Will of James Flack. (1708-1802)

In the Name of God Amen – I James Flack of the Township of Buckingham, Buck County, and Commonwealth of Pennsylvania Husbandman, being ainchant [ancient] but of sound Disposing Mind and Memory (blessed be God) do this third day of August in the year of our Lord One thousand seven hundred and ninety three (1793) Make and publish this my last Will and Testament, in form and manner following (that is to say) First I give to my dear Wife Ann, the sum of twenty five Pounds a year her life time and a cow to be kep [kept] winter and summer and Priviledge [privilege] of her own Room and all the goods there in it, and firewood surfitient brant [servant brought] to the door, and it is my will that she may dispose of them and will them to Whome [whom] she pleases, And I give and bequieath [bequeath] unto my seven Children Viz. Joseph Flack, Sarah McMullin, Robert Flack, William Flack, Samuel Flack, John Flack, and Benjamin Flacks three Children, And it is my will that My son Joseph shall have two Shares of all my Estate, and I Bequeath to my Daughter Sarah McMullin the sum of one hundred Pounds to be paid by my Executor hereafter mentioned, I give and Bequeath unto my five sons, Robert, William, Samuel, John and Benjamin share and share alike. And whereas my Son Benjamin has Deceased and left three Children, I order and it is my will that my Grandauter [Granddaughter] Edith Flack I bequeath the sum of ten Pounds, And the two other children John and Ann Flack I give and bequeath [bequeath] the remainder of my sons share to the above named Grandchildren Share and Share alike. And lastly I do make and Ordain My son Joseph Flack and John Flack Executors of this my last Will, in Trust for the Intent and Purposes in this my Will containing. And I do revoke and Disannul all other will or wills Testament or Testaments – Execution or Executions by me heretofore made declaring this Sheat [sheet] of Paper overwritten on one side and an half to be and contain my last Will and Testament.

In Witness whereof I the said James Flack have hereunto set my Hand and Seal the Day and Year above written

James [his mark] Flack {SEAL}

Signed Sealed and Delivered by the said James Flack as & for his last his last Will and Testament in the presence of us who were present at the Signing and Sealing thereof.

Robert McKinstry
Joseph Paxson
Henry Paxson

Bucks ss [sworn statement] This 11th day of Sept. 1802 appeared Robert McKinstry Sept. 20th 1802 also appeared Henry Paxson two of the subscribing Witnesses to the foregoing Testament of Writing Who on their Oath and Affirmation did severally declare I say that they were present at the execution thereof, and saw & heard James Flack within named Sign, Seal and publish the same as & for his last Will & Testament, & that at the doing thereof, he was of sound mind, & memory & Understanding to the best of their Knowledge and Belief.

Wm. Hart Dp Reg. [Deputy Registrar]

The above Will Approved 20th September 1802

As normal with a lot of my 'Source Documentation', the above 'Will' comes from my friend Carol Temlin.
When she sent me this copy of the Will she also sent me a paper her Grandfather (Charles A Liebig - Mabel Flack's husband) had prepared. It is the documentation that sells all the land left in the will so all the parties involved can get "Their Share".

Carol Temlin explained it to me as follows:-

Part one - the body of the will is what everyone gets. But how do you share and share alike when there's land involved?? You either agree to sell the land to one of the others and split the money, or sell the land outright and split the money.

Part two  -  make sure everyone who was supposed to get a set amount of money gets their money first, then send the jury out to the lands and tell them to decide what they were worth and determine whether they could practically be divided among all the  heirs (They could not).  So...

Part three - Everybody decided that they would take the money that Joseph Flack was willing to pay them so he could keep the property! and here we learn exactly where the land is situated, as well.  Cool!

To see images of the documentation just click on the Thumbnail links below:-

Will, Summons and Release Page 1.

Will, Summons and Release Page 2.

Will, Summons and Release Page 3.

Will, Summons and Release Page 4.

James Flack - James Flack's Personal Data Page