The Will of Adam Brandt

Those of my generation, the grandchildren of Zella Irvin, would call Adam Brandt great-great-great-great-grandfather. Adam died on August 13, 1838. His will was recorded on page 45 of Will Book L at the office of the Register of Wills of Cumberland County.

˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜

The last will and testament of Adam Brandt dec'd} The last will and testament of Adam Brandt of Monroe Township, Cumberland County, State of Pennsylvania. I, Adam Brandt, considering the uncertainty of this mortal life, and being of sound mind and memory, blessed be God for the same, do make and publish this my last will and testament, in manner following. First It is my will and I do order and direct that all my just debts and funeral expenses be duly paid and satisfied as soon as conveniently can be done after my decease. Second It is my will and I do order and direct that my son David shall have the mortgage I now hold against him for eight hundred dollars released to him for its value without interest, which with charges against him in my book shall be deducted from his share of my real and personal estate. Thirdly It is my will that my son Jacob Brandt shall have and his heirs and assigns forever, one hundred and forty seven acres and thirty three perches of land in Greenfield Township, Fairfield County, State of Ohio, which I value at four dollars per acre (for which I paid) and charged him with in my book, together with other charges in said Book, which he the said Jacob is to account for and which is to be deducted out of his share of my real and personal estate. Fourthly It is my will that my son Adam Brandt shall have the land he now holds by deed of conveyance from me, in Fairfield County Ohio, which amount is charged in my book, which charge with other charges in said book is to be deducted out of his share of my real and personal estate as well as the mortgage I hold against him to be taken at its amount without interest. Fifthly I do give and bequeath to my son Martin an equal share of all my real and personal estate deducting from his share the whole amount that remains charged against him in my book. Sixthly I do give and bequeath unto my son John and his heirs and assigns all that tract of land whereon he now resides in the County of Cumberland Pennsylvania (it being the mansion tract) containing one hundred and thirty four [acres] and one hundred and three perches (more or less) which I order to be valued at forty five dollars per acre, and he to pay the sum of one hundred and fifty dollars yearly according to an article of agreement dated the second day of February A.D. one thousand eight hundred and thirty seven between me and my son John and now in the hands of John Brandt miller reserving to himself in said tract of land, his full share of all my real and personal estate, which is to be equal with my other sons, deducting therefore the amount he stands charged with in my book. Seventhly I do give and bequeath to my daughter Barbara now intermarried with Jacob Pentz the land they now hold in the State of Ohio, Fairfield County, the deeds of conveyance from me, the amount of which they stand with me in my book, which charge with other charges in said book is to be deducted from the share of my daughter Barbara as herein after mentioned. Eightly I do give and bequeath to my daughter Eve now intermarried with George Bielman an equal share of my real and personal estate as herein after mentioned deducting therefrom the amount charged her in my book to be paid in cash out of the first proceeds of my property. Ninethly It is my will that the amount of each of my daughters legacy shall be two thousand six hundred and sixty one dollars, and that the legacy of each of my sons shall be three thousand and sixty dollars, and if my estate as aforesaid shall amount to more than enough to pay the same then the surplus to be divided equally among all my children, but if it should not amount to enough to pay the sums before specified as legacies, then it is to be divided in the same way allowing my sons each four hundred dollars more than either of my daughters. Tenthly, In addition to the above bequests, I do will to my daughter Eve my large Bible, and to my grand-daughter Francis Brownawell my eight day clock, without charge in either case. Eleventhly It is also my will that all my personally shall be sold immediately after my decease. Twelfthly It is also my will that there shall be no interest charged from any of my children on any book account, note or otherwise. And lastly I do nominate and appoint my son-in-law George Beilman to be my whole and sole executor of this my last will and testament,  hereby revoking all other wills or bequests by me heretofore made and declaiming this and no other to be my last will and testament. In witness whereof I have hereunto set my hand and seal the twenty fifth day of March A.D. eighteen hundred and thirty seven AD 1837.

                                                                                                  Adam Brandt (seal)

From the Pension Papers File: John Andrew Irvin

Reproduced here are several letters and signed statements regarding the health of John Andrew Irvin. These statements were provided by John's neighbors, employers, and friends. These statements are on file in the Military Records collection at the National Archives.

˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜

(affidavit signed April 14, 1890)

In the matter of John Irvin, late private Co. D. 209th Reg. Penna. Vol. Infantry:

     I have been a near neighbor and have known applicant for about fifteen years intimately, and know he has had Rheumatism every year, and almost constantly, in all this period. I often worked for him; he for me; and together at other farms for our neighbors, and he has always shown evidences of his alleged rheumatism in the lameness, soreness, and want of power of endurance. For about five years, the signs have been very manifest, and in my opinion he is fully one-half disabled. 

     I am 43 yrs old, a farmer, and have no interest in this claim. My Post Office address is Fannettsburg, Franklin Co. Pa.

Witness                                                        affiants signature

T. A. Morrow                                               William A. Stinger

˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜

(affidavit signed November 28, 1890)

     I am a farmer and my books show charges with claimant since 1879, but I have recollection that he worked for me as a days laborer some during prior years. In 1882 I had him hired for the year and he frequently lost time by reason of Rheumatism. I found that he was not able to perform the work, as a farm laborer, that I expected him to do. Since 1882 most of the work he has done has been for me by the day or job. This Rheumatism has been continuous and growing worse ever since his first engagements with me, in fact a great deal of the work I have given him has been from the stand point of charity, since he has been unable to do near what we expect an able bodied hand to perform. I cannot rate at more than half labor, the service he gives, all round, when compared with full hands.

     J. S. Simmon

(Signature of Affiants.)

˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜

(affidavit signed December 6, 1890)

     I came into this immediate neighborhood, where claimant resides, when I was 12 to 13 years old, and excepting only one year, I worked on one and the same farm for 10 years, this from 1867 to 1877-8. Claimant is a farm laborer, and while I am unable to exactly fix the dates of his labor and his earliest disabilities I know that he worked at intervals on the same farm from the earliest years of my engagement until the end of my ten years. I recollect for the whole period that he could not be depended on to endure a hard or quick job or day's work, on account of his back and legs giving out and he very often gave up his work to go home, complaining of Rheumatism.
     Since my marriage and housekeeping in June, 1879 excepting only three years when I lived about a mile from him I have been claimant's near or nearest neighbor, residing for more than eight years one-third of a mile from him. I see him 10 to 15 times a month when we are not working together, and I am satisfied that he has had rheumatism ever since I first knew him. He is not now and for several years has not been able to walk erect and is very sore and stiff and ought not to suffer exposure or do any heavy or quick work. Allowed all the leisure he needs he may do half a day's work but considered from the standpoint of an able bodied man he is fully two-thirds or three-fourths disabled.
Peter (his X mark) Runk
   (Signature of Affiants.)

˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜

(affidavit signed December 6, 1890)

   I returned from the army in July 1865, and have lived only about a mile from claimant ever since, and know that he has had rheumatism from that time until the present, getting worse from year to year, until he is so stooped and sore and stiff that he labors, when he can, only under great difficulty. We harvested together during the harvest of 1866, and worked together some every year thereafter for 10 or 11 years, and he always had rheumatism. In 1870 he had an acute attack totally disabling him, and he required constant handling and care during a protracted illness of Rheumatism, and he has had many acute attacks since, totally disabling him, for long or short periods. I am very rheumatic which causes me to note and remember other rheumatic people. His motion is slow and unsteady, his power of endurance very limited his ability to engage in heavier or quicker labors of his engagements is rendered impossible and he can only do a half days manual labor when working alone in his own way; and considering generally he is almost totally disabled.
     Jacob Guyer
(Signature of Affiants.)

˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜

(affidavit signed December 18, 1890)

     I was nearest neighbor of claimant from his return from the army until 1870. I would not at this time attempt to fix dates specifically, but remember well that he was crippled up with rheumatism all the time we were neighbors.
Mrs. Mary (her X mark) Johnston
(Signature of Affiants.)

˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜

(affidavit signed December 2, 1890)

     I am a farmer and claimant worked for me prior to enlistment, loading manure for me only a day or two before going to the Army.
     I am satisfied he had no rheumatism then.
I saw him within a month after his return, and he had rheumatism. I continued to see him at short intervals ever since, and for the last twelve years have lived from two to three miles from him, giving me frequent opportunities to see and hear from him.
   He is not able to do much hard work any more in consequence of his rheumatism, and he has the reputation in this whole community of being very rheumatic.
     John Cowan
(Signature of Affiants.)

The Death of John Andrew Irvin

John Andrew Irvin died on December 2, 1893. Below, you will find the text of three records documenting John's death. Although there is no headstone marking his grave, John is buried in the Fannettsburg Presbyterian Church Cemetery.

Obituary

The Valley Spirit, December 13, 1893, page 7

IRVIN. -John A. Irvin died at his home near Fannettsburg, on December 2, aged 70 years and 3 days. Mr. Irvin was a soldier in the late war and gave good service to his country. He had been in declining health for some years and his death was due to a gradual breaking down of his physical system. Mr. Irvin leaves a widow and several children: George A., a teacher at Steelton; William M., a teacher in Metal district; James, who also lives near Fannettsburg and a married daughter.

˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜

Franklin County Death Record

No. 330

Name                                                John Andrew Irvin

Male or Female,                                           Male

Color,                                                          White

Age,                                                             70 Yrs 2 days

Married or Single,                                         Married

Place of Birth,                                               Keefers Store

Occupation,                                                  Laborer

Date of Death,                                              December 2nd 1893

Place of Death,                                             Willow Hill

Street and No. where

Death occured,

Cause of Death,                                           Consumption

Duration of Last Illness,                                7 days

Place of Interment,                                       Fannettsburg

Date of Interment,                                        December 5 1893

Name of Father - if Minor,

Name of Mother - if Minor,

When Recorded,                                         April 21 1894

Remarks:

˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜

Orphan's Court Record

September Term 1894

Irvin John                        Dec'd    No. 40    1894                            Petition to Sell

                            In the Orphans Court of Franklin County 

To the Honorable the Judge of the within named Court

                           The petition of Wm. G. Irvin, Administrator of 

John Irvin, late of Metal Township in said county deceased 

respectfully showeth,

                          That the said John Irvin died on or about the second 

day of December One thousand eight hundred and ninety three (1893.) 

Intestate leaving to survive him no widow but the following named 

children, William G. Irvin, Willow Hill Franklin County Pa. 

Alvin G Irvin. Steelton Dauphin County Pennsylvania, 

James H Irvin Fannettsburg Franklin County Penna.

Laura Bell Deihl Willow Hill Franklin County Penna

Rosy May and Mary B Metzgar heirs of Elizabeth Irvin Metzgar of

                                                 Willow Hill Franklin County Pa.

Minnie Miller heir of Elizabeth Irvin Miller , Burnt Cabins Fulton Co Pa.

     Your petitioner further represents - that the said decedent died 

seized of and in certain real estate situate in said county a description

of which is hereunto annexed; that the personal estate of said decedent

is not sufficient for the payment of his debts; and the expenses of

settling his estate, as appears by an inventory and appraisement 

of all the personal estate of said decedent exhibited in the office of

Registers of said county and by his Certificate set forth herein,

your petitioner - therefore prays the Court to order a sale of such 

part or so much thereof of the said real estate as shall appear

necessary for the purpose of paying the said debts and expenses,

                                            and he will ever pray. tc.

September 12 ˜ 1894                             Wm. S. Irvin

                                                                          Administrator

                                                                          of Jno Irvin

˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜˜