02/19/2020
Lancaster County Deed Book Z 10 Page 160-161 Henry S Martin’s Legatees and Henry S Martin Executors:
Agreement made and concluded this first day January 1 one thousand, eight hundred and seventy six, 1876, by and between the widow, legatees, and heirs of Henry S. Martin, late, of East Earl Township, Lancaster County Pennsylvania deceased. Whereas certain difficulties have suggested themselves concerning the meaning and intention portions of the last will of said Henry S. Martin and is is the desire of all interested to continue the mutual good feeling and peaceful relation among the members of the family and avoid any misunderstanding which might or could arise by reason of any uncertain or conflicting provisions in said will. Therefore we, Anna Martin, the widow, Jonathon Martin, Nathaniel Martin, Elias Martin, John W. Martin, Susanna Wenger, and her husband Joseph Wenger, Lydia Newswanger, and her husband Peter Newswanger, Maria Martin, Magdalena Martin, Esther Martin by her committee Abraham M. Martin, Lydia Witmer, by her guardian Jonas H. Martin. The said Anna, Jonathon, Nathaniel, Elias, John W., Susanna, Lydia, Maria, Magdalena, Esther, Lydia, and Anna, being the widow and all the legatees and heirs of said deceased in consideration of the premises and natural love and affection and the sum of one dollar to each of us in hand paid do hereby adjust, settle, define, and fix the meaning or intention of said will touching or relating to the provisions hereinafter mentioned that is to say ___. First the personal property, goods, and chattels of deceased not bequeathed to the widow or retained by her and excepting his Mearing apparel, shall be sold by the executors as soon as conveniently can be done. The bonds and outstanding moneys and payments of valuation moneys of farms then due be collected by the executors an order of court obtained for the sale of house and lot adjoining the East Earl farm and not mentioned in the will and after payments of debt and funeral expenses as directed being the funds then in their hands into a distribution the children living and the issues of those dead shall all be made equal, per stirpes taking in account the advancements charged against them or their parent respectively in the Testators Book (kept for that purpose) and the two thousand dollars directed to remain on the farms bequeathed to Nathaniel, Elias, and John are also to be taken into account against them in such distribution. In the distribution to be made at this time the Legacies of two thousand dollars in the will to Esther, Magdalena, Maria Martin, Lydia Witmer, and Anna Nolt are to be embraced so that all the legatees in the will shall be made equal with Nathaniel Martin the highest advanced. Third: If Jonathon, Elias, Nathaniel, and John shall make more money than is required to mend the annual payments or wish to anticipate the payments of the valuation money of their farms, the sums thus paid by them over and above their annual installment shall be equally divided by the executors among all the legatees under the will. Fourth: The widow of the testator shall not be obliged to pay over to the executors any of the accumulations of the moneys she receives under the will. The same shall be left to her free will. But if she does pay over to the executors or relinquish any part of it the same shall be equally divided between all the legatees. Fifth: It is agreed that Jonathon, Nathaniel, Elias, and John will on the first day of April A. D. one thousand, eight hundred and seventy-six 1876 accept the farms respectively bequeathed to them at the valuation and upon the conditions specified in the will of said deceased and the widow hereby accepts the devises and the requests given to her under said will in full of her decesor, thirds, or portion of the estate of the said deceased. Sixth: The residue of the estate as mentioned in the will shall be equally divided between the testator’s children then living and the lawful issue of any of them then dead in equal share per stirpis. Seventh: And we do hereby ratify and confirm the will of said Henry S. Martin in all other respects not notified by this agreement and we likewise ratify and confirm the selection of the appraisers of the woodland, their evaluation, of the same and its acceptance by Jonathon, John, and Nathaniel as appears by the records concerning the same. In Witness whereof we have whereunto set our hand and seals the day and year first above written. Signed, Sealed, and delivered in the presence of us: Martin E Stauffer, B. F. Weaver, for all except Joseph and Susanna Wenger. Witnesses to signature of Susanna and Joseph Wenger: E. G. Chamberlain and E. M. Winegart.
Signatures: Anna Martin, Jonathon Martin, Nathaniel Martin, Elias Martin, John W. Martin, Susanna (x her mark) Wenger, Joseph (x his mark) Wenger, Lydia Newswanger, Peter Newswanger, Maria Martin, Magdalena Martin, Esther Martin, Anna Nolt (by her committee, by her guardian,) Abram Martin, Jonas H. Martin, Lydia Witmer (by her guardian,) David Martin.