John Binkley (1758 - 1797)

Born 24 Dec 1758 in Lampeter Twp., Lancaster Co, PA

Ancestors

Descendants

Died 2 Sep 1797 at age 38 in Lampeter Twp, Lancaster Co, PA

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Biography

Born 24 DEC 1758. Lampeter Twp., Lancaster Co, PA. ^[1]

Died 2 SEP 1797. Lampeter Twp, Lancaster Co, PA. ^[2]

Buried 1797 Mellinger Cem., Lampeter Twp.^[3]

Note: #NI0019.

Marriage Husband John Binkley. Wife Susana Herr. Child: John Binkley. Child: Felix Binkley. Child: Elizabeth Binkley. Child: Rudolph Binkley. Child: Veronica Binkley. Child: Christian Herr Binkley. Child: Rudolph Binkley. Child: Anna Binkley. Child: Henry Binkley. Marriage ABT 1780. ^[4]

Husband Felix Binkley. Wife Anna Mylin. Child: John Binkley. Child: Maria Binkley. Child: Johnson Binkley. Child: Anna Binkley. Marriage BEF 1758. ^[5]

Notes

Note NI00191790- 1790 Census of Lampeter Twp., Lancaster Co, PA is John Binkley with 3 white males 16-up, 2 males 0-16, 3 females. 1

In the book Daughters of the American Revolution on page 240 there is a John Binkley serving as private in Capt. John Sleter's company, Lancaster County, Pennsylvania militia, 1781. 1

LAST WILL AND TESTAMENT, JOHN BINKLEY d 1797.

(Will Book G, page 41, Lancaster Co, PA).

Transcribed (and modernized) by Lee J Arthurs, October 18, 2008. 1

John Binkley Deceased. IN THE NAME OF GOD, AMEN. 1

I, John Binkley, of the Township of Lampeter in the County of Lancaster, State of Pennsylvania, Miller, being weak of body but of sound and well disposing mind and memory, blessed be almighty God for the same, do make and publish this, my last will and testament in manner and form following. 1

First I recommend my soul into the hands of God and my body to Earth to be decently buried at the discretion of my Executors. And order that all my just debts and funeral expenses be paid and discharged by my Executors out of my estate as soon as conveniently may be after my decease. And as touching such worldly estate where with it hath pleased God to bless me with in this life, I give, devise, and dispose of the same in manner following, to wit: 1

I give and bequeath unto my beloved wife Susanna Binkley the sum of five hundred pounds money in gold or silver coin, and in other currency to be paid and levied out of my real estate and that out of my mill and plantation where I hereafter shall give and devise onto my eldest son John Binkley in manner and form following, viz, fifty pounds part thereof to be paid unto him at such time when my said son John Binkley shall come to the age of twenty-one years and thence the like sum of fifty pounds yearly and every year until the said sum of five hundred pounds shall be fully paid as aforesaid. 1

Item: I give and bequeath unto my said wife Susanna Binkley one of my horses and mares and one of my cows of her own choosing, two beds and bed furniture, one of my chests, one table all of her choosing. Also the one-half of all my kitchen furniture and my kitchen dresser, two of my leather bottom chairs and two other chairs, having her own choice. And also I give and bequeath unto my said wife my new walnut chest of drawers and all my woolen and linen cloth, and as many of my table cloths and towels as my said wife like to take. Also I give unto her my said wife my templated stove which is in the old room of my house. 1 It is my will and order that my wife and family shall occupy my dwelling house and farm fields and meadows and cleared land on this side the creek adjoining my dwelling house where I now live and also the cleared land and meadows lying and being by the little house on this side the creek after my decease as long until my said son John Binkley shall come to the age of twenty-one years, that is if my said wife shall choose to do. And my said wife may take as many of my horses, cows, and other farming furniture as she my said wife like to take or may see occasion at the rate and valuation of the appraisement, and at the time when she quits farming my said wife is to pay to my executor or to the guardian of my estate the same she took according as it was rated and valued. And the rents or profits arising during the time she was farming my said wife may keep for her own self and for maintaining schooling and nourishing up my children during the time aforesaid. 1 I give and devise unto my eldest son John Binkley my mill and plantation where I now live and occupy situated in Lampeter Township, Lancaster County, and in the state aforesaid containing fifty acres more of less being the same tract of land which I became of my father deceased. Also I give to my son John Binkley privilege to the spring and spring house on the other side the creek being upon the lot which I purchased of my brother Johnston Binkley that is to say he shall have use of the one-half of said spring and spring house leaving the other one-half of said spring and spring house to his youngest brother Henry Binkley. To have and to hold the said right use and privilege to and of said spring and spring house unto my said two sons John and Henry Binkley to them and their heirs and assigns forever. And also to have and to hold the aforesaid mill and plantation with the appurtenances thereto belonging to him my said son John Binkley to him and his heirs forever. According to the payments, legacies, and subjects hereinafter mentioned. And I will and order when he my said son John Binkley shall come to the age of twenty-one years then he my said son shall choose two men and my executors or guardians of my person and estate or survivors of them shall also choose two men. And then these chosen parties shall value and appraise my above mentioned mill and plantation unto my said son John Binkley and said chosen parties shall make and set also the yearly payments thereof according to their best knowledge and understanding. 1 I will and order that my said wife Susanna shall have after my death and after she quits farming a free uninterrupted seat in my dwelling house where I now dwell, viz, the two rooms in the old part of my said dwelling house, and also she shall have liberty to pass and re-pass in my said house, kitchen, and entry wherever she pleases, and also I give my said wife privilege in my kitchen to the fireplace and also privilege in my cellar spring and spring house to make use of the same as much as she shall have need of the same. I also give her privilege of the bake oven for her necessary use and use of the half of my plant and cabbage garden for and during the term of her natural life and widowhood. And also my said wife shall have the following articles yearly and every year, viz, twelve bushels of wheat thrashed and cleaned, eight bushels of good and clean rye, ten gallons of good rum, two barrels of good cider ready-made, one fat hog of about one hundred and fifty weight, seventy pounds of good beef, twenty-five pounds of good hackled hemp, eight pounds of good wool, sufficient firewood for her own use ready cut and hauled to the house, as much fruit of the orchard of said place as she shall have need or like to take for her own use, also as much fruit of the orchard of my son Felix’s place as she will like to take for her own use, feed and pasturage for one mare or horse and one cow to be fed and kept by and in the same manner as those who possess or occupy my said mill and place as they do keep their own cows and horses, also stable fit for the same horse or mare and cow. All the above articles and sum of money shall be delivered and paid unto my said wife according to the meaning and conditions above written by my said son John Binkley or by the possessor of my said mill and plantation, during her natural life or widowhood that is to say as long she will remain my widow and which together with the above mentioned legacy of five hundred pounds shall be in full in lieu of her third and dowry out of my whole estate both real and personal. 1 I order and will that after my decease my executors or survivors of them shall lease and let out my mill and plantation known by the name of Mr. Wisters of Dr. Kennedy’s place with all buildings and appurtenances thereto belonging also the little house known by the name of the Little Taylor’s Dwelling House and the rents or profits arising out of the same shall be included with my estate and may be applied toward paying my just debts or legacies above and hereinafter mentioned. 1 I will and order that my plantation and tracts of land situated in Lampeter Township in the county and state aforesaid known by the name of Mr. Wister or Dr. Kennedy’s Place as already aforesaid shall be divided in manner and form following, viz, in three equal shares and shares alike suitable and convenient to the houses which are already erected upon the same one hundred acres more or less to be allotted to the house where Dr. Kennedy formerly dwelled. And one hundred acres more or less to be allotted to each of my other two little houses which being upon the said place or tracts of land. And the said divisions to be made as soon as my son Felix Binkley shall come to the age of twenty-one years awarding in manner following, viz, my said son Felix Binkley and my executors or the guardians of my persons and estate each parties shall choose two men and those chosen parties shall make the above mentioned divisions and also those parties shall rate, value, and appraise and shall also set and order the payments of the same allotted division which belonging to the said Dr. Kennedy’s Dwelling House which said division so rated, valued, and appraised I give and devise unto my said son Felix Binkley to have and to hold the same division with the appurtenances thereto belonging to him and to his heirs and assigns forever according to the contents and conditions above mentioned. 1

Item, I give and devise to my son Christian Binkley the division of one hundred acres more or less on which is an excellent mill seat and I order and will that the same shall be rated and valued to him my said son Christian Binkley in manner as above written by such parties as my said son Christian Binkley and my executors or guardians of my persons and estate will or shall choose and appoint. And also the chosen parties are to make and set the payments for and of the same valuation sum, to have and to hold the same division as aforesaid. And also together the privilege of a water right up the creek or elsewhere sufficiently for a mill and mill dam and whatsoever belonging to said division unto my said son Christian Binkley his heirs and assigns forever according to the contents above mentioned. 1

Item: I give and devise to my son Rudolph Binkley the same division of one hundred acres being more or less the same may be known by the name of Little Taylor’s Dwelling Place and I will and order the same shall be rated and valued and also the payments to be made and set unto his my said son Rudolph Binkley according to the rule above mentioned to have and to hold the aforesaid division or tract of land unto my said son Rudolph Binkley, his heirs and assigns forever according to the contents and conditions above mentioned together with the appurtenances thereto belonging. 1 I give and devise to my son Henry Binkley the lot or patch of ground which I have purchased of my brother Johnston Binkley and the same also shall be valued in the same course and rule as it is above mentioned by my other devised lands to have and to hold the same lot or patch of ground with the appurtenances thereto belonging unto my said son Henry Binkley his heirs and assigns forever except what is above already excepted of the spring and spring house. 1 I will and order that any one of my aforesaid sons shall have a right and leave of my executors or their guardians to possess and dwell upon their above divisioned tracts or divisions of land under the age of twenty-one years. If it should happen that one of them or either of them should marry by giving and paying yearly a reasonable rent to my executors or their guardians. And I also order and will if it should happen that one of my sons should die under the age of twenty-one years leaving a plantation or tract of land and leaving no lawful issue, then my youngest son Henry shall inherit his expired brothers’ division of land or plantation upon the same rate and condition as it is already above mentioned. 1 I do order and will that my executors hereinafter appointed shall after my decease may be public vendue or private sale sell my plantation which being and situating in Trummore (sic Drumore?) Township (PA?) and also my right and claim of that plantation situated in Huntingtown (sic Huntingdon?) County (PA?), the money arising out of the same shall be included with my other estate and be applied toward the payments of my just debts. 1 It is my will and order that all my estate both real and personal shall be equally divided between my eight children John Binkley, Felix Binkley, Christian Binkley, Rudolph Binkley, Henry Binkley, Elizabeth Binkley, Fronica Binkley, and Anna Binkley or the survivors of them, every one of them shall have share and share alike of my whole estate that is to say all valuation sums of lands, rents, profits, and chattels whatsoever belonging to my estate shall be equally divided amongst my eight children above named. 1 And lastly I do hereby constitute, nominate, and appoint my brother Johnston Binkley and my trusty friend Martin Mellinger executors of this my last will and testament and also I empower them or the survivor of them to make, sign, seal, execute, and deliver lawful deeds of and to the land or plantations above already to be sold and I also empower my said executors or the survivors of them or the guardians of my personal estate to make, execute, and deliver unto my above mentioned sons good and sufficient deeds for the land herein above to them bequeathed and devised as soon as they my sons give good and sufficient security towards the legacies as above mentioned. And I do hereby revoke and disallow all the other wills and testaments by me in anywise heretofore and ratifying and confirming this and no other to be my last will and testament. 1

In witness whereof I have hereunto set my hand and seal the eighth day of August in the year of our Lord one thousand seven hundred and ninety-seven. 1

John Binkley (signed). 1

Signed, sealed, published, and pronounced and delivered by the above named John Binkley as his last will and Testament in the persons of us who have hereunto set our hands as witness in the presence of the Testator. 1

The word sufficient in the eighth line of the third page and the word it in the twenty-sixth line of the same page being interlined and corrected before the signing. 1

John Weaver and Abraham Brubaker (signed). 1

Lancaster County, PA. 1

On the twenty-third day of September in the year of our Lord one thousand seven hundred and ninety seven before me the subscriber personally appeared, John Weaver and Abraham Brubaker, the two subscribing witnesses to the above and within instrument in writing who upon their solemn affirmation according to law did declare and say that they were present and saw and heard John Binkley, the Testator therein named sign, seal, publish, pronounced, and declare the said writing as and for his last will and testament and that at the time of the doing thereof he was of sound and well disposing memory and understanding according to the best of their knowledge, observation, and belief. 1

G. Rofs, Register (signed). 1

Be it remembered that on the twenty-third day of September in the year of our Lord one thousand seven hundred and ninety seven, the last will and testament of John Binkley late of Lampeter Township in the County of Lancaster, Miller, deceased, was provided in due form of law and letters testamentary thereon were granted unto Johnston Binkley and Martin Mellinger, the executors therein named, they having first been duly qualified well and truly to administer the estate of the said deceased ---- especially to exhibit a true and perfect inventory thereof into the Register’s Office at Lancaster on or before the twenty-third day of October next and render a just and true account of their administration on said estate on or before the twenty-third day of September in the year of our Lord one thousand seven hundred and ninety-eight or when there to lawfully required. 1

Given under the seal of the said Office. 1

G. Rofs, Register. 1

Sources

1. ↑ Source: #S01936
2. ↑ Source: #S01936
3. ↑ Source: #S01936
4. ↑ Source: #S02019
5. ↑ Source: #S01750

• Source: S01936 Gravestone by Lee Arthurs