YORK COUNTY, AT AN ORPHANS COURT HELD AT YORK FOR THE COUNTY OF YORK ON THE 27TH DAY OF SEPTEMBER A.D. 1864 BEFORE THE HON. ROBERT J. FISHER ET AL JUDGES OF THE SAME COURT DULY ASSIGNED.

   The petition of Henry J. Sherman, son and Mary Catherine Sherman, widow of Henry Sherman late of West Manheim Township, York County, deceased, respectfully represents:  That the said Henry Sherman deceased, died on the 22nd day of September 1864.  That in his lifetime to wit, on the 5th day of October 1863, he mad his last will and testament, which since h8is death was duly admitted to probate in the office of the Register of Wills of York County, Pennsylvania, on the 26th day of September 1864 and that letters of administration with the will annexed were duly issued to the said Henry J. Sherman:  that said will contains the following clause:  “I order and direct that the remainder of my Real Estate be sold by an order of the Orphans’ Court of York County as soon as conveniently can be done after my decease, and it is my will, and I do direct that my daughters Matilda Parr shall have the sun of Two thousand dollars paid to her out of the proceeds of such sale: and I do also order and direct that my daughter Catharine Shue shall have the sum of Two thousand dollars paid to her out of the proceeds of such sale, and then if after paying all my just debts, funeral expenses, there should be remaining any balance of the proceeds of such sale, I order and direct that the same be equally divided between my son, Henry J. Sherman and my two daughters Halena Nace and Sybilla Musselman”.  That the said testator died seized in his demesne as of the fee of the following real estate, to wit:  No. 1: being a tract of land situate in West Manheim Township, in the County and state of aforesaid, adjoining property of Jesse Hauck, Ephraim Nace, Samuel Sterner, and the heirs of John Kence, decease, containing about two hundred and forty-seven acres.  No. 2, being a tract of land situated in West Manheim Township in the County and state aforesaid, adjoining property of David Myers, Ephraim Nace, Widow Coomer, Adam Ontz and Henry J. Sherman, containing about eighty acres.  That by the said will there is no person designed by name or description to sell said real estate, and further that said will directs that said real estate shall be sold by an order of Your Honorable Court.  Your petitioners therefore pray an order of said Court may be issued authorizing and empowering said Henry J. Sherman and Washington Musselman to sell the said real estate in two or more pieces as they may find advantageous fro the purpose of carrying out the directions of said will.

               Mary Catherine Sherman (X - her mark)
               H. J. Sherman

Above and foregoing facts sworn and subscribed to before George A. Heckert, J. P.

Whereupon the Court award an order for the sale of said real estate as set forth in said petition to Henry J. Sherman and Washington Musselman, Trustees appointed by the said Court to make sale, on their filing bond with approved security in the sum of Twelve thousand dollars ($12,000) to be approved by one of the Judges of the Orphans’ Court and order and direct them to expose said real estate to public sale on the premises, after first giving due and legal notice of the time and place of sale, and sell the same for the best price that can be had there for.  Return of their proceedings herein to be made by the said Trustees to the next Orphans’ Court after such sale according to law.

October 8 A.D. 1864
Bond filed and approved by the Court

Samuel Siegler, Clerk O.C.

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   In the name of God Amen.  I, Mary Catharine Sherman of West Manheim Township, York County and State of Pennsylvania am sick of body, but of a sound and disposing mind, memory and understanding and considering the certainty of death but the uncertain time thereof therefore I publish this my last will and testament, hereby revoking and making void all former wills here fore by me as anytime made.  In form and manner as follows to Wit:  First and  principality, I will commit my Soul into the hands of God, who gave life and my body is to be decently (interred in the Mount Olive Cemetery, in the place which is already provided for me), First and foremost I want all my just debts and funeral expensive to be paid as soon after my decease as can conveniently be done and it is my will and I do hereby order and direct that all my household furniture and all my monies and estate that is has pleased God to Bless me with, I will and bequeathed unto my beloved Son, Henry J. Sherman and to his heirs and assigns forever, Being he had the trouble of attending and waiting on me during my sickness and supporting me while in health since my husband’s death and for which and out of said bequeath he is to pay my Doctor bills and my coffin, and pay all expenses arising from my funeral, excepting my large German Family Bible, I give and bequeath unto my grandson, Ferdinand Roads Sherman, to his heirs and assigns forever.  Lastly I do hereby nominate, constitute and appoint my Beloved Son, Henry J. Sherman executor of this my last will and testament, as written on this one sheet of paper.

As witness my hand and seal this sixteenth day of January A.D. 1869


Signed sealed and delivered in the presence of us, who in the presence and as the request of said testimony have hereunto subscribed our names witness.
William Zumbrun
Jimmy  (last name unreadable)
J. D. Steiner
Filed February 25, 1869  -- recorded in Book H, No. 23, page 452.

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NOTE:  THE ABOVE WAS TYPED FROM A HANDWRITTEN COPY OF THE WILL AND WAS  TRANSCRIBED AS BEST AS POSSIBLE.   April 2001