Thursday, April 28, 2016

Making Progress on My Auble Cousins - Post 2: Transcription of Elizabeth Auble's Will

 I wrote Making Progress on My Auble Cousins - Post 1: Finding Elizabeth's Will on 25 April 2016.  

In this blog post, I'm transcribing the 1893 will of Elizabeth Auble (1814-1899), with her two codicils.

The will images in the Philadelphia County, Pennsylvania probate records are:









The transcription of this will, including the codicils, is (with handwritten text in italics):

page 1]

BE IT REMEMBERED That I, ELIZABETH AUBLE, of the City of Phil-
adelphia and State of Pennsylvania, single woman,. being of
sound and disposing mind, memory and understanding do make
publish and declare my last Will and Testament in manner
following, that is to say.

FIRST. I direct that all my just debts and funeral expen-
ses be paid by my Executors hereinafter named as soon as con-
veniently may be after my decease.

SECOND. I direct that my funeral shall be strictly private
with as little display as possible, and that my remains be in-
terred in my burial lot in Mount Peace Cemetery and I give
and bequeath to my Executors hereinafter named the sum of
Three hundred dollars in Trust to invest the same and to pay
the income thereof to the proper Officer of the said Cemetery
Company to be devoted to keeping the said burial lot in good
order and repair and it is my will that after my remains shall
have been interred in the said lot no other body shall ever
be buried or placed therein.

THIRD. I give and bequeath to The Fidelity Insurance, Trust
and Safe Deposit Company my house and lot No. 989 Marshall St.
in Trust to hold the same and to permit my brother Hampton
Auble to occupy said property for and during all the term of
his natural life, or at his option to rent the same and col-
lect the rents thereof, he paying all taxes, water rents and
keeping said property in good order and repair. I also give
and bequeath to the said The Fidelity Insurance, Trust and Safe
Deposit Company the sum of One thousand dollars in Trust to

[page 2]

invest the same, collect the income thereof and pay the same
to my said brother Hampton for and during all the term of his
natural life. Provided, that the said property and the said
bequest shall in no way be liable to the creditors of my said
brother, nor to assignment, anticipation or alienation. The
same shall be held in the discretion of the said Trustee for
his maintenance and support. From and immediately after his
decease I direct that the use of said Trustees in Trust for
his daughter Miami Geary, Wife of Edward Geary, upon the same
trusts as are above set forth with reference to my said brother.
Upon her death, the same shall be held for her daughter Flor-
ence Geary upon the same trusts, and upon the death of the
said Florence or on the death of the survivor of the said
Hampton, Miami or Florence, then the said property No. 989
Marshall Street shall be sold by my Executors and the proceeds
thereof together with the Trust fund shall go to and vest ab-
solutely in the children of the said Florence Geary and the
issue of any deceased child per stirpes. Should the said
Florence leave no issue her surviving, then I direct that the
same shall be distributed unto and among my heirs at law as
if I had died intestate.

FOURTH. I give and bequeath to Lillie T. Auble daughter of
William H. Auble, my piano and cover.

FIFTH. I give and bequeath the following pecuniary legacies.
To my brother David Auble, the sum of One Two thousand dollars.
To my brother Robert Auble, the sum of One Two thousand dollars.
To my nephew, William H. Auble, son of my deceased brother Will-
iam Auble, the sum of One thousand dollars.

[page 3]

To my niece Euphemia Foster, daughter of my sister Sophia the
sum of Five hundred dollars.
To my niece Anna Bunting, daughter of my brother David Auble,
the sum of Five hundred dollars.
To Elizabeth Schunover, the sum of Five hundred dollars.
To my niece Elizabeth Auble, daughter of my brother Robert
Auble, the sum of Five hundred dollars.
To Anna Dickerson, wife of Wesley Dickerson, the sum of Five
hundred dollars.
To David Schunover the sum of Three hundred dollars.
To Elizabeth Mansfield the sum of Three hundred dollars.

SIXTH. I give and bequeath unto the Fidelity Insurance,
Trust and Safe Deposit company the sum of Five hundred dollars
in Trust to invest the same, collect the income and hold the
said principal and income until William Collingburg, grandson
of my brother Nathan Auble, shall have attained the age of 21
years, at which time, both the principal and accumulated int-
erest shall be paid to him absolutely. Should he die before
attaining majority, then I direct the said sum shall be held
in trust for his half brother Frank Delly upon the same con-
ditions and limitations as are above set forth.

SEVENTH. I direct that the collateral inheritance tax upon
all of the legacies in my Will shall be paid out of my resid-
uary estate.

EIGHTH. All the rest, residue and remainder of my Estate,
real personal and mixed, whatsoever and wheresoever situate,
I give, devise and bequeath unto such of my brothers as may
survive me, to be divided equally between them. The share of

[page 4]

my said brother Hampton, however, to be held upon the same
Trusts as are herein before limited and declared in the third
item of this will.

NINTH. I direct my Executors hereinafter named to sell and
absolutely dispose of all of my real estate either at public
or private sale or sales at such price or prices and upon
such terms and conditions as they may deem for the best int-
erest of my Estate and on such sales, to make, execute and
deliver to the purchaser or purchasers thereof good and suf-
ficient deeds or other assurances in the law therefor, without
a liability on the part of the purchasers to see to the ap-
plication of the purchase money. Provided, that my said prop-
erty No. 989 Marshall Street shall not be sold until after the
death of the survivors of the beneficiaries named in the 3rd,
item unless it shall in the discretion of my said Executors
be for the interests of the Trust so to do. I further direct
that all of my personal Estate not herein specifically bequeath-
ed shall be sold and converted into money.

TENTH. I nominate constitute and appoint The Fidelity In-
surance, Trust and Safe Deposit Company to be the Executor of
this my last Will and Testament, hereby revoking and making
void all wills by me at any time heretofore made.

IN WITNESS WHEREOF I have hereunto set my hand and seal this
Seventeenth day of August in the year of our Lord one
thousand eight hundred and ninety three.

                                                                        Elizabeth Auble

Signed, sealed published and declared by the said testatrix

[page 5]

as and for her last Will and Testament in our presence, who
in her presence and at her request and in the presence of
each other have hereunto subscribed our names as witnesses.
Note: The word “one” twice stricken out and word “Two” written
therein in the legacies to my brothers David and Robert at foot of 2nd page
so that Each shall receive two thousand dollars before signing.

Jas. W. Hazlehurst
329 Chestnut St.
H. H. Pigott
August 17, 1893

In addition to the legacies given in above will
I give and bequeath the following:
To Cora Struble wife of Edward Struble
residing at Newton New Jersey the sum of Three
hundred dollars.
To Elizabeth Snover, my namesake, residing
with her grandfather _____ Rosenkrantz
at Stillwater New Jersey the sum of Three
hundred dollars.
The above to be free from Collateral tax.
Witness my hand and seal this day and
year above written
Witnesses                                                          Elizabeth Auble {seal}
Jas. W. Hazlehurst
329 Chestnut
H. H. Pigott

[page 6]

BE IT REMEMBERED: That I, ELIZABETH AUBLE, of the City of Phil-
adelphia, single woman, Do hereby make, publish and declare this as and for
a Second Codicil to my last Will and Testament above written.

WHEREAS, my brother David Auble has departed this life; Now Therefore I
do revoke the legacy of Two thousand dollars (2,000) to him, and direct
that in lieu thereof the sum of One thousand dollars ($1,000) free of tax
shall be paid to his widow Sarah Auble.

And WHEREAS, my niece Euphemia Foster has departed this life; Now There-
fore I do revoke the said legacy, and give the Sum of Three hundred dol-
lars ($300) free of tax to Gertrude McCracken, the daughter of John Mc-
Cracken, of Blairstown, New Jersey.

I give and devise to Louie Dickerson, daughter of Wesley Dickerson, of
Newark, New Jersey, the sum of Three hundred dollars ($300) free of tax:
also to Mary Auble, wife of Theodore Auble, residing at Blairstown, New
Jersey, the sum of Three hundred dollars ($300) free of tax.

In all other respects I confirm my said Will.

I give and devise to David Struble the sum of Three hundred dollars
($300) free of tax.

In all other respects I confirm my said Will.

The shares of any that are minors are to be held until their arrival at
majority, the income to be accumulated thereon.

In Witness Whereof I have hereunto set my hand and seal this thirty-
first day of March Anno Domini One thousand eight hundred and ninety-six
(1896).
                                                                  Elizabeth Auble

Signed, sealed, published and declared by the said Testatrix as and for
a second Codicil to her last Will and Testament in the presence of us
who in her presence and in the presence of each other have hereunto
set our hands at her request as witnesses. (Note: “In all other respects
I confirm my said Will” on 16th and 19th lines first stricken out
before signing).

Jas. W. Hazlehurst
H.H. Pigott

The source citation for this will is:

Pennsylvania Wills and Probate Records, 1683-1993, indexed records and digital images, Ancestry.com (http://www.ancestry.com, Philadelphia County, "Wills, No. 143-170, 1899," Estate No. 145 (images 19 to 45), Elizabeth Auble estate file, died 1899.

As a single woman writing her will she bequeathed property and money to several of her siblings, to several nieces and nephews, and perhaps to unrelated persons.  She also provided for a life estate for her brother, his daughter, and his granddaughter.

Elizabeth Auble was never married and had no children.  She was the daughter of John and Anna (Row) Auble, and died 13 January 1899.  Before I found this will and read it, I had only five children in my RootsMagic database for John and Anna (Row) Auble - Elizabeth, David, William, Hampton and Robert Auble.  I had a big surprise when the will named two more siblings of Elizabeth, Sophia and Nathan.

I will list and discuss the heirs in a separate blog post.  I will then discuss each set of heirs in a separate blog post.  There are persons in this will who are not in any other online family tree.  My goal in this series is to more fully identify Auble cousins who may have family information about my Auble families, and who may share my autosomal DNA.

Suffice it to say that this will vividly illustrates the point that persons who die without issue are often the best persons to have in your family tree - they may reveal family connections by naming relatives who are extended family that are not in your family tree database.  

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Copyright (c) 2016, Randall J. Seaver

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3 comments:

Colleen G. Brown Pasquale said...

Randy, you must have been very excited to uncover the names of more siblings in the will! Sometimes I don't follow through on a single person because there will be no spouse or children listed. This is a good lesson to look for siblings. Thanks!

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Life Goes On said...

Randy, not sure if I missed it but did she leave anything to sister Sophia or had Sophia passed already.
Lots of great information in this will. Curious to where she came to have this amount of money.