JOHN R WHITBECK WILL, MONTGOMERY COUNTY, NEW YORK

Copyright (c) 2001 by Bill Bombard (wbombard1@attbroadband.com).

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Transcribed from Sambuco copy.

Be it remembered that heretofore on the sixteenth day of February 1871 Nicholas Good 
the executor named in the last will and testament of John Whitbeck late of the town of 
Root in the County of Montgomery deceased appeared in open court before James H 
Good County Judge of the County of Montgomery and made application to have said will 
which relates to both real and personal Estate proved and on such application the said 
County did ascertain who were the widow heirs and next of kin of said testator and their 
respective residences and the said county judge did thereupon issue a citation in due form 
of law directed to said heirs and next of kin requiring them to appear to appear before  
said county judge at his office in the village of Canajoharie in said county on the fourth 
day of March 1871 and attend the proof of said will and afterwards to wit on the said 
forth day of March 1871 satisfactory evidence by affidavit was produced and presented to 
said county judge of the service of said citation in the mode prescribed by law and on that 
day no one appearing to oppose the probate of such will such proceedings were therefore 
had afterwards that the said county judge took the proof of said will hereinafter set forth 
upon this eleventh day of March 1871 and he adjudged said will to be a valid will of real 
and personal estate and the proof thereof  to be sufficient which said will and proofs are 
as follows that is to say the will of John Whitbeck deceased.

I John R. Whitbeck of the town of Root county of Montgomery and State of New York 
being of sound mind and memory do make publish and declare this my last will and 
testament in manner following that is to say:

First.
    I do hereby order and direct my Executor of this my last will and testament  
hereinafter nominated and appointed to pay all my just debts and funeral expenses.

Second: First I do hereby give and bequeath to my wife Lavina Whitbeck free use and 
occupancy of my dwelling house out houses and lot of land now occupied by my son 
Peter Whitbeck containing about one and one half acres of land and is bounded as the 
fence now stands.  Second one cow of a Roane color and being the same cow which she 
my said wife now claims as hers the said cow to be kept and taken good and proper care 
of on my homestead farm free of charge or expense to her my said wife.  Third a 
sufficient quantity of firewood for her use from my homestead farm and it is hereby 
expressly ordered and directed that only dead and decaying lumber shall be cut and used 
for that purpose.  Forth – all my household furniture of which I may or shall die seized of 
or possessed.  Fifth – The sum of twenty dollars cash payable to her annually by my 
executor of this my last will and testament hereinafter nominated and appointed I do 
hereby order and direct that the first payment shall be due payable to her one year from 
the date of my decease.  Sixth – I do hereby order and direct that she forgoing bequest to 
my said wife Lavina Whitbeck as aforesaid are to be accepted and received by her in lieu 
of dower. Seventh – I do hereby order and direct that in the event of the marriage or death 
of my said wife Lavina Whitbeck that all the foregoing bequests shall cease and be void.

Third:  I do hereby give and bequeath to my daughter Margaret Youngs wife of George 
Youngs the sum of fifty dollars and I do hereby order and direct the same to be paid to 
her by my executor of this my last will and testament as follows annually the sum of ten 
dollar until the said sum of fifty dollars be paid in full.  I do hereby order and direct that 
no interest be charged or paid on the same and I do hereby further order and direct that 
the first payment shall become due and payable one year from the date of my decease.

Fourth – I do hereby give and bequeath to my daughter Catharine Wagner wife of Peter 
Wagner the sum of One Hundred dollars and I do hereby order and direct the same to be 
paid to her by my executor of this my last will and testament as follows:  Annually the 
sum of ten dollars until the said sum of one hundred dollars be paid in full. I do hereby 
order and direct that no interest be charged or paid on the same and I do hereby further 
order and direct that the first payment shall become due and payable one year from the 
date of my decease.

Fifth – I do hereby give and bequeath to my son James Whitbeck the sum of one dollar. 

Sixth – I do hereby give and bequeath to my son Jacob Whitbeck the sum of five dollars.

Seventh – I do hereby give and bequeath to my son Peter Whitbeck one plow one drag 
one set of double harness, one black mare being the one I purchased of James Manning 
and one gray mare two years old last spring.

Eighth – I do hereby give and bequeath to my grandson John L Whitbeck son of Peter 
Whitbeck one brown horse colt one year old next spring.

Nineth -  I do hereby order and direct my executor of this my said last will and testament 
hereinafter named to see at public auction as soon as practicable after my decease all the 
rest residue and remainder of my personal property of which I may die seized of or 
possessed and not hereinbefore disposed of and I do hereby further order and direct my 
executor as aforesaid to apply and pay the avails thereof toward the payment and 
liquidation of my just debts.

Tenth – I do hereby give and bequeath to my son Peter Whitbeck for and during his 
natural life one acre of woodland situate lying and being in the town of Root county of 
Montgomery and State of New York being the same which I purchased of my Brother 
Andrew Whitbeck for a particular description thereof reference is hereby had to the deed 
of conveyance from him the said Andrew Whitbeck to me and immediately at his the said 
Peter Whitbeck's decease I give devise and bequeath the same to my Grandson Lee 
Whitbeck son of Peter Whtibeck aforesaid together with all the hereditaments and 
appurtenances thereunto belonging or in any wise appertaining to have and to hold the 
said described premises to the said Lee Whitbeck his heirs and assigns forever.

Eleventh – I do hereby will and ordain order and direct that my executor hereinafter 
nominated and appointed of this my last will and testament shall after my decease as soon 
as practicable for the best price he can obtain bargain sell dispose of and alien in fee 
simple all that portion of my real estate situate lying and being in the town of Root 
county of Mongomery and State of New York and is bounded and described as follows 
on the north side by lands belonging to Peter Yates on the East side by the center of the 
Leatherville creek on the south side by lands of Peter Van Evera and on the west side by 
lands of Henry Moyer containing eight acres of land more of less the said eight acres of 
land is timbered land and I do hereby by these presents give to my said executor full 
power and authority to dispose of grant alien bargain sell convey and assure the same the 
said lands to any person or persons and to his her their heirs and assigns in fee simple 
forever.

Twelfth – I do hereby give devise and bequeath all the rest residue and remainder of my 
real estate and not hereinbefore disposed of and consists of my homestead farm on which 
I now reside containing ninety acres of land more or less excepting therefrom all that part 
thereof hereinbefore given and bequeathed to my said wife Lavina Whtibeck for and 
during the time while she my said wife may or shall use occupy and enjoy the same as 
provided in this my last will and testament to my executor of this my last will and 
testament hereinafter nominated and appointed in trust for the payment of all my just 
debts and the legacies and charges hereinbefore mentioned and expressed and declared 
and specified to be held and possessed by him my said executor as aforesaid for the 
purposes aforesaid during the minority of my grand son John L Whitbeck son of Peter 
Whitbeck and when my said grandson the said John L Whitbeck shall attain the age of 
twenty one years I do then immediately give devise and bequeath unto him my said grand 
son the said John L Whibeck all of my said real estate herein and hereby devised given 
and bequeathed to my executor in trust as aforesaid to him the said John L Whitbeck 
together with all hereditaments and appurtenances thereunto  belonging or in any way 
appertaining to have and to hold the said described premises to him the said John L 
Whitbeck his heirs and assigns forever  and I do hereby order and direct that during the 
continuance of the said trust estate as aforesaid that my executor of this my last will and 
testament hereinafter nominated and appointed shall rent the same the said described 
premises to my son Peter Whibeck and it is hereby ordered and directed to be upon the 
following conditions that is to say First an annual rent of one hundred and fifty dollars 
payable yearly in cash. Second No timber to be cut and used on the said premises except 
that which is dead or decaying. Third no wood timber or lumber or straw or manure to be 
sold or removed from said premises.  Fourth the buildings fruit trees and fences thereon 
to be kept in as good condition and repair as they are or may be at my decease.  Fifth to 
keep feed and taken proper care of one cow free of charge on the said described premises 
for my wife Lavina Whitbeck as provided hereinbefore in this my last will and testament.

Thirteenth – If my said son Peter Whitbeck should be unwilling to rent said described 
premises of my executor of this my last will and testament hereinafter nominated and 
appointed on the conditions as hereinbefore set forth and declared and specified or if he 
should so rent the same aforesaid and should refuse fail or neglect to fulfill any or all of 
the said conditions on his the said Peter Whitbecks part then in that event my executor of 
this my last will and testament hereinafter nominated and appointed is herein and hereby 
authorized and empowered and I do by these presents herein and hereby order and direct 
that he my executor as aforesaid shall summarily remove him my said son the said Peter 
Whibeck from said premises and he my executor as aforesaid is hereby by these presents 
ordered and directed to rent the same the said described premises to any other person or 
persons upon the same conditions as is hereinbefore set forth mentioned and expressed 
except the annual cash rent for the said annual cash rent he my  executor as aforesaid is 
hereby by these presents ordered and directed to procure the best price he can obtain for 
the same annually for the said described premises.

Fourteenth – I do hereby give devise and bequeath all the residue portion of my personal 
estate if any to my grandson John L Whitbeck son of Pter Whitbeck and I do hereby by 
these presents order and direct the same to be paid to him the said John L Whitbeck 
aforesaid by my executor of this my last will and testament as aforesaid when he the said 
John L Whitbeck shall attain the age of twenty one years.

Fifteenth – I do hereby by these presents order and direct that my graveyard situate on the 
lot where my son Peter Whitbeck now resides shall be kept preserve and maintained an 
used only for burial purposes for my family relatives and my descendants forever.

Sixteenth – If any of my said legates hereinbefore named in this my last will and 
testament shall after my decease present to my executor of this my last will and testament 
hereinafter nominated and appointed any account accounts claim or claims demand or 
demands of any kind name or nature whatsoever against my said estate and if said 
account, accounts claim or claims demand or demands shall de adjudged and declared to 
be just and correct and shall thereby become a legate and equitable charge against my 
said estate  I do hereby in that event order and that such legacy hereby bequeathed to 
such claimant shall abate the amount of such claim or account or  demand so adjudged as 
aforesaid and only the amount that the legacy exceeds that said claim account or demands 
shall be due and payable to such legate by my executor as aforesaid and if such claim or 
claims account or accounts demand or demands of any legatee as aforesaid so adjudged 
as aforesaid shall exceed the legacy so given bequeathed to such claimant legate I do then 
in that event hereby declare order and direct that such legacy so given and bequeathed to 
such claimant null and void.

Seventeenth – I do hereby appoint my friend Nickolas Cook sole executor of this my last 
will and testament hereby revoking all former wills by me made.  In Witness whereof I 
have hereunto set my hand and seal in the first day of January in the year of our Lord one 
thousand and Eight hundred and Seventy One.

John R Whitbeck <his mark>