Will of Peter Flagler


Schoharie County NYGenWeb Site

Submitted by Diane Frazier

LAST WILL AND TESTAMENT OF PETER FLAGLER

Transcribed from SAMPUBCO photocopy by Diane B. Fredericks Frazier
Albany Co. N.Y.old Westerlo 19-470

Flagler, Newberry, Stewart

The last will and testament of Peter Flagler
Proved and recorded December 12th 1864 as a will of
real and personal estate.
In the name of God Amen. I Peter Flagler of the town
of Westerlo in the county of Albany and State of New
York being of sound mind and memory do make publish
and declare this my last will and testament in manner
following that is to say
First, I order that I be decently buried and my
funeral expenses be paid .
Second, that my debts be paid.
Third, That my wife have one third of all my real
estate and one third of all my personal property in
lieu of dower for to hold during her natural lifetime
and after her death to be equally divided among my six
children Morgan John William Peter H. Juliet Elmira or
their heirs.
Fourth, I order out of my property that my four sons
have two hundred apiece more than the girls that is to
say Morgan John William Peter H. and after that share
and share alike.
Fifth, I order that my granddaughter Victory Flagler
be paid fifty dollars out of my estate after she is
twenty one of age. If I live till she is twenty one it
may not be paid till two years after my death. This
makes eight or nine hundred dollars that Chester and
his heir has had out of my property.
Sixth, I do order Morgan my son have the Hogan lot of
land to hold during his natural lifetime and after
that his children at the same price that I gave for it
that being five hundred dollars towards his part in my
property being twenty five acres of land.
Seventh, I do order that all my account that I leave
against my children shall be allowed as offset against
their part I mean what I have given them without any
regard to the length of time since I have given it to
them.
Eighth, Know any one of my children attempting to
break this will shall be precluded from any part of my
property.
Ninth,I do order and appoint my sons John and William
Flagler Executors of my estate to settle it by
agreement or according to law.
In witness whereof I have here unto set my hand and
seal the twenty ninth day of December in the year of
our Lord one thousand eight hundred and sixty.
The above instrument consisting of one sheet was at
the date thereof declared to us by Peter Flagler the
testator then understood to be his last will and
testament and he at the same time acknowledged to us
and each of us that he had signed and sealed the same
and thereupon at his request and in his presence and
in the presence of each other signed our names therein
as attended witness.
The above instrument consisting of one sheet was at
the date thereof declared to us by Peter Flagler the
testator then understood to be his last will and
testament and he at the same time acknowledged to us
and each of us that he had signed and sealed the same
and thereupon at his request and in his presence and
in the presence of each other signed our names therein
as attending witness.
  Peter Flagler(L.P.)
  Nathaniel Newberry resides in Westerlo Albany Co.
N.Y.
  Perry R. Stewart resides in Westerlo Albany Co. N.Y.

County of Albany Nathaniel Newberry of Berne in the
county of Albany and Perry R. Stewart of Westerlo in
the county of Albany being first duly sworn in open
court depose and say each for himself deposeth and
saith that he is a subscribing witness to the
instrument now shown to him purporting to be the last
will and testament of this deponent subscribe his name
at the end of the instrument which is now shown and
exhibited to this deponent as aforesaid and which
purports to be the last will and testament of the said
Peter Flagler and which bears the date on the 29th day
of December in the year of our Lord one thousand eight
hundred and sixty and this deponent furthermore saith
that the said Peter Flagler 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
as subscribed and now exhibited to be his last will
and testament and this deponent did thereupon
subscribe his name at the end of the said will as an
attesting witness thereto and and at the request of
the said testator. And this deponent further saith
that at the said time when the said testator
subscribed his name to the said last will as aforesaid
and at the time of the deponent subscribing his name
as an attesting witness thereto, as aforesaid, the
said Peter Flagler was of sound mind and memory, of
full age to execute a will and was not under any
restraint to the knowledge information or belief of
this deponent.
  And further these deponents say not
                                                  Perry D Stewart
                                                  Nathaniel Newberry
Sworn and subscribed this 12th day
December 1864 before me
                                    Israel Lawton
                                            Surrogate
I Israel Lawton Surrogate of the County of Albany do
hereby certify the foregoing to be a true copy and
record of the last will and testament of Peter Flagler
of Westerlo deceased, propounded for probate and
proved before me and the proofs and examinations taken
before me in relation thereto.
                                    Israel Lawton
                                            Surrogate


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