ADDENDA, Part I
of Legal Papers RE: The History of the Overholt
Karen's Note: The following pages have been retyped from photocopies of old typewritten notes. They reference the various documents mentioned. The person or persons who originally compiled this material is unknown to me; however, the pages were obtained from the records kept at West Overton. You will find misspelling, uncommon punctuation and arcane sentence structure. I do not have access to the original documents, and cannot vouch for the accuracy of these notes.
of the Last Will and Testament of Abraham Overholt of
In the name of God Amen. I, Abraham Overholt, of East Huntingdon Township, Westmoreland County, and the State of Pennsylvania, being in good health, sound in mind, memory and understanding, thanks be to God, for the same, Being mindful of my mortality, Do make, ordain and publish this Instrument as my last Will and Testament, Hereby revoking and making void all former Wills by me at any time heretofore made, knowing the uncertainty of human life and the necessity of settling my worldly affairs in order, I commit my soul unto God, and my body to the dust from whence it sprang, and after my deceise I direct that my remains be interred in a decent and Christian manner, and that my Executors shall cause to be erected over them proper Grave Stones with suitable inscription thereon, etc, and to such worldly estate wherewith Providence hath blessed me with, it is my will that after full payment of my just debts, if any there be, and my funeral expenses first paid as soon as convenient after my deceise, out of the first monies that shall come into the hands of my Executors from any portion of my Estate, Real or Personal.
ITEM -- I give and bequeath unto my beloved wife, Maria, the Interest of the sum of Twenty Thousand Dollars to be paid her annually by my Executors. I also give and bequeath unto my said wife, Maria, all the Interest I reserved in the Deed given by myself and wife to my son, Henry S. Overholt, in the Overton farm, during the term of her natural life, which said deed is dated the 29th day of May, 1854, and Recorded in the Recorders Office of Westmoreland County in Book No. 36, Pages 584 and 585, which will more fully appear, I also give and bequeath to my said wife my household and kitchen furniture, with the beds and bedding, Horses and Carriages, or so much thereof as she may say is necessary out of any or all of the property I now have, the Twenty Thousand Dollars, the interest of which is bequeathed to my said wife, Maria, shall be and remain in the hands of my son Henry S. Overholt and remain in the Overton Farm to whom I have sold the undivided one-half, he paying the interest on the sum thus left in his hands to my Executors for the bequest aforesaid, etc.
ITEM: My partnership property in Overton with my son, Henry S. Overholt, I direct my Executors to take my place and carry on the Partnership Business in the same manner it is now carried on until the deceise of my beloved Wife, and at her death I order and direct my Executors or the survivors of them to either to carry on my partnership business or sell the interest I hold in the real and personal property of the same. I leave this matter entirely discretionary with them, they acting to promote the best interest of my Estate, and when disposed of together with the twenty thousand dollars left in the Overton Farm for my said wife, I give and bequeath unto my sons, Henry S. Overholt, Jacob S. Overholt heirs, Martin S. Overholt, Christian S. Overholt, and to my daughters, Anna Tinstman and Elizabeth Frick (or to their heirs in case of the parents death) share and share alike.
I also direct that all my property, Real and Personal, wherever it may be situated, not connected with my partnership property, shall be sold as soon after my decease as my Executors think proper, they always managing my Estate to the best interest for my heirs, and I hereby devise all my real estate to my executors, hereinafter named for said purpose, and I do hereby empower them to make such sale and to make and Execute such deeds to the Purchaser or Purchasers thereof, and I direct my Executors that the proceeds arising from the sale of all my real and personal estate aforesaid, after retaining in their hands a sufficient fund for carrying on my Partnership Property if they shall so determine, The balance, whatever it may be, after first deducting the several bequests as hereinafter made, Together with all and every part of my Estate not disposed of I give and bequeath unto my said sons, H. S. Overholt, J. S. Overholt heirs, M. S. Overholt, C. S. Overholt, and to my daughters, Anna Tinstman and Elizabeth Frick (or their heirs in case of parents death) share and share alike (with all monies made in my partnership business, this latter item to be annually distributed amongst the above named heirs or Legatees, share and share alike.
I also direct and it is my will that the share as bequeathed to my daughter, Elizabeth, shall be and remain in the hands of my son H. S. Overholt, and remain in the Overton Farm, he, my said son, H. S. Overholt, paying the annual interest thereof into the hands of my Executors, of the survivors of them, whom I direct to pay her the said annual interest thereof, only or such part thereof as they may deem proper from time to time during her natural life time, and at their deceise pay her share in my Estate to her children, share and share alike, to be paid them at the discretion of my Executors.
I hereby appoint my Executors, Trustees of my said Daughters, Elizabeth, share of my Estate they managing the same for her and her children so as to promote their best interest at all times, etc. etc.
I also give and bequeath to my three grandsons, children of my son Abraham S. Overholt, deceised, to wit; to George Overholt, Five hundred dollars, to John Overholt, One hundred dollars, and to Norman Overholt, Five hundred dollars, which is to be in full of their shares of my whole Estate, both as respects the real and personal estate, and to be paid them at the discretion of my Executors.
I also give and bequeath to Anna Tinstman, wife of Jacob O. Tinstman, two thousand dollars, and to her son, Abraham L. Tinstman, Two hundred dollars, and to my grandson, Abraham, of my son H. S. Overholt, One hundred dollars, and to my grand daughter, Maria O. Frick, the sum of two thousand dollars, which said bequests I allow my Executors to pay them out of any part of my Estate, as they may deem proper.
I also give and bequeath my eight day clock in the parlor to my son, C. S. Overholt, to come into his possession at his mothers deceise.
And lastly I do hereby nominate, constitute and appoint my two sons, Martin S. Overholt and Christian S. Overholt and my nephew, Jacob O. Tinstman to be my Executors to this my last will and testament, to whom I give and bequeath three per centum out of my Estate for their time, trouble and expences in settling my estate and doing all the business pertaining thereto as directed by me in every respect.
In witness, I, Abraham Overholt, the Testator, have to this my last will and Testiment, written on three half sheets of paper set my hand and seal this sixteenth day of November, one thousand eight hundred and sixty three.
Abraham Overholt (SEAL)
Signed, sealed and published by the Testator as his last will and testament in our presence, and we have signed the same as witness at this request and in his presence and in the presence of each other.
Abraham Overholt. John O. Overholt
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Westmoreland County: ss
Witness my hand and seal of office this 26th day of January, A.D. 1870.
Clark F. Warden Register, etc.
of Letters Testamentary/Clark F. Warden, Register for the
probate of Wills;
By the tenor of these presents, I, Clark F. Warden, Esquire, Register for the probate of Wills and granting letters of Administration in and for the County of Westmoreland in the Commonwealth of Pennsylvania; Do make known unto all men that on the 26th day of January at Greensburg in the County of Westmoreland before me was proved and approved the last Will and Testament of Abraham Overholt late of East Huntingdon Township, Westmoreland County, Penna., deceased (a true copy whereof is to these presents annexed having whilst he lived and at the time of his death, divers goods, chattels, rights and credits within the said Commonwealth, by reason whereof the approbation and insinuation in the said last Will and Testament, and the committing the administration of all and singular the goods, chattels, rights and credits, which were of the deceased; and also the auditing the accounts, calculations and reckonings of the said administration, and a final dismission from the same to me are manifestly known to belong; and that the administration of all and singular the goods, chattels, rights and credits of the said deceased, any way concerning his last Will and Testament was committed to MARTIN S. OVERHOLT, CHRISTIAN S. OVERHOLT and JACOB O. TINSTMAN in the same Testament named they having first been duly affirmed well and truly to administer the goods, chattels, rights and credits, of the said deceased, and make true and perfect inventory thereof, and exhibit into the Registers Office at Greensburg, in the County of Westmoreland on or before the 26th day of February next, and to render a true and just account, calculation and reckoning of their said administration on or before the 26th day of January in the year of our Lord one thousand eight hundred and seventy one, or when thereunto lawfully required.
In testimony whereof, I have hereunto set my hand and seal of Office at Greensburg in the County of Westmoreland, the 26th day of January, in the year of our Lord, one thousand eight hundred and seventy.
Clark F. Warden, Register.
of Oath of Appraisers & Inventory and Appraisement;
Before me, William M. Jordan, Notary Public in and for said County, personally came Daniel Shupe and Joseph R. Stauffer, who upon their Solomn Affirmation did say that they would well and truly and without prejudice or partiality, value and appraise the goods, chattels, Rights and Credits which were of Abraham Overholt, late of West Overton, deceased, and in all respects perform their duties as Appraisers to the best of their skill and judgment.
to and subscribed this 3rd day of February, A.D. 1870,
before me, William M. Jordon, Notary Public.
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INVENTORY AND APPRAISEMENT
Wares and Chattels, Rights and Credits which were of
Abraham Overholt late of the _____of _____taken and made
in conformity with the above Deposition this _____day of
February, A.D. 1870.
ITEM OR ARTICLE
I also give and bequeath to my said wife my Household and Kitchen Furniture with the Beds and Bedding, Horses and Carriages or so much thereof as she may is necessary out of any or all of the property I now have.
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* = Items
found in Maria Frick Overholts recollections of
of Copy of Notice served on Martin S. Overholt, Christian
To Martin S. Overholt, Christian S. Overholt, and Jacob O. Tinstman, Executors of Abraham Overholt of East Huntingdon Township, Westmoreland County, Pennsylvania.
You are herby notified that I elect and determine to dissolve the existing partnership between myself and you as executors of said Abraham Overholt in the manufacture of Spirits and Flour, etc., at West Overton in said township from and after the 1st day of May, A. D. 1870, and you will govern yourself accordingly.
of Article of Agreement between Henry S. Overholt
Abraham Overholt, late of East Huntingdon Township, decd., was during his life time and up till the date of his death on the 15th day of January, 1870, a partner with Henry S. Overholt in the business of distilling spirits, manufacturing flour, and farming at West Overton, Westmoreland county, and with him was the joint owner in fee of the distillery premises, mill and farm,
And, Whereas, the said A. Overholt, decd., by his last will and testament dated 16 Nov. 1863, and proven the 26th day of January, 1870, directed his executors to carry on such partnership business with his said surviving partner, Henry S. Overholt, during the life of his wife or their pleasure, to which continuance of partnership the said Henry S. Overholt conditionally -- as to duration accepted,
And, Whereas, the said Henry S. Overholt, by notice of the 14th inst., signified his election and determination to retire from and dissolve the partnership so existing between himself and Christian S. Overholt, Martin S. Overholt, and Jacob O. Tinstman, Executors of the said A. Overholt, decd., on and after the 1st day of May, 1870, by which act the said firm so as before existing is dissolved, and whereas the Executors aforesaid are not authorized to sell the interest of the decedent in the real estate until the death of the widow of the said decedent, which has not yet occurred, and the same can only be sold by due course of law independent of the powers in the will,
And, Whereas, it is important to interest of the estate of said decedent that the partnership personally be sold at a fair price and that the undivided interest of the decendent be made productive in the real estate until the same be sold or the powers under the will be executed.
Wherefore this agreement between the said party of the first part Henry S. Overholt, Martin S. Overholt and Christian S. Overholt, Martin S. Overholt and Jacob O. Tinstman, Executors of the Estate of A. Overholt, decd. of the second part,
WITNESSETH, that in consideration of the covenants and agreements hereinafter, the said Executors, parties of the second part hereto, do covenant and agree to let and lease unto the said Henry S. Overholt, the party of the first part, the interest of the said Testator in the Distillery, Mill and Farm at West Overton from the first day of May, 1870, until the said undivided interest is sold by due course of law or for the term of one year, but in no event shall lease last longer than for the term of one year from the first day of May, 1870, nor to include anything but the real estate interest in the said premises -- and said second parties further agree to put up at Public Sale the interest of said decedent in the personal effects of said partnership on the 29th and 30th days of April, 1870, at which time the interests of the said Henry S. Overholt is to be put up and sold in the same manner in the same articles.
In consideration whereof the said Henry S. Overholt, party of the first part, covenants and agrees to pay said executors, parties of the second part, as rent for the interest of decedent in distillery, mill and farm at the rate of Twenty-five Hundred ($2500.00) Dollars annually for such length of time less than one year as may expire before date of sale, and also agrees to put up at public Outcry on the 29th and 30th days of April, 1870, his interest in the partnership personally, to bid off and sold with the interest of the decedent sold at same time -- Said rent is to be paid as follows, Twelve Hundred Fifty Dollars on the first Nov. 1870, and the remainder at the end of the year. Should the premises then be unsold at any intermediate time then to be [illegible] up to date of sale and payment till that date be made to said Executors.
It is further agreed between the parties hereto that the Spirits or Whiskies of said firm shall not be sold at vendue but shall be divided equally between the First and Second Parties hereto, each taking one-half of the Free and each one-half of the bonded Spirits -- It is further agreed that the proceeds of the personal property, sold at Vendue, shall be applied in Satisfaction of partnership indebtedness.
Witness our hands and seals this 16th day of April, 1870.
of Agreement between Abraham Overholts Executors
and H. S. Overholt;
Whereas H. S. Overholt, of West Overton, Westmoreland County, Pennsylvania, is preparing to conduct the business of distilling on the following described premises, situate at West Overton, County and State aforesaid, vis:
Beginning at a mark in the front of the west side of the Mill and Distilling Building the partition dividing the same, thence N. 87-1/4 degrees E. 108-1/2 feet to a post, thence S. 2-3/4 degrees E. 38 feet to a post, thence s. 87-1/4 degrees W. 50-1/3 feet to a mark in wall; thence S. 2-3/4 degrees E. 160 feet to a post; thence S. 87-1/4 degrees W. 66 feet to a post; thence N. 11-3/4 degrees, W. 363 feet to a post; thence N. 48 degrees W. 72 feet to a corner of Barn; thence N. 5 degrees W. 51 feet to partition between Bonded Warehouse and balance of barn; thence N. 85 degrees E 48 feet to East side of Barn, thence S. 24-1/2 degrees E. 262-1/2 feet to place of beginning, One undivided half of which premises has been leased from M. S. Overholt, C. S. Overholt and J. O. Tinstman, Executors of A. Overholt, deceased, and
Whereas, their is also a charge in the last will of said decedent of the sum of Twenty Thousand Dollars in part on this undivided half of Distillery premises in favor of Maria Overholt, the widow of said decedent, in consideration of One Dollar to us in hand paid by H. S. Overholt, upon the sealing and delivery herof the receipt whereof is hereby acknowledged, do hereby consent and expressly stipulate that the above and foregoing described premises may be used for the purpose of distilling spirits, subject to the provisions of law, and that the lien of the United States for Taxes and Penalties shall have priority of above stated encumbrance of $20,000.00 and that in case of forfeitures of the Distillery premises or any part thereof, the title of the same shall vest in the United States, discharged from such encumbrances and from any claim by the Lessors of said undivided half in said described premises.
Witness our hands and seals this 19th April, 1870.
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Westmoreland County: ss:
Personally appeared before me the Subscriber a Notary Public and for said County the above named M. S. Overholt, C. S. Overholt, and J. O. Tinstman, the Executors of A. Overholt, decd. and Maria Overholt, widow, and acknowledged the foregoing paper to be their act and deed, and desired that the same might be recorded as such.
Witness my hand and seal this 19th April, A.D. 1870.
Jordan, Notary Public.