Montgomery Co. Deeds: Bk5_p364
Record of the will and probate thereof of Adolph Walrath deceased.
In the name of God Amen!!! I Adolph Walrath of Minden County of Montgomery & State of New York, being of sound mind memory & understanding blessed be Almighty God for the same being fully sensible of the will of man & being desirous of making some disposition of the property which I own have upon due reflection divised & bequeathed the same in manner following, Viz First _ I order & determine that upon my decease, my son Abraham shall, at his own expense, bury me in an orderly & Christian manner, as becomes a dutiful son to do to a kind father. Second _ After all my just debts, if any after my decease be paid, I order & direct as follows. Viz, that my son Abraham shall in a becoming & decent manner support & maintain, in apparel, health & sickness & all other things necessary & becoming, my beloved wife Maria during her natural life; which obligation on said Abraham to maintain & shall continue, even if she choose to live or reside with any of my other sons or daughters, by making a due provision for her or the one with whom she so lives or resides as aforesaid Â– He is also to give to her ten dollars per year after my decease, if she ask for or demand said sum Â– and should she die with Abraham in his home then he is to see to & be to the expense of her funeral in a decent & becoming manner but should her earthly existence terminate elsewhere Viz with either of my other children, then my sons Adolph & Abraham are to attend to her funeral as aforesaid _ I bequeath unto her, her heirs & assigns all my household furniture, after my decease, excepting my blue chest & cook stove in the stove room which are bequeathed to Abraham. Thirdly _ I give and devise unto my son Adolph his heirs & assigns all that certain farm & its appurtenances which he now occupies & uses in Danube & Herkimer County being a parcel conveyed to me by Isaac Waggoner & wife for the boundaries whereof, reference being had to the deed, will more fully & at large appear containing one hundred & five acres more or less. Fourthly _ I do give & devise unto my son Abraham his heirs & assigns forever, all my certain homestead & its appurtenances which I now occupy & use in Minden & Montgomery County being part & parcel of lot No. seven in Lansings patent, conveyed & __?__ to me by Jacob House & wife & Elisabeth Nellis for the location & boundaries of which, reference being had to the conveyance will more fully & at large appear containing one hundred acres, more or less. Fifthly _ I give & bequeath unto my son Solomon the sum of four hundred & seventy five dollars payable one year after my decease by my son Abraham to said Solomon his heirs & assigns. But it is to be explicitly understood & these presents are made upon this condition, that the sum of two hundred dollars which Abraham has already paid him said Solomon shall be deducted from said legacy & so also the like sum of two hundred dollars which I have paid Solomon, for & in behalf of my son Adolph shall also be deducted from said legacy. Sixthly _ I hereby order and direct that my said son Abraham shall in a decent & becoming manner support & maintain on his farm in health & sickness my son David, but if David should take to himself a wife, then I order & direct that said Abraham shall pay & apply for the benefit of David the sum of four hundred dollars, in such manner & way as said Abraham and Adolph shall or may in their said discretion think prudent & best for Davids interest either in hand paid or otherwise this sum aforesaid. Seventhly _ I order & direct that my said son Abraham shall pay to my daughter Caty Cronkhite, one hundred dollars, one year after my decease _ the like sum of one hundred dollars to Dorothy Hoke my daughter two years after my decease with use after one year & the like sum to my daughter Maria Arndt, three years after my decease with use after one year & the like sum to my daughter Betsy House four years after my decease with use after one year. Eighthly _ I give & bequeath unto my beloved daughterinlaw Eve the wife of Abraham, my weaving loom & all its necessary apparel & tacking thereunto belonging & also the sum or amount or value of thirty dollars out of my personal property, which gifts to her are intended in part as some reward for her kind attention to me during my present sickness. Ninthly _ I give & bequeath unto my said son Abraham his heirs & assigns all my farming utensils & other personal property not already otherwise disposed of excepting the one horse wagon & harness & ___?___, together with all my notes, accounts, money & the like which I hereby give & bequeath unto all my children heirs of my body, to share & share alike one year after my decease & on __?___ division or apportionment of the property excepted as aforesaid the portion or part which shall may or shall come or belong to my son David shall be mananged & taken care of, by my said sons Adolph & Abraham in their discretion for the benefit of said David. Tenthly _ I order & direct, that if my son David should die without living heirs, then & in that case his property (according to law) shall go to his brothers & sisters as tenants in common, share & share alike. Eleventh _ I order & direct that my trusty & well beloved sons Adolph & Abraham, are & shall be & they are accordingly newley nominated & appointed executors of this my last will & testament, to execute & perform the same as I have ordered & directed, according to the letter & spirit of the same thereby revoking all former wills & testaments by me made. Witness my hand & seal the seventh day of April in the year of our Lord one thousand eight hundred and thirty one.
Adolf Walrath L.S.
Signed, sealed, published & executed by the above testator Adolph Walrath in our presence & the above instrument declared by testator to be his last will & testament & we __?___ __?___ add our names as witnesses to their presents by the request of the testator.
William Alpaugh of Minden. Jacob Krake of Minden. P. J. Waggoner of Minden.
The deposition by the witnesses reveals that P. J. Wagonner is Peter J. Waggoner, and that Jacob Krake is at the time of his depostion on January 12, 1835, a resident of Morris Twp., Jefferson Co., NY. He witnessed the will as a resident of Minden on April 7, 1831. It would then seem that he removed from Montgomery Co. to Jefferson Co. during that time period.
The Eve mentioned in the will is most likely Eve Baum. An Abraham Walrath md. Eve Baum and had son Josiah Walrath. I have information that MAY show the wives of sons Adolph and Solomon. Daniel apparently never married.