WILL: Adam Garlock; Canajoharie, Montgomery co., NY surname: Garlock, Randall, Brumfield, Waggoner, Reagles, Keller, Gross, Hess submitted by Carol Pfile (cvp at tribute.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: March 29, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 9.6 Kb ************************************************ Source: sampubco.com Montgomery County, NY Will Book vol. 7 page 299 Written: January 21, 1828 Recorded: September 22, 1845 WILL OF ADAM GARLOCK Sept. 22, 1845 State of New York, Montgomery County SS} Be it remembered that at a surrogate’s court held for the County of Montgomery at the surrogate’s office in the Village of Fultonville before Giles F. Van Vechten, surrogate of said county, on this twenty-second day of September in the year of our Lord one thousand eight hundred and forty-five the last Will and Testament and the codicils thereto annexed of Adam Garlock late of the said County, deceased, copies whereof are hereunto annexed were admitted to Probate by the said surrogate, after a citation to the heirs and next of kin to the said deceased, issued, served, returned and filed according to Law. Satisfactory proof having first been made of the circumstances of the delivery and possession of the said Will and Codicils and also of the Execution of the said Will by the depositions of Phineas Randall, Jeremiah Brumfield and Peter A. Brumfield of the execution of the first codicil to said will by the depositions of Peter J. Waggoner and Minther Reagles and of the execution of the second codicil to said Will by the depositions of Peter J. Waggoner, Minther Reagles and Jeremiah Brumfield subscribing witnesses to said Will and the said several codicils respectively – copies of which depositions are also hereunto annexed. Whereupon I the said surrogate, upon the proof aforesaid being satisfied of the genuineness and validity of the said Will and also of the said codicils, order that the same be admitted to Probate and that Letters Testamentary thereon be granted. In Testimony whereof I the said surrogate have hereunto set my hand and affixed the seal of my office. Done at the Village of Fultonville aforesaid the day and year aforesaid. Giles F. Van Vechten, Surrogate In the name of God Amen. I Adam Garlock of the Town of Canajoharie and County of Montgomery & State of New York, considering the uncertainty of this life and being of perfect mind and memory (blessed be God for the same) do make and publish this my Last Will and Testament – hereby revoking all other Wills be me made and executed, in manner and form following. That is to say— First. I give and bequeath unto my son Henry A. Garlock all that my whole message of tenement on which I now reside, lying and being in the Town and County aforesaid containing three hundred acres of Land more or less, with all the farming utensils, belonging to said farm and all my personal property, money, chores in action, accounts and demands which I may own, possess or have due me at the time of my decease; to have and to hold all of every the said messages lands and tenements there and hereditaments with the appurtenances, to him the said Henry A. his heirs and assigns forever. Second. Whereas I have given to my son Adam Garlock, Junior, a deed for one hundred acres of Land in Delancey’s Patent, Lot No. eighteen situate in Canajoharie aforesaid. It is therefore my Will that he the said Adam his heirs and assigns have said Lot No. eighteen. I also give and bequeath unto my said son, Adam Garlock, Junior an undivided half of the farm on which he now resides, situate, lying and being in the Town and County aforesaid, being Lot No. eight in Delancey’s Patent, containing one hundred acres of Land more or less, to him his heirs and assigns forever. This latter bequest to my said son Adam, in relation to the farm on which he now resides, is however given upon the express condition that he or his executors or administrators pay or cause to be paid the Legacies hereinafter bequeathed to my daughters Anna and Catharine, at the time and in the manner as is hereinafter described. And that he pay or cause to be paid unto my said son Henry A. Garlock the further sum of five hundred dollars, the one half thereof in four years after my decease and remainder in one year thereafter with interest after the same becomes due. But in case my said son Adam shall neglect or refuse to pay the said Legacies and the said five hundred dollars as aforesaid, then I will and direct that my said son Henry A. have the said undivided half of the said farm, to him his heirs and assigns forever being the whole of my interest in the said farm, whereon my said son Adam now resides, and that he the said Henry A. pay the said Legacies hereinafter mentioned. Thirdly. I give and bequeath unto my son George A. the farm on which he now resides in Delancey’s Patent containing one hundre and twenty five acres of Land more or less, to him his heirs and assigns forever – upon this express condition that my said son George A. shall, when requested, release to my said son Henry A. his heirs and assigns twenty-five acres as aforesaid, then and in such case I will and direct that my said son, George A., shall pay unto my said son, Henry A., his heirs, executors or administrators , the sum of three hundred and fifty dollars in four years after my decease, with interest after the sum becomes due. Fourth. As I have given in my life time, to my daughter Elizabeth three hundred dollars, I will that sum be retained by her as and instead of her Legacy. Fifthly. I give and bequeath unto my daughter Ann, the wife of Soloman Keller, the sum of two hundred and forty dollars, to be paid in two years after my decease, with interest after it becomes due – which together with sixty dollars already received is intended as her portion. Sixthly. I give and bequeath unto my daugther, Catharine, the wife of Daniel Garlock, her heirs and assigns forver, on acre of Land together with all the tenements and appurtenances thereunto belonging, which adjoines the Land of her husband and which he has now in his occupation and possession. And I also give and bequeath unto her one hundred and fifty dollars to be paid in three years after my decease. Lastly. I nominate, constitute and appoint my trusty friends Lawrence Gross and George H. Hess to be my Executors of this my last Will and Testament. In witness whereof I have hereunto set my hand and seal this twenty-first day of January one thousand eight hundred and twenty-eight. Adam X Garlock {LS} His mark. Signed sealed and published by the said Adam Garlock to be his Last Will and Testament in the presence of us who have hereunto subscribed our names in the presence of the Testator as witnesses. N. B. the words “and twenty-five” above the eighth line from the bottom of page 2 were interlined before the execution of this will. As also the word “her” in the 13th and the word “Anna” in the 15th line from the top of page third. Phineas Randall, Jaremiah Brumfield, Peter A. Brumfield Montgomery County Surrogate’s Court SS} In the matter of the probate of the Will of Adam Garlock deceased, which will relates to both Real and Personal Estate; Phineas Randall of the Town of Canajoharie in the County of Montgomery being first duly sworn deposeth and saith that he saw the said Adam Garlock, deceased, seal and execute the instrument now shown unto him this deponent – which said instrument purports to be the Last Will and Testament of the said Adam Garlock deceased and being the date the twenty- first day of January in the year of our Lord one thousand eight-hundred and twenty-eight. That he heard the said Adam Garlock publish and declare the same as and for his last Will and Testament. That at the time thereof the said Adam Garlock was of sound and disposing mind memory and understanding, of full age and not under any restraint to the best of his knowledge and belief and that he did subscribe his name to said Will as a witness to the execution thereof in the presence of and at the request of the said Testator, and that he at the sme time saw Jeremiah Brumfield and Peter A. Brumfield, the other witnesses to said Will subscribe their names thereto as Witnesses to the execution thereof in presence of and at the request of the said Testator. P. Randall Subscribed and sworn to before me the 16th day of September, 1845. G. F. Van Vechten, Surrogate Montgomer County Surrogate’s Court SS} In the matter of the Probate of the Will of Adam Garlock deceased which will relates to both Real and Personal Estate – Jeremiah Brumfield of the Town of Westford in the County of Otsego being first duly sworn deposeth and saith that the saw the said Adam Garlock deceased seal and execute the instrument now shown unto him this deponent which said instrument purports to be the last Will and Testament of the said Adam Garlock deceased and being date the twenty-first day of January in the year of our Lord one thousand eight hundred and twenty eight. That he heard the said Adam Garlock publish and declare the same as and for his last Will and Testament. That at the time thereof the said Adam Garlock was of sound and disposing mind, memory and understanding. Additional Comments: The Daniel Garlock mentioned was a son of George P. Garlock.