Western Pennsylvania Family History Research

Last Will and Testament of Elizabeth Prather

In the name of God, Amen. I, Elizabeth Prather of Washington County State of Maryland, Widow of Samuel Prather, deceased late of said County and State, being in frail health but of sound and disposing mind memory and understanding, Considering the certainty of death and the uncertainty of the time thereof and being anxious to settle all my worldly affairs and thereby be the better prepared to leave this world when it shall please God to call me hence, do make and publish this my last Will and Testament in manner and form following that is to say.

First and principally I will and direct that my just debts and funeral expenses be paid out of my personal property Ext herein devised.

I will and bequeath to my daughters Ruth Prather, Ann Elizabeth wife of William Cushwa, of David, and Louisa Mary Prather all my household and Kitchen furniture, except as hereinafter devised, also to my said daughters everything connected with, belonging to, or in the Smoke house at my residence the meat therein excepted: to be divided share and share alike between my said daughters Ruth, Ann Elizabeth & Louisa Mary.

I will and bequeath to my son Jonathan Prather my negro boy Henry until said Henry shall have arrive at the age of twenty eight years at which time said Negro boy Henry shall be entitled to his freedom.

I will and bequeath to my son Jonathan Prather all the money now due me by my son Jonathan; also seventy dollars which is also due me by Son Jonathan; on the settlement made with me by all the heirs of my late husband; in relation to the slaves of my late husband, I further will and direct that no charge shall be made against my son for services rendered as his Guardian by me.

I will and bequeath to my Son Jonathan his father's gun and desk. Also six silver table spoons, and whereas it was agreed to by all the heirs of my late husband that my son Jonathan (it being the dying wish of his father) should have and hold in his possesion, and enjoy all the profits of the farm on which his father died until said Jonathan should arrive and the age of twenty one years. Now I do hereby will and direct that if my son Jonathan should refuse or decline cultivating said farm before he arrives at the age of twenty one years then and in that case my Executor hereinafter named shall pay or cause to be paid to said Jonathan Prather out of my estate the sum of one Hundred dollars annually from the time he declines keeping my farm until said Jonathan shall be twenty one years and no longer.

I will and bequeath to my son in law John Snyder of Ohio One hundred and fifty dollars provided that that there shall remain in the hands of my Executor after the payment of any debts & the legacies hereinbefore provided the sum of twenty two hundred dollars otherwise the aforesaid legacy to said John Snyder shall be void and of none effect.

I will and bequeath to my children Ruth Prather, Ann Elizabeth Prather, wife of William Cushwa, Louisa Mary Prather and Jonathan Prather all the property and effects I leave behind ??? to be divided share and share alike between them with the exceptions hereinbefore and hereinafter provided.

I will and direct that my servant Girl Rachael shall be hired out, until she is twenty six years old, and her wages to be annually divided between my daughters Ruth, Ann Elizabeth and Louisa Mary.

I will and direct that my aforenamed Servant Rachael shall be free when she is twenty six years of age.

I will and direct that all my Cows shall be equally divided between Ruth, Ann Elizabeth and Louisa Mary my three daughters with the exception hereinafter provided.

I will and bequeath to my servant Woman Amy her freedom after my death likewise one Cow and two out hogs and is to be supported all her life from the entire estate of Samuel Prather deceased.

I will and direct that all the Provisions on hand at my decease should be for the use of the family.

It is my will and desire that every thing should remain in the Condition they may be in at the time of my death until Jonathan is twenty one years of age, provided he remains on the farm except as made and provided for my Servant Amy.

I hereby appoint William Cushwa of David, Sole Executor of this my last will and Testament.

Elizabeth Prather (seal)

Signed sealed published and declared by the said Testatrix as and for her last Will and Testament in presence of us who at her request have subscribed our names as witnesses thereto, Done on this twenty fith day of November in the year of our Lord eighteen hundred and forty seven

J. Robert Ward
Tobias Johnson
Mary Johnson

Maryland Washington County Sct.

On the 8th day of January 1848 came J. R. Ward and on the 8th day of February 1848 came Tobias Johnson and made oath on the Holy Evangely of Almighty God that they did see the Testatrix within named sign and seal this will, that they heard her publish pronounce and declare the same to be her last will and testament; that at the time of her so doing she was to the best of their apprehension of sound and disposing mind memory and understanding, that they together with Mary Johnson the other subscribing witness thereto subscribed their names as witnesses to this will at the request and in the presence of the Testatrix and in the presence of each other.

And on the 8th day of February 1848 came William Cushwa the Executor named in the aforegoing Will and made Oath on the Holy Evangely of Almighty God that this is the true and whole will of Elizabeth Prather that has come to his sight or knowledge and that he does not know nor has he heard of any other.

Sworn to in Open Court before the subscriber Register of Wills for Washington County

James Wason

{Extract sent to Colonization Society 12th Febry 1848}