Santa Clara County CA Archives Wills.....Schweeb, August August 25, 1856
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Carolyn Golowka http://www.genrecords.net/emailregistry/vols/00012.html#0002972 August 24, 2023, 7:17 pm

Source: Will Book A, County Records, San Jose, Santa Clara County, Ca
Written: August 25, 1856
Recorded: February 8, 1858

Will of August Schweeb
Will filed in Will Book A, County Records, San Jose, Santa Clara County, 
California
Dated: August 25, 1856
Recorded: February 8, 1858

I, August Schweeb, of the City of San Jose and State of California, being of 
sound and disposing 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 wife Amelia Augusta Bertha Schweeb all of my 
household, kitchen and table furniture of every description which is to be kept 
by her for her use and my two children hereinafter named.

Second, I give and bequeath to my said wife and my son Adolph Schweeb, now aged 
about seven years, and to my infant daughter, now aged about seven weeks, all of 
the remainder of my personal property and all of my real estate and property of 
any kind and description of which I may die possessed or to which I may at such 
time be entitled, to be delivered to them in equal proportions a the time and in 
the manner and subject to the limitations, provisions and restrictions 
hereinafter mentioned.

Third, I declare it to be my will and direction that if my wife or either of my 
said children shall die before the youngest of said children shall arrive at the 
age of eighteen years that the share or portion of said estate designated for 
such one shall go and belong to the other two in equal parts and shall either of 
the two survivors in such case die before the youngest of such children arrive 
at the age of eighteen years, then and in that case the whole of my said estate 
shall go and belong to the survivor of the other three, and shall either or both 
of the contingencies in this clause contemplated arise, I give and bequeath and 
devise my estate …. in this clause named.

Fourth:  The provisions herein made for my said wife are intended to be in lieu 
of and to be taken and received by her in the place and stead of any separate 
estate or property of hers in my hands and of her share of our common property 
and of any allowance to which she might be entitled out of my estate by the laws 
of the State, and must be accepted and received by her accordingly, if received 
at all, and I do declare, devise, gift and bequeath to her upon conditions in 
this clause expressed.

Fifth:  I do hereby nominate and appoint my friend, Francis Stock of the City of 
San Jose, aforesaid to be the executor of this my last will and testament and 
the guardian of my two children above named…until my daughter shall arrive at 
the age of eighteen and my son at the age of twenty-one.

Sixth:  I do hereby direct and order that the said Francis Stock as executor of 
this will do immediately after my death take charge of my entire estate, except 
the household, kitchen, and table furniture and as guardian have the supervision 
and control of my children, that he shall dispose of as best he can…all such 
personal property, including my tools and stock in trade for cash, the he loan 
and keep loaned out all the money of the estate and rent out of my real estate 
on Market Street in the City of San Jose to the best advantage, that after 
paying my debts and funeral expenses and expenses of administration he do pay 
over to my wife one-third of the revenue of the entire property, that he 
appropriate the other two-thirds for the support and education of my said two 
children and when the youngest of my said two children shall arrive at the age 
of eighteen years all of my said estate being shall be divided between my said 
wife and two children the manner hereinafter provided.

I also hereby give my said executor and the guardian of my said children full 
power and authority to spend such sums from my estate bequeathed to my children 
as he may think necessary for the support and education of my said children, and 
if it should become necessary to use more than the interest of my said estate 
for said purpose he is hereby empowered to spend a reasonable amount of the 
principal for said purpose.

I hereby give to Francis Stock as executor and guardian full power and authority 
to carry out the provisions of this my will, and desire that he may proceed to 
do so without being compelled to give bond for this performance of his duties in 
the premises.  And I do hereby revoke all previous will by me made.  Witness my 
hand and seal this August 25th, 1856, the figure “3” changed to “5” before 
signing.

August Schweeb [SEAL]

Witnesses:
L. Archur
A. Pfister
(Both of Santa Clara County)


Additional Comments:
August Schweeb married Bertha Knoch on 21 November 1853 in Santa Clara County, 
California.

Son Adolph is living with Francis Stock in the 1870 census.  He was born in 
about 1849 in Peru.  Apparently, Bertha was not Adolph’s mother.

Daily Globe, San Francisco, California, 7 June 1857, page 2:

“Died:
In San Jose, May 29th, Ida, infant daughter of August Schweeb, aged 11 months.”

Per transcription by DAR
“August Schweeb died in Callao, Peru, ca. October 1857”


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