Wills: Peter Labagh, 1858: Montgomery TWP, Somerset County, New Jersey Contributed for use in USGenWeb Archives by M. LaBaugh mlabaugh@excite.com Copyright 2004. All Rights Reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nj/njfiles.htm ********************************************************* In the name of God! I, Peter Labagh, of the township of Montgomery in the county of Somerset and State of New Jersey being of sound mind memory and understanding, and being desirous to settle my worldly affairs, whilst I have strength and capacity so to do, do make and publish this my last Will and Testament, hereby revoking and making void all former Wills by me at any time heretofore made; As to such worldly estate as it has pleased God to intrust me with, I dispose of the same as follows; First: I direct that all my debts and funeral expenses be paid, as soon after my decease as possible. Also: I give and bequeath unto my beloved wife Maria, all my household Furniture and Stock; And I also give and bequeath to her, the annual sum of Two hundred and Fifty Dollars, to be paid to her yearly by my Executors herein after named, during her natural life, and intending this legacy to be in lieu of her Dower. Also: I give and bequeath unto my son Isaac P Labagh, his heirs and assigns, the sum of One thousand Six Hundred and twenty Dollars being the amount of a note I hold against him. And i also give unto him, all the notes and accounts I have against him; But this legacy is given upon the condition that he pay to my Executors the annual sum of fifty Dollars during the natural life of my said wife, and to be applied by them yearly, as part payment of the legacy herein before given and bequeathed unto her; I also give him the one third part of my Library. And I give unto him ( in trust for my Grandson Peter his oldest son) my Turnpike Stock, at Catskill being Twenty shares to be conveyed to him when he shall arrive at the age of twenty One years also empowering him at any time he may judge to be for the benefit of my grandson to make and disposition by sale or transfer of the same. Also: I give and bequeath unto my Grandson Livingston Labagh (son of my Son Isaac) the Portrait and Memoirs of the Rev. Dr. Livingston. Also; I give and devise unto my daughter Gertrude wife of Dr. C.C. Hoaland, her heirs and assigns forever, my wood lot on Lourland {?} Mountain, containing about five acre of land, I also give and bequeath to my said daughter gertrude, the one third equal division of my Library. I also give and bequeath unto my Executors the sum of two thousand Dollars One thousand of which, is to be raised on the note of Lawrence Van Derveer which I hold for that amount, and the remaining Thousand to be paid to them by my daughter Rachel, her heirs and assigns, and chargeable upon the farm I herein after devise to her to be held by them in trust for the sole use and benefit of my said daughter Gertrude, during her natural life, and and after her decease, to be paid to her children their heirs and assigns forever, in equal shares; and in case she should die before the youngest child should arrive at lawful age, I direct my executors, or the survivor of them, to apply the interest of the said sum of Two Thousand Dollars to her several children and heirs equally and annually until the youngest one shall arrive at lawful age and in case of the decease of any of them before they arrive at age, to the survivors of them, and then divide the Principal, as aforesaid, among them. And I also give and devise my Farm in Hillsborough, whereon my said daughter Gertrude now resides, to my said Executors, to be held in Trust by them, or the survivor of them, for the use and benefit of my said daughter Gertrude during her natural life. Allowing her to enjoy the Rents, issues and profits thereof; and at her decease I give and devise the said farm and appurtenances to the children of my said daughter Gertrude their heirs and assigns forever, share and share alike; But I hereby require and will, that my said daughter gertrude, her heirs and assigns, do pay to my executors or the survivor of them, the annual sum of One Hundred Dollars, to be applied by them as part payment of the legacy herein before given to my said wife; and I direct my said executors to see that this annual sum of One Hundred Dollars, be paid, if necessary, out of the moneys held by them in trust for the use of my said daughter Gertrude or her children. And I give and bequeath unto my son in law Dr. C C Hoagland all the notes and accounts I hold against him, and all claims for money paid by me for him. Also; I give and bequeath unto my daughter Rachel, wife of Lawrence Van Derveer, in fee simple, my Farm in Montgomery township lately purchased by me, of the said Lawrence Van Derveer, and whereon I now reside; meaning to give to my said daughter Rachel, the full and absolute right to sell and dispose of the said Farm, as she may please to do; Subject nevertheless to the payment of the sum of One Thousand dollars to my said Executors, or the survivor of them, for the use of my said daughter Gertrude, during her natural life, and after her decease, to be equally divided among her children, or the survivors of them, as a part of the legacy herein before bequeathed unto my said daughter Gertrude, and her children; my meaning is to make this sum of One thousand Dollars, chargeable upon the said farm herein before devised unto my said daughter rachel. And I further direct and order that my said daughter Rachel, her heirs and assigns, shall pay to my said Executors, or the survivor of them, the annual sum of One hundred dollars during the natural life of my said wife, to be applied by, as part payment of the legacy herein before given unto her, in lieu of her dower. Also, I give and bequeath to my daughter rachel the note I hold against Wessel B. Westbrook, also the one third part of my Library. Also: I give, bequeath, and devise, the residue of my estate, after the legacies and trusts herein before mentioned are satisfied, unto my two daughters, Gertrude and Rachel their heirs and assigns, equally share and share alike. Finally; I hereby nominate, constitute and appoint my friend Abram Van Nuys, Esquire of Hillsborough in the State of New Jersey and my son, Isaac P Labagh of Brooklyn Long Island, and the survivor of them, Executors, and Executor of this my Last Will and Testament In testimony whereof, I have hereunto set my hand and seal, this twentieth day of May in the year of our Lord, one thousand eight hundred and fifty one. 1857 Signed, sealed, published Peter Labagh and declared as his last Will and Testament, by the Testator, in our presence who, at his request, and in his presence, have hereto set our hands as witnesses. Joseph H Voorhees J.W. Updike P. VD. Vanderveer 3645R State of New Jersey Somerset County SS Joseph H. Voorhees one of the witnesses to the within will being hereby sworn depose and say that he saw Peter Labagh the testator there in named sign and seal the same and heard him publish pronounce and declare the within writing to be his last will and testament and at the doing thereof the said testator was of sound and disposing mind and memory as far as this deforment knows and as he verily believes and that Jeremiah W Updike and Peter V D Van Derveer the other subscribing witnesses was present at the same time and signed their names as witnesses to the said will together with deformant in the presence of the testator Sworn and subscribed Joseph H Voorhees December 1st 1858 before me John H. Anderson Surrogate Last Will and Testament of Reverend Peter Labagh 1857 Proved December 1st 1858 and recorded into the Surrogates office of the county of Somerset in Book H of Wills page 72 John H Anderson Surrogate I Peter Labagh of the Township of Montgomery in the county of Somerset and state of New Jersey do this tenth day of November AD Eighteen Hundred and fifty seven make and publish this Codicil to my last will and Testament in manner following that is to say Whereas since making my last will and Testament I have sold and conveyed my farm situated in the township of Hillsborough in the said county of Somerset mentioned in my said last will and testament as then occupied by my son in law Dr. Christopher C Hoagland and in said will devised in trust for the use of my daughter Gertrude wife of said Dr. Hoagland during her life and after her decease to her children, and whereas the said Dr. Hoagland and his said wife with their children have removed to the state of Illinois and there have the use of certain lands belonging to me situate in the counties of Putnam and Marshall purchased for me with money received from the sale of my said Hillsborough Farm - I do hereby give and devise all my said land and real estate situate in the said counties of Putnam and Marshall in the state of Illinois and above mentioned in trust for the use of my said daughter Gertrude during her natural life and after her death I give and devise the said lands and real estate to the children of my said Gertrude, their heirs and offspring forever, equally share and share alike. My meaning is that as this devise is intended to be in lieu of the devise of my Hillsborough Farm in New Jersey in said will mentioned. My said Illinois lands herein above devised is hereby substituted therefor subject to the same limitations terms and conditions both as to use and estate applicable to my executors as trustees thereof, as well as to my said daughter and her husband and her children aforesaid in every respect And whereas in my said last will and Testament I did appoint my friend Abraham Van Nuis one of my Executors I do hereby revoke such appointment and do nominate constitute and appoint in his stead my son in law Lawrence Vanderveer to be with my own son Isaac P Labagh executors of this my said last will and testament In witness Whereof I have hereunto set my hand and seal thi day and year above written Peter Labagh Signed published and declared by the said Peter Labagh as a codecil to his last will and testament in the presence of these who were present and subscribed our names as witness in his presence Luther Van Dervees Joseph H Voorhees State of New Jersey Somerset County SS: Luther VanDervees and Joseph H Voorhees here the witnesses to the within Codecil being duly sworn did and each of them severally before and say that they saw Peter Labagh the testator therein named sign and seal the same and heard him publish pronounce and ? the writing to the Codecil to his Last will and testament and that at the doing thereof the said testator was of sound and disposing mind and memory as far as there deforments know and as they verifly believe and that signed their names as witnesses to said Codicil in the presence of the testator at his request sworn and subscribed Luther Van Dervees December 1st 1858 before Joseph H Voorhees me John H. Anderson Surrogate State of New Jersey Somerset CountySS Isaac P Labagh and Lawrance Van Derveer the executors in the within testament and Codecil named being duly sworn did depose and say that the within Instruments of writing contains the true last will and testaments and the codicil thereto of Pter Labagh the testoator therein namedd so far as they know and as they verily believe that they will well and truly perform the same by paying first the debts of the said deceased and then the Legacies in the said testament specified so far as the goods chattels and credits of the said deceased can there unto extend and that they will make and exhibit into the Surrogate office of the County of Somerset a true and perfect inventory of all and singular the goods chattels and credits of the said deceased that is or shall come to their knowledge or possession or to the possession of any other person or persons for their use and under a just and true account where there unto Lawfully required and that the said Peter Labagh died on the twenty fifth day of October Eighteen hundred and fifty eight Sworn and subscribed Isaac Labagh December 1st 1858 before Lawrence VanDervees me John H Anderson Surrogate 3645H Inventory and Appraisement of the personal estate of Peter Labaw Proved December 1st 1858 and recorded into the surrogate office of the Conty of Somerset in Book H of Inventories pages 513, etc by John H Anderson Surrogate Somerset County SS Josehp H. Voorhees and Luther Van Derveer the appraisers of the within inventory on their several oaths saith that the goods chattels and credits in the said inventory set down and specified were by them appraised according to their just and true respective rates and values after the best of their judgment and understanding and that htey appraised all things that were brought to their view for appraisement. Sworn and subscribed Joseph H Voorhees December 1st 1858 before Luther Van Derveer me John H Anderson Surrogate An Inventory of the personal property of Rev. Peter Labagh D.D. deceased. taken on the 30th day of November 1858 by Joseph H. Voorhees and Luther Van Derveer Wearing Apparel $ 20.00 Horse and Wagon 75.00 Clock 3.00 4 tables and 25 chairs 32.00 Bed and Bedding 30.00 Library 50.00 Cupboard & 2 Looking Glasses 12.00 Bureau and Sideboard 25.00 Cash 57.00 20 Shares Turnpike Stock 100.00 1 Note $1620 with 6 months Interest 1668.00 1 Note $1000 with 16 mo. Int 1080.00 1 Note $550 with 22 1/2 years Int. 1292.00 Silver Tea set 130.00 Note of Breasley & Mouat in lieu of W.B. Westbrook's mentioned in Will with Interset 721.00 Three Portraits 50.00 ______________ $ 5345.00 Appraised by us Isaac P Labagh Lawrence Van Derveer Executors Joseph H Voorhees Luther Van Derveer Appraisers Somerset County SS Isaac P Labagh and Lawrance VanDerveer Executors of the Estate of Peter Labagh deceased on their several oaths say that the above writing contains a true and perfect inventory of all and singular the goods chattels and credits of the said Peter Labagh deceased as far as have come to their knowledge or possession or to the possession of any other person or persons for their use. Sworn and subscribed December 1st 1858 before Isaac Labagh me John H. Anderson Surrogate Lawrence Van Derveer