WILL: Isaac Taner; Schuyler, Herkimer Co., NY submitted by Kim Branagan (branagak@twcyn.rr.com) ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org *********************************************************************** Transcribed from SAMPUBCO copy Herkimer County Wills Volume D Page 54 State of New York ) Herkimer County ) To wit: Be it remembered that on the nineteenth day of September in the year of our Lord one thousand eight hundred and twenty two before me Nathaniel S. Benton Surrogate in and for the County of Herkimer aforesaid was presented by Nathan Tanner one of the Executors therein named the original last will and Testament of Isaac Tanner Deceased for the proof and registry of the same, which said Last Will and Testament is in the words following, that is to say: In the name of God Amen I Isaac Tanner of the town of Schuyler in the County of Herkimer and State of New York being in perfect health and of sound mind, memory and understanding, but considering the uncertainty of this transitory life, do make, publish and declare this my last will and testament in manner and form following, to wit, after my funeral charges and just debts being paid etc. First of all, I give and bequeath unto my beloved wife Mary Tanner the use and profits of my house lot, being about thirty one acres, also the use of all the land within the bounds of the orchard fence as it now stands, also one half of the apples that grows on the trees of said orchard, also the use and profits of one half of the house, and only half of the celler and one third of the barn as long as she remains my widow; also one horse worth forty dollars with saddle and bridle such as I have, also one likely cow and five sheep, and all the fowls about the door, also two good beds with beding and bedsteds; also the use and profits of all my other household goods as long as she remains my widow; to wit, one case of drawers, one loom with all the reeds and harness and other implements necessary for the loom, also my will is that my said wife shall have all the wool and flax and all the provisions belonging to me at my decease. Now my will and meaning is that my said wife receive all the bequeaths that I have made her, in this my said will, in place of her thirds in my estate. Also I give and bequeath unto my beloved son Francis Tanner my best new bible, my reason for not giving my said son Francis more at present is because that he has received his portion of me before at one Page 55 time he received from me two hundred and fifty dollars all silver money and at another time twenty acres of land by deed. I also give and bequeath unto my beloved son Isaac Tanner the use and profits of nine acres one quarter of an acre and ten rods of land, said piece of land situate in the lot No. Eleven on Waltons pattent and described on a map of the survey of said lot made by Calvin Guiteau in June 1818 and [cornering?] on twenty acres of land now belonging to my said son Isaac and described likewise in said map, excepting and reserving of the said piece of land timer and wood for the use of my house lot if needed for the term of four years from the date hereof, as the timber on my house lot has been made wasted this year by tenants, and my said son Isaac to have and to hold the same nine acres, one quarter of an acre and ten rods of land, excepting the timber and wood as reserved above, during his natural life, and after his decease unto his son Jeremiah Tanner his heirs and assigns forever. Also I give and bequeath unto my said son Isaac all my wearing apparel, my said son Isaac has received his portion of my estate before at one time he received from me eighty dollars all in silver, and after that sixty two acres of land in two deeds, also I give and bequeath unto my beloved son John Tanner one dollar he having received his portion in land before. Also I give and bequeath unto my son John’s third son namely Isaac Tanner my best iron fire pail kettle. Also I give and bequeath unto my beloved son Nathan Tanner nine acres one quarter of an acre and thirty nine rods of land being situate on the southwest part of lot No. 14 in Walton’s pattent and described on a map of part of said lot No. 14 made by Calvin Guiteau in June 1816 said piece of land bounded as follows: Beginning at the north west corner of Joshua Barbers lot and running along the line of said lot twenty four chains and fifty three links to the east line of said Lot No. 14 thence northerly along the east line of said lot No. 14 thence three chains and eighty seven links to S. Wells’s corner, thence along Wells side line twenty four chains and fifty three links, thence southerly three chains Page 56 and eight seven links to the place of beginning. I give my said son Nathan the above described piece of land for his good deeds and kindship in helping me to manage to save my farm being sold at a very low rate, not considering it as any payment for debts due from me to my said son Nathan. Also I give and bequeath unto my beloved son William Tanner my desk of drawers he having received his portion in land before. Also I give and bequeath unto my beloved son Gardner Tanner my sleigh, waggon and horse harness or such as shall have of said articles at my decease he having received his portion in land before. Also I give and bequeath unto my beloved daughter Lydia Herrington widow one dollar she having received her portion before. And I give and bequeath unto my beloved daughter Elisabeth Oakley one acre of land bounded as follows, beginning at the south east corner of my said daughter Elisabeth’s ten acre lot and running southerly one chain to a stake and stones thence running westerly parlel with the line of said ten acre lot ten chains, thence northerly one chain to the south west corner of said ten acre lot containing one acre of land to her, her heirs and assigns forever, she having received her portion before. Also I give and bequeath unto my beloved daughter Abigail Wells one dollar she having received her portion before. Also I give and bequeath unto my granddaughter Lydia Marquirie ten acres of land situate in lot No. 11 Waltons pattent being the northwest half of a twenty acre lot described on a map of said lot No. 11 marked Wid. Lewis and leaving the other half of said twenty acre lot to be joined to my mill lot, the said ten acres to my said granddaughter Lydia her heirs and assigns forever. Also I give and bequeath unto my granddaughter Sarah Dawley wife of Vinson Dawley of Road Island State one dollar. Also I give and bequeath unto my grandson Isaac Hopkins son of John Hopkins of Rhode Island State, fifty dollars to be paid in land at the true value or in money at the discretion of my executors to which they please. Also I give and bequeath unto my granddaughters namely Waity Sherman and Patience Tanner eleven acres, three quarters of an acre and twenty six rods of land, equally, bounded as follows Page 57 to wit, beginning at the highway and running south 54 degrees 30 minutes east twenty four chains and fifty two links along Cropits side line, thence north 35 degrees 30 minutes east four chains and eighty six links to S. Wells line thence along Wells’s line twenty four chains and fifty two links to the highway, thence southwesterly along the said highway four chains and eighty six links to the place of beginning the said piece of land to the said Weaty and Patience their heirs and assigns forever. Also I give unto my said grand daughter Waty Sherman one feather bed with beding and bedsted, one case of drawers, one loom with reads, and harness, and such other implements as I have that are necessary for the use of the loom including all of said articles as I shall be possessed of at my decease. And all the rest, residue and remainder of my worldly goods and effect whatsoever, if any there be, I give devise and bequeath unto my grandson Nathan Tanner, son of my son Nathan Tanner, two thirds of the said residue and remainder of my worldly goods and effects to my said grandson Nathan him his heirs and assigns forever. And the other one third of said residue and remainder of my worldly goods and effects I give and bequeath unto my grandson William Tanner son of my son William Tanner to him his heirs and assigns forever. And I hereby nominate and appoint my beloved wife Mary Tanner Executrix, and also my son Nathan Tanner, my son William Tanner, and my trusty friend and son in law Lattamore Wills executors of this my last will and testament hereby revoking all former will and wills by me heretofore made. In witness whereof I have hereunto set my hand and seal this eleventh day of April one thousand eight hundred and twenty. Witnesses: David Brown Isaac Tanner L.S. James Graham Nathaniel McIntyre Herkimer County to wit: Be it also remembered, that on the nineteenth day of September in the year of our Lord one thousand eight hundred and twenty two personally came and appeared before me Nathaniel S. Benton Esquire, Surrogate in and for the County of Herkimer aforesaid, Nathaniel Mc Page 58 Intyre who being duly sworn upon his oath declared that he saw Isaac Tanner deceased, sign and seal the annexed written instrument purporting to be the last will and testament of him the said Isaac Tanner deceased, bearing date the eleventh day of April in the year of our Lord one thousand eight hundred and twenty, and heard him the said Isaac Tanner publish and declare the same as and for his last will and testament. That at the times thereof, he the said Isaac Tanner deceased, was of a sound disposing mind and memory to the best of the knowledge and belief of the said Nathaniel McIntyre, and that the name of the said deponent subscribed to the said will is his proper handwriting which he subscribes to the said will in the presence of the testator and in the presence of David Brown and James Graham whose names are subscribed to the said will as witnesses, and that the said David Brown and James Graham personally subscribed their names to the said will as witnesses in the presence of each other, and of this deponent, and in the presence of the Testator. Before me Nathaniel S. Benton Surrogate The foregoing is a true copy of the last Will and Testament of Isaac Tanner deceased, and of the certificate of the proof thereof. Nathaniel S. Benton Surrogate Herkimer County, to wit: Be it also remembered that on the said nineteenth day of September in the year of our Lord one thousand eight hundred and twenty two, by me Nathaniel S. Benton Surrogate in and for the County of Herkimer aforesaid, were granted and allowed unto Nathan Tanner, William Tanner, Mary Tanner [empty space here] the executors in the before written will named Letters Testamentary with a true copy of the said original last will and testament and a copy of the certificate of proof thereof thereto annexed, which said Letters Testamentary are in the words following, that is to say: Herkimer County ss: The people of the State of New York, by the Grace of God, Free and Independent: To all to whom these presents shall come: Greeting. Know ye that at Herkimer in said County on the nineteenth day of September in the year one thousand eight hundred Page 59 and twenty two before Nathaniel S. Benton Esquire Surrogate in and for said county, the last will and testament of Isaac Tanner late of said county deceased, a true copy whereof is hereto annexed, was proved and now is approved and allowed of by us; and the deceased having whilst he lived, and at the time of his death goods, chattels, and credits within this State, by reasons whereof the proving and registering the said will, and granting administration of the said goods, chattels and credits and the auditing allowing and final discharging the account thereof doth belong unto us; the administration of all and singularly the said goods, chattels, and credits of the said deceased and every way concerning the said will is granted unto Nathan Tanner, William Tanner, Mary Tanner [blank space here] the Executors in the said will named, he being first duly sworn will and faithfully to administer the same, and just and true inventory of all and singular the goods, chattels, and credits to make and exhibit unto the office of the said Surrogate, within six calendar months from the date hereof and to render a true account thereof when thereunto lawfully required. In testimony whereof, we have caused the seal of office of our said Surrogate to be hereunto affixed. Witness Nathaniel L. Benton, Esquire Surrogate of our said County of Herkimer this nineteenth day of September in the year one thousand eight hundred and twenty two and of our Independence the forty seventh. Nathan S. Benton Surrogate Herkimer County to wit: And be it also remembered that on the said nineteenth day of September in the year of our Lord one thousand eight hundred and twenty two personally came and appeared before me Nathaniel S. Benton Surrogate of the county aforesaid Nathan Tanner before named and that on the first day of October in the year aforesaid personally came and appeared before me William Tanner and Mary Tanner [blank space here] before named and were each duly sworn to the true execution and performance of the said last will and testament by each of them taking the oath of an Executor as by law is appointed. Before me Nathaniel S. Benton Surrogate