Schoharie County NYGenWeb Site
submitted by Thelma Nichols (William Schermerhorn was Thelma's 3rd great grandfather)
The Last Will and Testament of William Schermerhorn
In the name of God Amen. I William Schermerhorn of the Town of Broome County of Schoharie and State of New York, farmer, do make and declare this my last will and Testament in manner and form following. First I resign my soul into the hands of Almighty God, hoping and believing in a remission of my sins, by the merits and mediation of Jesus Christ; and my body I commit to the Earth to be buried at the discretion of Margaret my beloved wife, and my wholly estate I give and devise as follows: Whereas I am seized in fee simple of in and to two certain pieces, lots of parcels of land designated as follows, one by the westwardly half of Lot No. fifteen, described in a deed executed by John Cammer and his wife June, dated the fifteenth day of December eighteen hundred and twenty six. The other lot or parcel being an undivided third part of Lots Number six and Nine described in a deed from Jacob Schermerhorn, to me, dated the sixteenth day of January eighteen hundred and thirty, all three lots, pieces or parcels of land are situate in a tract of land formerly belonging to the people of the State in the Town of Bristol, now Broome, in said county and were surveyed at the expense of the State by James Cockburn and Jacob Schermerhorn in behalf of the said Cockburn, and contains together by virtue deeds above described, One hundred seventy five and ninety six hundred acre of land be the same more or less, and whereas by virtue of the last Will and Testament of my affectionate Father Jacob Schermerhorn, certain proportions of his real and personal estate, therein mentioned (should he not alter or change the same) will fall to me or my heirs by virtue thereof Now my "I and desire is to commit the management of my whole estate, real and personal to my beloved wife Margaret, during such term of time as she shall remain my lawful widow and no longer. And for this purpose I give bequeath and devise to her for such term of time as she shall remain my lawful widow all my real and personal estate as well as what I have in expectancy as that which I own and profits. I give and devise to my youngest child and only son William; four sixth parts of my real and personal estate as well as that in expectancy as that which I own and in profit of Also I give and devise to each of my daughters, viz, Emeline, my eldest child and Catherine, my second child each one undivided sixth part of my real and personal estate as well as expectancy at that which I own and now profit, and that the share and proportion devised to my only son William shall be held and enjoyed by him, his heirs and aligns forever. Also the part and proportion devised to my second child Catherine shall be held and enjoyed by her, her heirs and aligns forever. Also I will and ordain that Margaret, my beloved wife shall be my executor of this my Last and Will and Testament, during such term of time she shall remain my lawful, widow, and no longer, and if my said wife Margaret shall die or marry all direction management and control of my estate and over my children shall cease and she shall no longer be executor of my estate. Also I will and ordain that Abraham Richtmyer of the Town of Broome and John Richtmyer, my cousin, of the same town be my executors of this my Last Will and Testament. Also I will and ordain that my debts be paid and extinguished as soon after my decease as possible, having regard to prudence and good manners, and for this purpose I order so much of my personal property to be sold as my executors shall think proper to sell-and should this proportion of the personal property be insufficient to pay and discharge my debts-I hereby authorize and empower my said executor or executors to sell and convey so much of my lands in the west part of lot Number Fifteen before described as shall be sufficient to settle and discharge my debts. And for this purpose to execute a deed or deeds to any person or persons and their heirs forever in fee simple for so much of said lot Number fifteen as shall be sufficient to settle and discharge my debts, effect the object of their presents. Also for the better education of my children Emeline, Catherine and William before mentioned, I do give and dispose of the tuition and custody of them and every of them to my wife Margaret, for such time as they or any of them respectively continue unmarried, and under the age of one and twenty years, and my said wife remains my widow. But if my said wife, shall die or marry, during the single life and manager of any of my said children, I do order and direct and ordain that custody change, education and bringing up of my said children shall be committed to my executors aforesaid, viz, Abraham Richtmyer and John Richtmyer. And also in case of the death or marriage of my wife Margaret, I do order and direct that the said John Richtmyer and Abraham Richtmyer, my said executors or their executors or this administrators ( and for this purpose they are hereby empowered) to take into custody and charge the legal shares of my estate as by this my will and testament belongs to my children and to improve or manage the same for their benefit, and when the said children shall be twenty one years of age, my said executors or their executors or administrators shall make or cause to be made a diversion of my estate to them, agreeably to the proportion herein before devised. But if my wife Margaret shall remain my lawful widow, no division of said property without her consent shall take place until her decease, and then shall be divided in the proportions before mentioned to them or their lawful children. And Also I give and bequeath to each of my daughters, beforehand mentioned, viz, Emeline, my oldest child the sum of fifty dollars and to Catherine, my second child, the sum of fifty dollars and order and direct that my only son William shall upon the receipt and pulsation of his share of my estate or any part thereof pay or secure to be paid to my daughters aforesaid or to their lawful heirs, the aforesaid legacies: and in case my son William shall neglect or refuse to pay or secure to be paid to my said daughters the sum of fifty dollars each, I order and direct that the value, thereof in real estate shall be taken from the proportion hereby intended for my son William and added to the respective shares hereby directed to each of my daughters aforesaid. In witness, whereof I have hereto set my hand and seal this twelth day of February in the year on our Lord eighteen hundred and thirty one. WILLLIAM SCHERMERHORN Signed, sealed, published and declared by the testator as and for his Last Will and Testament in presence of us who, at his request in his presence of us and in the presence of each other, have subscribed our names as witnesses thereto. In the third line of the last page "I order and direct" eleventh line "severally" or secured to be paid interlined before signed.
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