Schoharie County NYGenWeb Site
Submitted by Teena (Mayham) Schroeder
(born September 27, 1793 died December 17, 1855 - son of Henry Maham and Catherine McGlothlin who were early settlers of Blenheim Hill)
THE WILL OF JOHN MAYHAM
I John Mayham of the town of Blenheim in the County of Schoharie and State of New York, bring of sound and disposing mind memory and understanding, blessed be Almighty God for the same, do make publish and declare this my last will and testament in manner and form following that is today.
First I order and direct my Executors here inafter named to pay all my just debts and funeral expenses as soon after my decease as conveniently maybe.
Second I give and bequeath unto my youngest son John B. Mayham one hundred dollars which said sum is to be appropriated by his Guardian here inafter named for his Education in such a manner as shall best promote the education of my said son, and I hereby direct his said Guardian to expend the whole of said sum for that purpose before he shall arrive at the age of twenty one years, which said sum I hereby require my Executors here inafter named to pay to his said Guardian as follows fifty dollars within one year after my decease and the further sum of fifty dollars within two years from the time of my decease.
Third I hereby authorize my Executors here inafter named as soon after my decease as conveniently maybe to settle and dispose of all my personal property except such as in their judgement will be necessary for the comfort and support of my beloved wife Betsey Mayham and such of my said family as maybae together as a family with my said wife at time of my decease.
Fourth I give and bequeath unto my said wife all my household furniture, wardrobe, and family library, which I may have or own at the time of my decease.
Fifth I do hereby will devise and bequeath unto my said wife Betsey Mayham during her natural life one equal third part of all my real estate of which I may die seized or possessed, and the rent issues and profits of said one third part thereof for her support and maintenance, and I do expressly charge the balance of her support upon the balance of my real and personal estate in case the one third part of my real estate shall be insufficient and inadequate to her comfortable and sufficient support after applying the rents issues and profits of the said one third as aforesaid, which said one third part of my real estate shall be in lieu and base of the right of dower of my said wife and the remainder of the said one third part of said real estate after the death of my said wife I give and devise to my heirs at law in equal parts or in such proportions as the law will decide the same, and I hereby direct my Executors to invest the purchase of money of one third of said farm in case they shall sell the same after paying all of the just debts, the interest of which shall be accurately appropriated for the benefit of my said wife, and the remainder after her death to be equally divided between my heirs at law as above provided.
Sixth I hereby give devise and bequeath unto my sons William Mayham, Stephen S. Mayham, Thomas T. Mayham, Jay Mayham, and John B. Mayham and to my daughters Louisa P. OHara, Lourena Ruland, Charlotte Morehouse, and Mary E. Mayham and to my grandsons Charles S. Mayham, Edwin Mayham, and Frank R. Mayham, children of my deceased son Isaac Mayham, all the rest residue and remainder of my real and personal estate which I may have at the time of my death subject to the above limitations and conditions to be divided equally among my children aforesaid share and share alike, that in the whole of my real and personal estate subject to the above limitations and conditions to be divided into ten equal parts each of my said children aforesaid to have one of said parts, and one of said parts to be equally divided between my grand children aforesaid, which last mentioned past, I direct my Executors to invest for their benefit and to be paid to them on their arriving at the age of twenty one years respectively, and in case of the death of either of said grandchildren then I direct the portion to which the one so dying would be entitled to the paid to his survivor in equal proportions, but in case of the death of all of my said grandchildren before arriving at the age aftersaid, then I direct that the shares to which they would be entitled as aforesaid, be divided equally among my children aforesaid who are now living share and share alike.
Seventh I do hereby authorize and my Executor herein after named in case it may in their judgement be necessary in the due administration of my estate to sell my real estate to sell the same subject near the less to the claims of my said wife as known before specified.
Eighth I do hereby dispose of the custody administration of my daughter Mary E. Mayham and my son John B. Mayham if they shall be minors at the time of my death, during the time of this said minority to my wife Betsey Mayham. And do hereby Constitute her the Guardian both of their persons and estate real and personal
Ninth I do hereby nominate and appoint my two sons William Mayham and Stephen S. Mayham Executors of this my last will and testament, and hereby expressly revoke all and any other and former will by me made. In Witness Whereof I have herewith set my hand and seal the first day of December A.D. one thousand Eight Hundred and fifty five.
Signed, sealed, published and
declared by the testator to be his
last will and testament in pres-
ence of us Who at his request
and in his presence and in the presence of each other have subscribed our names as witnesses.
Nathan S. Peaslee of Blenheim, Schoharie County, NY
George H. Champlin of Blenheim, Schoharie County, NY
Schoharie County Surrogate Court } In the matter of proving the last will and testament of John Mayham deceased Schoharie County for Nathan S. Peaslee and George H. Champlin of Blenheim in the County of Schoharie, bring first duly sworn in open court do depose and say that they are subscribing Witnesses to the last will and testament of John Mayham late of the town of Blenheim in the County of Schoharie deceased. Deponents further say that the said John Mayham the said testator did in the presence of said Deponents subscribe his name at the end of the instrument, which is now shown and exhibited to said Deponents and which bears date on the 1st day of December in the year of our Lord one thousand Eight Hundred and fifty five Deponents further say that the name John Mayham the said testator did at the said time of subscribing his name as above and at the end of said Will declares the said instrument to subscribed and now exhibited to be his last will and testament and deponents did then upon subscribe their names to the said Will as attesting witnesses at the end of the said will at the request and in the presence of the said testator and of said others. Deponents further say that at the said time when the said testator subscribed his name to the said last will as aforesaid, and at the time of said deponents subscribing their names as attesting Witnesses as aforesaid the said John Mayham was of sound mind and memory of full age to execute a will of real Estate, and was not under any restraint to the knowledge information or belief of said Deponents and further these Deponents say not.
Nathan S. Peaslee
George H. Champlin
Subscribed and sworn
this 31st day of March
Lyman Sanford, County Judge
Schoharie County Surrogate Court } I Lyman Sanford County Judge of said County do hereby certify that the preceding is a true and perfect record of the last will and testament of John Mayham late of the town of Blenheim, Schoharie County, deceased, and the proofs and allegations taken in relation to the execution and validity thereof at the time the said Will was duly proven in open Court pursuant to law, and the same is truly recorded as a will of both real and personal estate. Dated March 31, 1856.
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