WILL OF MICHAEL RYDER


FRANKLIN COUNTY, PENNSYLVANIA WILL BOOK M (p.43); 1891



No.13353
Will of Michael Ryder
late of Peters Twp. dec'd.
Probated Apr.23", 1891

I Michael Ryder of Peters township Franklin County Penna., do now make, publish and declare the following to be my last will & Testament. Viz:

I. My executors, (to be named) shall, out of the first moneys received by them out of my estate, pay my debts, funeral expenses, and the cost of proving my Will and all other just demands.

II. I own a farm in Fannet township in said County containing 283 acres 64 perches neat, now occupied by Joseph Ryder my son, adjoining Dr. Flickinger, Robert Campbell & David J. Skinner, this farm I now will bequeath & devise to my said son Joseph in fee, and charge him therefore $20,000 payable, as I shall hereafter direct.

III. I own two tracts of land in Peter's township in said county, now occupied by Michael W. Ryder. The first is a farm containing 208 acres and 37 perches neat, adjoining Dr. Leighs heirs, the railroad, John A. Ryder and others. The second is mountain land, containing 101 acres 85 perches & allowance adjoining my other lands, Henry Eller, John Keyser & others. These two tracts I will bequeath and devise to my said son Michael in fee and charge him therefore $20,000, payable as hereafter directed.

IV. Both of my sons Joseph and Michael are at present my tenants, on the respective farms devised to them, and they are to divide the crops of this year with me under the said tenancy. But the crops of this fall they are to have entirely, and they are to have full possession of their respective properties from the first day of April 1883 & to use them as their own.

V. I am the father of eight children, that is to say, Joseph already named, Elizabeth Snyder of Mt. Joy Lancaster County, Pa Mary Ann Frantz of Waynesboro Franklin County, Pa., Adam N. Ryder, John A. Ryder both of Franklin County aforesaid, Anna Ellotsith of Auburn City N. York, Michael W. already named and Catherine Ryder of Franklin County aforesaid. Amongst these children I divide this purchase money in the following manner, viz: I leave in the farm of Joseph as an additunal advancement, the sum of $5000.00 and I leave in the farm of Michael as an additunal advancement to him $5000. They are therefore to payout each of them $15,000 to my other six children. The $5000 which by this arrangement will go to my daughter Anna (who is childless at present) is to remain in the land of Joseph for and during her life time, and Joseph is to pay her the interest annually, then on to be computed from 1 April 1883 at the rate of four per centum per annum. If she shall have children during her lifetime, then at her death, the principal sum is to be paid said children. If however she shall die without issue, then the principal sum shall go to & distributed among my other children. If any of my other children be dead & the fund comes to be distributed, the children of the dead person shall take the portion that would have fallen to their ancestor if he or she had been living at the time.

The $5000.00 which by this arrangement will go to my daughter Catharine (who is a single woman) is to remain in the land of Michael, for and during her lifetime, and Michael to pay her the interest annually thereon, to be computed from 1 April 1883, at the rate of four per centum per annum. If (as in the case of Anna) she have children during her life time, then at her death the principal sum to be paid said children. If however she dies without issue, then the principal sum to go to & be distributed among my other children. If any of my other children be dead when the fund comes to be divided, the children of the dead person to take the portion that would have fallen to their ancestor if he or she had been living at the time.

VI. My express purpose with respect to the shares of Anna & Catharine is, that they are only to have the interest of such portion as may fall to them under every contingency of this my will, the principal to be disposed of as already provided, as they may or may not have issue.

VII. The remainder of the said money to be paid out by my two sons in eight equal annual installments, all to bear interest from 1 April 1883, at the rate of four per centum per annum and the whole fund to be a lien in all the lands untill fully paid.

Thus Joseph has to pay to each of his two brothers Adam & John $312.50 & to each of his sisters Mary & Elizabeth $312.50 in each year of the eight, beginning with 1 April 1884 together with the interest due on each payment, and Michael W. will have to pay to the said Adam, John, Mary and Elizabeth in the same way as Joseph.

VIII. All the rest of my estate I retain in my own hands for the use of myself and my wife, and after my death, my said wife is to have the use then of during the her lifetime, to enjoy the interest, rents issues & profits thereof at her pleasure, and she is authorized to use so much of the principal, as may be necessary to a comfortable living, and I enjoin ot on my executors to see to this matter fully.

At the death of my said wife, I direct my executors to sell my remaining real estate & make deeds to the purchasers, collect in all moneys due to me, and reduce the whole estate thus left to money, and distribute the same as follows, viz: I have advanced to my children the following sums, to Joseph $6000, to John $5500, to Elizabeth $5500, to Mary $5500, to Anna $5000, to Adam N. $5500, to Michael $5500, to Catharine $5064.37, with these sums they are severally to be charged in the distribution, so that the shares may be equalized, and each receive an eight of my estate. But I give the same directing here, as the other portions of my will, as to the shares of Anna & Catharine, that they shall have the interest only of such share for life, and if they have issue born to them, then the principal is to go to such issue, but failing to have such issue it is to go to my other children in the manner already provided for in the distribution of the proceeds of the land of Joseph & Michael.

I appoint my two sons Adam N. & John A. Ryder my executors of this my will.

Witness my hand & seal 28th June 1882.

Michael Ryder

Attest
J. S. Nixon
F. M. Kimmel

I MIchael Ryder, do now make this Codicil to my last Will & testament dated 28th June 1882. My daughter Elizabeth had loaned to my son Adam N. Ryder, at my request the sum of $5000, but the said Adam has paid this debt to her by transfering to her, his full share of the moneys due him from the sales made to Michael W. & Joseph, by me. This was all done with my consent, and I now direct that Adams share of the said purchase money - of said two farms be paid over to said Elizabeth, as well, as her own.

As my son Michael has been unfortunate in his business affairs, I now change the manner of distribution of the portion which under my will would have gone to him. When my executors have converted the rest & residue of my estate, I direct that the share which would have fallen to Michael and that might be coming to him, by the reversion of the five thousand ollars secured for Anna, shall be invested by my executors for the use of Michael and his present wife for life, and at their death to go to their children, begotten by Michael. The method of investment I leave to the Judgment of said Executors. They may invest in land or in mortgage as they deem best. But the sum invested, shall not be subject to the debts, now or hereafter contracted by said Michael.

In witness whereof I have signed this Codicil 20th Febry. 1886.

Michael Ryder

Attest
J. S. Nixon
F. M. Kimmel

Agreement between Michael Ryder of the one part; and Joseph & Michael W. Ryder of the second part, as follows, Viz:


The said Michael has this day made his last will and devised to his son Joseph 283 acres 64 perches neat situate in Fannet township Franklin County Pa. at the price of $20,000, payable as is set forth specifically. He also devised to the said M. W. Ryder two tracts of land situate in Peters township in said County an tract, a farm containing 208 acres 37 perches neat, & another tract of mountain land containing 101 acres 85 perches & allowance at the sum of $20,000 payable as is set forth specifically in said will, which is made part of this agreement. The said Michael Ryder, now sells to the said Joseph & the said Michael lands, thus devised to them on the payment of the said sum of money according to the directions contained in said last Will and testament, and the payment by the said Joseph & Michael W. of said sums as therein specified to the persons described in the amounts set forth, shall be in full payment of the said purchase money and under the will shall take a title purchase & unencumbered, but the said sum shall remain a lien on said lands untill paid. The amount due from Joseph only to be a lien on his land untill paid & the amount due from Michael W. only to remain a lien on his land untill paid.

Witness our hands & seals this 28th day of June A.D. 1882.
Michael Ryder
Joseph Ryder
Michael W. Ryder


Pennsylvania
Franklin County, SS:

Before me, W. L. Minick Register of Wills, S.C. in and for said County, personally came W. G. Nixon and W. Rush Gillan who being duly qualified, according to law, say they were well acquainted with J. S. Nixon and F. M. Kimmell, and with their handwriting, and especially with their signatures and they verily believe the signatures J. S. Nixon & F. M. Kimmall to said instruments attached is genuine and in their proper handwriting.

W. G. Nixon
W. Rush Gillan

Sworn and subscribed this 13 day of
April A.D. 1891
W. L. Minick, Dept. Register

You Adam N. Ryder and John A. Ryder do affirm that as Executors of the last Will and Testament of Michael Ryder late of the Twp. of Peters, deceased, you will well and truly administer the goods and chattels, rights and credits of said deceased according to law, and will also dilligently and faithfully regard and well and truly comply with the provisions of the law relating to Collateral Inheritancy.

Adam N. Ryder
John A. Ryder

Affirmed and subscribed before
me this 20 day of April, A.D. 1891
W. L. Minick, Dept. Register

Franklin County, SS:

Before me, W. L. Minick Dept. Register of Wills &c., in and for said County, personally appeared John A. Ryder who being duly qualified, according to law doth depose and say that Michael Ryder, late of the Twp. of Peters, in said County, deceased, died on the 2 day of April, A.D., 1891, at about 1-30 o clock A.M. of said day.

John A. Ryder

Affirmed and subscribed before me
this 13 day of April, A.D. 1891
W. L. Minick, Dept. Register

County of Franklin
Register's Office, SS:

Be it remembered that on the day of the date hereof, the last Will and testament of Michael Ryder late of Peters Twp. deceased, being the annexed within instrument, was duly proved before the Register of Wills of said County, as and for the last Will and testament of said deceased, which said last will and the proofs and examinations taken thereon are recorded and filed in said office.

In testimony whereof, I have caused the said seal of office of the said Register of Wills to be here unto affixed.

Witness W. L. Minick Dept. Register of Wills at Chambersburg, the 13 day of April, 1891. - W. L. Minick, Dept. Register


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