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Last Will and Testament of Jacob Hiestand


Jacob Hiestand was my 5 great-grandfather, and was born circa 1697 to Abraham Hiestand. He was married to Anna, possibly Schelli, and he died 30 March 1769. My ancestor among his children was Elizabeth. The source of the will is:
Jacob Hystand will (27 March 1765, probated 6 June 1769), Philadelphia County Will Book O: 378-380, Will no. 278, City Archives, 401 City Hall Annex, Philadelphia, Pennsylvania 19107. Microfilm 21726, Family History Library, Salt Lake City, Utah.

The transcript of the Will read:
In the Name of God Amen. Whereas I Jacob Heystand of Upper Hanover Township in the County of Philadelphia and Province of Pennsylvania Yeoman do find myself in an advanced age but of Sound mind understanding and memory Thanks be to God and calling to mind the mortality of my Body and knowing That it is appointed for all Men mu to die. So do I on this twenty seventh day of March in the Year of our Lord one thousand seven hundred and sixty five, make and ordain this my last Will and Testament
And first of all I recommend my Soul into the Hands of Almighty God that gave it, and as concerning to such Worldly Estate, wherewith it hath pleased God to Blefs me in this life ##
I do hereby dispose of the same in the following Manner
Imprimis I give and bequeath unto my beloved Wife Anna the Sum of One hundred Pounds of lawful Money of Pennsylvania to be levied at first out of my Eftate for her Ufe and Behoof during her Lifetime And further it is my Will That my Wife Shall have get and receive her yearly Subsiftance of my Plantation during her Lifetime of any of my Children That Shall chuse to keep my Plantation in the following Manner, That is to say, ten Bufhells of Wheat five Bufhells of Rye Ten Bushells of Buckwheat One Cow and one Sheep to be held in fodder in Summer and Winter Time to hold one hog to Serve one Quarter Acre with Flax and one half Quarter with Indian Corn and She is also to have the fourth part of the Kitchen Garden and Apples and peaches as much she has need of for her use and one hogshead Cyder and Six Gallons Brandy Chickens and Eggs, which she has neccefsary. And full Privilege and Liberty to live in the Houfe where we now live and Room and Liberty in the Cellar for her Ufe and else everywhere on my said Plantaion. As also firewood to be carried and cut for her use All to be held and delivered her during her Lifetime And I do further give and bequeath unto my said beloved Wife Anna my Bed, Chest and one Cow and all and every other Sorts of Household Goods and Tools whatever I may happen to be in Pofsefsion of at the Time of my Death, to keep the same during her Life Time at her own discretion. But in Case All my Children Should agree to fell my said Plantation to any Body else Then it is my Will That my Children Shall give to my Wife Yearly the Sum of Ten Pounds of lawful Money aforesaid, instead of her above described Yearly Subsiftance and that then ony said Wife shall be at Liberty to go to live with any of my Children where she pleases.
And I do further give and bequeath unto my eldest Son Jacob Hystand the Sum of Five Pounds, beforeout, And further I do give devise and bequeath my Plantation Situate in Upper Hanover Township in the County of Philadelphia aforesaid adjoining the land the land of Jacob Wagensil, Andrew Mowre, Jacob Mowre, Peter Mowre and John Mock and Containing one hundred fifty Acres of Land or thereabouts with all the Appurtenances whatsoever Which I do hereby Value at the Rate and Price of Eight Hundred Pounds of lawful Money of Pennsylvania unto my Son Abraham Hystand his Heirs and Afsigns forever To hold to him his Heirs and Afsigns forever in Case he should intend to keep the same for the said Price, But otherwise I give devise and bequeath my said Plantation unto my Youngest Son Ifaac Hystand his Heirs and Afsigns To hold to him His Heirs and Afsigns forever in Case he Should intend to keep the same for the said Price. But if not, Then it is my Will That any of all my other Children Shall have an equal Right to whom it may Suit best to take keep and hold my said Plantation with all Appurtenances whatsoever for the abovementioned Price their Heirs and Afsigns forever. But in Case none of my Children Should incline to keep and hold the same Then I give them full Liberty to sell the same whenever they please it is also my Will That if any of my Children Should keep nd hold my said Plantation That the same Shall pay the said Consideration of Eight hundred Pounds on the following Terms As one hundred Pounds then ready down and then on every Year then following the Sum of Fifty Pounds untill the said Sum be fully paid unto the others of my Children in such a Manner So that each of them Shall get the Sum of Twenty five Pounds thereof, as at first my four Sons according to the Rank of their Age, and Then my Seven Daughters according to their Age to begin from the oldest. And I do hereby fully impower my hereunto named Executors to Sign Seal Execute and Deliver a Deed for my said Plantation and Land unto That of my Children, That shall intend to keep the same or to such other Perfon as shall intend to Buy the same as abovesaid
And further it is my Will that my Youngest Daughter Magdalena Shall have & get so much for her Marriage portion as my other Daughters have got of my Eftate.
And I do hereby give and bequeath unto my four Sons as Jacob and John and Abraham and Ifaac Hystand and to my Seven Daughters, as Margareth, now the Wife of Martin Clemmer and Barbara now the Wife of Abraham Beyer and Anna now the Wife of Samuel Detweiler and Mary now the Wife of Leonard Metz; and Elizabeth now the Wife of Abraham Stouffer, and Sufannah and Magdalena and their Heirs and Afsigns for ever All my Moveable & immoveable Real and Perfonall Eftate whatsoever to be equally divided among them Share and Share alike Except as above bequeathed according to the true intent and meaning of this my last Will and Testament. And I do hereby Nominate Constitute and Appoint my Two eldest Sons Jacob Heystant and John Heystand to be the Sole Executors of this my last Will and Teftament And I do hereby declare this and no other to be my last Will and Teftament. And I do desire that all may be done and performed according to the True intent of the same
In Witnefs & Confirmation whereof I the said Jacob Hystand have hereuto Set my Hand and Seal on the day and Year as first above written.
Jacob Hystand (Seal)

Signed Sealed Published and declared by the said Jacob Hystand as his last Will and Testament in the Prefence of Us
Jofousant Wagonseil
David Shultze

Philadelphia June 6 th 1769 Personally appeared John Wagonseil and David Shultz the two Witnefses to the within Will and the said John Wagonseil on Oath and the said David Schultz on his Affirmation according to Law respectivey declare and say that they saw Jacob Hystand the Testator therein named Sign Seal Publish and declare the same Will for and as his last Will and Teftament and that at the Execution thereof he was of Sound disposing Mind Memory and Understanding to the best of their Knowledge and Belief.
Coram Benjamin Chew , Reg r Gen l.

Be it Remembred that on the fixth day of June 1769 the last Will and Teftament of Jacob Heystand deceased in due form of Law was proved, and Probate and Letters Testamentary thereof were granted to Jacob Heystand and John Heystand Executors in the said Will named being first duly Affirmed well and truly to Administer the said deceased's Eftate and bring an Inventory thereof into the Register Generals Office at Philadelphia on or before the Sixth day of July next and render a true and just Account of the said Administration on or before the Sixth day of June 1770. Given under the Seal of the said Office.
Benjamin Chew Reg r Gen l .


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