Last Will and Testament of John Shank
The last will and Testament of John Shank of Cobleskill in the county of
Schoharie and State of New York.
I John Shank considering the uncertainty of this mortal life and being of sound
mind and memory do make and publish this my last will and testament in manner
and form following (to wit)
First – I give bequeath and devise to my son John Shank Jun the old farm in
which I now reside situate in the town of Cobleskill aforesaid containing about
two hundred and thirty acres of land to have and to hold the same to him his
heirs and assigns forever
Second—I give and bequeath to my said son John Shank Jr all my personal estate
of whatever nature in kind soever excepting two beds and bedding, one cherry
bureau, one franklin stove one cherry table nine chairs and two chests, Which I
hereby give and bequeath to my beloved wife Maria Shank which said effects are
now the furniture in the east room, and also desire that my said wife Maria
Shank have the sole and free use of the said east room during her natural life.
It is also my will and desire that my son John Shank Jun shall support and
maintain his mother after my decease in a proper and suitable manner and furnish
her with all the necessary support in life in sickness and in health during her
natural life and also to pay her ten dollars in each and every year during her
natural life which I declare to be a charge on the real estate herein devised to
my said son John Shank Jr. This devise to my said wife Maria Shank is made in
lieu of dower.
Third—I give and bequeath to my son Joseph Shank the sum of one thousand and
eight hundred dollars which I order and direct that my son John Shank shall pay
at my decease which sum may be paid in good bonds and mortgages or other
securities that shall be deemed good and if there should not be a sufficient
amount of such bonds and mortgages or such other securities at my decease I
hereby order that my said son John Shank Jun shall pay the balance or remainder
of said sum of Eighteen hundred dollars in one year after my decease.
Fourth—I give and bequeath to my daughter Christina, the wife of Jacob Henry
France the sum of one hundred dollars to be paid to her by my said son John
Shank Jun in one year after my decease which said legacy I declare to be a
charge upon the real estate herein devised to my said son John Shank Jr.
Fifth—I do hereby constitute and appoint my two sons John Shank Jun and Joseph
Shank and my brother Sebastian Shank Executors to this my last will and
testament hereby revoking all former wills by me made. In witness whereof I have
hereunto set my hand and seal this 3 day of March 1848.
(Signed) John Shank, LV.
The above instrument consisting of one sheet of paper was at the date thereof
declared to us by John Shank the testator therein mentioned to be his last will
and testament and be at the same time acknowledged to us and to each of us that
he had signed and sealed the same and we thereupon at his request and in his
presence and in the presence of each other signed our names thereto attesting
NB The word fifteen in the fourteenth line erased before execution.
John France Cobleskill, Schoharie Co.
George France, Cobleskill Schoharie Co.
In the matter of proving the last will and testament of John Shank deceased
–Schoharie County SS John France and George France of the town of Cobleskill in
the county of Schoharie being first duly sworn in open Court do depose and say
that they were subscribing witnesses to the last will and testament of John
Shank late of the town of Cobleskill in the county of Schoharie deceased.
Deponents further say that the said John Shank the said testator did in the
presence of these deponents subscribe his name at the end of the instrument
which is now shone and exhibited to these deponents and which purports to be the
last will and testament of the said John Shank and which bears date on the third
day of March in the year of our Lord one thousand Eight hundred and forty eight.
Deponents further say that the said John Shank the said testator did at the said
time of subscribing his name as aforesaid at the end of the said will declare
the said instrument so subscribed and now exhibited to be his last will and
testament and deponents did thereupon subscribe their names to the said will as
attesting witnesses thereto at the end of the said will at the request and in
the presence of the said testator and of each other 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 these deponents subscribing their names as
attesting witnesses thereto as aforesaid the said John Shank 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 these deponents. And further
these deponents say not.
Subscribed and sworn this 31 day of May 1849.
State of New York
Schoharie County SS
I Demosthenes Lawyer County Judge of the county aforesaid do certify the
preceding to be a true and perfect record of the last will and testament of John
Shank late of the town of Cobleskill in the county aforesaid deceased and of the
proofs taken in relation to the execution and validity thereof on the 31st day
of May AD 1849 which said will is now recorded as a will of real and personal
estate pursuant to law.
Dated Cobleskill May 31 1849
Demosthenes Lawyer County Judge
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