Copy of Last Will & Testament of Levin Lank, dcd.

Filed and admitted to Probate November 29/78

 

I, Levin Lank of Broad Creek Hundred in the county of Sussex and State of Delaware, being of sound mind, memory and understanding do make and publish this, my last will and testament, in manner and form following, viz.:

 

First, I direct that all my just debts and funeral and testamentary expenses be paid out of my Estate by my Executors and hereinafter named as soon as conveniently may be after my decease.

 

Item__I give and bequeath unto my beloved wife Ann Lank, the sum of three hundred dollars yearly and every year during her natural life, for her Maintenance and Support, which such annuity or yearly sum I direct to be to my said wife Ann Lank by the devisees and legatees under this will in proportion to the amount or Share each shall have received as such devisee or legatee, and upon the failure of any one said devisees or legatees to pay his or proportionate share to my said wife, they, he, or She, shall forfeit the property or sum herein devised or bequeathed to them, and the share or shares so forfeited shall become a part of my estate to be divided as hereinafter provided for the residue of my estate, this annuity or yearly sum is in lieu of dower.

 

Item__I give and bequeath to my three grand daughters, daughters of my deceased daughter Margaret A., late wife of Tilghman L. Spicer, they being named respectively, Arella J., Anna M., and Lovey P. Spicer, the Sum of one thousand dollars, to be divided equally among them, the Said three daughters of the Said Margaret A.

 

Item__I give and bequeath to my daughter Catharine J., wife of James B. Wheatley, the sum of one thousand dollars.

 

Item__ I give, devise and bequeath to my daughter Elizabeth E., wife of Elijah Colbourn, one undivided half part of a tract of land Situate in North West Fork (now Seaford) Hundred, County and State aforesaid, adjoining lands of Littleton Lankford, William Allen and others, and said to contain in all two hundred acres more or less, it being the same tract of land which I purchased of Powell & Fiddiman on or about the year AD 1837, to have and hold the said half part of the said tract of land with the appurtenances, to her, her heirs and assigned forever.

 

Item__ I give, devise and bequeath to my daughter Sabra M., wife of James Allen, the half, or equal Moiety of the next before described farm or tract of land, with the appurtenances, to have and to hold the Same during her natural life then to her lawful issue, if any there should be, forever, but if none then to be equally divided between her brothers and sisters in fee simple.

 

Item__It is my desire and I hereby direct that the tract of land mentioned in the two next foregoing items shall be divided by the two devisees, to whom it is devised, and if they cannot agree as to the line of division, they shall choose two persons, one each, those two to choose one more, and the three so chosen shall make an equal and just division of the farm in two parts, which division so made shall be final, Elizabeth E. wife of Elijah Colbourn to have the half next toward Cannons Ferry.

 

Item__ I give and bequeath to my grand daughter Martha A., child of my deceased daughter Hester A. C., late wife of Samuel B. Holt, my house and lot in the town of Sharptown, in the county of Wicomico and State of Maryland, to have and to hold the said Messuage with the appurtenances to her, her heirs and assigns forever.

 

Item__ I give, devise and bequeath to my son Levin J. Lank the Sum of one thousand and five hundred dollars, and also the following described real estate viz. all that certain farm or tract situate in Broad Creek Hundred, county of Sussex and State of Delaware, and bounded in the South by the old “Hurt [sic] Mill pond” and in the South and West by the Nanticoke River and on the East by the Delaware Rail Road, with all the appurtenances thereunto belonging, (Save and except a certain half part of a piece or parcel of Marsh or bog in the bed of the Said Old “Hurt [sic] Mill pond” which bog is now used for a cranberry patch), it being the same tract of land which I purchased of Robert Colbourn, now deceased, to have and to hold the Same to him the Said Levin J. Lank, his heirs, and assigns forever, and also one third interest in my Seine and all tackle connected therewith, with right of use of Seine ground for hauling the Same during his natural life.

 

Item__ I give, devise and bequeath to Son Levin J. Lank for the uses and asfrom [sic] the trusts hereinafter mentioned, all that certain tract piece or parcel of land whereon I now live, also the adjoining tract of land which I purchased of Samuel Chipman said to contain forty acres more or less, also the Seine ground, Seine and other fixtures thereunto belonging, (Save and except such part or interest as is reserved and bequeathed to Levin J. Lank not to be in trust, also the one half part of the Marsh or bog now in cranberries to have and to hold, the Same with the appurtenances unto him his heirs and assigns forever). In trust nevertheless and for the uses following, and none other, that is to say: for the sole and separate use of Robert R. Lank for and during his natural life so as he alone or such person as he shall appoint shall take and receive, the rents, issues and profits thereof and so as the said Levin J. Lank shall and in anywise intermeddle therewith, and from and after the decease of the said Robert R. Lank in trust for the use of the heirs of the body of the said Robert R. Lank forever, with power to the said Levin J. Lank to sell and convey in fee simple the whole or any part of the aforesaid premises and appurtenances to any person or persons and for such various [sic] sums of money as the said Robert R. Lank by writing, under his hand and seal and duly acknowledged at any time during his natural life may appoint and direct.

 

Item__ I give and bequeath to my son Robert R. Lank in addition to what is left in trust for him, the sum of one thousand dollars.

 

Item__ I give and bequeath beloved wife Ann Lank the whole of my household furniture for and during her natural life and no longer, and after her decease, I give to my son Robert R. Lank his choice of one bed and bed clothing, the rest to be sold at public auction [sic], and the proceeds to go into and be distributed with the remainder of my estate.  I also give and bequeath to my wife Ann Lank my horse and carriage for and during her natural life and after her death to my son Levin J. Lank.

 

Item__Whatever other property I may have at the time of my death or that may come into it thereafter, whether real personal or mixed, I give devise and bequeath to my three children, viz.: Levin J. Lank, Robert R. Lank and Elizabeth E., wife of Elijah Colbourn, share and share alike.

 

Item__Whereas my Executors may have to incur considerable expense and severe loss in the collection of debts due me, out of which the foregoing legacies are to be paid, it is my will and I so direct and require that my executors shall make such proportionable reduction in the payment of the legacies aforesaid as my be required by such expenses and loss.

                                   

 

Lastly__I do hereby make, appoint and ordain my said wife Ann Lank and my said sons Levin J. Lank and Robert R. Lank to be executrix and executors of this my last will and testament, and I do hereby revoke, annul and make void all former wills by me at any time heretofore made, hereby ratifying and confirming this and this alone to be my last will and testament.  In witness whereof xxx said Levin Lank have to this my last will and testament contained on this and the foregoing, preceding pages set my hand and seal, to wit, my hand to the bottom of each of the said four preceding pages, and my hand and seal to this last page and my seal at the top when all the pages are fixed together, this twenty seventh day of July in the year of our Lord one thousand eight hundred and seventy one.

                                   

 

The writing contained on this and the four preceding pages was signed and sealed by the above named Levin Lank and by him published and declared as and for his last will and testament in the presence of us, who at his request have hereunto subscribed our names as witnesses, in his presence, and in the presence of each other.

 

H. W. Baker [Henry White Baker]

Thos. R. Harper