Last will and testament
of William Porter, signed 12 July 1851.
Handwritten by James S. Craft (one of the witnesses) and signed
on each page by Wm. Porter.
From the Office of the Register of Wills, County of Allegheny,
Pennsylvania, Will Book 7, page 145, #107.
[Full text:]
In the name of God. Amen
I William Porter, late one of the Judges of the Court of
Common Pleas of Allegheny County, now of Pitt Township in said
County, grateful to Divine Providence for the share of worldly
property committed to my care, and desirous while sufficient bodily
health and strength remain, with the blessing of full enjoyment
of mind and memory to arrange the disposition of said property
so that the same may be possessed in peace and friendship by those
to whom it may be devised, Do make this my last will and testament.
After payment of my just debts and charges except the debt of
Ten Thousand Dollars, which is due for monies borrowed for investment
in the lumber business, and payable to the Merchants and Manufacturers
Bank of Pittsburgh, and which is provided to be paid specially
in the manner hereinafter mentioned.
I direct and devise all my household goods, furniture and personal
property of visible and moveable kind at and about my dwelling
house to be inventoried and remain for the use of my present family
while living together, viz for my four sons and four unmarried
daughters, and in the event of their separation said property
to be divided between them equally under an appraisement by judicious
persons of their own selection, or if they shall not agree, of
my Executors, or if necessary by sale thereof. Any surplus arising
from collections of Bonds or other debts, or from sales of Stock
or other resources to be equally divided among those devisees
to whom the sum of One Thousand Dollars is hereafter effectively
bequeathed except James M. and William M., viz to Thomas Scott
for use of Robert, to Francis, Martha, Jane, Elizabeth and Cornelia.
I devise to Thomas Scott Esquire and to his heirs and assigns
forever, in trust to hold the same for the use and benefit of
my son, Robert Porter Esquire, the following real and personal
property. viz. One half section of Land, or Three Hundred and
Twenty acres in the State of Illinois.
Also seven lots, as numbered in the plan of Lots being William
Porter's first plan of Lots, located in the Sixth and Seventh
Wards of the City of Pittsburgh, Vine Street being the line of
Division in said plan between said wards, as Lots Numbers Thirty
Nine to Forty Five both numbers inclusive, and Eight Lots in said
plan numbered Forty Eight to Fifty five, both numbers inclusive.
Also, One Thousand Dollars in Cash, to be paid in annual sums
of not more than Two Hundred Dollars a year without interest.
The said Thomas Scott is hereby authorized and requested to receive
the rents of said property and the interest of said monies properly
invested and to pay over said rents and interest as received to
my said son, and to sell said property if deemed advisable by
him and to make a perfect title to the purchaser, and to invest
the proceeds of said sales in securities or other property so
that the income thereof may be received and paid over for the
benefit of my said son, without said property, monies or the income
or interest thereof being subject to the debts of my said son,
or to any lien, incumbrance, attachment or Execution against him
and upon the death of said Robert said property to be conveyed
[in fee?] to his legal heirs.
I devise to my son William M. Porter and to his heirs and assigns
forever, the following property. viz,
Eight Lots in the foregoing described plan as numbered Thirty
One to Thirty Eight, both numbers inclusive. Also
Nine Lots in the same plan, numbered from Fifty Six to Sixty Four,
both numbers inclusive.
Also. One Half of my share, or interest in the Lumber Business
with which I am connected in partnership, with Lot O. Reynolds,
viz. one fourth of the whole investment in said business, subject
however to the payment of one half of the note, drawn by me, and
endorsed by Thomas Scott Esq. discounted by the Merchants and
Manufacturers Bank of Pittsburgh, the whole note being Ten Thousand
Dollars and the half to be assumed and paid by said William M.
Porter as the condition of his right and title to said share in
said business, being Five Thousand Dollars.
Also, One Thousand Dollars in Cash, and half the interest which
may accrue on my Bond until the pecuniary legacies hereby given
are paid.
I devise to my son, James M. Porter and to his heirs and assigns
forever, the following property, viz Thirteen Lots in the foregoing
described plan as Numbered One to Thirteen both numbers inclusive.
Also, Seven Lots in the same plan, numbered Twenty to Twenty Six
both numbers inclusive.
Also, One half of my share or interest in the Lumber business,
with which I am connected in partnership with Lot O. Reynolds,
viz, one fourth of the whole investment in said business, subject
however to the payment of one half of the note drawn by me and
Endorsed by Thomas Scott, Esq. discounted by the Merchants and
Manufacturers Bank of Pittsburg, the whole note being Ten Thousand
Dollars and the half to be assumed and paid by said James M. Porter
as the condition of his right and title to said share in the business
being Five Thousand Dollars.
Also One Thousand Dollars in Cash, and half the interest which
may accrue on my Bond until the pecuniary legacy hereby given
are paid.
I devise to my son, Francis B. Porter and to his heirs and assigns
forever the following property, viz.
Six Lots in the foregoing described plan as numbered from Numbers
Fourteen to Nineteen inclusive of both numbers.
Also, Four Lots in same plan numbered from Twenty Seven to Thirty,
both inclusive. Also
One Half Section of Land or Three hundred and twenty acres in
the State of Illinois.
Also One Thousand Dollars in Cash to be paid as the former bequest
of this kind and amount.
I devise to Thomas Scott, Esquire, and to his heirs and assigns
forever in trust to hold the same for the use and benefit of my
daughter Mrs. Mary N. McConaghy the following real property, viz.
Twenty Six Lots in the Second plan of Lot, laid out by said William
Porter (Said Lots being situated in the Seventh Ward of the City
of Pittsburgh and in Pitt Township.) and numbered from One to
Twenty Six both numbers inclusive.
Five Lots in same plan numbered from one Hundred and forty one
to One Hundred and forty five both numbers inclusive. Also
The tract of land on which the said Mrs. Mary N. McConaghy now
lives situated in Township No. 42, Range No. 2, Ogle County, State
of Illinois, with its improvements and Also
Twenty Acres of timbered land running one hundred sixty perches
in length by twenty perches in breadth from the western fence
of the above tract Reserving.
Also, the land lately purchased by me from [H]ossington containing
Five Acres according to the Deed from said Vendor
Also the said Thomas Scott is hereby authorized and requested
to permit the said premises to be occupied and Enjoyed by the
said Mary N. and her husband Dr. John McConaghy during their natural
lives and that of the survivor of them and after the death of
both to convey said premises to the surviving children of the
said Mary or to sell the said premises, if advisable, and purchase
other land with the proceeds of such sale and hold the same in
and upon the said trust.
I devise to my daughter Martha Porter and to her heirs and assigns
forever the following described property, viz
Twenty Six Lots in the plan last above described and numbered
from Twenty Seven to Fifty Two, both numbers inclusive. Also
Five Lots in the same plan numbered from One hundred forty six
to One hundred and fifty, both inclusive.
Also One Half Section or Three Hundred and Twenty Acres of land
in the State of Illinois.
Also One Thousand Dollars in Cash to be paid as the former bequest
of this kind and amount.
I devise to my daughter Jane Porter, and to her heirs and assigns
forever, the following property, viz
Twenty Six Lots in the plan last described, being numbered from
Fifty Three to Seventy Eight both numbers inclusive. Also
Six Lots in the same plan numbered from One hundred and fifty
six to One hundred and Sixty One both inclusive.
Also One Half Section or Three Hundred and Twenty Acres of land
in the State of Illinois.
Also One Thousand Dollars in Cash, to be paid as former bequests
of this kind and amount.
I devise to my daughter Elizabeth and to her heirs and assigns
forever, the following property, viz
Twenty Six Lots in the plan last described numbered from Seventy
nine to One hundred and four both numbers inclusive, on which
are erected the dwelling House in which I now live, with its appurtenances.
Also
One Half Section or Three Hundred and Twenty Acres of same in
the State of Illinois.
Also, One Thousand Dollars in Cash, to be paid as former bequests
of this kind and amount.
I devise to my daughter Cornelia and to her heirs and assigns
forever the following described property
Twenty Six Lots in the plan last described numbered from One Hundred
and five to One hundred and Thirty, both numbers inclusive. Also
Ten Lots in the plan aforesaid numbered from One Hundred and Thirty
One to One hundred and forty both numbers inclusive. Also
Five Lots in the same plan numbered from One hundred and fifty
One to one hundred and fifty five both numbers inclusive. Also
One Lot on Kirkpatrick Street numbered One Hundred and Sixty two.
Also
One Half Section or Three Hundred and twenty Acres of Land in
the State of Illinois.
Also, One Thousand Dollars in Cash, to be paid as former bequests
of this kind and amount.
I also devise and direct that the sixty acres of Timbered Land
remaining after the twenty acres are taken off for the use of
Mrs. McConaghy from the former quantity of Eighty Acres in Township
No. 42 Ogle County in the State of Illinois, and the Eighty Acres
of timbered Land be equally divided to and among the devisees
of the Half Sections of the Illinois Land already disposed of
viz To Thomas Scott, in trust as before mentioned for Robert,
and to Francis, Martha, Jane, Elizabeth and Cornelia my children
aforesaid, to be held by them as the other property respectively
devised. The division of the said timbered land to be made and
completed by Duncan Ferguson Esq. of Rockford, Winebago County
Illinois. Also the assignment to each devisee of the half section
of land to those named as entitled.
In witness whereof I have signed this my will in eleven pages
at the foot of each page and at the clon[?] thereof this twelfth
of July AD Eighteen hundred and fifty one.
[signed] Wm. Porter
In the presence of
James S. Craft
J. S. Coone[?]
Ths. Sargent
Allegheny County
Be it known that on the 28th day of July AD 1851 personally came
before me James D. Scott, Deputy Register and for said county
James S. Craft Esq. and Thos. Sargent two of the subscribing witnesses
to the foregoing instrument of writing, who being by me duly sworn
and depose and say that they saw and heard the testator Wm. Porter
decd, sign publish and declare it as being of and for his last
will and testament that at the time of so doing he was of sound
mind, memory, and understanding to the best of their judgment
and beleif, that at his request and in his presence they subscribed
their names as witnesses thereof.
Given under my hand the above date.
[signed] James D Scott, Depty Registrar
Hon Wm. Porter
Will No. 107, Vol. 7
Received July 30, 1851 in will vol. 7