WILL: Benjamin Conger; Milan, Dutchess co., NY surname: Conger, Colany, Rider, Turner, Haight, Every, Peck, Calomy submitted by Katlhy Krajewski (majuice @ charter.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: December 20, 2003 This file has been created by a form at http://www.poppet.org/nyfiles/ File size: 9.5 Kb ************************************************ Source: Transcribed From Sampubco Copy Written: June 6 1821 Probated: Sept 7 1822 Dutchess co NY Will Book Vol. F page 348 Benjamin Conger I Benjamin Conger of the town of Milan in Dutchess county and State of New York considering the uncertainly of this mortal life and being of sound mind and memory, co make and publish this my last will and testament in manner and form following, to wit: First that my body is to be decently buried and the charges of the same is to be paid out of my personal property. Secondly I order and direct that all my lawful debts be paid out of my personal property if sufficient, if not, then out of any monies hat may come into the hands of my executors by my further order of the sale of any real estate, that I may hereafter order and direct. Thirdly I give and bequeath unto my beloved wife Mille Conger in the place of her dowry right, that is to say. She is to have her choice of a room either in the house I now live in or in the house hat stands on the farm I purchased of James Dudly?, also she is to have her choice of two cows and one horse (the Stud Horse excepted) also two good beds and sufficient bedding for the same together with a sufficiency of household furniture to make her comfortable together with a girl to assist her if she pleases and for the services there of same gird, my sons Benjamin and Enoch Conger is hereby ordered to pay, further she is to have five bushels of wheat, five bushels of rye, five bushels of Indian corn, and three hundred pounds of pork, one hundred pounds of beef together with delivery of firewood cut and stacked by the door by sons Benjamin and Enoch Conger (yearly and every year as long as she remains my widow) and I further order and direct that she be furnished with a farm man and one wagon if she pleases to have the same my executors together with my two sons a year during her natural life time, or so long as she remains my widow to be paid by my executors out of my real property, together with twenty pounds of flax and ten pounds of wool yearly and every year by my two sons equally Benjamin Conger Jr. and Enoch Conger during her natural life time, or as long as she remains my widow. Fifthly I give and bequeath unto my two sons Enoch Conger and Benjamin Conger Jr., all that _____ testamenter has had to date with the appurtances situated in the town of Milan Dutchess County whereon I now live with all the Mepuays? ______ or freehold property, that ______ of or may be ______- what I may hereafter devise or undertake to be sold by my executors in the county aforesaid and I do further order and direct that my son, Enoch Conger pay my son Benjamin Conger Jr. _____ to be paid the sum of five hundred dollars to make him equal to him in all the aforesaid real estate devised. To them to be paid to the said Benjamin Conger, one year after my decease and I do further give and bequeath to my daughter Mary Calomy the sum of ten dollars, and I do further give and bequeath unto my daughter Ruth Rider one dollar. And I do further bequeath unto my daughter Mercy Turner the sum of two hundred and twenty five dollars and I do further give and bequeath unto my daughter Lydia Haight the sum of one hundred dollars. And I do further give and bequeath to my daughter Nancy Peck he sum of two hundred and fifty dollars, and I do further give and bequeath unto my daughter Milly Conger the sum of two hundred and fifty dollars and two cows, one good bed and bedding and also twenty five dollars to be for her outset. And I further give and bequeath unto my four grandsons and one granddaughter by the names ________ Every, Conger Every, Curington Every and Benjamin Every and Mercy Every, the sum of two hundred and twenty five dollars to be exactly divided between these five, and I do further give and bequeath unto my grandson before named Benjamin Every two sheep to be put out by my executors for his benefit until he shall arrive to the full age of twenty one years and I do further give and bequeath unto my son Samuel Conger the sum of six hundred dollars. All of the several legacies before mentioned to be paid within two years after my decease by my executors. And I so further order a direct that the farm or farms held estate with the appurtenances lying in the town of Milan Dutchess county, adjoining the lands of Jeptha Willin and Benjamin Nix, four acres of wood land purchased of John Nix, which farm acres I give and bequeath to my two sons Benjamin Conger and Enoch Conger ______ of the farm containing about one hundred acres to be sold by my executors within two years after my decease or before if they might think proper and I further order and direct that all my personal property be sold by my executors at public venue and applied to the payment of my lawful debts that may be against me, and out of the sale my personal and real estate ordered to be sold should there remain after paying all the aforesaid debts and several legacies I order and direct to be equally divided between all my sons and daughters (excepting my two daughters Mary Colany and Ruth Rider) and lastly I do hereby appoint Enoch Conger Benjamin Conger Jr, Henry Peck and William J Stuart my executors of the this my last will and testament and hereby revoking all former wills by me made. In writing whereof I have hereunto set my hand and seal the sixth day of June in the year of our Lord one thousand eight hundred twenty one. Benjamin Conger {SS} Signed, sealed, published and declared by the above named Benjamin Conger to be his last will and testament in the presence of us who have thereunto subscribed our names _________ in the manner of the testator – William J Stuart, John Orton, John J Stuart Dutchess County {SS} Be it remembered that on the seventh day of September one thousand eight hundred twenty two personally appeared before me E Nye Surrogate of the said County John Orton, who under oath declared that he did see Benjamin Conger sign and seal this annexed written instrument purporting to be the will of the said Benjamin Conger and dated the sixth day of June 1821 and heard him publish and declare the same as and for his last will and testament that at the time thereof he the said Benjamin Conger was of sound deposing mind and memory to the best of the knowledge and belief of him the deponent and that he the deponent, William J Stuart and John J Stuart severally subscribed the will as witness thereto in the testators presence. E Nye Surrogate The People of the State of New York by the Grace of God free and Independent to all to who there present shall come or may concern - Send Greetings Know ye that at Poughkeepsie in Dutchess County on the Seventh day of September in the year of our Lord one thousand eight hundred twenty two before E Nye Esquire Surrogate of our said county the last will and testament of Benjamin Conger late of Milan deceased. A copy whereof is here unto annexed was proved and is now approved and allowed of by us and said deceased having whilst he lived an at the time of his death, goods, chattels or credits within this state by means whereof the proving and registering the said will and the granting the administration of all and singular the said goods, chattels and credits and who the auditing, allowing and final discharging the amount thereof doth belong unto us the administration of all and singular the goods, chattels and credits of the said deceased any way concerning his will is granted unto Enoch Conger, Benjamin Conger Jr and Henry Peck, three of the Executors in the said will named they bright first exlitit a true and perfect Inventory of all and singular the said goods, chattels and credits and also to render a just and true amount thereof when thereunto required. In testimony whereof we have now caused the seal of office of our said Surrogate to be hereunto affixed. Witness, E Nye Esquire Surrogate of the said county in Poughkeepsie the seventh day of September in the year of our Lord One thousand eight hundred twenty two and of our independence forty seven. E Nye Surrogate Dutchess County {SS} Be it remembered that on the seventh day of September one thousand eight hundred twenty two, Enoch Conger, Benjamin Conger Jr and Henry Peck, three of the Executors of the annexed written will of Benjamin Conger likewise appeared before me the said E Nye and were duly sworn to the execution and performance of the said will by this taking the oat of an executor in by law appointed. E Nye Surrogate Dutchess County {SS} Recorded the above will of Benjamin Conger with the memorandum of proof the letter testamentary and the memorandum of the qualifications of the executors this 7 September 1822 E Nye Surrogate Dutchess County {SS} Delivered the original will of Benjamin Conger to Benjamin Conger Jr Executor this 22 day of January 1823