Will of Jacob Hone

Schoharie County NYGenWeb Site

Submitted by Linda Roorda

(b. Apr 23, 1813, d. Jun 2, 1884)

Schoharie Co NY Will Book Vol. 11 page 102

The last Will and Testament of Jacob Tillapaugh of Carlisle in the County of Schoharie, State of New York.
I Jacob Tillapaugh of Carlisle aforesaid of the age of sixty nine years and upwards and being of sound mind and memory do make, ordain, publish and declare this to be my last Will and Testatment in manner and form following that is to say

First, I give devise and bequeath to my dearly beloved daughter Mina Tillapaugh the full entire and exclusive use, rents issue and profits of what is known as my homestead farm, and is bounded n the North by lands owned by Abraham Tillapaugh known as the Winters farm, Easterly by said Winters farm and lands of George Hemstreet, Southerly by lands of Menzo Tillapaugh and the highway and west by land belonging to me and the highway separating these premises from what is called my West farm and is known as the old homestead farm once owned by my Father and contains about seventy five acres of land more or less. I also give devise and bequeath my said daughter Mina as aforesaid the use occupation full and exclusive use of Nineteen acres of wood and which is bounded as follows North by lands of Geo. And Dewitt C. Hunt, East by lands one (sic) owned by Jennes (?) H. Johnson deceased and South and West by the aforesaid Winters farm and contains nineteen acres as aforesaid to have and to hold to the said Mina the two before described pieces and farms of land for and during her natural life of said Mina and there to cease and terminate.

Secondly, at the death of my said daughter Mina I give devise and bequeath the before described peices (sic) parcels or farms of land containing about seventy five acres and nineteen acres of land respectively to my children of any said Mina, should she have living at the time of her death and give half to my grandson Jacob son of Abraham Tillapaugh, should my daughter Mina have no children or beaing (sic) none surviving her then I give the whole of said peices (sic) or parcels or farms of land so described to my grandson subject only to the condition that should his father Abraham put in any claim against my estate of any kind or nature and particularly any claim for any legacy from the estate of his grandfather Hutton then in that event said claim is to be paid from his Jacob's interests in said lands and not otherwise.

Thirdly, I give, devise, and bequeath to my three daughters to wit: Lydia wife of James H. Johnson, Jane wife of Israel Yates and Henrietta wife of Theodore Starr that certain farm owned by me knows as the West Farm and bounded on the North by lands of Lydia Crosby and Henry Runkle, on the east by the highway separating the homes and far before conveyed and these described premises, South by lands of Geo. Van Der Werken and others and West by lands of Jacob Otman and contains about one Hundred acres of land more or less to have and to hold said described premises to them their heirs and assigns forever subject however to the payment of certain debts and legacies as herinafter (sic) provided for and also reserving the right for my daughter Mina or the parties owning my homestead farm to go in front said farm and dig such ditch or ditches as may be necessary to drain the water that may stand along the creeck (sic) running across said homestead farm to do as little damage as possible.

My said three daughters last aforesaid from said real estate are to pay the legacies herein bequeathed to my two grandchildren Carrie and Menzo. My three daughters as last aforesaid are to pay also a note of Two Hundred dollars and interest that may be due thereon given by me to my daughter Henrietta. I also order and direct that form said Real estate y daughter Jane from her share shall pay a note held by me against her husband Isreal (sic) Yates should it not be paid [by] me before my decease. I also direct and order that my two daughters Jane Yates & Henrietta Starr shall each have from said lands two hundred dollars in full of their grandfather Huttons legacies ore than my daughter Lydia Johnson who has received said legacy.

Fourthly, I give to my two grandchildren Carrie and Menzo children of my deceased daughter Maria each the sum of Two Hundred dollars to be paid as aforesaid by my three daughters last named when they shall have respectively arrived at the age of twenty two years. In case of the death of both the Legacy not to be paid lastly all the rest & residue of my property estate of every kind and nature I give and bequeath to my daughter Mina I having in my life time given my sons and daughters other than those mentioned all intended for them and allso (sic) appoint my said daughter Mina sole executrix of this my last Will and Testament hereby revoking all former Wills by me heretofore made. In witness whereof I have hereunto set my hand & seal this 12th day of May 1884.

Jacob Tillapaugh (LS.)

The foregoing instrument consisting of one sheet was at the date thereof signed sealed published and declared by the said Jacob Tillapaugh as and for his last Will and Testament in our presence, who at us (sic) request and in his presence and in presence of each other have subscribed our names as witnesses thereto.
F. P. Moulton, Root, N.Y.
Willard Simpkins, Carlisle

Schoharie County}
Surrogates Court }
In the matter of proving the Will of Jacob Tillapaugh}
Late of the town of Carlisle--------------------deceased} Schoharie County, SS

Freeman P. Moulton of Root in the County of Montgomery and Willard Simpkins of Carlisle in the County of Schoharie being first duly sworn in of the ____ Court do depose and say that they are the subscribing witnesses to the last Will and Testament of Jacob Tillapaugh dec. of the town of Carlisle in the County of Scho. deceased. That the said Jacob Tillapaugh did in the presence of these deponents subscribe h is name at the end of the instrument which is now shown and exhibited to these deponents and which purports to be the last Will and Testament of the said Jacob Tillapaugh deceased and which Will bears date on the 12 day of May in the year of our Lord one thousand eight hundred and eighty four. Deponents further say that the said Jacob Tillapaugh the said testator did at the same time of subscribing his name as
aforesaid at the end of the said instrument declare the said instrument so subscribed and now exhibited to be his last Will and Testament and these deponents did thereupon subscribe their names at the end of the said Will as attesting witnesses thereto 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 Jacob Tillapaugh was of sound mind and memory of full age to execute a Will & real estate and was not under any restraint to the knowledge information or belief of these deponents and further these deponents say not.
F. P. Moulton
W. Simpkins

Surrogates Court }
Schoharie County} SS

I Stephen L. Mayham Surrogate of Schoharie County do hereby certify that the last Will and Testament of Jacob Tillapaugh late of the town of Carlisle in the County of Schoharie deceased of which the foregoing record is a true copy was by me duly admitted to probate and recorded as a Will relating to Real & Personal property on the 7th day of September 1884 which record together with the foregoing record of the profs and examinations taken before me in relation to the execution & validity thereof is hereby signed and certified by me pursuant to the Statutes of this State. Stephen L. Mayham, Surrogate

Transcribed: July 6, 2002 from SAMPUBCO copy
 Linda A. Roorda

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