Old Wills

Webster defines a will, in law, as 'the legal declaration of a man's intentions as to what he wills to be performed after his death in relation to his property.'

The purpose of these comments is not to give counsel nor to belittle those whose wills we have read. Rather they are intended to reveal the way wills and or dispositions were made concerning the disposal of possessions of the individual back in the 1700's.

There were many bequests of all varieties. Some of them may appear to us now as hilarious, but we must remember the maker could not have been more serious about how his loving survivors, particularly, the wife would be provided for during her natural life, or how his farm, etc., would be divided after he left this world.

In our searches, we have only scratched the surface. We ended our reading in the year 1800. There are more than twenty large volumes in the Register and Record's office.

The oldest will recorded in Bedford County is dated February 6, 1769. It was written in German. Actually, the first entries in will Book Number 1 are Memoranda, which are notices that letters of Administration were granted and that the deceased possessions would be inventoried and exhibited on a certain day. This was especially necessary when a will had not been made.

We found wills and memoranda of many of our earliest residents who helped to make Bedford County's history, such as John Fraser (father of the first child born outside the fort in Bedford), Garret Pendergrass, William Coulter, Thomas Kenton, Major John Cessna and dozens of others who lived during the 1770-1800's.

We also found wills of persons who lived in Barre, Dublin, Bethel, 'Aair' (Air), Brother's Valley, Turkeyfoot and Frankstown Townships. All these townships were at that time part of Bedford County. Now, they are located in Fulton, Somerset and Blair Counties. We found several wills which were made in Cumberland and York Counties, but were recorded here. Apparently the individuals moved here in the meantime and later died in this county.

When wills and letters of Administration were made 200 years ago there were no taxes imposed upon the grantee or grantors as there are today. Generally the wife was granted letters of Administration unless specifically stated. When the wife had little or no education, this duty was assigned to another person.

One question remains unanswered. The first will made by a female was June 15, 1798. Why were there no wills made by a woman for seventeen years?

Two centuries ago there were not too many men educated enough to draw up a will. Usually in every community there was one who was looked upon as knowledgeable enough to provide this service. He was known as a 'scribe.'Perhaps this term goes back to an old English period. A'Scribe' was one who was skilled in law or one who could read law to the people. He was also known as a penman.

When a scribe was called upon to write a will for one who felt his days were few on this earth, it was his policy to write the most superfluous will possible. The more words that were included in the will, the larger was the fee for writing it. This is why most of the old wills contained references beautifully written whereby the maker specified that he gave his body and soul into the hands of the Almighty and that his body be buried in a decent and Christian manner. Also, all the flourishes made the ill person feel so much better. He now had a will written entirely different from anyone else, and, he could die in peace knowing that all his possessions would be disposed of as he directed and that his loved ones would be provided for during their natural lives.

Most wills contained a paragraph pertaining to the dear and loving wife. In one we found that a son was instructed to provide his mother with two pairs of shoes yearly. Another specified that his wife be given the 'large wheel and small wheel'. It is possible the husband was referring to Spinning wheels. Several wills were found to contain specific references to these household items along with quantities of flax.

One husband specified that a son give his mother from the farm, fifteen bushels of wheat, ten hushels of ‘rie’, ten bushels of Indian corn yearly during her lifetime and to take the grain to the mill and bring the flour to her, also to ‘hall’ dung into the garden and plow it and find fire wood at her door.

Another specified that his wife was to be provided for only as long as she remained his widow but no longer. In addition she was to have one room in the northeast end of the house with her bed and bedding and as many kitchen utensils as may be necessary for her use, one cow and yearly, from year to year, receive from the estate as much pork and beef and grain of each sort as was necessary for her support of her body and flax and wool for her clothing, or, fifteen bushels of good wheat per year, ten bushels of rye, five bushels of Indian Corn and one hundred weight of pork, one hundred weight of beef and fifteen hundred weight of hay to be delivered from the estate. One father asked that his daughter be given a cow she could catch.

Sometimes one could read between the lines about the feelings which existed between family members. One father specified how his estate was to be given or divided between all of his children except one. This child was to be given one penny because this was all he was worth.

One will maker directed that his sister be given a cow within eight days after his death and the two apprentices be hired out and their 'wadges aplyed' to 'cloath' them and pay for their freedom.

A father provided in his will "if mother wants to keep the children with her, they must stay with her, the two youngest sons shall learn trades."

One beloved wife was given the home place for three years for her own use and her choice of horses and cows together with her bed and bedding. Another wife received three hundred pounds (money).

One prominent farmer willed that his farm be divided between three sons equally, each to have a cow, at the value of five pounds. One to have a plow and two pairs of gears and all things necessary to fix a plow, an ax and matlock, while the other son was to get the rifle gun or five pounds instead of it.

A man willed that one brother in the Kingdom of Ireland be given eight shillings and four pence and another brother in the same land sixty pounds.

An interesting will was found where a grandson was to obtain a farm and 'track' of land," it being in a small 'valy' between rays hill and sidling hill on both sides of the old trading path from Raystown to Fort Littleton."

One husband, at the end of his will, specified that his wife be given the little 'bound girl', Susan. by name, as long as his wife shall live.

Tracts of land in the wills, (also found in old deeds) were referred to as 'plantations' One reference was found about a plantation located at 'Toddsburg, Bedford Township.'

Wills were usually started with "In the name of God, Amen."

Today, wills are much simpler. The usual formality is now to state that the maker revokes any and all previous will or wills and thus publishes this his last will and testament. The part pertaining to being of sound mind and memory and understanding is a carryover from wills of two hundred years ago.

In most cases wills are now made by an attorney, usually at a flat or stated fee, particularly if they are short.

Wills like everything else, have changed considerably in the past two centuries.