Wills etc

Will written Aug. 28, 1758 - Proved Nov. 20, 1758

James McCracken, Deceased

IN THE NAME OF GOD AMEN the 28th Day of August in the Year of our Lord One thousand Seven hundred & Fifty Eight I James McCracken of Strasburg Township Lancaster County in Pennsylvania Farmer being sick and weak in Body but perfect in Mind & Memory Thanks be given to God therefore and calling to Mind the Mortallity of my Body & knowing it is appointed for all Men once to die I do therefore make and publish this my last Will and Testament, and First I recomend my Soul into the Hands of Almighty God who gave it, and my Body to the Earth to buried in Christian like & decent Maner, and touching such worldly Estate as it has pleased God to bless me with all I give devise and dispose of the same in the Maner and form following.

First that all my funeral Charges be duly paid off & Next I give & bequeath to my son John McCracken all that messuage and plantation purchased from Jonas Chamberlin lying & situate in Newberry Township in York County in Pennsylvania the same being warranted Land.

ITEM I give & bequeath to my StepSon Gabrel Thomas my black paceing horse branded I. H. and my largest Iron Pott.

ITEM I give & bequeath to my Son James and Daughter Jennet All that Messuage and plantation purchased from Jonas Chamberlin lying & situate in York County in the Township of Newberry on Connowago Creek being Deeded Land And in Case either of the above said parties Vis. James or Jennet McCracken should die without Issue then the sd. plantation to devolve and be the Property of the Surviver or their Heirs.

ITEM I give & bequeath unto Jane Ramsey Wife of Thomas Ramsey a Cow & a Heffer the Cow being the one that commonly carries the Bell.

ITEM I give & bequeath unto my Stepson John Thomas the Sum of Ten pounds Pennsylvania Currancy to be paid twelve Months after my Decease & if said John Thomas should die before the payment of the said Legesy it is to be equally divided between my Children Viz. James & Jennet.

ITEM I give to my Daughter Jennet One Bed & Bed Cloaths & the Residue & Remainder of all my Goods & Chattels shall be disposed of by my Executors & the same shall be made Use of to pay the purchase of the above said Deeded Plantation And I make & ordain my trusty Friends Samuel LeFever and James Wilson whole & sole Executors and Overseers of this my last Will & Testmt. in Trust for the Intents and purposes therein contained.

IN WITNESS whereof I the said James McCracken have to this my last Will & Testamt. sett my hand and Seal
James McCracken (Seal)

Sealed and Delivered in presence of us William Seawight John Rankin John Strain LANCASTER COUNTY SS. November 20th. 1758.
Personally appeared before me the Subscriber William Seawright & John Rankin Two of the Witnesses to the foregoing Writing who on their corporal Oaths did depose and say that they were present and did see James McCracken the Testator sign seal publish pronounce and declare the foregoing Writing as and for his last will and Testament, and Understanding to the best of their Knowledge & Belief.
Edwd. Shippen D. Rr.

Sheriff Sale of property to James McCracken (miller)

NOTE: Sold Sept. 30, 1765; Sealed and delivered May 5, 1767; Recorded Mar. 7, 1768
the blank spaces in this doc were blank on the original.

1768 ROBERT McPHERSON
TO
JAMES McCRACKEN

ROBERT McPHERSON, Esquire, High Sheriff of the County of York, in the Province of Pennsylvania,
TO ALL TO WHOM THESE PRESENTS SHALL COME: GREETINGS: WHERAS, Samuel Lefever, lately of the Court of Comon Pleas at Lancaster before the Justices of the same Court (to wit) in the term of _______ which was in the year of our Lord One Thousand Seven Hundred___________ by his plaint and by the judgement of the same Court recovered against Jonas Chamberlain, Administrator of all and singular the Goods and Chattles, Rights and Credits, which were of James McCracken, deceased, who died intestate, (and as it is said) as well a certain debt of Five Pounds, Seven Shillings and Five Pence lawful money of Pennsylvania, which to the said Samuel by the same Court were adjusted for his debt recovered against him as also Four Pounds for his Damages which he sustained by occasion of the detention of that debt whereof the said Jonas is convict &c.

AND WHEREAS by the Writ of Testaturn Fieri Facias of our Sovereign Lord the King issuing out of the Court of Common Pleas aforesaid tested the ____day of____ in the ____year of the Reign aforesaid and to me the said Sheriff of York County directed I was commanded that of the Goods and Chattles, Lands and Tenements of the aforesaid James McCracken in the hands of the aforesaid Jonas Chamberlain unadministered I should cause to made the debt and damages aforesaid. AND that I should have that money before the Justices aforesaid at Lancaster aforesaid the first Tuesday of ____then next after the test of the said recited Writ to render to the aforesaid Samuel Lefever of his debt and damages aforesd. and that Writ &c., at which day I the Sheriff returned, that by virtue aforesaid, to me directed of the lands and tenaments of the aforesaid James McCracken in the hands of Jonas Chamberlain unadministered I had seized and taken in executation an improvement and tract of land situate in Newbury Township in the County of York aforesaid adjoyning the lands of David Copeland and Richard Peters, CONTAINING One Hundred and Fifty Acres more or less, which said improvement and Tract of Land remained in my hands unsold for want of buyers.

AND WHEREAS by Writ of Venditione Exponas of our said Lord the King issuing out of the same Court of Common Pleas aforesaid tested the eleventh day of May in the fifth year of the Reign aforesaid and to me the said Sheriff likewise directed I was commanded that the improvement and Tract of Land aforesaid so by me taken in executation aforesaid and then remaining in my hands unsold I should expose to sale and the money thereof I should have before the Justices aforesaid at Lancaster aforesaid the first Tuesday of August then next after the test of the said last recited Writ, to render to the aforesaid Samuel Lefever of his debt and damages aforesd. and that Writ &c. at which day I the said Sheriff returned that by virtue of the said Writ of Venditione Exponas to me directed after lawful notice given, I exposed the improvement and Tract of Land Aforesaid to sale by Publick Vendue (the same having been found on the oaths and affirmations of twelve honest and lawful men of my Balliwick by the clear rents issue and profits beyond all reprizes within the space of seven years not sufficient to satisfie the debt and damages aforesd, together with Sundrie other debts of the deceased, in the inquisition mentioned amounting in the whole to the sum of Fourty Six Pounds Nine Shillings and Seven Pence) and the same sold on the twenty first day of August last to James McCracken of York County, Miller, for the sum of sixty seven pounds lawful money of Pennsylvania he being the higest bidder, which money I had ready before the Justices aforesaid at Lan'r: aforesaid place in the said Writ of Venditione Exponas mentioned to render the aforesaid Samuel Lefever of his debt and damages aforesaid as by the said Writ I was commanded as by the said Writ and my Return thereon indorsed remaining among the files and records of the said Court at Lancaster may appear.

NOW KNOW YE That the said Robert McPherson in consideration of the aforesaid sum of Sixty Seven Pounds to me in hand by the aforesaid James McCracken before the sealing and delivery of these presents the receipt whereof I do hereby acknowledge and thereof do aquit and forever discharge the aforesaid James McCracken his Heirs Executors Administrators and Assigns by these presents HAVE granted Bargained and Sold in persuance of the said recited Writ and by force and virtue thereof and of the Laws and Constitution of this Provience in such case made and provided DO by these presents Grant Bargain and Sell unto the said James McCracken and to his Heirs and Assigns... ALL THAT the aforesaid Improvement and Tract of Land with all and singular the Improvements Rights Members and Appurtenances thereunto belonging or in anywise appertaining and also all the Estate Right Title and Interest whatsoever of the aforesaid James McCracken Deceased in his lifetime and his Heirs since his
Decease of in and to the Premisses aforesaid and every part thereof

TO HAVE AND TO HOLD the aforesaid Improvements, Tract of Land and Premises CONTAINING One hundred and Fifty Acres more or less and Premises hereby granted Mentioned or Intended so to be and every part thereof with the Appurtenances unto the aforesaid James McCracken his Heirs and Assigns to the only use and behoof of the said James McCracken his Heirs and Assigns forever, to the form froce and effect of the Acts of the General Assembly of this Provience in such case made and provided.

SUBJECT NEVERTHELESS to the payment of the residue of the purchase money interest quit rent and other reservation due and to be reserved on the same to the Honble, the Proprietaries of the Provience aforesaid their Heirs and Succesors.

IN WITNESS WHEREOF I have hereunto set my hand and affixed my seal of office at York the thirtieth day of September in the Fifth Year of the Reign of our Sovereign Lord George the Third by the Grace of God of Great Britain France and Ireland, King Defender of the Faith &c. and in the year of our Lord God one
thousand seven hundred and sixty five.
Robt. McPherson, Sher. (L.S.)

SEALED AND DELIVERED in the presence of us: Samson *******, John Boyd.
LANCASTER COUNTY SS: Acknowledged in the County Court of Common Pleas before the Justices at Lancaster by Robert McPherson, Esquire, High Sheriff of the County of York. WITNESS my hand and seal of the said Court this fifth day of May in the Seventh Year of our Reign Annoque Dom. 1767.
Edward Shippen, Protonotary (L.S.)
Recorded 7th of March 1768

Letters of Administration

1772 PENNSYLVANIA SS.

Benjamin Chew Register General for the Probate of Wills, and Granting Letters of Administration in and for the Provience of Pennsylvania and Counties of Newcastle, Kent and Suffex, on Delaware.
To James McCracken of York County Greetings.

WHEREAS James McCracken late of Strasburg Township in the County of Lancaster yoeman died having first made his last will & Testament in Writing (a true copy whrerof is hereto Annexed) and thereof appointed Samuel Lefever and James Wilson Executors who refused to accept the said Executorship and renounced the same and letters of Testament annexed were granted by William Plumsted Esquire late Register General of this Provience unto Jonas Chamberlain who also lately died without fully administered the Goods and Chattles Rights and Credits which were of the said James McCracken at the time of his Death within the said Provience and Counties, by Means whereof the full Disposition and Power of granting the Administration of all and singular the said Goods, Chattles and Credits with the Testament annexed of the said James McCracken dec'd and unadministered by the said Jonas Chamberlain and also auditing the Accounts, Calculation and Reconing of the said Administration, and final Dismission from the same to me is manifestly known to belong: I desiring that the Goods Chattles and Credits with the Testament annexed of the said James McCracken dec'd unadministered by the said Jonas as aforesd may be well and truly administered, converted and disposed of to pious Uses, do hereby grant unto you the said James McCracken. (in whose Fidelity in this behalf I very much confide) full Power by the Tenor of these Presents, to administer the Goods, Chattles and Credits with the Testament annexed of the said James McCracken dec'd Yet unadministered as aforesd within the said Provience and Counties: and also to ask, collect, sue for, levy, recover and recieve the Credits whatsoever of the said James McCracken dec'd, which at the time of his Death were owing, or to him did in any Wise belong and not recived by the said Jonas, and to pay the Debts, in which the said James McCracken dec'd stood obliged so far forth, as the said Goods Chattles and Credits will extend, according to the Rate and Order of Law, especially of well and truly administering the Goods, Chattles and Credits of the said Decedent, and making a true and perfect Inventory of all and singular the Goods, Chattles and Credits of the said James McCracken unadministered by the said Jonas as aforsaid and exhibiting the same into the Registers Office at LANCASTER at or before the Seventh Day of June next ensuing, and rendering a true and just Account Calculation and Reconing of the said Administration on or before the Seventh Day of May which will be in the Year of Our Lord one Thousand seven Hundred and seventy three. And I do by these Presents ordain, constitute and depute you the said James McCracken Administrator of all and singular the Goods, Chattles and Credits with the Testament annexed of the said James McCracken dec'd within the Limits aforesaid, saving harmless and forever indemnifying and all other Officers against all other Persons by Reason of your Administration aforesaid, and saving to every one their Rights. In Testimony whereof I have hereunto set my Hand, and affixed my Seal of Office at LANCASTER the Seventh Day of May in the Year of our Lord one Thousand seven Hundred and seventy two.

Edward Shippen D. R.

In the Name of God Amen. I Anthony McCracken of Hamilton Bann Township County of York & Province of
Pennsylvania yeoman being weak in body but of sound & disparaging mind & memory do this twenty sixth day of August in the year of our Lord one thousand seven hundred & seventy four make this my last will & testament (that is to say) first and principally I recommend my soul unto God who give it & my body to the earth to be buried in a decent and Christian manner and my worldly estate I dispose of as follows.

To wit. I give and bequeath to my beloved wife Mary McCracken all that remains of the goods and furniture which she brought to my house after our marriage also her saddle my bay mare and a red cow and the sum of twenty pounds to be paid to her by my executors at any time not exceeding two years after my decease.

Next I order that all of my just debts and funeral charges be paid. I also order my Executors to sell my real estate and to convey the same by lawful conveyance to the purchaser. I also order that the remainder of my personal estate be sold and the money arising from the said sale after the payments are made as aforesaid , I order to be disposed of as followeth that is to be among my four children.

I give & bequeath to my son James McCracken two shares though that is twice as much as one of my daughters including the sum of two hundred pounds for which the said James lately obtained my bond but if he will not deliver up the said bond to my Executors when demanded then I order that the said sum of two hundred pounds be deducted from the said two shares to him above bequeathed and that he receive the remainder of the same only and further it is my will & I do order that if he the said James does intermarry with Sarah Smith that he receive the sum of five shillings sterling money of Great Britain. & no more.

I give and bequeath to Alexander Adams & Mary his wife the said Mary being one of my daughters. One third part or share of this remainder of the money arising from the sale of my estate as aforesaid.

I give and bequeath Archibald Fletcher & Rebecca his wife the said Rebecca being another of my daughters. One third part or share of the remainder of said money arising from the sale of my said estate.

I give and bequeath to William McElwain and Elizabeth his wife the said Elizabeth being another of my daughters one third part or share of the remainder of the money arising from the sale of my said estate
and lastly I do constitute and appoint the aforesaid Alexander Adams & William McElwain sole Executors of this my last will and Testament and do utterly revoke disanul and disallow of and every former and other will or Testament by me heretofore in any ways made and do publish announce Testify and declare this and none other to be my last will and Testament in witness whereof I have hereunto set my sealed signed published commanded testified and ordained by Anthony McCracken to be his last will and Testament in presence of us.

Anthony McCracken (seal)
Robert McPherson
_____ McGaughy

From Sue Maxwell

From the will of Anthony McCracken we know his dau. Mary McCracken (Patton?) was the wife of Alexander Adams and from the settlement of the estate of Alexander Adams we know she married again Joseph Hamilton. The estate settlement papers include orphans court document dated 24 Feb 1779
which lists Alexander Adams wife as Mary who has since married Joseph Hamilton. It lists 6 minor children; Rebekah, Ann, John, Mary, Alexander, & Martha. It lists the guardians of minor children as being James Steveson Moses McLean and Wm. Finley and Samuel Adams. These guardians later went to court against Joseph Hamilton (Mary's new husband) because he would not allow them on the property to check on minor children who now lives with him. There is another document dated 3 Dec 1794 in which John Adams, oldest son of Alexander Adams petitions the orphan court to partition the plantation of his father since Mary (mother of John) and the children cannot agree. This petition now states the children are:
John Adams, Alexander (a minor in guardianship of John McCracken), Martha Adams now married to Andrew McFarrin, Rebecca Adams now married to George McCartney, Ann Adams now married to Alexander Dean, Mary Adams now married to William Chester. The property is later appraised and sold to Alexander Dean and the proceeds divided between the wife and childen of Alexander Adams.

From Bonnye Leary

We know this John McCracken was in Frederick County Maryland in 1792 was "late of York Co. Pa 7 Jan 1794" in York County in 27 Aug 1794.
See deed records below - Book 2-1-343

John Adams of Washington County, Western Terr. So. of the Ohio oldest son of Alexander Adams, my father, who left a widow and 6 children: John, the oldest, Martha, Rebecca, Ann, Mary, Alexander, the younger appoint John McCracken of Frederick County State of Maryland, my attorney to sell.
wit: James McLean

20 Oct 1792
Book 2K No.506 York County, PA 27 Aug 1794
John McCracken
Hamilton Bann Township, yeoman
to Alexander Dean for 1,119 pounds and 15 shillings bearing the date of 17 Jan 1794, property of Alexander Adams, deceased 250 acres. John McCracken, power of attorney from John Adams, of Washington County, Western Territory South of Ohio, oldest son and heir of Alexander Adams, who died
intestate the 20th of October, 1792.

Witnesses William P. Chester and William McLean

York Co. Book 2-O page 369 - 21 Oct 1799

John Adams et al
to John McCracken

John Adams and Alexander Adams, both of Washington Co. State of Tennessee, 7 Jan 1794, to John McCracken Sr. late of York Co PA appoint him our lawful attorney to get from Alexander Dean of Huntington Co PA.
signed
John Adams
Alexander Adams
Washington County TN