Andrew Kerr
I, Andrew Lenox Kerr, of the City of Pittsburgh, Pennsylvania, Merchant, do
make and publish this my Last Will and Testament in manner and form following,
that is to say I direct that my Funeral expenses, and all my just debts be
fully paid.
I give and bequeath unto my Wife Jane, all my Household Furniture for the use
of herself and family, also all my stock of goods on hand at the time of my
decease, together with my Books of accounts with the accounts therein
contained, for her own use, and to be at her own disposal subject only to the
payment of my outstanding debts, and also the providing therefrom for each and
every member of my family a proper suite of mourning to be worn at my funeral
and further I give and bequeath unto my said wife an Annuity of Four hundred
Dollars to be paid to her by my Executor in equal annual installments during
her natural life.
I direct that my Executors pay to my wife Jane, annually the sun of One
hundred and Sixty dollars for the boarding, clothing, and schooling of each of
my daughters so long as they shall respectively remain with their Mother, and
whenever they shall go to Boarding School I direct my Executors to appropriate
the further sum of One hundred Dollars to each of my daughters that shall be
attending a boarding school, so long as they shall respectively remain at such
school, making in all the sun of Two hundred and sixty dollars and whenever my
said daughters respectively shall leave school. I direct my Executor to
appropriate the sum of Two hundred Dollars annually to them for their
respective support until they shall either attain the age of twenty one years
respectively or marry, as hereinafter mentioned.
I direct that my Executors pay to my said wife Jane the sum of One hundred
and sixty Dollars annually for the boarding clothing and schooling of ear of
my youngest sons, Andrew and William, so long as they shall remain with her
and it being my desire that my said sons Andrew and William shall receive each
such education as will fit them for the study of any of the learned
professions, which, after the age of Eighteen years they may choose. I direct
that at the age of Fourteen years, they be sent to some respectable Seminary
where exercise and manual labor are a part of the discipline. To defray the
expenses of such education, I direct my Executors to appropriate the further
sum of one hundred and forty dollars annually for each of my said two sons
until they shall have completed their said education, making in all the sum of
Three hundred dollars annually for each of my said sons.
I direct that my son James in the course of the ensuing Spring be put to any
of the learned professions that he may choose, in some respectable inland
town, and I direct my Executors to appropriate the sum of Three hundred and
fifty dollars per annum for his boarding, clothing, and keeping a horse until
he shall have completed his said studies.
I bequeath to my sister Isabella Consley the sum of one hundred dollars to
my sister Nancy Everill the sum on One hundred dollars to my sister Jane
Hammond the sum of fifty dollars to Mary Telfair the sum of one hundred
dollars to John Telfair the sum of one hundred dollars and to Andrew
Telfair the sum of one hundred dollars.
I direct that my Executors as soon after my decease as practicable, collect
all my out standing debts, and sell such of my personal property as may not
herein be bequeathed to my wife either at public or private sale. And I
further direct and empower my said Executors to sell either at public or
private sale my Lot in the Borough of Allegheny, and to convey the same, for
cash or on a credit as they shall think proper I further empower and direct
my said Executors to sell and convey, either together, or in separate parcels,
my Real Estate in the City of Pittsburgh situated on the corner of Liberty and
Hand Streets, and extending in depth on Hand street half way to Penn Street
and also my Real Estate situate in the said City of Pittsburgh on the
northwardly side of Liberty Streets above Hand Streets, now occupied by
William Diller and A. and S. George- I further direct that one fifth of the
purchase money be paid in cash, and that the other four fifths be charged on
the said property, and that the interest thereof be paid semi-annually and
reserved as a perpetual ground rent to my said Executors.
I give and devise to my Wife Jane during her life whichever of my two dwelling
Houses and Lots on Penn Street in the said City of Pittsburgh she may select,
free of ground rent, taxes, or any claims or charges for the use of herself
and such of her unmarried children as may choose to live with her. After her
decease devise the same to my said Executor in Trust as herein after
expressed. I direct my Executors to appropriate the sum of Seven hundred
dollars to the purchase, under the direction of my wife, of furniture for the
said House on Penn Street, which furniture is to be used by my Wife during her
life, and after her decease to become the property of my daughter Elizabeth.
All monies that may be on hand at my decease all monies that my be received
for outstanding debts, from the sale of such personal property as is not
herein bequeathed to my Wife and all monies that my arise from the sale of
Real Estate hereinbefore directed to be sold, I direct to be invested by my
Executors after paying my first debts and funeral expenses, and the Legacies
herein given and bequeathed, in such stocks and securities on Real Estate as
they shall deem advisable. And I do further direct that the interest or
dividends thereof shall be invested in the same way until my sons shall
respectively arrive at the age of twenty one years, and my daughters shall
respectively arrive at the same age, or marry with the consent of their Mother
and Guardians. And as my said Sons and daughters shall respectively attain
the said age, or my daughters shall marry before that age with the consent of
their Mother and Guardians, I direct my said Executors to pay them their
respective shares of the said fund share and share alike.
I give and devise to my Executors hereinafter named, and to the Survivors and
survivor of them, and in case of the death of all of my Executors, to such
other person or persons as trustee or trustees, as my said Executors, or the
Survivors or survivor of them shall by deed, duly nominate, constitute and
appoint, or in failure thereof, to such person or persons as any Court
authorized by the Laws of the Commonwealth to appoint shall decree, all of my
Real Estate not hereinbefore devised by me to my Wife, or directed by me to be
sold, and also the Ground Rents directed to be reserved on the sale of my
property on Liberty Street and Liberty and Hand Streets, to have and to hold
the sum in Trust for the uses and purposes hereinafter provided and expressed,
to wit First In trusts I collect the said Ground Rents, and to lease the
other property for the best sums that can be obtained, and after paying the
sums before directed to be paid for the maintenances of my Wife and children,
to invest the residue of the said ground rents and of the other rents and
profits, in such stock or securities on Real Estate in the City of
Pittsburgh, clear of incumberance as my Executors or Trustees shall think
advisable, and to appropriate the interest or dividends, thereof in the same
way until my sons shall respectively arrive at the age of twenty one years,
and my daughters shall respectively arrive at the age of twenty one years, or
marry with the consent of their Mother and guardians, and as my sons and
daughters shall respectively attain the said age, or my daughters shall marry
before that age with the consent of their Mother and Guardians, to pay to them
their respective shares of the said fund, share and share alike Secondly In
Trust to pay to each of my sons as they shall respectively arrive at the age
of twenty one years, half yearly, during their respective lives, the one equal
share of the said annual rents of the said Real Estate, and the said Ground
Rents, the expenses of repairs, taxes, assessments, insurance, and other
incidental expenses of said Real Estate being first deducted, said half
yearly payments to be made to my sons themselves and for their own use, and on
their own receipts given when the money is paid, and not in pursuance of any
power of longer date than six months before such payments, and to pay to each
of my daughters as they shall respectively arrive at the age of twenty one
years, or sooner in case of marriage with the consent of their Mother and
Guardians, half yearly during their respective lives, the one equal share of
the annual rents of said Real estate and of the said ground rents and first
deducting as aforesaid the expenses of repairs, taxes, assessments, insurance,
and their incidental expenses of said Real Estate said half yearly payments
are in no event to be liable for the debts or subject to the control in any
way of the respective husbands of my said daughters, but to be paid to my
respective daughters themselves for their sole use and benefit, and on their
own receipts whether married or single, given at the time of paying the money
and not in pursuance of any power of longer date than three months before
such payments. I further direct that after the death of my sons and
daughters, the same shall become vested in their respective children or their
legal representatives in such manner and in such proportions as my said sons
and daughters shall respectively by their Last Wills and Testaments direct and
appoint, and in default of such will and appointments, shall descend and vert
agreeably to the Laws regulating Intestates Estates, and in case any of my
children shall die without lawful issue living at his or her death, then the
share or shares of such deceased child or children shall be paid over to the
survivor or survivors of them share and share alike.
I further empower my said Executors to Lease or Sell the Coal in my Farm in
St. Clair Township when they shall deem it can be advantageously disposed of,
and to appropriate the price thereof in the same manner as is herein before
directed with regard to the rents of my other Real estate. I further direct
my said Executors in leasing my Farm in St. Clair Township to give a
preference to my children as Tenants in the order of age if any one of my
children should wish to occupy it.
I give to my Wife Jane as long as she shall remain unmarried my Pew in Trinity
Church Pittsburgh for the use of herself and children, and when she shall
marry or cease to occupy said Pew, then I desire that my Executors pay the
rent of the same until my son James shall arrive at the age of twenty one
years, when I give the same to him if he shall think proper to occupy it but
in case my son James shall be dead or refuse, or neglect to take and occupy
the same, then I direct my Executors to pay the rent thereof until my eldest
daughter Elizabeth shall arrive at the age of twenty one years when I give the
same to her on the same conditions and restrictions and in case my said
daughter Elizabeth shall not be entitled to the same on the conditions and
restrictions aforesaid, then to my next oldest child under the same
conditions and restrictions, and so on to the next oldest till it shall come
to the youngest and in case no one of my children shall be entitled under the
conditions and restrictions aforesaid to take it, then the same shall revert
to and become the property of the Minister, Wardens, and Vestry men of said
Trinity Church.
I do hereby declare that the Bequests herein given to, and the Provisions made
for my said Wife Jane shall be taken and considered in Lieu of Power.
It is my Will that any child with whom my wife bay be pregnant at the time of
my decease, shall be entitled to the benefits of this will as fully as if born
before my decease.
I further empower my said Executors to collect the Rents of the Real estate
hereinbefore directed to be sold until the time of Sale, and to apply the same
in the manner hereinbefore directed with respect to my other Real Estate.
I Appoint Andrew N. McDowell, John Herron and John Grier, Executors of this my
Last Will and Testaments, and I do also constitute and appoint them the
Guardians of my children, as follows, viz. I constitute and appoint Andrew N.
McDowell the Guardian of my son Andrew and my daughter Louisa - I constitute
and appoint John Herron the Guardian of my daughters Elizabeth and Mary Jane -
I constitute and appoint John Grier the Guardian of my sons James Forsyth, and
William - and in thus adding the obligations of confidence and friendship to
that of humanity, I feel a firm and grateful reliance in the faithfulness with
which their respective trusts and duties will be discharged.
I do further direct that in case of any dispute among my wife and children the
same should be referred to my Executors, or the Survivors or Survivor of them
whose decision shall be final and conclusive, without any resort to a Court of
Justice. In case of a reference as aforesaid, or in case of a refusal to
comply with the decision of the said referees, I devise and bequeath the
share or shares of the person or persons so refusing to the other Devisees and
Legatees, equally to be divided among them.
In Testimony where of I have hereunto set my hand and seal this thirty first
day of December in the year of our Lord one Thousand eight hundred and
Thirty-eight
Signed sealed and delivered by the Testator in presence of us.
Wm Witty & Samuel W. Carr
Allegheny County,
Be it remembered that on the 5th day of January AD 1839 Personally came before
me D. Gulliland Register for the Probate of Wills and for said county. Wm
Witty and Saml W. Carr the two sub scribing witnesses to the foregoing
Instrument of writing who being sworn according to Law said that they saw and
heard Andrew L. Kerr the testator sign seal publish and declare this above
and foregoing instrument of writing as and for his last Will and Testament and
that at the ______ done so he was of sound and disposing mind memory and
understanding according to the best of their knowledge and belief.