CHENANGO COUNTY NEW YORK, Will of Obadiah German of Norwich, 1842
CHENANGO COUNTY,NY Volume E, page 288

Transcribed from SAMPUBCO Copy.

I, Obidiah German 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. That is to say:

First. I hereby authorize empower and direct my Executors hereinafter named to sell and convey all my Real Estate in fee simple, and to convert the same into money as soon as practicable after my decease.

Second. I give and bequeath unto my beloved wife Mary Ann and to my beloved sons Frederick Augustus and George Clinton Knight the sum of Eight thousand dollars to be divided amongst the three in equal proportions.

Third. In case the amount of my Estate over and above the payment of my debts shall exceed the said sum of Eight thousand dollars above devised in such case I give and bequeath unto my son Albert German, the sum of Five hundred dollars of such excess.

Fourth. I give and bequeath the residue of all my Estate to my said wife Mary Ann, my daughters Maria Harman, Julia Ann Anderson, my sons Albert German, Frederick Augustus German & George Clinton Knight German, my grandson's Lewis S. German & Maria German, child of my deceased son Morris German to be divided amongst them in equal proportions. My son Sutherland German, having received of my Estate an amount which I deem equal to his proportion. I therefore make no devise to him.

Fifth. And I hereby commit the guardianship of my sons Frederick Augustus and George Clinton Knight until they shall respectively attain the age of twenty one years unto my said wife during her life if she shall so long continue my widow and from and after her decease or second marriage unto my trusty friend Isaac S. Baker, one of my executors herein named.

Sixth. I hereby constitute and appoint my said wife Mary Ann, Executive and Isaac S. Baker & John Wait of Norwich, Executors of this, my last will and testament. I have hereunto set my hand and seal, the twenty seventh day of April in the year of our Lord, one thousand eight hundred and forty two.

Obadian German

The above instrument consisting of one sheet was now here subscribed by Obadiah German. The testator, in the presence of each of us, and was at the same time declared by him to be his last will and testament. And we, at his request sign our names hereto as attesting witnesses.
Porter Wood, of Norwich, NY
William B. Pellet of Norwich, NY.


State of NEW YORK

CHENANGO COUNTY Surrogate Court: At a surrogates Court held for the County of Chenango at the office of the surrogate in the village of Oxford in said county, on the 28th day of November, 1842 for the purpose of proving and recording the last will and testament of Obadiah German, late of the town of Norwich in the county of Chenango, deceased, as a will of Real Estate and personal estate pursuant to the provisions of the revised Statutes of the State of NEW YORK and the several acts of the Legislature of the State of NEW YORK, altering and amending the same on the application of Mary Ann German, an Executrix in the said will named before Samuel McKoon, surrogate of said County. On the day and at the place aforesaid John Wait, an Executor named in the last will and testament of the said Obadiah German, deceased, approved and produced the said last will and testament and offered the same for proof and probate. And no one appeared on the part of heirs and next of kin of the said deceased. The said surrogate proceeded to hear the proofs of the said John Wait, the Executor aforesaid, and therefore the said John Wait produced due proof by affidavits of the lawful service of the citation issued in this cause upon the heirs and next of kin of the said deceased. Personal service upon Horace Packer, of Frederick Augustus German, George Clinton German, and Ann Maria German, minor heirs of the said Obadiah German, deceased on the thirtieth day of September 1842. Personal service upon Lewis S. German on the Eleventh day of November 1842
Personal service upon George Harman and Maria, his wife on the fourth day of November 1842. Personal service upon Stephen Anderson on or before the first day of November 1842 and personal service upon Julia Ann the wife of the said Stephen Anderson on the nineteenth day of November 1842. And service upon Sutherland German and Albert German who reside out of the State of NEW YORK by regularly publishing a copy of the citation issued in this cause once in each week for six weeks successively, in the state papers of the State of NEW YORK. Whereupon the said Executor produced Porter Wood & William B. Pellet the only subscribing witnesses to the said last will and testament who were by the said surrogate duly sworn to prove the execution of the said last will and testament and testified as follows:

Porter Wood of the town of Norwich in the County of Chenango being duly sworn, deposes and says: I was well acquainted with Obadiah German late of the town of Norwich in the County of Chenango now deceased, in his lifetime. And I saw the said Obadiah German sign and seal the instrument in writing now produced and in Court and shown to me consisting of two pages and which is dated the twenty seventh day of April in the year of our Lord, one thousand eight hundred and forty two, And I heard the said Obadiah German declare the said to be his last will and testament. And I set my name thereto as a subscribing witness at the same time at the request of the said Obadiah German, deceased and in his presence and in the presence of William B. Pellet the other subscribing witness to the said instrument in writing, who also set his name thereto as a subscribing witness at the same time at the request of the said Obadiah German, and in his presence and in the presence that at the time of the execution thereof, the said Obadiah German was over twenty one years of age and was of sound mind, memory and understanding in my opinion and that he executed the same freely and voluntarily, as I verily believe.
Porter Wood
Subscribed & sworn this 28th day of November, 1842, Before me,
Samuel McKoon, Surrogate.

William B. Pellet of the town of Norwich in the County of Chenango being duly sworn, deposed and says, I was well acquainted with Obadiah German, late of the town of Norwich in the County of Chenango, now deceased, in his life time. And I saw the said Obadiah German sign and seal the instrument in writing now produced in court and shown to me, consisting of two pages and which is dated the twenty seventh day of April in the year of our Lord, one thousand eight hundred and forty two. And I heard the said Obadiah German declare the same to be his last will and testament and at the same time I set my name thereto as a subscribing witness at the request of the said Obadiah German and in his presence and in the presence of Porter Wood, the other subscribing witness to the said instrument in writing who also set his name thereto as a subscribing witness at the same time at the request of the said Obadiah German and in his presence and in my presence. And that at the time of the execution thereof, the said Obadiah German, was over twenty one years and was of sound mind, memory and understanding in my opinion and that he executed the same, freely and voluntarily, as I verily believe.
Wm. B. Pellet
Subscribed and sworn this 25th day of November, 1842, Before me,
Samuel McKoon. Surrogate.

John Wait of the town of Norwich in the County of Chenango, being duly sworn and deposed and says, I wrote the instrument offered by me for proof and probate as the last will and testament of Obadiah German, deceased, at the request and according to the directions of the said Obadiah German, deceased. And after the same was written, the contents thereof were fully made known to the said Obadiah German, before he executed the same. I was present at the time it was executed and the said Obadiah German placed the same in my hands, and requested me to take it into my possession for safekeeping. And I did take the same into my possession and kept the same until I delivered the same to the Surrogate of CHENANGO COUNTY.
John Wait
Subscribed and sworn this 29th day of November, 1842, Before me,
Samuel McKoon. Surrogate.

The foregoing proofs and examinations were taken before me, the surrogate aforesaid, on the 28th & 29th days of November, 1842 at my office in the village of Oxford, in the county of Chenango, and the deposition of Porter Wood and William B. Pellet, the only subscribing witnesses to the said will were by them respectively subscribed after having been first carefully read over to them. And I, the said Surrogate, being satisfied upon the said proof before me taken as aforesaid. That lawful service of the citations issued in this cause had been made upon the heirs and next of kin of the said Obadiah German, the testator deceased. That the said will was duly executed and that the said testator, at the time of executing the same, was in all respects competent to divide Real Estate and not under restraint to do. Therefore allow the said will, proofs and examinations to be recorded.
Samuel McKoon. Surrogate

I certify that the foregoing is a true record of the Last Will and Testament of Obadiah German, deceased, and of the proofs there of said will, proofs and examination have been recorded, this 29th day of November 1842.
Samuel McKoon. Surrogate.