WILL: Marget Thurwachter; Syracuse, Onondaga co., NY
surname: Thurwachter, Hay, Meerman, Miller

submitted by Janice Lutenberg Simpson (SgranJan2000 @ aol.com)
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Transcribed from SAMPUBCO copy by Janice Lutenberg Simpson
Onondaga County, New York State, Will Book Vol. N, page 546

At a Surrogate's Court held in and for the county of Onondaga at the Surrogate
office in the city of Syracuse on the Fourth day of April in the year of our
Lord one thousand eight hundred and sixty seven.
Present.  DeWitt C. Greenfield Surrogate

In the matter of proving the last Will and Testament of Margaretha
Thurwachter.  Deceased   Onondaga County }ss

Be it remembered that heretofore upon the petition of Louis Thurwachter, the
Executor named in the last Will and Testament of Margaretha Thurwachter, late
of the city of Syracuse in said county, deceased, for that purpose, to the
Surrogate of said county; a citation was duly issued in this matter which
citation with the proofs of service thereof are thereafter duly returned to
said Surrogate and which said petition and citation with the proofs of service
thereof are now on file in the office of said Surrogate and thereupon the last
Will and Testament of the said Margaretha Thurwachter, deceased, with
theproofs thereof were produced and are as follows to wit.In the Name of God,
Amen

I Margareth Thurwachter residing in the City of Syracuse, County of Onondaga
and State of New York, Sixty-five years of age and of sound and disposing mind
and memory; do make and publish this my last Will and testament in following
manner.  

First:  I give and bequeath to my daughter Margareth wife of Charles Hay, the
sum of Fifty-Dollars.

Second:  I give and bequeath to my son John Thurwachter the sum of Fifty
Dollars and also all the Furniture, Fixtures, Beds, Household-Furniture,
Clothing ?? which is in my possession at the time of my death.

Third:  I wish and want of my Executors (which I shall name hereafter:)
That they shall as soon as possible sell on the best and quickest manner all
my personal property (:except the above named:) and also my immovable property 
and pay from the proceeds any funeral and last sickness expenses and also the
expenses of suits, and after this is done, and my daughter Margareth as well
as my son John has received their Fifty-Dollars, they shall divide the Balance
of my property in Six equal parts in the following manner.  

Fourth:  I bequeath to my son Adam Thurwachter one sixth (1/6) part of this
property.

Fifth:  I also bequeath one sixth part of this property to my son Jacob
Thurwachter.

Sixth:  After the sale of the property my Executors shall take care before
anything the claims of my sons Adam and Jacob.

Seventh:  My son Fredrick Thurwachter shall also have the sixth part of the
property with the exception of One hundred and fifty-Dollars which sum he
received on a former period and this shall be equally divided among the other
five heirs.

Eighth:  My son Louis Thurwachter also receives the Sixth part of the
property.  

Ninth:  To my daughter Catherine (married to Peter Meermann) and her son
Louis, I give and bequeath also the sixth part of the property, but under the
following conditions:  My Executors keep the part of Catherine's in their
hands and paying her annually the interests.  As soon as her oldest son Louis
gets 21 years of age, he receives from the Executors two-hundred Dollars and
from the Balance his mother receives the interest.  After the death of the
mother the property shall be divided equally among their children.  If Louis
should die before he gets 21 years of age, the $200 shall be left to the part
of the mother.  If the mother should die before Louis gets 21 years of age,
then the Executors shall take him from his parently home and taking care that
he gets properly Educated.  The cost of such Education shall be paid from the
interest on the part of the mother and the Balance of interests shall be used
for the bringing up and Education of the other children of my daughter
Catherine and after the getting of age, each of them shall have his part on
the property of his mother.

Tenth:  For my daughter Caroline (:now the wife of Christian Miller:) I also
bequeath the sixth part of property I left with the understanding that my
Executors keep the part of my daughter Caroline in their hands and give her
yearly the interests as long as her husband Christian Miller is living should
she die before her husband is dead, then each of their children shall have his
part equally after being of age, but should she live longer than her husband,
then she shall have their part paid soon after her husband died.

  Lastly.  I do nominate and appoint my two sons John and Louis to be the
Executors of this my last will and testament and in case one of the Executors
should die before my last will and testament is fulfilled then the survivor
shall have the right to appoint an other executor in the place of the
deceased.  Finally I hereby revoke all former wills by me at any time
heretofore made.

  In testimony whereof I subscribed my name and affixed my seal at
Syracuse this 25th day of November 1862
                         (signed) Margaretha Thurwachter (Seal)
                                                               
The within instrument consisting of one sheet was at the date thereof signed,
sealed, published and declared by the said Margaretha Thurwachter as and for
her last will and testament in the presence of us who at her request in her
presence and in the presence of each other have subscribed our names as
witnesses thereto.

(signed)  George Saul Residing in Syracuse
(signed)  Louis Walldorf residing in Syracuse     (Two Dollar Revenue Stamp)

State of New York
Onondaga County }ss
Joseph A. Hoffman being duly sworn deposes and says that he has compared the
foregoing copy with the original will of Margaretha Thurwachter, deceased and
that the same is a literal transcript therefrom and of the whole thereof.  And
that it is a true translation of said original made by this deponent
Sworn before me this 4th                  (signed) Jos. A. Hoffman
day of April 1867
(signed)  D. C. Greenfield, Surrogate

Surrogate's Court, County of Onondaga
in the matter of proving
the last Will and Testament
of
Margaretha Thurwachter, Deceased   Onondaga County ?s

Louis Walldorf formerly of the city of Syracuse in the county of Onondaga but
now of the city of Rochester in the county of Monroe being duly sworn and
examined doth depose and say, that he, this deponent was well acquainted with
Margaretha Thurwachter late of the city of Syracuse in the county of Onondaga
deceased; that this deponent was present as a witness and did see the said
Margaretha Thurwachter subscribe at the end thereof the instrument now
produced and shown to this deponent purporting to be the last Will and
Testament of the said deceased, hearing date the twenty-fifth day of November
in the year of our Lord one thousand eight hundred and sixty-two; that the
said testatrix at the same time declaimed the instrument so subscribed by her
to be her last Will and Testament.  That thereupon this deponent and George
Saul in the presence of each other subscribed their name at the end thereof as
witnesses thereto, at the request of the testatrix and in her presence.  And
that the said testatrix at the time of executing and publishing the said last
Will and Testament was of full age of sound mind and memory and not under
restraint and was in all respects competent to make a Last Will and Testament
Subscribed and sworn this 10th            (signed) Louis Walldorf
Day of December 1866 before me
(signed) D.C. Greenfield Surrogate


Surrogate's Court.  County of Onondaga
In the matter of proving
the last Will and Testament
of Margaretha Thurwachter, Deceased  Onondaga County ?s

George Saul of the City of New York in the county of New York but formerly of
the City of Syracuse in the county of Onondaga being duly sworn and examined
doth depose and say that he this deponent was well acquainted with Margaratha
Thurwachter, late of the city of Syracuse in the county of Onondaga, deceased;
that this deponent was present as a witness and did see the said Margaretha
Thurwachter subscribe at the end thereof the instrument now produced and shown
to this deponent purporting to be the last Will and Testament of the said
deceased , hearing date the twenty fifth day of November in the year of our
Lord one thousand-eight hundred and sixty two; that the said testatrix at the
same time declared the instrument so subscribed by her to be her last Will and
Testament;  that thereupon this deponent and Louis Walldorf in the presence of
each other subscribed their names at the end thereof as witnesses thereto at
the request of the testatrix and in her presence.  And that the said testatrix
at the time of executing and publishing the said last Will and Testament was
of full age, of sound mind and memory and not under restraint and was in all
respects competent to make a last Will and Testament.
Subscribed and sworn this 25th                 (signed)  George Saul
Day of February 1867 before me
(signed)  D.C. Greenfield  Surrogate

Onondaga County
Surrogate Office {}ss

Recorded the preceding last Will and Testament of Margaretha Thurwachter,
deceased, as a Will of Real and Personal Estate. Together with the proofs
thereof taken and had in the Court of the Surrogate of the county of Onondaga
which record is hereby signed and certified by me pursuant to the provisions
of the Revised Statutes this Fourth day April A.D. 1867
(signed) D.C. Greenfield  Surrogate