Abstract of The Last Will and Testament of John Shank


Schoharie County NYGenWeb Site

submitted by David Stearns

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 witnesses.
NB The word fifteen in the fourteenth line erased before execution.

John France Cobleskill, Schoharie Co.
George France, Cobleskill Schoharie Co.


Schoharie County
Surrogate Court

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.
John France
George France
Demosthenes Lawyer

County Judge

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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