Will of Marcus Bellinger


Schoharie County NYGenWeb Site

Submitted by Tonya Frickey

Will of Marcus Bellinger

Transcribed from SAMPUBCO copy by Tonya (Warner) Frickey
Schoharie County, New York Will Book
Surnames: Bellinger, Borst, Becker, Sternbergh; (Brewster, Engle, Mayham witnesses & surrogate)

Will of Marcus Bellinger

I Marcus Bellinger of Middleburgh Scho. Co. & NY State being of sound mind & memory do make ordain publish & declare this to be my Last Will & Testament that is to say.

First: After all my Lawful debts are paid and discharged I give devise & bequeath to my son Marcus Bellinger Jr. forever all that Farm on which he now resides and has resided for years past commonly called the Joseph Borst Farm with the additions made thereto containing about one hundred & ninety acres of Land.

Second: I give and devise to my son Wm. Bellinger forever all that Farm on which he now resides and has resided for years past, in Middleburgh commonly called "Jerry Becker Farm" containing about two hundred & fifty acres of Land.

Third: I give & devise to my said son Marcus Bellinger Jr. and to my grandson Henry Bellinger (son of my said son William) forever stake & share alike as tenants in common all my homestead & farm where I now reside in Middleburgh and have resided for upwards of sixty years with the additions from time to time made thereto. I also give & devise to them as aforesaid forever the remaining equal undivided half Good Lot the Lands herein devised to them to be subject to the changes hereinafter made thereon.

Fourth: I give & bequeath to Eve Bellinger widow of my deceased son John & to each of his daughters or to their heirs respectively the sum of one thousand dollars ($1000) each to be paid to them respectively as follows: one hundred dollars each without interest annually commencing after my decease to be paid by my said son Marcus Bellinger Jr. & by my said grandson Henry Bellinger and the same is hereby charged upon the Lands herein devised to them as tenants in common.

Fifth: I give & bequeath to my daughter Maria wife of William Sternbergh the sum of six thousand dollars ($6000) to be paid from my personal estate in one year after my decease but if my personal estate shall not be sufficient then such bequest to be paid the one half by my son Marcus & the other half by my said son William and the same is hereby declared to be a heir and charged upon the farm herein devised severally to them.

Sixth: I give & bequeath all the rest & residue of my estate both real & Personal the one fourth to the said widow & children of my deceased son John share & share alike & to their respective heirs forever & the remaining three fourths to my said sons Marcus and William & my daughter Maria share & share alike & to their respective heirs forever.

7th…it is my urge {?} & will that my wife shall have ample provision for her comfortable support & I consider dower interest such support and I hereby commission my said wife to the kind and Loving care of my children.

8th…In case I shall not erect a family monument on my burial lot in the Middleburgh Cemetery in my Lifetime it is my will & I hereby require my said son Marcus & my said grandson Henry to erect a suitable monument on said Lot within one year of my decease at their expense to the amount in cost & va____ {page cut off, but probably value} of not less than five hundred dollars & the expense therein is hereby charged upon the Lands herein devised to them.

Likewise I make, constitute & appoint my said sons Marcus Bellinger Jr. & Wm. Bellinger to be executors of this my Last Will & Testament hereby revoking all former Wills by me made. In witness where I have hereunto subscribed my name & affixed my seal this 26th day of Nov. in the year of our Lord one thousand eight hundred & seventy five.

Marcus Bellinger LS

The above instrument consisting of one sheet was {writing added in above was—looks to be at the 26th} here?? {page cut off, probably hereby} subscribed by Marcus Bellinger in the presence of us & each of us he at the time of making such a subscription acknowledged that he made the same & declared the said instrument so subscribed by him to be his Last Will & Testament Wherefrom we there & there at his request & in his presence & the presence of each other subscribed our names as witnesses thereto.

Ralph Brewster residing at Schoharie NY

WH Engle " " Middleburgh "

 

Codicil to Will of Marcus Bellinger

I Marcus Bellinger of Middleburgh NY having made my Last Will & Testament bearing date 26th Nov. 1875 do now make publish & declare the following codicil and annex the same thereto viz:

Whereas since the making & execution of said Will I have advanced & paid in full to the widow & children of my deceased son John Bellinger the legacies & bequests contained in the fourth & sixth clauses of said Will & taken their receipt and discharge there for I therefore revoke said legacies & bequests & give them nothing further.

And whereas since the making of said Will I have paid & advanced to my daughter Maria wife of Wm. Sternbergh before her death & to her children since her death what I consider their just portion of my estate I therefore revoke the fifth clause of said Will aslo {sic} the sixth clause of said Will so far as concerns my said daughter Maria and her children & give them nothing further.

And I give the whole residue mentioned in the sixth clause of said Will to my sons Marcus & Williams in equal portions or to their heirs respectively.

Lastly as above modified, I hereby modify & confirm my said Will.

In witness whereof I have hereinto set my hand & seal the 12 day of November 1883.

Marcus Bellinger LS

The foregoing instrument was at he date thereof subscribed by Marcus Bellinger the testator in our presence and was at the same time declared by him to be a codicil to his Last Will & Testament & we at his request; in his presence and in the presence of each other subscribe our names as witnesses thereto.

Ralph Brewster Schoharie NY

WH Engle Middleburgh NY

 

Schoharie County

Surrogates Court

In the matter of proving the Will of

Marcus Bellinger late of the

Town of Middleburgh deceased Schoharie County

Ralph Brewster & Wm H Engle respectively of Schoharie & Middleburgh Scho. Co. being ??? in Court depose & say that they are the subscribing witnesses to the Last Will of Marcus Bellinger dec’d. that Marcus Bellinger did in presence of these deponents {unclear} & which purports to be the last Will of Marcus Bellinger dec’d, & which Will bears the date on Nov. 26 1875 and to the said codicil on Nov. 12 1883. Deponents further say that the said Testator did at the same time of subscribing his name as aforesaid at the end of the said in-struments declare the said instruments so subscribed & now exhibited to be his Last Will & Testaments & Codicil thereto and these deponents did therefrom subscribe their names at the end of the said Will & Codicil as attesting witnesses thereto at the re-quest & in the presence of the said Testator and of each other and of the other subscribing witnesses thereto. Deponents further say that at he said time when the said testator subscribed his name to the said Last Will & Codicil thereto as aforesaid at the time of these deponents subscribing their names as attesting witnesses thereto as of said. the said Marcus Bellinger was of sound mind & memory of full age to execute a Will of Real Estate & was not under any restraint to the knowledge information or belief of these deponents & further these deponents say not.

Ralph Brewster

Wm. H Engle

?? & subscribed this 22nd of

June 1883 before me

Stephen L Mayham

Surrogate

Surrogate Court

Schoharie County

I Stephen L Mayham Surrogate of Scho, Co. do hereby certify that the Last Will & Testament & Codicil hereto of Marcus Bellinger late of Middleburgh dec’d of which the foregoing record is a true copy was by me duly admitted to probate recorded as a Will relating to Real Personal estate one {sic} the 22ndof June 1885. Which record together with the foregoing record of the Proof & Examinations taken before me in relation to the execution & validity thereof is hereby signed & certified by me pursuant to the statutes of this State.

{Signature of Stephen L Mayham}

Surrogate


A Note to Researchers using this Web-site: As you use this site, please keep in mind the difference between primary and secondary sources and the importance of building a preponderance of evidence. Accept nothing without further checking. It is our hope that through this collection of data from many sources, you will find a piece of the puzzle that you are working on and that may lead you to further discoveries.

Links to external web sites are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or approval of any of the products, services or opinions contained in any external web site.

Return to the Wills Index
Welcome Page of the Schoharie County NYGenWeb Site
Page created March 4, 2007