- In the name of God amen I, Benjamin Weatherby of the Township of Fredyffrin County of Chester and Province of Pennsylvania Innkeeper being weak of body but of sound mind and memory. Imprinis I command my soul into the hands of Almighty God who gave it me and my body to the Earth to be buried at the discretion of my Executors hereafter mentioned from it came in hopes of a joyful resurrection through the merits of Christ Jesus my Redeemer and as touching the worldly estate it hath pleased God to bless me with. I give, bequeath and dispose in the following manner. I will and order that all my just debts be fully discharged by my Executors here after mentioned also I do will and order all my personal Estate to be sold excepting my negroe wench Sarah who I order to be and remain with my wife during her widowhood and after that her and her issue if any she may have to be sold by my Executors and the money arising from the sale thereof to be equally divided amongst my wife and children. Item I also give an bequeath to my wife her choice of one of the best beef and one of the best cows during her lifetime. I also will and order my Executors hereafter mentioned to sell and dispose of my land lying and situate in East Caln Township County and Province aforesaid. I also order my Executors to sell and dispose of my house and lot that I purchased of George Agden lying and being situate in the borough of Wilmington, New Castle County on Delaware. Also I order and will my Executors hereafter mentioned to sell sixty five acres part of the land that I purchased from John Fairlamb high sheriff of late which was the property of Anthony Wayne deceased to my son Samuel Weatherby providing he can agree with my Executors and if he will not agree with my Executors why then my Executors are to dispose or retain the said land during my wife's widowhood or as they may judge most beneficial for the estate. I also order and will that the money arising or accruing from the sales of the personal and real estates before mentioned to be applied in discharging my just debts and the residue or overplus that may remain over and above paying the debts is to be equally divided amongst my wife and my children now living (viz) Whitehead, Samuel, David, George, William, Benjamin, Septimus and Richard. Item I will and order that my plantation situate in East Town, County and Province aforesaid whereon I formerly dwelt and the residue or remainder of the tract of land that was formerly Anthony Wayne's deceased property be kept and reserved unsold for the use and support of my during her life to bring my younger children up to the years of maturity providing she remain my widow and if she should marry or die why then my Executors are to sell the said lands and premises and the money arising therefrom by sale thereof to be equally divided amongst or between my wife and my children now living (viz) Whitehead, Samuel, David, George, William, Benjamin, Septimus and Richard. I will and order that the land and meadows that I have leased from Isaac Minshal be kept for the use of my wife and children during the lease in her widowhood providing she pays the rent accruing thereon and if she should marry or refuse keeping of it during the lease why then my Executors is to sell the lease and if any overplus should be gotten to be equally divided between my wife and my children before mentioned and I do hereby constitute and appoint my son Whitehead Weatherby my brother in law Barnhard Van Leve Doctor in Physics and my friend Isaac Wayne to be my whole and sole executors of this my last will and testament to act and dispose according to the true intent and meaning of this my said will. Lastly I do hereby revoke and make void all former will or wills by me made or declared declaring this to be my last will and testament. In testimony whereof I have hereunto set my hand and seal this twentieth day of August Anno Domini 1766.
Benjamin Weatherby of Tredyffrin. Innkeeper. August 20, 1766. September 1, 1766. Provides for wife. Executors to sell land in East Caln and house and lot in Wilmington, Delaware, bought of George Ogden, also 65 acres part of that purchased of John Fairlamb sheriff, formerly the property of Anthony Wayne deceased. Money to be equally divided amongst wife and children now living, viz., Whitehead, Samuel, David, George, William, Benjamin, Septimus and Richard. Remainder of real estate to be sold on death of wife and divided as above. Executors: Son Whitehead and brother in law Barnhard Van Leer, Doctor, and friend Isaac Wayne. Witnesses: Joshua Evans, Samuel Turbet.
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Notes |
- Benjamin was the proprietor of the Blue Ball Tavern in Chester Co., Pennsylvania. He owned a large tract of land which was, at his death, inherited by his eldest son Whitehead.
When the King George's war commenced in 1744, tensions were raised in Southeastern Pennsylvania as the residents of Chester county believed that the Indians, who had joined the French in arms, might invade the county. This danger led to the creation of a voluntary organization of two regiments known as the "Associators." Benjamin Weatherby was enlisted as an ensign during this time, but the regiments were never called into service.
I am unsure where the following information came from and question its accuracy:
Benjamin came to America representing his King & Queen, William & Mary, about the time the English required the Acadians to evacuate Nova Scotia. Benjamin was made a Captain of Spencer's Additional Guards in 1777, having served as an Officer of the Assoc. Reg. of PA. 1747-48. on 24 Aug 1764. [3]
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