corn yearly, and two hundred weight of Pork yearly and twelve pounds of hackled flax and Saw of the ƒame yearly and ƒix pounds of good Wool and one buƒhel of ƒalt yearly alƒo one ƒpinning wheel and bedƒtead bed and bedcloths compleat alƒo one table and one cheƒt one little pot and one large pot, and one pan and ƒix ƒpoons two tin cups two Pewter Plates and one pewter Diƒh and two knives and two forks alƒo one bucket one pale and One Waƒhing tub..." Jacob was thinking to the future when he directed in his will that "my daughter Agnes ƒhall have her mothers Riding Sadle at the deceaƒe of her Mother." Jacob could not then know that his daughter Agnes Elizabeth would marry John Mock and move westward to the state of Indiana.
As can be seen in the foregoing examples, the dying person’s family life can sometimes be ascertained from the wording of the will. In the will left by Isaac Fickes Sr, it was stated that the water from the deceased’s well that his son-in-law’s land was to receive was to be only that which could flow through a one-inch pipe on alternating days. Perhaps Isaac did not particularly care for his daughter’s choice of husband. Another example shows the love a man had for his wife. In an age when the widow usually was entitled only to her own clothes and one horse saddle when the husband preceeded her in death, another ancestor of the author stated that his eldest son was to construct a house for his widow. And that son was also instructed to leave a certain amount of grain at her door during the harvest season.
The General Assembly of Pennsylvania passed an Act in 1777 to establish the Register of Wills office at the county level.
| An ACT for eƒtabliƒhing in the city of Philadelphia, and in each county of this ƒtate, an office for the probate and regiƒtering of wills, and granting letters of adminiƒtration, and an office for the recording of deeds.
A CHANGE of government in the ƒtate of Pennƒylvania having taken place, the powers of the ƒeveral officers under the late government have thereby ceaƒed, and become void: It therefore becomes neceƒsary, for the ƒecurity and well-being of this commonwealth, that an office of record, for the probate of wills and granting letters of adminiƒtration, commonly called the Regiƒter's office, and an office of record, for recording of deeds, ƒhould be at all times kept in each city and county, as the preƒent conƒtitution directs: [II. And be it further enacted, That Samuel Morris, Eƒquire, be, and he is hereby, conƒtituted and appointed Regiƒter for the probate of wills and granting letters of adminiƒtration, for the city and county of Philadelphia; and that John Morris, the younger, Eƒquire, be, and he is hereby, conƒtituted and appointed Recorder of deeds, for the ƒaid city and county of Philadelphia: And that the following perƒons be, and they are hereby, conƒtituted and appointed Regiƒters for the probate of wills and granting letters of adminiƒtration, and Recorders of deeds, for the ƒeveral counties following, reƒpectively, that is to ƒay; Joƒeph Hart, Eƒquire, for the county of Bucks; Thomas Taylor, Eƒquire, for the county of Cheƒter; Peter Hoofnagle, Eƒquire, for the county of Lancaƒter; Archibald McClean, Eƒquire, for the county of York; John Creigh, Eƒquire, for the county of Cumberland; Henry Chriƒt, Eƒquire, for the county of Berks; John Orndt, Eƒquire, for the county of Northampton; Robert Galbraith, Eƒquire, for the county of Bedford; John Simpƒon, Eƒquire, for the county of Northumberland; and James Kinkead, Eƒquire, for the county of Weƒtmoreland; every of which ƒaid officers is to be commiƒsioned as the conƒtitution of this ƒtate directs.] III. And be it further enacted, That the perƒons herein and hereby appointed to the offices aforeƒaid, before they can enter on the duties of their reƒpective offices, ƒhall ƒeverally take the oath of affirmation agreeable to theƒaid conƒtitution, and give bond to the Speaker of the Houƒe of Aƒsembly for the time being, with one or more ƒufficient ƒureties, in the following ƒums reƒpectively, that is to ƒay: the Regiƒter for the city and county of Philadelphia, in the ƒum of one thouƒand pounds; the Recorder of deeds for the ƒaid city and county of Philadelphia, in the ƒum of fifteen hundred pounds; the Regiƒter and Recorder of deeds for the county of Bucks, in the ƒum of one thouƒand pounds; the Regiƒter and Recorder of deeds for the county of Cheƒter, in the ƒum of fifteen hundred pounds; the Regiƒter and Recorder of deeds for the county of Lancaƒter, in the ƒum of fifteen hundred pounds; the Regiƒter and Recorder of deeds for the county of York, in the ƒum of twelve hundred pounds; the Regiƒter and Recorder of deeds for the county of Cumberland, the ƒum of twelve hundred pounds; the Regiƒter and Recorder of deeds for the county of Berks, in the ƒum of one thouƒand pounds; the Regiƒter and Recorder of deeds for the county of Northampton, in the ƒum of one thouƒand pounds; the Regiƒter and Recorder of deeds for the county of Bedford, in the ƒum of ƒix hundred pounds; the Regiƒter and Recorder of deeds for the County of Northumberland, in the ƒum of ƒix hundred pounds; and the Regiƒter and Recorder of deeds for the county of Weƒtmoreland, in the ƒum of ƒix hundred pounds; which ƒaid bonds ƒhall ƒeverally be conditioned for the true and faithful execution of their ƒeveral and reƒpective offices, and for delivering up the records and other writings belonging to the ƒaid reƒpective office's whole, ƒafe and undefaced, to their ƒucceƒsors in the ƒaid offices. And be it further enacted, That the ƒeveral and reƒpective officers, appointed by this act, ƒhall have, uƒe and exerciƒe all the powers, and be ƒubject to, and governed by, the laws of this ƒtate, in all things concerning their ƒaid offices reƒpectively; and may take and receive the ƒame fees, as by the ƒaid laws the late Regiƒters and Recorders of deeds ought or might have received and taken. V. And be it further enacted, That each and every of the Regiƒters and Recorders of deeds herein appointed, and their heirs, executors and adminiƒtrators, and every of them, are hereby required and enjoined to deliver up to the perƒon who ƒhall be appointed to ƒucceed them in the ƒaid offices reƒpectively, all the records and other writings, and alƒo the ƒeals, belonging to the ƒeveral offices aforeƒaid, whole, ƒafe and undefaced, under the penalty of three thouƒand pounds, to be recovered as other fines are directed to be recovered within this ƒtate. VI. And be it further enacted, That every Regiƒter for the probate of wills, and granting letters of adminiƒtration, by this act appointed, or that may be hereafter appointed, may and ƒhall keep a deputy, to officiate in his abƒence, for whoƒe conduct the Regiƒter, that ƒhall ƒo appoint him, ƒhall be accountable. And every ƒuch deputy is hereby declared to be able and capable in law to take probate of wills and grant letters of adminiƒtration as aforeƒaid, and to do whatever elƒe by the laws of this ƒtate appertains to the ƒaid office: And if any Regiƒter or Recorder of deeds, by this act appointed, ƒhall reƒign his office, remove out of the county, die, or otherwiƒe become incapable of executing both or either of the ƒaid offices, as directed by the laws aforeƒaid, then, in either of the ƒaid caƒes, the Preƒident and Council, for the time being, ƒhall, as ƒoon as may be, appoint and commiƒsionate another perƒon to be Regiƒter and Recorder in the ƒtead of ƒuch Regiƒter and Recorder, as ƒhall ƒo reƒign, remove, die, or otherwiƒe become incapable as aforeƒaid; and every perƒon, ƒo appointed and commiƒsioned as aforeƒaid, ƒhall be deemed and taken to be the proper Regiƒter and Recorder for the county for which he ƒhall be ƒo appointed and commiƒsioned, until further order be taken in the premiƒes by the General Aƒsembly of this ƒtate. VII. Provided always, and be it further enacted, That the officers, by this act appointed, and called Regiƒters, in each county reƒpectively, ƒhall not be accountable to any other Regiƒter as their ƒuperior; and that ƒo much of the laws of this ƒtate as relates to the Regiƒter-General’s office, which by this act is altered and ƒupplied, is hereby declared to be repealed, and made null and void. And in as much as the detention of the books, records and other papers, and ƒeals, in the office of Regiƒter and in the office of Recorder of deeds, may be very injurious to many of the inhabitants: VII. Be it therefore enacted, That if any or either of the officers that have laƒt held and kept the ƒaid office or offices, ƒhall refuƒe to deliver up the ƒaid books, records and other papers, and ƒeals office, ƒafe, and in good order, to the perƒons by this act for each county, reƒpectively appointed, and complaint ƒhall be thereof made to any one Juƒtice of the county where ƒuch refuƒal ƒhall be made, ƒuch Juƒtice ƒhall iƒsue his warrant, in the nature of a capias, cauƒing ƒuch officer to be brought before him; and if the complaint ƒhall be ƒupported with good evidence, the ƒaid Juƒtice ƒhall commit the ƒaid Regiƒter or Recorder to the common gaol of the county, there to remain, without bail or main-prize, until the ƒaid books, records and other papers, and the ƒaid ƒeals of office, ƒhall be delivered up as aforeƒaid. IX. And be it further enacted, That if any of the officers named in this act ƒhall neglect or refuƒe to take the oaths or affirmations preƒcribed by the conƒtitution of this ƒtate, and otherwiƒe qualify himƒelf as is by this act directed, for the ƒpace of ten days after he ƒhall be informed of his appointment, if on the eaƒt ƒide of the river Suƒquehanna, and within thirty days, if on the weƒt ƒide of ƒaid river, the Preƒident and Council ƒhall appoint and commiƒsionate ƒome fit perƒon to be the officer in his ƒtead. Paƒsed 14th March, 1777. - Recorded in Law Book voI. I. page 93. |
The generally accepted procedure for settling an estate in which a will has been written and filed at the county court house is for the will to be submitted to the Register of Wills for probate. In the act of probating the will, it is checked for legal correctness, and if everything is in order, it is approved. In most cases, the Register of Wills will grant Letters Testamentary and/or Letters of Administration to the man named as executor or the woman named as executrix of the estate. It is the executor/executrix’s duty to make sure that the estate is divided up and distributed according to the wishes of the deceased. The distribution of the estate is often performed by a lawyer hired by the executor/executrix of the estate. It can only be assumed that those wishes have been followed precisely as the deceased person wished.
If no executor/executrix was named in the will, or if the deceased died intestate (i.e. without having written and filed a will in the court house), then the settlement of the estate is forwarded to, and handled by the Clerk of the Orphans Court. (See the sections titled, ‘Intestate Proceedings’, and ‘Orphans Court Records’ above.)
A genealogical or historical researcher will find a number of records when searching for a will. The original will is normally kept by the person for whom it is written. A copy is transcribed, or otherwise enterred in the county’s Will Book dockets and a reference to its location therein is recorded in the Will Book Index. (At the present time, much of this process is performed on the computer.) The records which accompany the probate of the will, including the letters testamentary and of administration, and possibly a renunciation (i.e. a statement by an executor or executrix refusing to serve in that capacity) will normally be filed with a copy of the will in the estate files. An estate inventory might also be included in the file. The estate files can usually be found in the Register and Recorders office of the court house. In some court houses the estate files are filed in the prothonotary office.
Traditionally, wills were not usually written out too long before the person’s death. Because of the fact that the will was often written at the last minute, due to the fact that the person was dying, and wanted to make sure his/her estate was settled among a spouse and children, the date of the filing of the will at the court house and the date that it was probated are often very close together. Also it was natural for the surviving spouse and/or children to want to settle the estate as quickly as possible after their loved one’s demise. Therefore, in the absence of an exact date of death, a death date can be assumed to be some time between the date of the writing of the will and the date it was probated, normally closer to the date of the will’s probate.
The books listed below are indexes to the wills filed in some of the present-day counties of Old~Bedford. Will indexes are usually just that - an index of the wills, noting the person’s name, the date of the probate of the will and the docket volume and page number where the will was recorded. In some will indexes, the person’s date of death might also be included.
