WILL: James P. Germond; Clinton Town, Dutchess co., NY surname: Germond, Titus, Smith, Welling submitted by Gayle Hendren (gr3808 @ aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: July 18, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 10.4 Kb ************************************************ Source: Sampubco Dutchess co NY Will Book E page 366 Written: March 20 1797 Recorded: January 15 1818 Transcribed from SAMPUBCO copy by Gayle Hendren In the name of God amen, I James P. Germond of Clinton town Dutchess County State of New York being weak in body but of sound memory (blessed be God) on this twentieth day of March in the year of our Lord Christ one thousand seven hundred and ninety seven make and publish this my last will and testament in manner following. I will all my just debts and funeral charges to be paid by my Executors hereinafter named within some conveanient time after my decease. I give and bequeath to my daughter Mariah Germond one bed, and bedstead, cord, curtains and covering as it now stands in the East room, one emty trunk standing in the East room and half dozen common chairs, two(?) windsor chairs, one hunting saddle, one single geared spinning wheel, one table black walnut frame, one looking glass cherrey frame, one warming pan, four dollars to buy an umberalla, one pair of hand irons, one pair of the newest tongs. I give and bequeath to my daughter Sarah Germond the sum of one hundred and twenty five pounds in current lawful money of the state of New York to be put to use for her in three months after my decease until she arrive a lawfull age and then to her and her heirs forever and one bed, bedstead, cord and curtains and covering as it now stands in the west room, one Emty chest, in the East room, one half dozen of the newest common chairs, one Windsor chair, one double geared spinning wheel, one tea table, one looking glass, one great bible, cradle, umbrella, the newest pair of handirons, one pair tongs. I give and bequeath to my son Silas Germond, my desk, one bed, bedstead, cord, curtains (if there be any more but the two suits above mentioned) and covering as it stands, the best after the two above mentioned, one silver butter sword that was my father's all my wearing apparel, one small trunk including all the forms of writings, one pair of .. scales and weights, four dollars to buy silver buckles with, one watch that was my fathers, one emty chest standing in the west room, all the wearing apparel that belonged to my wife to be equally divided between my two daughters Mariah Germond and Sarah Germond to the amount of six pounds of the dresser (?) furniture to be equally divided between my two daughters Maria Germond and Sarah Germond, all the remainder of the bed cloothing to be equally divided among my three children, Maria Germond, Sarah Germond and Silas Germond. I also give to my daughter Maria Germond the sum of four hundred pounds current lawful money of the state of New York and likewise to my daughter Sarah Germond I give the sum of four hundred pounds like money as aforesaid and to my son Silas Germond I give the sum of six hundred pounds current money as aforesaid . I have a note against Israel Titus: which I give to my sister Sarah Titus his wife and to her heirs forever. I give Mary Smith wife of Jacob Smith daughter of my sister Mary Welling the sum of five pounds New York currency to her and heirs forever: the old gun that was my fathers and one book that was my grandfather Germonds wherein the names of his children is wrote. I give to my brother Peter Germond and his heirs forever, all my religious books to be equally divided amongs my three children, Maria, Sarah and Silas. hannah my Negro woman I give free in one year after my decease, if she makes choice of being free joseph my Negro boy I give free at the expiration of fourteen years next after my decease. I will the farm whereon William Divine now lives to be sold and likewise the wood lott by Samuel Hicks and also the lott by John Gagers the two last mentioned to be sold all together or in parts as may be thought best for the benefit of my estate, within three months next after my decease or after that time as the case may require for the benefit of my estate, eight sixths of the farm whereon I now live to be sold immediately after my decease including all the buildings except the school house. one half or two third of the purchase to be paid down, all the rest and residue of my real and personal estate there remaining not given to be sold at public vendue -------- and all the monies arising from my estate to be put out to use with security and the interest arising therefrom to be for the bringing up, educating and support of my three children Mariah Germond, Sarah Germond, and Silas Germond as they severally may need until they severally arrive to lawfull age and the rest proceeds of all my estate there remaining not given above to be divided amoungst my children Maria Germond, Sarah Germond and Silas Germond in proportion as four sixths, that is, Maria Germond and Sarah Germond each four hundred pounds and Silas Germond six hundred pounds the above legacies to be paid to each of the legatees as they arrive severally to lawfull age and to be for them and their heirs forever. if In case any or either of my children should die before they arrive to lawfull age without lawfull issue then his her or their legacy or legacies to be disposed of as follows. If one of my children should die then out of his or her legacy I give the sum of three hundred pounds New York currency to be equally divided between my sister Sarah Titus and all her children and to their heirs forever, and the remains to be divided between my surviveing heirs in proportion as four to six as above mentioned. If two of my children should die then out of his or her Legacy that dies last, I give the sum of fifty pounds to be equally divided between my brother Peter Germond and all his children and to their heirs forever, and the sum of fifty pounds New York currency I give to be equally divided between my sister Mary Welling and all her children to them and their heirs forever, and I give the like sum of fifty pounds to be equally divided between Sarah Davis my wife's sister and all her children to them and their heirs forever, and to Bethia Ostrom my wife's sister I give the like sum of fifty pounds to be equally divided between her and all her children and their heirs forever and the remainder to my surviveing heir and to his or her heirs forever. my Executors shall call on all persons indebted to my estate by note or bond to review their obligations with giving security as shall be excepted by my Executors or discharge the same within three months next after my decease. The selling of the lands and movables and bringing up of my children and every other article above mentioned, all to be done by my Executors or Executor herein after named, and I make and ordain Elisha Bedle, Thomas Welling and Erick Mosher Executors of this my last will in trust for the interest and purposes in this my will contained in witness whereof I the said James P. Germond have to this my last will and testament set my hand and seal the day and year above written. Signed Sealed and Delivered by the said James P. Germond in and for his last will and testament in the presence of us who were present at the signing and sealing thereof. Henry Uhl John Heliker, Frederick Stright James P. Germond L.S. Dutchess County: Be it remembered that on the sixteenth day of October one thousand eight hundred and seventeen personally appeared before me Derick B. Stockholm, Surrogate Of Dutchess County Henry Uhl and being duly sworn on oath declared that he subscribed his name to the annexed will as a witness at the house of James P. Germond the testator. Testator told him paper was his will, believes he signed it in testators presence, but cannot say Testator signed it or whether or not other witnesses to said will were present. Witness signed the will in the room where testator was. Has said it was his will. It was on the stand in the room when witness signed it, and testator asked him to sign it as a witness. He thinks Elisha Beadle was there when he witnessed the will. Testator was of sound mind and memory when will was executed. Frederick Stright another witness to will being sworn says he does not recollect any thing about the will. His name is to the will, but does not know that he wrote it, or that it's his hand writing he never knew that there was such a will. Elisha Beadle, being sworn, says that the annexed paper is James P. Germond's will. says he wrote the said will, and saw Testator sign it. Henry Uhl was there when will was executed. Thinks John Heliker was sent for as a witness. He lived near Testator. according to the best of the recollection, he thinks all the witnesses to the will were there and witnessed the will. It was done in the room where testator laid. Thinks testator was of good memory. He sent for witness to write the annexed will. Will was executed in the afternoon towards night. Thinks Frederick Stright on of the witnesses to the will was sent for from out of doors to witness same. Witness told the witnesses to the will that it was testator's will. the testator then signed it and witnesses also signed same in room where testator laid. The testator said it was his last will and testament. The witnesses were all in the room and could have heard it. Derick B. Stockholm Surrogate. Dutchess County Recorded the preceding will of James P. Germond with the memorandum of proof, this fifteenth day of January 1818. Derick B. Stockholm Surrogate Dutchess County: Delivered the original will of James P. Germond unto Silas Germond to whom administration cum testaments annexo (?) was granted this twentieth day of January 1818. Derick B. Stockholm Surrogate Page 475 Liber C. of Letters of Administration for letters of Administration cum test. Annex of James P. Germond's will.