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Will of Adolphus H. Walrath of Stark, Herkimer Co., NY Book 0, page 148

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Will of Adolphus H. Walrath of Stark, Herkimer Co., NY Book 0, page 148

Posted: 972993600000
Classification: Will
Edited: 1013077390000
Surnames: WALRATH, EAKLER, ROOF, MOYER, NELSON, GREENE
Adolphus H. Walrath Book O, pages 148-151

County of Herkimer - Surrogates Court
In the matter of proving the last Will and Testament of Adolphus H. Walrath deceased, Herkimer County }
John R. Hall of the town of Stark in the County of Herkimerand Byron Champion of the town of Stark in the County of Herkimer being first duly sworn in open court on their oaths do depose and say, that they are subscribing witnesses to the last Will and Testament of Adolphus H. Walrath, late of the town of Stark in the said County of Herkimer, deceased. And these deponents further say that the said deceased did in the presence of these deponents subscribe his name at the end of the instrument which now shown to these deponents & which purports to be the last Will and Testament of the said deceased and which bears date on the 28th day of November A. D. 1862: that the said deceased did at the time of subscribing his name to said instrument as aforesaid, declare that same to be his last Will and Testament: that these deponents did thereupon subscribe their names at the end of the said instrument as attesting witnesses to the execution thereof at the request of the said deceased and in his presence and in the presence of each other. That the said deceased at the time of subscribing his name to said instrument as aforesaid, was upwards of twenty one years of age; that he appeared to be of sound mind and memory and was not under restraint to the knowledge or belief of these deponents.

J. R. Hall

A. B. Champion
Sworn, examined and subscribed this 25th day of May 1868 before me Amos H. Prescott Surrogate

Will
In the name of God Amen, I, Adolphus H. Walrath of the town of Stark County of Herkimer and State of New York of the age of Seventy five years and 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 give and bequeath to my beloved wife Sophia all my household furniture of whatsoever name or nature and to be hers at my death. Also I give and bequeath to my beloved wife Sophia the sum of one hundred and fifty Dollars payable to her by my said sons Moses Walrath and Levi Walrath quarterly or semiannually as she may need it. Also I order and direct that at the joint expense of the said Moses and Levi Walrath my wife shall be kept and maintained during her life dutifully and faithfully both in sickness and in health with all necessary comforts and necessaties of life, and shall be at liberty to remain in and occupy the back or middle room of my dwelling house, but should she prefer to reside with my son Moses she is at liberty to do so. In view of these provisions for my wife, I order and direct that the same are made expressly lieu and instead of my Dower in my Estate.

2. After all my just and lawful debts are first paid I hereby give and devise to my son Levi Walrath my Homestead farm situate in said town of Stark to his heirs and assigns forever subject to provisions herein made. Also one eight acre wood lot purchased from David 2. Moyer and is situate northerly of and adjoining said Homestead farm, also one eight acre wood lot adjoining lands of Alexander Smith and heirs of John Moyer, deceased with the privilege of ingress, egress & regress from the highway over and across the lands of my sons John A. & Jeremiah Walrath lately conveyed by me to them. Said homestead is a farm I have occupied for fifty years and contains with said wood lots one hundred and forty three acres of land more or less.

3. I give and devise to my son Moses Walrath and to his heirs and assigns forever a certain forty acre lot (so called) now in his possession and is situated in said Town, between said homestead to the East & a one hundred acre lot lately bought by said Moses and Levi Walrath and is in the occupation of said Moses, subject to provisions herein made.

Fourthly. I hereby give and bequeath to my son Levi three hundred dollars and order him or his heirs and assigns to purchase suitable tombstones for myself and his mother to be placed at the head of our graves, which shall be westerly of the dwelling house or elsewhere on the farm as said Levi & Moses Walrath may think best and said Levi shall fit up the Cemetery with stone posts and iron rods, like those or that one David Grunwits made for his father on the farm of David A. Hawn & of the same size, said cemetery to be located across the bridge westerly of the house & at or near a small beach tree. And I also give and bequeath to my son Levi the one undivided half of a two horse Democrat Waggon together with a full plated double harness used with it. Also a one horse buggy wagon & harness, also a saddle and bridle, also my cutter.

Fifthly I give and bequeath to my son John A. Walrath of Fort Plain the sum of Two Hundred and Fifty Dollars to be paid to him at my death by my sons Levi and Moses Walrath.

Sixthly I give and bequeath to my son Jeremiah Walrath of Stark the sum of Two Hundred and Fifty Dollars to be paid to him at my death by my sons Levi and Moses Walrath.

Seventhly I give and bequeath to my daughter Charity, married woman wife of Mathias Eakler the sum of Fifty Dollars to be paid to her at my death by my sons Levi & Moses Walrath.

Eighthly I give and bequeath to my daughter Mary, married woman wife of Daniel Roof the sum of Fifty Dollars to be paid to her at my death by my sons Levi & Moses Walrath.

Ninthly I give and bequeath to my Daughter Nancy married woman wife of Solomon Roof the sum of Fifty Dollars to be paid to her at my death by my sons Levi & Moses Walrath.

Tenthly I give and bequeath to my daughter Joanna, married woman wife of Daniel H. Moyer the sum of Fifty Dollars to be paid to her at my death by my sons Levi & Moses Walrath.

Eleventh. I give and bequeath to my Daughter Elizabeth, married woman wife of Alexander Roof, the sum of Fifty Dollars to be paid to her at my death by my sons Levi and Moses Walrath.

Twelfth. I give and bequeath to my daughter Sally married woman wife of Nelson Greene the sum of Fifty Dollars to be paid to her at my death by my sons Levi & Moses Walrath.

Thirteenth. I give and bequeath to my sons Levi & Moses Walrath all the rest and residue of all bonds, mortgages, notes, cash and other personal assets of which I may die possessed share and share alike requiring each one to fulfil in the the payment of all the legacies mentioned in this my last Will and Testament and requiring each one to pay one half of my funeral expenses & the same of my wife.

Lastly I hereby nominate and appoint my said sons Moses Walrath and Levi Walrath to be my Executors in and of this my Last Will and Testament hereby revoking all former wills by me made.

In virtue whereof I have hereunto set my hand and seal this Twenty Ninth day of November in the year of our Lord one thousand eight hundred and sixty two.

Adolph H. Walrath [SS]

The erasure in the 4th clause in the 7th line & in the 13th clause 7th line was done before execution.

J. R. Hall

Byron Champion

The within instrument consisting of two sheets was at the date thereof signed, sealed, published and declared by the said Audolph H. Walrath as & for his last Will and Testament in presence of us, who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto.

John R. Hall, Stark Herk. Co. N.Y.

Byron Champion Stark Herk. Co. N.Y.

Herkimer County Surrogates Office [SS]
Be it remembered that on the day of the date hereof the last Will & Testament of Adolphus H. Walrath, late of Stark in the County of Herkimer, deceased, bearing date the 29th day of November one thousand eight hundred and sixty two (being the foregoing written instrument) was duly proved before Amos H. Prescott Surrogate of said County, according to law, as and for the last Will and Testament of the real and personal estate of said deceased, which said last Will and Testament and the proofs and examinations take thereon are recorded in this office in book "O" of Wills on page148 & following.

In testimony whereof the Surrogate of said County hath hereunto set his hand and affixed his seal of office this 25th day of May in the year of our Lord one thousand eight hundred and sixty eight.

Amos H. Prescott, Surrogate

Herkimer County Surrogates Office [SS]
I hereby certify the foregoing to be a true record of the original last Will and Testament of Adolphus H. Walrath, late of the Town of Stark, deceased and of the proofs & examinations taken thereon.
Dated Herkimer May 25th 1868

Amos H. Prescott, Surrogate

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