Last Will and Testment of Jacob J. Casler

LAST WILL AND TESTAMENT JACOB J. CASLER
FEBRUARY 1, 1823

(Book of Will D, #81, Surrogates Court, Herkimer County)
Kindly photocopied by Kathy Huxtable
Transcribed by Denise Wellenstein April 2001

State of New York Herkimer County – to wit:-- And be it also remembered that on the first day of February in the year of our Lord one thousand eight hundred and twenty three before me Nathaniel S. Benton Surrogate in and for the County aforesaid was presented by Frederick Casler the original Last Will and Testament of Jacob J. Casler __ased for the proof and registry thereof which said Last Will and Testament is in the words and figures following, that is to say:--

In the name of God, Amen-I Jacob J. Casler of the town of German Flatts and County of Herkimer, being of sound mind and memory blessed be almighty God for the same- do make and publish this my Last Will and Testament this 31st day of March 1821(?)

First, I do give, devise and bequeath unto my beloved wife Elizabeth the sole use and control of the farm on which I now live for her support of my granddaughter Elizabeth so long as my said wife shall live and remain my widow in line of for all claims or right of dower or thirds in any other part of my estate. And I do also give and bequeath unto my beloved wife all my cattle, sheep, one table and my chairs and the iron stove, also my two best beds straw and feather bedding and bedsteads all bedclothes to the same bedding or used witt__same- but if my beloved with our beloved granddaughter living with his shall choose and freely elect to live elsewhere than on this far then I give he use thereof during such absence to my son Frederick upon condition that he shall and do promptly furnish and supply her our said grandchild with a suitable and proper support and subsistence in all respects in sickness and in health for such persons so long as my said wife shall live an until our said granddaughter shall get married or sixteen years of age and if my wife dies the granddaughter is only to have a living or support till either of those periods out of the farm

Second-I do give devise and bequeath unto my beloved son Frederick and to his heirs and assigns forever all the farm, land and premises where I now live, the land I had of my father, also my right to lot number thirteen of Vaughn’s Patent, to have and to hold to him his heirs and assigns forever upon condition and not otherwise that he or his heirs or representatives shall faithfully and justly pay, do and perform all and every matter legacy and bequest of him required in this my will and testament. ___ that he or his heirs shall within one year after my decease by a good conveyance in law grant and convey free and clear of in cumbrance in fee? simple unto his brother Jacob and his heirs forever the one undivided half part or __ity of all that certain one hundred acres of land described in the deed thereof executed by Jeremiah Ambler and wife to my said sons Frederick and Jacob dated the first day of April one thousand eight hundred and fifteen. And if my son Frederick shall not convey the same then I give and bequeath unto my beloved son Jacob that on half of the aforesaid several pieces of land and premises on which I live to hold to him his heirs and assigns as tenant in common with his brother Frederick forever upon condition that he or his heirs shall faithfully and justly pay do and perform the one half of all and every matter, legacy and bequest in this my will required of his brother Frederick, further that he the said Frederick pay to my beloved daughter Elizabeth and Polly the sum of fifty dollars each two years after the decease of my beloved wife, and the sum of twenty five dollars to be paid by him also to my said grandchild Elizabeth the daughter of my son Jacob by his first wife at such time as my said wife shall direct or when she shall be sixteen years old- and further that he the said Frederick shall pay all my debts and funeral charges and shall within one year after my decease pay and deliver unto my son Jacob one good workhorse for a farmer not more than seven years old, who is sound and good to work, and also eighteen good iron harrow teeth. The bequest and ____n for the support for and maintenance of my said grandchild Elisabeth shall cease when she shall get married or be sixteen years of age.

Third- all my property and estate not particularly mentioned I give devise and bequeath to my son Frederick and his heirs and assigns forever he doing and performing whatsoever is in this my will of him required except for my iron pots and kettles which I give to my beloved wife.

Fourth- I give and bequeath to my son Frederick and my daughter Elizabeth the pew down on the lower floor of our church in German Flatts, and to my son Jacob and my daughter Polly the pew down on the gallery of said church, to have and to hold as aforesaid to them theirs heirs and assigns forever as tenants in common-

Lastly I do hereby nominate, constitute my friends Gen. Christopher P. Bellinger and George H. Feeter executors to this my last will and testament in hopes and confidence they or one of them will see the same fully executed, and revoke all former wills of mine.

Signed, sealed, published and declared by the testator Jacob J. Casler to be his last will and testament in presence of us who signed the same as witnesses in his presence and in presence of each other.
C.P. Bellinger
Rudolph Casler
George H. Feeter

State of New York Herkimer County – to wit:-
Be it also remembered, that on the said first day of February in the year of our Lord one thousand eight hundred and twenty three personally came and appeared before me Nathaniel S. Benton Esquire Surrogate in and for the County of Herkimer, aforesaw, Christopher P. Bellinger who being duly sworn upon his oath declared, that he saw Jacob J. Casler devise sign and seal the annexed written instrument purporting to be the Last Will and Testament of him the said Jacob J. Casler deceased bearing dated the thirty first day of March in the year of our Lord…

 

 

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