Peter Benham Will
Recorded page 2, October 10, 1795;
recorded October 27, 1795 in Washington County, Pa;
recorded May Court 1796 in Campbell County
In the name of God Amen, I Peter Benham of Camel County but present about business in Washington County in the State of Pennsylvania, being sick of body but of perfect mind and memory and calling to mind the mortality of my body an knowing that it is appointed for all men once to die, do make and ordain this my last Will and Testament; that is to say principally and first of all in my soul I commend into the hands of God who gave it and my body to the earth to be buried in decent Christian burial at the discretion of Myles Haidan & Daniel Gayman, not doubting but I shall receive the same again at the general resurrection by the mighty power of God and as vouching such estate whereof, it hath pleased God to bless me in this life, I dispose of the same in the following manner and form.
Viz; Unto my well beloved wife Betsy Benham, I give and bequeath all my household goods and furniture and two Cows to my sons, my Heirs, namely Robert, James, Peter and John Benahm. I give the residue of my estate under the following restrictions.
Viz; My Brother, Robert Benham of said Cambell (sic) County whom I constitute and appoint sole Executor of this my last Will and Testament is to take the residue of my Estate and ascertain the amount of the same in the Court of said Camel County of purchase land for the same where it may seem to him best for the use of my said Heirs and if in one place to get a joint title in their names for the land and the same to be equally among them, my said Heirs to be bound to Trades by my Executor such as they shall usually choose with and by the consent of my wife, at such period as they shall judge them or any of them fit for the same, and whereas my Wife is at present pregnant if it shall be a Boy to enjoy an equal share with my said Heirs, but if a Girl her portion to be as follows;
Viz; My three oldest sons namely, Robert, James & Peter shall pay my daughter, Ann Benham, Twenty five pounds to the Child my wife is big with if a Girl when she comes of age and my shall John when he comes of age to pay his equal part as one fourth of the said sums to his brothers; Each to give security for the payment of his respective proportion payment before he gets possession of his part of the lands. And in case any of my said Children shall die before he or she arrive to full age such a child's part or Portion to be equally divided amongst the Survivors if a boy among the Boys, if a Girl among the mother and the surviving daughters.
And where as my estate is all personal or movable property and part of the same in the hands of the following men. In the hands said County of Washington. Viz; in the hands of John Heaton Esqr. two hundred and forty-two Dollars to be paid in flour delivered at Rice's landing on the Monongahela river. In the hands of John Arnold ten pounds; in the hands of William Montgomery eight barrels of flour; in the hands of Robert Schooley four pounds; in the hands of Myler Haidan five pounds four shillings & three pence worth of lennen? as for bill in different pieces and eight Dollars in Cash in the care of Balser Lawer Twenty-five and 1/2 Gallons of Honey in Cask; in the hands of Sam'l Bass eleven pounds one shilling and nine pence. In sp-- in the House of Myler Haidan thirty-one dollars and a Crown Ale and any of the above several items of money and the above mentioned flour and Honey I do hereby authorize jacob Cavert to ask, demand, recover and receive together with my lyen & clothes and covey the same to my said Executor given rec't for cash of the said numerated articles and also to pay and discharge any just Debt which may or shall appear against me in the said County of Washington Pa and take receipts for the same and lay out the money which shall remain in his hands for flour, liquor or other goods and convey the same to my said Executor and be at a proportional expense of a Boat before conveying the said Goods & take an exact Inventory of all his transactions concerning the same and deliver with said goods & to my Executor and my said Executor shall dispose of the residue of my Estate in the said Camel County as above directed it being well known to him and here needs less to mounte on the Crop of Corn and some work in tetensels? to be left for the present Common use of my family & if my wife shall in any wise murmer concerning her dowry then the whole of my Estate to be estimated and allow her what my seem lawful.
Myler Hardan and Daniel Gayman to adjust the expense of my sickness and burial and make a bill of the same which the said Jacob Cavert shall pay revoking all former bills or Testaments and Executers & ratifying and Confirming this and no other to be my last Will and Testament.
In Witness whereof I the said Peter Benham have
here unto subscribed my name & office my seal this tenth day of October in the
year of our Lord One thousand seven hundred and ninety-five. Signed Sealed
pronounced & proclaimed by the said Peter Benham his last will and Testament in
our presence who in his presence and in the presence of each other have here
unto subscribed our names.
Myler Haidan & Daniel Gayman Signed Peter Benham (Seal)
Washington County State of Pensylvania (sic) to Wit; On the twenty-seventh day of October anno Dominica one thousand seven hundred and ninety five personally came before the subscriber Register for the Probate of will and grating letters of administrators in and for the County aforesaid Myler Haidan and Daniel Gayman the subscribing witness to the within instrument of writing who being duly sworn according to law did declare and say that they were personally present and heard and saw the within named Peter Benham sign, seal, publish and pronounce and declare the within instrument of writing as and for his last Will and Testament that at the time of doing thereof the said Peter Benham the Testator was of sound and disposing mind memory and understanding, awarding to the best of these deponents knowledge and belief and subscribed their names thereto as witnesses to the Execution thereof in the presence of the Testator and at his request.
Sworn to and subscribed Coramme? Samuel
Clarke-Register
Signed Myler Haidan and Daniel Gayman
Washington County State of Pennsylvania to Witness (Seal) I, Samuel Clark Esquire Register for the Probate of Wills and granting Letters of administration in and for the County aforesaid do hereby certify that the within is a true copy of the original duly proved and remaining in my office at Washington carefully compared by me. In Testament whereof I have here unto but hand and affix the seal of said county the 27th day of October 1795. Signed Samuel Clark Register
Received March 19th 1796 of John Weaton one boat with 7/6 (afoot) & Ten barrels of flour & four Dollars for Barrels of One hundred and sixty seven dollars in Cash being in sale for the money within mentioned R by me Teste-Jas Sawnwarth and Jacob Cavert
Campbell May Court 1796
This certified copy of Peter Benham Will was produced in Court and sworn to by Robert Benham Esq. the Executor therin named who entered into Bond in the penalty of L400 with Nathan Kelly, his security and was ordered to be recorded.
Teste-James Taylor SCC