I, Henry McCalmont, of Cornplanter township, Venango County, Pennsylvania, being of sound mind and memory, do make and ordain this my last Will and Testament -- that is to say: I will that my body be interred in a decent, christian manner, and I recommend my soul to Almighty God, hoping and believing that through the merits of my Redeemer, my soul and body will be re-united at the resurrection of the Just.
I give and bequeath to my beloved wife Margaret her bed and bedstead, and bedding, one Cow of her own choice, and all her necessary kitchen utensils; and I order and direct that all the rest of my personal property be appraised and sold, and the proceeds applied to the payment of my debts - and after the payment of my just debts, I give and bequeath to my beloved wife, in addition to the former bequest, one third part of the rents or interest of all the residue of my estate, real and personal, during her natural life -- I also give and bequeath to my beloved wife, in addition to the former bequests, my new house on the Warren road, built during the summer of 1851, and in which I now reside, with the stabling, subhouses, &c. attached thereto, together with twenty acres of land adjoining to said house, on the south side of said house, during the period of her natural life -- and after her death, to be disposed of among my children named in this my will, and in the manner and form spoken of in this my will. All of which said several bequests are given to my siad wife in lieu of, and in full satisfaction of Dower, and in lieu and instead of the amount of Three Hundred Dollars allowed to widows by the act of assembly of this Commonwealth, approved April 26, 1850 - and to be in lieu of all her portion or portions of said estate, real or personal, given to her by the laws of this Commonwealth now in force, or hereafter to be enacted.
It is my will that the residue of my estate, after the above specific legacies to my wife are deducted from the same, and after all debts are paid, shall be divided into five equal shares, if it can be so divided; and if not that it shall be sold, and the proceeds so divided -- and of division, or the sum for which it may be sold, if not divided, I do give and bequeath to my son John B. McCalmont one share; to my son Thomas Wilson McCalmont one share; to my son Alexander McCalmont one share; to my son Henry McCalmont one share; and to my daughter Sarah Prather one half of the remaining share; and to my grandson Byron McCalmont one half of said share; as soon as he attains the age of twenty-one years; and should said Byron die before attaining that age, it is my will that his share, with the interest or rents accruing thereon, be divided amongst my other children, and their heirs, in proportion to their respective shares.
It is also my will that if my son Thomas Wilson McCalmont should prefer to take the part of the tract of land that I surveyed off for him, in place of the share devised to him, that he may make his election to do so or not, at any time within one month after my decease, and should he choose the land, I hereby authorise, empower, and require my executors, or administrators with the will annexed, to convey the same agreeably to the survey made, with a general warrantee against all incumbrances, except the widow's interest, or rent, bequeathed to her as aforesaid, or as part of his share, according to the appraisement, as the case may be.
It is my will that the bequest or shares so bequeathed to my children, shall be in full of any and all claims that they or either of them may have against me, except a Judgement due by me to my son Robert who is deceased, entered on the Docket of the Court of Common Pleas of Venango County, Pa, and is due to his heirs or devisees as directed by his will.
Lastly, I hereby nominate, constitute, and appoint my beloved son John B. McCalmont sole executor of this my last will and testament.
In witness whereof I, Henry McCalmont have hereunto set my hand and seal this twenty-ninth day of March in the Year of our Lord one Thousand Eight hundred and forty-three -- hereby revoking all former wills made by me.
Henry McCalmont (seal)
Signed, sealed, published, and declared by the said Henry McCalmont the testator, at and for his last will and testament, in the presence of us, who, in his presence, and at his request, and in the presence of each other, have hereunto subscribed our names hereto as witnesses. March 29, 1853
Edwin C. Wilson
A. McCalmont
Venango County, ss.
Personally came before me William Elliott Register for the probate of wills, and granting letters of administration, in and for the county aforesaid Alexander McCalmont and Edwin C. Wilson the subscribing witnesses to the above will, who being duly sworn according to law, do say that they were present, and saw, and heard Henry McCalmont the testator sign, seal, publish, pronounce, and declare the foregoing instrument of writing as and for his last will and testament and at the time of so doing he was of sound mind, memory and understanding to the best of their knowledge and belief. Sworn and subscribed before me, the 9 day of April 1855
Wm. Elliott Register
A. McCalmont
E. C. Wilson