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Will of John Malseed of Philadelphia, PA, Dated 27 Dec 1860, Filed 2 Oct 1861

In the name of God amen.  I John Malseed of the Third Ward of the City of Philadelphia being in weak bodily health, but of sound and disposing mind and memory, calling to mind the frailty and uncertainty of human life, and being desirous of settling my worldly affairs and directing how the Estate with which it has pleased God to bless me with shall be disposed of after my decease, while I have strength and capacity so to do, do make and publish this my last will and testament hereby revoking and making null and void all other last wills and testaments by me heretofore made; and first I commend my immortal being to him who gave it and my body to the Earth to be buried by my executor hereinafter mentioned.

1.     Imprimis my will is that all my lawful and just debts shall be paid and the funeral charges shall by my Executors hereinafter named be paid out of my Estate as soon after my decease as by them shall be found convenient.

2.     Item  I give devise and bequeath to my wife Mary Malseed absolutely all my personal property and household furniture in the house in which she now resides.

3.     Item  I give and devise to her during her natural life all the dwelling part of the house No 848 South Second Street in which I now reside free of all charges, and she may reside therein or rent the same as she thinks proper.

4.     Item  I give and bequeath to my wife Mary Malseed during her natural life the sum of six hundred dollars per annum, payable monthly out of the rents of my Real Estate.

5.     Item  It is my will and desire that my Executors shall pay from time to time from the rents of my Real Estate (after the payment of the annuity of six hundred dollars devised to my wife Mary Malseed,) the Bonds and Mortgages against the said Real Estate; and after the decease of my wife Mary Malseed the said annuity of six hundred dollars and the rent of the said house No 848 South Second Street shall go towards the payment of said bonds and mortgages.

6.     Item  I give and bequeath to my Grandson John Malseed Baggs now in Stockton California my gold watch soon after my decease, and I also will that my Executors shall after the decease of my wife place the sum of five hundred dollars at interest for his benefit until he arrives at the age of Twenty-one years when principal and interest shall be paid to him.  The said five hundred dollars shall be taken out of the rents of my Real Estate.

7.     Item  I give and bequeath to my five children Ann M Baggs, Andrew Malseed, Daniel N. Malseed, Margaret Bell and James P Malseed in trust for their children all my Real Estate share and share alike, after the decease of my wife Mary Malseed and the payment of the said Bonds and Mortgages against my real Estate shall have been satisfied.  Should any of my children before mentioned die without children then their share of the said Estate shall go to the surviving heirs; and the said children shall not have any power to sell or mortgage any of the said Estate.

8.     Lastly  I do nominate and appoint Thomas S. Reed M.D. of the Third ward of the City of Philadelphia and Joseph B Myers Hide and Leather Dealer at the S.W. corner of Third and Vine Streets to be my Executors of this my last will and testament.

In testimony whereof I John Malseed have to this my last Will and Testament made this twenty-seventh day of December A.D. 1860 have subscribed my name and affixed my seal.
John Malseed                       seal

Witness at signing
Joseph W. Flick??? (Another copy of the will gives the name as Fleck.)
226 German Street

John Floyd
745 S. 4th 

City and County of Philadelphia  S.S.
Registers Office Oct. 2. 1861

There personally appeared Joseph W. Flick??? and John Floyd the subscribing witnesses to the foregoing last will of John Malseed deceased and on their solemn oath & affirm did say that they were present and did see and hear John Malseed deceased the testator therein named, sign, seal, publish and declare the same as and for his last will and testament; and that at the doing thereof he was of sound, disposing mind memory and understanding, to the best of their knowledge and belief.

Joseph W. Flick???
John Floyd

Sworn  & affirmed and subscribed before me the date above
Geo W. McMahon
Register

Philad. October 2d. 1861
To Thos. S. Reed  M.D.
& the Register of Wills for the city & County of Philad.

Gentlemen,
I hereby decline acting as one of the Executors named in the will of John Malseed decd.
Yours Respectfully
Joseph B Myers

City and County of Philadelphia  S.S.
Registers office Oct. 2. 1861

I do swear that as the Executor of the foregoing last will and testament of John Malseed deceased, I will well and truly administer the goods and chattels, rights and credits of said deceased, agreeably to law; and that I will comply with the provisions of the law relating to collateral inheritance.

Thomas S. Reed

Sworn and subscribed before me the date above, and letters testamentary granted unto him.
Geo W. McMahon
Register

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Page last updated: 14 March 2007


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