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June 2004


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The following are typical of summaries of Christian Kaub's 1805 will.
Family Tree Maker Genealogical Records: Pennsylvania Wills, 1682-1834 CD#209
KAUB, CHRISTIAN.
May 18, 1805 - June 10, 1805.
All land to be sold and 1/3 of estate to wife Catharine.
To son Christian £10 beforehand, and then in equal shares according to age, to wit: Anna Maria, Christian, Peter, John, Jacob, Andrew and Michael. Exrs: Sons Christian and Pau.
Wits: Bernard KEPNER, Jr. and Andrew BOLICH.
Translation.

From Pioneers and Patriots "Over the Blue Mountain" Vol 1 - revised
copyright 1994 F.Richard Turnbach
KAUP, Christian
Berks - Brunswick WA-501
Made: 18 May 1805 Probate:10 Jun 1805
Wit: Bernard KEPNER, Andrew BOLICH Execs: sons Christian and Peter
Spouse: Catherina Children:: [age order] Anna Maria; Christian, Peter, John, Jacob, Andrew and Michael

Interestingly, both Family Tree Maker and F. Richard Turnbach list the children in the order mentioned in the will claiming that this represents their age order.
It must be noted that the text of the will given below is from a translation of the will and that the name "Kaup" does not appear. (Presumably F. Richard Turnbach wrote what he expected it to be and not what was actually there, or he may have accessed the original rather than the translation to which I have access. Please note this is not intended in any way as a criticism of the invaluable contributions of F. Richard Turnbach to all our research. I am merely indicating that even such a well respected secondary source should be checked.) However the translation of the will does refer to Catherine Kaub , and the name Christian Kaub appears twice at the end of this document - once as the person who signed the will, and once in the translator's statement identifying what the document is i.e. "Translation will of Christian Kaub decd"
It is my opinion that the wording of the will, specifically "... the executors shall paid the debts and the remaining money shall be shared in equal shares among the remaining heirs, First my daughter Anna Maria shall have the first share, and then according to their age unto the youngest to wit Christian, Peter, John, Jacob, Andrew and Michael", indicates that Anna Maria is not necessarily the eldest. If Anna Maria was, in fact, the eldest, then sharing the money "according to their age unto the youngest" would have achieved Christian's intention. That he ensured that Anna Maria was dealt with before her brothers implies that she may have even been the youngest, or at least the only daughter. Omitting the words "and then" from consideration when interpreting this will is misleading.

Translation of Christian's will.
"In the name of the holy Trinity Amen. Whereas the Holy Scripture says you must die, and not remain alive, so I commend my poor Soul to the Lord, and my Body I give to the Earth, and conclude in this my last will as follows, First shall my land which I have in my Titles be sold to the highest bidder at public vendue and the executors shall [??] as to the purchase money, and the [??] themselves, further all my personal estate shall be sold at public vendue, but my wife Catherine shall have a cow and a swine to wit the first choice of both herds, and the third part of the personal estate, shall belong to my wife Catherine, Secondly, after the vendue shall have been held, then my son Christian shall have ten pounds beforehand, and then the executors shall paid the debts and the remaining money shall be shared in equal shares among the remaining heirs, First my daughter Anna Maria shall have the first share, and then according to their age unto the youngest to wit Christian, Peter, John, Jacob, Andrew and Michael. And after the purchase money and the vendue money is shared then the [bonds?] of the remaining money shall remain in the executors hands, and pay yearly a bond as it [??] due unto the next heir, according to their age, Thirdly, my wife Catherine shall have out of the plantation as follows, to wit, five bushels of wheat, fifteen bushels of Rye, five bushels of buckwheat, and one hundredweight of pork, and fifty pounds of beef, and if there are apples two barrels of cyder, ten weight of flax, and twelve dollars in money, further, the owner of the land is bound that Catherine Kaub may possess the room which she at present lives in, as long as she lives. Further, the owner of the land is bound, if they cannot live in peace together, he must build her a house near to the spring, where the spring house stands, near the orchard, and a stable for the cow, and and further [??] for the cow, must deliver yearly in the stable, and the lower part of the garden where the door is, unto the other door, what is below the first road, and a quarter of an acre of land must be given unto her for potatoes the owner must plough the land and prepare it with his potato land, further the owner of the land must take the grain to the mill for Catherine, as she may want it, and must bring it home again, and must cut her wood and haul it, and cut it small enough fit to make fire as much as she may want. One of the two stoves, my wife Catherine shall have in her use as long as she lives, after her death the stove must fall to her heirs, the cow must go on the place where the owners cow goes further should my wife Catherine get sick and feeble then and in that case the owner of the land must wash, mend and wait on her only, my [??] sons as Christian and Peter, I appoint as executors, and empower them to make a good title to the purchaser. I acknowledge in virtue of my subscribed name, and my there unto affixed seal that this is my last will and testament and that every thing shall be kept accordingly this day the 18th day of May 1805
"In the presence of Witnesses <.. cannot decypher ..>
"Christian Kaub
"Translation will of Christian Kaub decd"
Note [??] indicates word[s] that cannot be decyphered on the copy provided.


daryl, june 2004