In the Name of God Amen
I Henry Prather Esq of Antrim Township County of Cumberland & Province of Pennsylvania being Weak in Body but of sound & Perfect Mind & Memory Blessed be Almighty God for the Same do Make & Publish this my last Will & Testament in Manner & form following Viz first I recommend my soul into the Hands of Almighty God who Gave it as for my Body to be Remitted to the dust & Buried in A Decent manner according to the Discretion of my Executors, hereafter Mentioned Nothing Doubting but at the General Resurrection I Shall Receive the Same again by the almighty Power of God & as Touching such Worldly Estate Wherewith it has Pleased God to Bless me in this Life I Give Devise & Dispose of the same in the manner & form following ---- Imprimis it is my Will & I do Order that In the first Place all my Just debts & funeral Charges be fully Paid & satisfyed. Item I Give & Bequeath unto my Beloved Wife Elizabeth Prather the full Possession & Property of the Land I now live on with its appurtaenances thereunto belonging until her Death or Mariage & from thence to Receive the Issues & Profits arising to her own Proper use & Behoof except only what may be Used for the Maintainance & suitable Cloathing of the Children or the Heirs, hereafter Mentioned untill they arive to Age, & I do further Order that all the Moveable Effects be kept & remain on the aforesaid Plantation untill her Death or Mariage & then I do will & Order that the said Plantation with the moveable Effects be sold to the Best Advantage but in Case of her Mariage then I do Order that She do Receive one Third of the Real & Personal Estate except what is hereby Bequeathed to the other Heirs, of my Estate, & I do further Give & Bequeath unto my Beloved Wife the Negroe Wench Named Pheby her Heirs & Assigns forever. I do also Give & Bequeath unto my Eldest Son Thomas Hicks Prather the Quantity of three Hundred Acres of Land Situate & Laying on Tortle Creek in the County of West Morlain formerly in Possession of Tho. Small his Heirs and Assigns forever
& I further Give & Bequeath unto my said Son Thomas my Negroe man Named Bill his Heirs & Assigns forever.
I do Also Give & Bequeath unto my Daughter Mary My Negro Boy Named Jack His Heirs & Assigns forever.
I do Also Will and order that my son Abraham at my Discease be put in an English School & Continued for the Space of Two Years to be taught under the Care of Simon Philips as much of said time as sd. Philips shall teach convenient.
& further I do will & order that my son Henry Junior at my Discease be put to School & Continued for the Space of four Years & that the Expence Acrueing on teaching my Said Sons Abraham & Henry be paid out of the Issues and Profits of the Plantation I now live on & that as soon as they shall Receive the time of Schooling herein Limited, I do Will and Order that they be both bound to trades such as they Shall Chose tho' I would Recommend them to be Bound to a Sadler.
I do also Give & Bequeath unto my Daughter Eleoner my Negroe Boy Named Sam & I do further Will & Order that She be put to School as soon as fitting & Continued for the space of Six Years the Expence thereof to be paid out of the Issues & Profits of the Plantation I now live on.
I do further Will & Order that In Case my Wife Dies Without Mariage that the Plantation I now live on with the Moveable Effects being Sold that the sum or sums of money Receiv'd for the same be equally Devided Amongst My Three sons Thomas Abraham & Henry Jr. & Two Daughters Mary & Eleoner Share & Share alike but In Case my said Wife shall Marry then I do Will & order that after her one Third of they Real & Personal Estate be paid unto her as aforesaid that then Only the Remainder & Residue of said Estate be equally Devided amongst the aforementioned Children share & share alike. I do further Will & order that the Remainder & Residue of my Land Not yet Bequeathed Situate & Laying on the Waters of Juniata in Bedford County be Equally Devided amongst my three sons, Thomas Abraham & Henry Jr. share & share alike.
I do also Give & Bequeath unto my son Henry Prather Junior My Little Bay Mare & her Colt if she be with Colt to be Given to him at the time of her Colting or at such season as she is Expected to Colt without any Dispute arising from any Person.
And Lastly I do Constitute make appoint & Ordain my Brother Richard Prather & My son Thomas Prather whole & sole Executors & my Wife Elizabeth Prather Executrix of this my Last will & Testament & I do hereby Utterly disallow Revoke & disanull all and every other former Testaments Wills, Legacies Executors, & Executrixs by me in any Ways before this time named Willed & Bequeathed. Ratifying & Confirming this and no other to be my Last Will & Testament. In Witness Whereof I have hereunto set my hand & Seal This Twenty Eighth Day of August In the Year of Lord One Thousand Seven Hundred & Seventy five. 1775
Signed Sealed Published & Declared
by the abovenamed Henry Prather, Esq. -
to be His Last Will Testamt. In the
Presence of us - who have hereunto
subscribed our Names as Witnesses in
the Presence of the Testator ----
Cumberland County ss -
Personally appear'd before me the subscriber One of his Majesties Justices of the Peace for the County aforesaid, and Deputy Register for the probate of Wills and granting letters of Administration within the same Henry Pawling & Andrew Miller who being Sworn according to law do depose and say that they were personally present with Henry Prather Esqr. at the time of his late illness, who requested the said Henry Pawling to take Pen & Ink and draw minutes of his Henry Prathers Will, which he accordingly did, and Saith that the said Henry Prather, Sentence after Sentence did plainly & fully dictate the said minutes or last Will now to be filed in the Registers office, and that the said Pawling and Miller, both declare & Say that the Said minutes were at least twice read paragraph by paragraph to the said Prather, who gave his assent to every sentence and that Andr. Miller asked the said Prather concerning the schoolling of his Daughter Elioner which had been Omitted in the minutes to which he replyed that she should have a proportional or proper share of Schoolling with that of his other Children - and these deponents further say that the said Henry Prather at the time of his ordering and assenting to the minutes or Testament above mentioned was of sound & disposing mind & memory as these deponents believe And that the said Henry Pawling then proceeded to draw the minutes into the usual form of a Will, as is within written, but when the written Testament was finished the Testator was found incapable of the usual form of executing it.
Sworn and Subscribed this
24th day of October 1775
Cor. John Armstrong
D. Rr.
Henry Pawling
Andrew Miller