WILLS
 

Original
WILL OF JOHN PRESLEY
Late of the 2nd Wd
Borough of Tarentum
Allegheny County, Pa.

Transcribed by Kay Pressley Martynuska


 No. 237
Will Book  117                 Page 470
Will of John Presley
Deceased

Fees
Letters, c.t.a.,              $ 8.0
Certificate                      1.00
Renunciation,              ______
Pd. 1/23/13                 $ 9.00

Letters of Administration cum testamento annexo
Granted January 25th A.D. 1913
Unto Margaret A Presley
Filed Jany 25th A.D. 1913
S.H. Gardner, Attorney
702 Frick Bldg.
Pittsburgh, Pa.
  
         


In the Name of God, Amen

I,
John Presley, of the 2nd Ward of the Borough of Tarentum County of Allegheny, and State of Pennsylvania, being of sound mind and memory, do hereby make, publish and declare this to be my LAST WILL AND TESTAMENT, in manner  and form following: Hereby revoking any will or wills heretofore made by me.

  FIRST:  I direct all my just debts and funeral expenses to be fully paid and satisfied, as soon as conveniently may be, after my decease.

Item   I desire that my body be decently intered in my Lot in Prospect Cemetery, Tarentum, Pa. And that my Relations may Select Such minister as they desire to officiate at my Funeral.

Item   Of the worldly goods that it has pleased Almighty God to intrust me with Either Real or Personal, I dispose of them as follows.  To Wit,

Item  I give devise and bequeath to my Daughter Margaret N. Presley the Lot Situate on the East Corner of First (1) Avanue And Boyd Street, Fronting Fifty Six (56) on First (1) Avanue, And running back along Boyd Street About Ninety (90) feet, upon which is erected a Two (2) Story Brickhouse; in which I now reside, for her use and behoof, absolutely.

Item  To my Daughter, Catharine C. Presley, I give and bequeath the vacant Lot Adjoining the above Lot, Fronting Forty (40) feet on First (1) Avanue, and running back paralell with the aforesaid Lot, About Ninety (90) feet.
Also to Catharine C. the corner Lot on the west Side of Second (2) Av and Adams Street Fronting Forty (40) feet on Second (2) Av and running back along Adams Street about Ninety (90) feet upon which is erected a two (2) story framehouse for her use and behoof, absolutely.

Item  To my Daughter Nannie M. Presley, I give and bequeath the Lot situate on the Northwest Corner of First (1) Av, and Adams Street, Fronting Seventy (70) feet on First (1) Av, and running back along Adams Street, About Ninety (90) feet upon which there is a two (2) Story framehouse, For her use and behoof, absolutely.

Item   To my Son John C. Presley, I give and bequeath the vacant Lot situate On The South East Corner of Second (2) Av and Boyd Street, Fronting Sixty three (63) feet on Second (2) Av, and running back along Boyd Street about Ninety (90) feet, For his use and behoof, absolutely.

Item    To my Son James C. Presley, I give and bequeath the Lot adjoining the aforesaid Lot given to John C. Presley on the East, Fronting Sixty three (63) feet on Second (2) Av and running back paralell with Johns Lot about Ninety (90) feet upon which is a two (2) Story framehouse, for his use and behoof, absolutely.

Item    To my Son Joseph C. Presley, I give and bequeath the Sum of Four hundred ($400.00) to be paid by the administrator, out of my Estate. In case Joseph C. Presley should die before a division of the Estate is made Then the Fourhundred ($400.00) Dollars hereby bequeathed reverts back to The Estate to be divided among The Heirs,

Item     To each of my Daughters, Margaret N. Presley and Catharine C. Presley, I give And bequeath three (3) shares each of my Bank Stock on the Tarentum National Bank, Also To My Daughter, Nannie M Presley, Four (4) shares of the aforenamed Bank Stock,

Item     To my son James C. Presley, I give and bequeath six (6) shared of stock In the Tarentum Glass Co, Also to my Son John C. Presley, Four (4) Shares of the aforenamed Glass Co.

Item      To my Daughter Nannie M Presley, I give and bequeath the Sum of Two Hundred ($200.00) Dollars, To be paid by the Administrator, as soon as may be possible after my decease, out of any money not otherwise specified,

Item      To my Grand Daughter, Jean Presley, I give and bequeath one hundred ($100.00) Dollars to be paid by the Administrator of the Estate.

Item      It is my wish that of such Furniture and Household Goods as I may be possessed of at the time of decease, that my three Daughters Margaret N., Catharine C. and Nannie M., Shall divide it equally among them,

Item      I desire that the Administrator Shall erect a monument over mine and my wife’s resting place.  Also a marker for the grave of my Son Buried in the Same Lot, the cost of all not to exceed three hundred ($300.00) Dollars.

Item      Anything I may have or own at the time of my Death not herein Specially Disposed of Shall be used for the payment of the monument and Marker above mentioned.  And any overplus after the Debts and expenses have been all paid, Shall be equally divided among all my children.

Item      And further I will and direct that any of my children who Shall Contest or attempt to contest the Execution of this my Last Will and Testament, shall forfeit his or her Share of their benefits or bequeaths Named herein, such Share or Shares being forfeited shall be equally Divided among the remaining Heirs.

Item      I hereby leave the appointment of an Administrator of this my Last Will and Testament to my beloved children, to be one of Themselves or a Stranger as they can agree among themselves.

In witness whereof I, John Presley, the testator above named, have hereunto Subscribed my name and affixed my Seal the 13th day of February, in the year of our Lord, one thousand Nine hundred and Eight,

John Presley

  Signed, Sealed, Published and Declared by the above name John Presley for his Last Will and Testament, in the presence of us, who have hereunto Subscribed our names at his request as witnesses thereto, in the presence of the said Testator, and of each other.

                                                                    Samuel B. Smith
                                                                  John McDowell


 
Codicil To the above Will

Whereas I John Presley did on the 13th day of February in the Year of our Lord 1908 make my last will and Testament, I do now by this writing add this codicil to my said will, To be taken part thereof,
Whereas by the dispensation of Providence my Son Joseph C. Presley has died on the 27th day of July 1909.  I give and bequeath to My Daughter Margaret N. Presley, the $200.00 that I bequeathed to my Son Joseph in the body of this my will, for the said Margaret N. Presley To use in paying for the Schooling of my Granddaughter Jean Presley the Daughter of said Joseph C. Presley.

In witness whereof I hereunto place my hand and seal, this 6th day of May 1910.

                                                                    John Presley

Signed, Sealed, published and declared to us by the Testator John Presley, as and for a
codicil to be annexed to this last Will and Testament, and we, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses thereto at the date thereof.

                                                                   Samuel B. Smith
                                                                  John McDowell


State of Pennsylvania
Allegheny County


Be it known
, that on the 25 day of Jany A.D. 1913 Before me, William Connor, Register of Wills, etc. in and for the County aforesaid, came John McDowell, one of the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and Testament and a Codicil of John Presley deceased and on his solemn oath did depose and say that he was present and did see and hear John Presley the testator therein named sign seal, publish and declare the same as and for his last Will and Testament and a Codicil dated May 6th, 1910 and at the time of so doing, he was of sound mind and memory to the best of his knowledge and belief and at his request and in his presence he subscribed his name as witness thereunto.

                                                                                       John McDowell

Sworn and subscribed before me the above date
  
                                                                   William Connor

 

Now ________________________ A.D. 19__  the testimony of the above Witnesses being sufficient, I do hereby admit the foregoing will of probate And order the same to be recorded as such.
Given under my hand the above date.  (Transcriber's note:  the above few lines are blank and crossed through by three slashes.)


State of Pennsylvania
Allegheny County

Be it known, that on the 25 day of Jany A.D. 1913 Before me, William Connor, Register of Wills, etc. in and for the County aforesaid came Fannie Smith and S.M. Hazlett, and on their solemn oath did depose and say that they were well acquainted with Samuel B. Smith one of the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and Testament and a Codicil of John Presley and familiar with his handwriting and signature and that the signature of Samuel B. Smith to the said writing is in his own proper handwriting as they verily believe and deponents further swear  that the said Samuel B. Smith is now dead.              
                                                                                          
Fannie Smith
           
                                                                              S.M. Hazlett
                                                                       
Sworn and subscribed before me The above date  
William Connor

  

Now  January 2,  A.D. 1913  the testimony of the above named witnesses being sufficient, I do hereby admit the foregoing Will to Probate, and order the same to be recorded as such.
Given under my hand the above date.   
                       William Connor

 


 Register’s Office
Allegheny County, } as

January 25, 1913, before the Register personally appeared John C. Presley about to become a surety in the sum of 5600.00 on the administration bond in the above-entitled estate, who being sworn, says that he resides at Tarentum, Allegheny County, and is by occupation a laborer;  that he is the owner of real estate, the title to which is in his own name and duly recorded, situate in East Deer Twp. Allegheny County, worth, above incumbrances, $4000.00 and upward, and that he is worth the amount expressed in said bond over and above his just debts and liabilities.

An on the same day there also personally appeared  James Chambers, Sr. likewise about to become a surety on said administration bond, who being sworn, says that he resides at Car Friendship Ave. & Ella St. Pittsburgh, Allegheny County, and is by occupation a retired;  that he is the owner of real estate, the title to which is in his own name and duly recorded, situate in Pittsburgh, Allegheny County, worth, above incumbrances, $5000.00 and upward, and that he is worth the amount expressed in said bond over and above his just debts and liabilities.

                                                                            John C Presley
                                                                            James Chambers, Sr.

Sworn and subscribed before me the day and Year aforesaid.
Wm. Connor
Register


Know All Men by these Presents, That we Margaret A. Presley, John C. Presley and James Chambers, Sr. all of Allegheny County, Pennsylvania, are held and firmly bound under the Commonwealth of Pennsylvania, in the sum of Fifty six Hundred ($5600) Dollars, to be paid to the said Commonwealth, to which payment well and truly to be made, we do bind ourselves, jointly and severally, for and in the whole, our heirs, executors and administrators, and each and every of them, firmly by these presents.  Sealed with our seals, and dated the 25th day of January A.D. nineteen hundred and thirteen.

 The Condition of this Obligation is, That the above bounden Margaret A. Presley Administrator cum testamento annexo of all and singular the goods, chattels and credits of John Presley deceased, do make, or cause to be made, a true and perfect inventory of all and singular the goods, chattels and credits of said deceased, which have come or shall come to the hands, possession or knowledge of the said administrator or into the hands and possession of any other person or persons for said administrator, and the same so made, do exhibit, or cause to be exhibited, into the Register’s Office, in the County of Allegheny, within thirty days from the date hereof; and the same goods, chattels and credits, and all other goods, chattels and credits of the said deceased at the time of death, which at any time after shall come to the hands or possession of the said administrator or into the hands and possession of any other person or persons for said administrator, do well and truly administer according to law; and further, do make, or  cause to be made, a just and true account of said administration.  In one year from the date hereof, or when thereunto legally required, and all the rest and residue of the said goods, chattels and credits, together with the proceeds of any sales of real estate the said administrator may make under the will of decedent, which shall be found remaining upon the said administrator’s account, the same being first examined and allowed by the Orphans’ Court of Allegheny County, shall deliver and pay unto such person or persons as the said Orphans’ Court, by their decree or sentence, pursuant to law, shall limit and appoint, and shall well and truly comply with the laws of this Commonwealth relating to collateral inheritances; and if it shall hereafter appear that any Will and Testament was made by the said deceased, and the same shall be proved according to law, if the said administrator, being thereto required, do surrender the said letters of administration into the Register’s Office aforesaid, then this obligation to be void, otherwise to remain in full force.

  Margaret A. Presley   (Seal)
John C. Presley       (Seal)
  James Chambers, Sr.  (Seal)

Sealed and delivered in the presence of Geo W Layng


 In Re Probate of the Will of  John Presley Late of Tarentum, Pa. deceased, and Grant of Letters of Administration, cum testamento annexo.

Register’s Office
Allegheny County, } as

Before the Register of Allegheny County personally appeared Margaret A. Presley, who, being duly sworn, says that John Presley being at the time a resident of Tarentum Allegheny County, died on January 3d A.D. 1913 at 2:40 A.M., having first made his last will and testament, dated February 13, 1908 wherein he appointed __________________ executor, which executor has since __________________. 

That testator was possessed of personal estate to the value of $ 2800, and of real estate (less encumbrances) to the value of $ 8500 as nearly as can be ascertained, situate in Second Ward Tarentum, Pa.

 The testator’s heirs and next of kin are as follows:

 

Relationship

Residence

John C. Presley

Son

Tarentum, Pa.

Margaret A. Presley

Daughter

Tarentum, Pa.

Mrs. Catherine Smith

Daughter

Youngstown, Ohio

Mrs. Nannie Allman

Daughter

Millsboro, Pa.

James C. Presley

Son

Tarentum, Pa.

That deponent, whose P. O. address is 117 First Ave., Tarentum, Pa. is a resident of Pennsylvania, and respectfully petitions the Register to admit said will to probate, and to grant letters of administration cum testamento annexo on said estate to her.

Sworn and subscribed before me 25th Jany A.D. 1913.
Wm. Conner Register.

                                                                   Margaret A. Presley  

Allegheny County, as:

I, Margaret A. Presley, do swear that, as I verily believe, the above-named John Presley died on the 3rd day Of January A.D. at 2:40 A.M., and I do further swear that, as the administrator cum testamento annexo  of the estate of the said decedent, John Presley, I will well and truly administer the goods and chattels, rights and credits of said deceased, according to law, and also will diligently and faithfully regard and well and truly comply with the provisions of the law relating to collateral inheritances.

Sworn and subscribed before me 25th Jany A.D. 1913. and letters of administration cum testamento annexo granted unto Margaret A. Presley
                                                                                         Margaret A. Presley
Wm. Conner
Register.

 


Source:  Allegheny County, Pennsylvania
              Will Book 117, Page 470