HERKIMER/ MONTGOMERY COUNTIES
WILLS & DEEDS BULLETIN BOARD, Part 3
Our wills board has become a big success. The value of wills in
straightening out family relationships, in the absence of official birth,
marriage, and death records, can't be underestimated. Individual wills and
Letters of Administration are placed directly on this page. Other wills that
belong in groups have their own subsections. To contribute your ancestor's will or Letter
of Administration to this valuable online resource,
contact the coordinator.
If you have questions about the whereabouts of resources below that were listed on the former GenConnect boards (for which we once had direct URLs for your convenience), please
Will of Enoch Brockway - now buried somewhere in the new combined topic queries board.
Editor Jerome A. Walrath has sent in more contributions to the GenConnect Wills board!
The will of Peter H. Walrath of Stark, Herkimer County, is posted on the following site. Peter H. was md. to
Maria Roth and had the following children, John, James, Henry, Charles, Joseph, Jacob, William, Nancy, Maria,
and Elizabeth. James, Joseph, and Jacob all became MDs. Henry md. Nancy Roof and they raised their family in Canada.
Betsy md. Sylvester Granger and raised their family in Licking Co., Ohio, Charles P. wrote a letter to his grandson
Sidney Walrath which outlines his family. The letter is in the possession of Thomas E. Walrath who shared it with me.
Also posted is the will of Adolphus H. Walrath of Stark.
If you have questions about the whereabouts of resources below that were listed on the former GenConnect boards (for which we once had direct URLs for your convenience), please
11/9/00 Will of Henry Lott, sent to us
by our contributing editor, Sandi Burns.
Will of Henry Lott of Charleston
Henry Lott- 21st of November, 1816
LDS film # 0513848
At a court held by the surrogate of
the County of Montgomery, at his
office in the town of Johnstown, on
the 21st day of November 1816.
Present; James Lansing, Surrogate
Whereas on the 21st day of October, now last at the request of John Deline of the town of Charleston, in the county
of Montgomery. Aforesaid a citation was issued by the said Surrogate directed to the widow and next of kin of Henry Lott
late of the said town of Charleston, deceased, requiring them personally to appear before the surrogate of the county
aforesaid, at his office in the town of Johnstown in the said county on the 20th day of November now instand at ten
o'clock in the forenoon, then as then to take on them the administration of the goods, chattles and credits of the
said Henry Lott deceased, or show cause why the same should not be granted to the said John Deline who has applied
therefore as a creditor of the said deceased. And whereas it appears by the oath of the said John Deline that the
said citation hath been duly served at least from weeks before the return thereof on Maria Lott, the widow of said
deceased, and on Abraham Lott the father of the said deceased. And now this day thou John Deline appears before the
said surrogate, his office aforesaid. And the said Maria Lott having appeared before the said surrogate at his
office aforesaid and having refused to take on her the administration of the goods, chattles and credits of the
said Henry Lott deceased and the said Abraham Lott not having appeared to take on him the administration, and no cause
having been shown why the same should not be granted to the said John Deline. It is thereupon ordered that the
administration of the goods, chattles and credits of the said Henry Lott deceased be granted to the said John Deline.
1810 Census of Charleston, Montgomery Co., NY
Head of Household John Deline
Males under 10: 4
Males 16-26: 1
Males 26-45: 2
Females 16-26: 1
NY State Prison Pardons 1822
Deline, John. Born in Montgomery Co, NY. Age 36, Light complection, 5' 8 1/2"
Labourer. For purjury, sent in Feb. 17, 1821 for 3 years. Served 2 years and 23 days.
Will of Henry Walradt of Minden|
The following will was written April 4, 1815 and probated January 19, 1822. It was found in the DAR application of Betty
Sheridan Cathey under Patriot Henry Walradt (subject of the Will). This Henry Walradt was known as Henry Walradt, Esq. and
was a Justice of the Peace and Innkeeper. His wife was Elizabeth Bowman.
The will had a number of corrections by the transcriber and it appears as if the original will had been difficult to transcribe.
The name Solomon Satman should have been Solomon Putman, and Henry I. Doller should beenHenry I. or J. Zoller, according to
descendants in those two lines. According to an abstract the Witnesses were:Jacob Bonostadt, Adam M. Conterman, and Christopher
Glazier. These names may also have been difficult to transcribe.
Jerome A. Walrath
Herkimer/Montgomery Counties NYGenWeb
In the name of God Amen. I Henry Walradt of the town of Minden, County of Montgomery and
State of New York, being of sound memory thanks be to God but calling to mind the mortality of my body but uncertainty of the
hour of my death, do make ordain and constitute this to be my last Will and testament concerning my worldly Estate with which
it has pleased the Lord to bless me; after commending my soul into the hands of a merciful Saviour and my body to a decent burial; I
give devise and bequeath order and dispose of the same in manner following.
First, I give devise and bequeath unto my son Adam Walradt and to his heirs and assigns
forever, the farm whereon I now live being part of a patent granted to Hartman Windecker and others, with every thing to and on
said farm belonging as also fourteen acres of land in the South East corner of Lot No. two in a patent called Lansing's Patent
situated in the town aforesaid. And further that my said son Adam or his heirs shall and do convey or cause to be lawfully
conveyed unto my son Peter H. Walradt his heirs and assigns forever the one half of fifty five acres or land part of lot number
twenty four in a patent granted to Colden and Rightmyer in said town. And in case my said son Adam or his heirs shall refuse or
neglect to convey the same as aforesaid either in my life time or soon after my decease then and in such case I do herewith give
and devise unto my said son Peter H. Walradt his heirs or assigns the worth or value of said one half of the fifty five acres of
land in money to be paid by my said son Adam or his heirs and at any time whenever demanded. And futher I give and devise unto
my said son Peter his heirs and assigns the sum of sixty dollars to be paid either in my life time or soon after my decease by
my said son Adam or his heirs. And I do further give devise and bequeath unto my said son Peter H. Walradt and to his heirs and
assigns forever twenty five acres of land I own in lot number one hundred and thirteen in a patent granted to George Klock,
William Nellis and others on the north side of the Mohawk River.
Further I give and devise unto my
daughter Elizabeth late the wife of Moses Van Campen deceased, or to his heirs or assigns the sum of thirty seven dollars to be paid by my son Jacob Walradt or his heirs one year
after my decease. And further I give and devise unto my two daughters Mary the wife of Stephen Scriber and Margareth the wife
of Solomon Satman, unto each of them the sum of thirty seven dollars to be paid by my son Adam or his heirs one year after my
decease to be paid unto my daughters, Catharine the wife of Henry I. Doller & Anna the wife of Henry Moyer to each of them
or their heirs or assigns the sum of thirty seven dollars to be paid by my son Peter H. Walradt or his heirs one year after my
decease. And further I give and bequeath unto my son Adam Walradt his heirs and assigns my Iron bound wagon and mine Iron pipe
stove now in my dwelling house. And further I give and devise unto my said sons Adam and Peter and to my daughters above named
all my bed steads, beds, bed cloaths & bedding my Iron small kettles my brass tea kettle my pewter ware and all such furniture
as shall be found my property at the time of my decease to be divided among them. And I do herewith order that all my just debts
shall be paid by my sons Adam and Peter or their heirs. And if any money shall be standing out at the time of my decease it shall
be unto my sons Adam and Peter or heirs.
Lastly I do hereby appoint as executors to this my last will & testament Peter T.
Moyer and my sons Adam and Peter. And I do herewith ratify and confirm this and no other as my last Will.
In witness whereofI have hereunto set my hand and seal this fourteenth day of April one
thousand eight hundred and fifteen.
Henry Walradt (L.S.)
Alison has posted the Will of Daniel McKinney, d. Florida 1822 - now buried somewhere in the new combined topic queries board..
Whitney has posted the July 3, 1824 Will of Phineas Whitney Sr. - now buried somewhere in the new combined topic queries board.
This group of three deeds of the
Lott family of Montgomery County were donated by Contributing Editor and Lott researcher Sandi Burns.
THREE LOTT FAMILY DEEDS
FHLF#506496 Montgomery County, New York Deed Book 6, 1797-1799. Pg. 155
Indenture made 20 September 1792 between Jeromus Lott of Kings County
Long Island New York Esquire and Lammethe his wife and Carlile Pollock
of New York City, Merchant... for two hundred and eighty nine pounds
seventeen shillings and four pence... sold... (In his actual possession
being by virture of a bargain and sell to him thereof made by the said
Jeromus Lott for one whole year by indenture bearing date the day next
before the day of the date of these presents and by force of the law
made for transferring uses into possession)... All that certain tract...
of land in Palmers Purchase in the counties of Washington and Montgomery
know and distinquished in a map... fell to the share of the heirs of
Thomas Palmer by lot number twenty six in the fourth lot of the said
general partition in the middle division... beginning in the north east
corner of lot number (torn) in the said fourth lot in the middle
division (torn) thence south thirty degrees and fourty one minutes
(torn) hundred and sixteen chains to the southeast (torn) said lot
number twenty five thence north fifty (torn) degrees and twenty minutes
east thrity two chains (torn) per links thence south thirty degrees and
fourty nine (torn) east twenty three chains and twenty links (torn)
sixty nine degrees east nine chains and nine (torn) thence north thirth
degrees and fourty minutes west two hundred and fourty three chains,
thence south fifty nine degrees and twenty minutes west fourty one
chains and fourty four links to the place of beginning containing one
thousand and nineteen acres and one quarter of an acre and which was
originally granted to the Jeromus Lott by George Clinto Esquire Govenor
of the state of New York... By letters patent dated the fourteenth day
of August 1786... Also all that other tract... of land in Palmers
Purchase in the counties Washington and Montgomery know and
distinquished in a map... fell to the share of the heirs of Thomas
Palmer by lot number thirty two in the fourth lot in the middle division
of the said general partition beginning in the northeast corner of lot
number thirty one in the fourth lot in the said middle division and runs
thence south thirty degrees and fourty minutes east two hundred and
seventy four chains and fourty links to the southeast corner of said lot
number thirty one thence south sixty nine degrees east nineteen chains
and sixty four links thence north fifty nine degrees and twenty min.
east eighteen chains and fifty five links thence north thirty degrees
and forty min. west two hundred and seventy eight chains and thence
south fifty nine degrees and twenty min. west thirty eight chains and
nineteen links to the place of beginning containing one thousand and
fifty eight acres and which was originally granted... the Jeromus Lott
by George Clinto Esquire Governor of the state of New York ...by letters
patent dated fourteenth day of August 1786...also all that certain other
tract... of land in Palmers Purchase in the counties of Washington and
Motgomery known and distinguished in a map...fell to the share of the
heirs of Thomas Palmer by lot number thirty four in the fourth lot of
the said general partition in the middle division and runs thence south
thirty degrees and forty min. east two hundred and seventy eight chains
to the south east corner of the said lot number thirty three thence
south fifty nine degrees and twenty min. west thirty seven chains and
sixty nine links to the place containing one thousand and fifty eight
acres which was granted to Jeromus Lott by George Clinto Esquire
Governor.. by letters patent dated the fourteenth day of August 1786 and
also the southern most one half part of all that other tract or parcel
of land in Palmers Purchase in the counties of Washington and Montgomery
known and distinquished in a map... fell to the share of the heirs of
Thomas Palmer by lot number twenty one in the fourth lot of the rear
division in the said general partition beginning in the northeast corner
of lot number twenty in the said fourth lot and rear division thence
running south thirty degrees and fourty minutes (torn) two hundred and
eighty chains and fifty (torn) to the southeast corner of lot number
twenty (torn) east along the fourth lot in the middle division (torn)
seven chains and fourty one links and fifty (torn) links and thence
south fifty nine degrees and (torn) minutes west thirty seven chains and
fourty one links and five ninths of a link to the place of the beginning
containing one thousand and fourty nine acres and three rods (sic) and
which was orginally granted to the said Jeromus Lott by George Clinto...
by letters patent dated the fourteenth day of August 1786 the one half
part of the said east above described lot containing five hundred and
twenty four acres and one half acre one rod and a half... signed Jeromus
Lott and Lammetje Lott... Witness James Abeel and John Ray... Recorded
12 March or May 1790.
FHLF#506501 Montgomery County Deed Book 17, 1820-1823. Pg. 65
John Rapelye of Newtown Queens County New York and Abraham Lott of New
York City... Jacob Rapelje and Paul Rapelje late of New York City... by
a certain indenture made 25 September 1816... sold... all that certain
piece... of land... in Canajorie and adjoins the road leading from
Bonman's Creek to Charleston and is bounded as follows beginning a
little south west of the store and a house that William A. Clark now is
or late was in possession of then runs east twenty eight degrees south
on a chain eighty links to Ira Bucks land thence north three degrees
east four chains fifty links to John Keys land thence west one degrees
thirty minutes south one chains eighty eight links thence south three
degrees west three chains forty seven links to place of beginning
containing one hundred and twenty acres of land... upon certain trust
nevertheless particularly mentioned and set forth in the said
indenture... John Rapelje should retain and hold the said premises here
in mentioned... until the balance due from the said Jacob Rayplje and
Paul Rapelje to the said Abraham Lott upon and adjustment of accounts to
be had between them...dated 28 September 1820...signed Abraham Lott and
John Rapelje...witnesses Charles Rapelje...recorded 2 October 1820.
FHLF#513838 Montgomery County Deed Book 41, 1837-1838. Pg. 103
Indenture made 13 March 1835 between Peter lott and Rebecca his wife of
Charleston and Martin Becher of same... for the sum of two hundred
seventy seven dollars and fifty cents... sold... all that piece of land
lying in Charleston... in a patent granted to William Curry and is known
by the name lot number fifty seven it being the easterly part of said
lot beginning at the north line of the Canajaharie and Charleston
turnpike road at the boundaries of the highway on the easterly line of
said lot at a stake and stones from thence running north seventy three
degrees west along the north side of said turnpike road two chains and
eighty two links to a stake and stones, thence north fifty degrees and
thirty minutes east five chains to a stake and stones, thence south
thirty nine degrees and thirty minutes, east two chains and thirty eight
links to a stake and stones at the northwest side of the highway, from
thence along the northwest side of said highway, south fifty degrees and
thirty minutes west three chains and fifty links to the place of
beginning containing one acre of land... signed Peter Lott and Rebecca
(X) Lott... witness John Burns Jr. and Roseo B. Young... recorded 23 May
The petition of James G. O'Brien of Amsterdam to be administrator of
the estate of his father Michael O'Brien was contributed by Joyce Brown. Michael died 21 February 1890 in Florida, Mont. Co.
PETITION FOR LETTER ADMINISTRATION OF MICHAEL O'BRIEN
NOTE: The differences in the spelling of the name are transcribed as written in the document.
Petition for Letters of Administration
To the Surrogate's Court of the County of Montgomery:
The petition of James G. O'Bryan of the City of Amsterdam in the County of Montgomery N.Y.
Respectfully Shows: That lately and on or about the 21 day of February A.D. 1890 Michael O'Brien died a natural death at the town of Florida
in the County of Montgomery being at or immediately previous to the time of his death a resident of the County of Montgomery: That the
said Michael O'Brien died according to the best knowledge, information and belief of your petitioner, leaving no last Will or Testament:
and your petitioner further shows that the said deceased while living and at the time of his death was possessed of goods, chattels and
credits in the State of New York; and that the value of the goods, chattels and credits of the said deceased at the time of his death
together with the probable amount to be recovered by reason of any right of action granted to an Executor or Administrator by special
provision of law, was about the sum of fifteen hundred ($1500) dollars, according the best judgment, information and belief of the
petitioner : that the only next of kin of said deceased are as follows:
Catharine Peek, Lydia R. Van Heusen and Caroline Gillett daughters of said deceased all residing in the town of Florida aforesaid.
Ann E. Swart a daughter of said deceased residing in the City of Albany, Albany Co., N.Y.
Sarah Tracy, a daughter of said deceased residing at Loudon, Ontario in the Dominion of Canada
John M. O'Bryan, a son of said deceased residing at Palmer, Washington Co., in the State of Kansas
Your petitioner a son of said deceased.
That no petition for a grand of Letters of Administration upon said estate has been filed in any Surrogate's Court of this State:
Your petitioner there prays for a decree awarding Letters of Administration upon the goods, chattels and credits of the said Michael
O'Brien deceased, to your petitioner according to the Statutes of the State of New York in such case made and provided and that a
Citation may be issued to all persons having a right to administration prior or equal to that of your petitioner to show cause why
such a decree should not be made.
Dated March 8, 1890 (Signed) James G. O'Bryan
The wills of John and Isaac Jones were kindly submitted by Jones Family researcher Sally Swantz.
Sally was well-pleased with the assistance and direction she received from Jacqueline Murphy at the Montgomery County Dept. of
History and Archives.
WILL OF JOHN JONES
"Jacqueline Murphy, Montgomery County Historian, showed me this item from
Beer's 'History of Fulton & Montgomery Counties' ":
"In the year 1794, Isaac and Samuel Jones, cousins, from Orange, N.J., purchased lands in the
eastern part of the town. A small settlement had previously been commenced in the same portion
of Amsterdam, and five families were already located in as many log cabins near each other.
Their names were Robison, Ellis, Glass, Allen and Olmsted. Isaac Jones, the same year, moved his
family and settled here. In the following year, Samuel Jones came on with his family and located
where his grand-son, J. V. Jones, now resides. A year or two later, John Jones, the father of
Isaac, moved in and bought out Mr. Robison, and Joseph Baldwin, a relative of the Joneses by marriage,
purchased and settled on the farm of Mr. Olmstead..."
"Starting with this I found the wills of John and Isaac Jones. Information about their families can be
found at the Montgomery County Dept. of History and Archives in Fonda."
John Jones died Amsterdam, Montgomery County, NY 1807.
Will is dated March 7, 1807 and was probated May 1, 1807. Witnesses were Samuel Jones, Abial Peck
and John Thompson, Jr. Executors were son Joseph and Samuel Jones of Amsterdam. Spelling and
punctuation as in original.
I John Jones in the name of God amen, being infirm in Body but sound in
Mind, knowing it is appointed for all Men once to die, and, the Hour when we
are to be calld from time to eternity very uncertain, have thought proper to
make my last Will and Testament in form and manner following (viz:) First it
is my will that all my lawful Debts together with my funeral expences shall
be paid out of my personal property if sufficient if not out of so much of
my real Estate as will be competent for the same, by my Executors
2. To my oldest Son Stephen I give and bequeath the Sum of ten pounds. 3. To
my second Son Moses I give and bequeath the like Sum of ten pounds. 4th. To
my third Son Isaac I give and bequeath the Sum of six pounds. 5th. To my
fourth Son Joseph I give and bequeath the Sum of five pounds. 6th. To my
fifth Son John I give and bequeath the Sum of two hundred pounds. 7th. To my
oldest Daughter Hannah I give the Sum of five pounds. 8th To my 2d Daughter
Rachal I give the Sum of five pounds. 9th To my 3d Daughter Achsa I give the
like Sum of five pounds. 10th. It is my will & I do hereby give and bequeath
to my Wife Abbe the Interest of the remainder of all my real & personal
Estate as long as she lives, and at her decease the same to be divided among
my Heirs in the same proportion as their several Legacies above mentioned
bare to each other. 11th. It is my will and I do hereby constitute Joseph
Jones my Son and Samuel Jones of Amsterdam Executors to this my last Will
with full power to sell or in any way to dispose of not only my personal but
real Estate as they shall in their judgment conceive to be the best. It is
likewise my meaning that the above Legacies shall not be due until six
Months after my decease. And whereas I have to the best of my Judgment
apportioned my worldly Goods among you my dear Children, I warmly recommend
brotherly and sisterly friendship among you & I hope & pray that you all be
satisfied with this which I do constitute my last Will & Testament signed
with my Hand & sealed with my Seal this seventh Day of March A.D. eighteen
hundred & seven.
John Jones L.S.
ESTATE OF ISAAC JONES
Estate of Isaac Jones
Montgomery County, NY Surrogate's Court File
Petition for Probate, filed Sept. 6, 1852
To the County Judge of Montgomery County -
The petition of Elias Jones and Charles Pollock of Amsterdam Montgomery
County Respectfully showeth. That Isaac Jones late of said town, departed this life in said town on or about
the 17th day of May 1852 having previously made and executed his last will and testament as your petitioners are
informed & believe; that your petitioners are named in said will as the Executors thereof, that said will
relates to both real and personal estate - That said Isaac Jones deceased was at the time of his decease a
citizen of the United States of full age, and was at and immediately previous to his decease an inhabitant
of the County of Montgomery. That said testator left no widow, but left him surviving the following heirs and next of kin *wit.
Eliza Wild, wife of Asa Wild of Amsterdam, aforesaid. Abigail Jones of the same place. Ira W. Jones of Flint
Creek in the County of Ontario. Phebe Pettys wife of Varnum Pettys of Haskinsville in the County of Steuben and Mary
Jones of Amsterdam aforesaid his children. And Samuel W. McCormick of Medina, Orleans County, who
was a son of Lydia now deceased who was a daughter of testator and died previously to testator; and Ezra B.
Hagaman of Reedsbury, Sauk Co. Francis M. Hagaman And Cyrus E. Hagaman of Burlington Racine Co. and Jehiel
(or Ithiel) D. Hagaman of Watertown Jefferson Co. who were children of Jemima deceased and who was a daughter
of testator and died before testator all residing in the State of Wisconsin and Henry Dickinson of Watertown
in the county of Jefferson and State of Wisconsin who was a son of Mary Ann deceased who was a daughter of
the said Jemima - the said Samuel W., Cyrus E., Jehiel D. and Henry are minors having no present
guardians to the knowledge of your petitioners, all others named are of full age.
Your petitioners pray that said will may be proved and recorded and
letters testamentary from the probate thereof be issued to your petitioners. Dated Sept. 6th 1852
/s/ Elias Jones
/s/ Charles Pollock
Will: Spelling and punctuation as in original.
In the name of God amen. I Isaac Jones of the town of Amsterdam in the County of Montgomery and state of New
York being of sound mind and memory (blessed be Almighty God for the same) do make and publish this my last
will & testament. I will and direct that all my past and lawful debts funeral expenses including gravestones
also gravestones for my wife now deceased be first paid out of my personal property and if my personal estate
should be insufficient the remainder from my real estate. I give and bequeath to my daughter Abigail
thirty dollars and to my daughter Mary seventy dollars, and all my household goods and furniture wearing
apparel &c to be divided between them as they shall agree. I give and bequeath to my children Viz. Eliza
Wild Abigail Jones Ira W. Jones Phebe Pettyes and Mary Jones all the rest residue and remainder of my personal
and real estate after paying from the same all debts. The expenses and legacies above named to be divided in
equal shares among them to be held and enjoyed by them and their heirs forever. I do hereby nominate and
appoint Elias Jones and Charles Pollock of the town aforesaid the Executors of this my last will and testament
directing and hereby giving them power to defend control and sell and dispose of all my personal and real
estate according to the provisions herein named provided however that my daughters Abigail and Mary have the
use rents issues and profits thereof until sold and that it be not sold until one year after my decease
without their consent the above term of one year may be extended in case of sickness. In testimony whereof I
hereunto set my hand and seal and publish and decree this to be my last will and testament in presence of
the witnesses named below. this twenty seventh day of March in the year of our Lord one thousand eight
hundred and fifty.
Isaac Jones L.S.
Signed. sealed. declared. and published by the said Isaac Jones as and for his last will and testament in
presence of us. who at his request and in his presence and in the presence of each other. have subscribed our
names as witnesses hereto.
Sylvester Judson of the town of Amsterdam
John Baird of the town of Amsterdam
James V. Jones of the town of Amsterdam
The will of James Fox was contributed by
Pearl Coyle. Pearl is a descendant of Frederick Fox, listed on our Military
Honor Roll Part 3.
WILL OF JAMES FOX
Be it remembered that heretofore to wit on the 29th day of December A.D. 1856 James H. Fox one of the
executors named in the last will and testament of James Fox late of the town of Columbia in the county
of Herkimer appeared in open court beforethe surrogate of the said county & made application to have
the said last will which relates to personal estate proved, and on such application the surrogate did
ascustion by satisfactory evidence who were the heirs and next of kin of the said testator & their
respective residences, and said surrogate did thereupon issue a citation in due form of law directed to
the said heirs & next of kin by their respective name, stating their respective places of residence
requiring them to appear before said surrogate at his office in the Village of Herkimer on the 30th day of
January 1857, then next to attend the probate of the his will. And on the said 30th day of January
satisfactory evidence by affidavit was proven and presented to said surrogate & the service of said
citation in the mode prescribe by law and no one appearing to oppose the probate of said will such proceeding
were thereupon had that the surrogate took the proof of the said will hereinafter set forth & he
adjudged the said will to be a valid will of the real and personal estate & the proofs thereof to be
sufficient which said last will & testament are as follows that is to say:--
I, James Fox of the town of Columbia in the County of Herkimer & state of New York being of sound
mind & memory for the purpose of disposing of the residue of my property and estate not heretofore
given to my children do make, publish & declare this my last will and testament in manner following
that is to say. First I order & direct that out of my estate all my debts which I may owe & my
funeral expenses be paid & decent tombstone be erected at my grave as soon after my decease as the
same may properly & practically be done. SECOND I hereby give & bequeath to my beloved wife,
DOLLY, in case she survives me the sum of twenty-five dollars yearly and every year during her life to
be paid to her out of the dividends or income of my stock in the Mohawk Valley Bank but in case it should
so happen that sufficient dividends & income from said bank stocks should not arise then the said
annual sum of twenty-five dollars is to be paid to her yearly out of my other property or estate provided
however that the said sum of twenty-five dollars is to be to her instead of the sum of one
hundred & fifty dollars which by statute she might have set off to her during life. I designing
& intending that she should take the annual sum of twenty-five dollars instead of the one hundred
& fifty dollars provided by statute. I also give to my said wife all my silverware, all her clothing, one
bedstead, bed and bedding as her own & I order and direct that out of my estate a decent tombstone be erected at her
grave as soon after her decease as the same may be practically done. THIRD The five hundred dollars of the
capital stock of the Mohawk Valley Bank which I hold I dispose of as follows - Fifty dollars thereof I give to
my son, JEREMIAH FOX Fifty dollars hereof to my daughter, MARY CATHERINE FOX & four hundred dollars then
to my son, JACOB WILLIAM FOX, but the said bank stock shall during the lifetime of my said wife in case she
survives me be subject to the payment to her out of the dividends or income thereof the annual sum of twenty-five
dollars as hereinbefore provided if so much shall be realized from the said dividends or income. FOURTH I
give also to my said daughter CATHERINE FOX one high bed post bed stead with curtains & all the
beds & bedding belonging thereto. FIFTH I give also to my said son JACOB WILLIAM FOX my writing desk
& book case, all my books, carpenter's tools, tool chest, & one french bedstead & bedding
belonging thereto. SIXTH All the rest & residue of my estate I give to all my children to be divided
between them equally hoping & hereby requesting them that they will amicably and without any expense
carry into effect this my last will and testament. LASTLY I hereby appoint my three sons JAMES H FOX,
MATTHEW H FOX, & JACOB WILLIAM FOX my executors of this my last will & testament hereby revoking all other wills by me made.
In witness whereof I have hereunto set my hand & seal this fifteenth day of December 1853.
/S/ James Fox
Note: I didn't include the addenda re surrogates finding. I tried to send what info. might be used by genealogists.
Last Updated: 7/10/01
Copyright © 2000 - 2001 Martha S. Magill/ Pearl Coyle/ Sally Swantz/ Joyce Brown/ Jerome Walrath/ Sandi Burns
All Rights Reserved.