WILL: Joseph Rockwell; Malta, Saratoga co., NY
surname: Rockwell, Swan, Dunning, Benedict

submitted by Scott A May (gecko @ bitstream.net)
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Transcribed from SAMPUBCO copied by Scott A. May
Saratoga County, New York Will Book Volume 6 page 48

The people of the State of New York, by the grace of God free and {L.S}
independent.  To all to whom these presents shall come or may concern send
greeting.  Know Ye, That at the village of Stillwater in the county of
Saratoga, on the fourteenth day of June, in the year of our Lord, One
thousand, Eight hundred and twenty three before George Palmer Esquire
surrogate of said county, the last will and testament of Joseph Rockwell late
of the town of Malta in said county deceased, a copy whereof is hereunto, was
proved and is now approved and allowed of by us.  And the said deceased having
whilst he lived and at the time of his death goods, chattels or credits within
this State by means whereof the proving and registering said will of the
granting administration of all and singular the goods, chattels and credits of
the said deceased, and also the auditing allowing and final discharging the
accounts thereof doth belong unto us.  The administration of all and singular
the goods, chattels and credits of the said deceased and any way concerning
said will is granted unto Jeremy Rockwell and Bushniell Benedict the Executors
in said will named, they being first duly sworn  well and faithfully to
administer the same and to make and filed a true and perfect inventory of all
and singular the goods, chattels and credits of the said deceased, and to
render a just and true account thereof when thereunto required.  For testimony
whereof we have caused the seal of office of our said surrogate to be hereunto
affixed.  Witness George Palmer Esquire surrogate of our said county at the
village of Stillwater the fourteenth day of June in the year of our Lord, one
thousand, Eight hundred and Twenty three.  And of our independence the forty
seventh.
                                     George Palmer
In the name of God Amen, I Joseph Rockwell of the town of Malta county of
Saratoga, and State of New York, being weak of body but of sound and perfect
mind and memory, Blessed be Almighty God for the same do make and publish this
my last will and testament, in manner found following, and first I resign my
body to the earth from which it came to be buried in a decent Christian like
manner, and my soul to return to God from whence it came.  

And secondly I give and bequeath unto Jeremy Rockwell, Stephen Rockwell,
Samuel Rockwell, Matthew Rockwell, Philo Rockwell my five sons, Sarah Swan and
Hannah Dunning my two daughters, the heirs of Ruth Benedict my eldest
daughters deceast, all my estate both real and personal after paying my
funeral charges and all my just debts which my be due at my decease, to be
equally divided between them, that is to say, the said Jeremy is to receive
the one ninth part, the said Stephen the ninth part, the said Samuel the ninth
part, the said Matthew the ninth part, the said Philo the ninth part, the said
Hannah the ninth part, the said Sarah the ninth part, the heirs of the said
Ruth deceast the ninth part which is to be equally divided among her surviving
heirs and the heirs of the said Esther deceast, the ninth part to be equally
divided among her surviving heirs, and further it is my will what sum may be
allotted to Stephen my son, that there shall be deducted of one hundred
Dollars, and fifty dollars given to Matthew my son and fifty dollars to Hannah
my daughter over and above their proportion of all my Estate and it is my
further will, what sum or sums of money be due from Bushniell Benedict of
Ballston, at my decease the said Bushniell shall pay or cause to be paid, to
my executors or to whom they shall appoint the one fourth of what may due; one
year after my decease and two years after my decease, one fourth part, and
three years after my decease, one fourth part, and four years after my decease
the remainder with annual interest, and further it is my will that Sarah
Knights shall have a privilege where she now lives with her two children for
the term of three months after my decease, free of expense.  

And lastly I hereby appoint Jeremy Rockwell my son and Bushniell Benedict of
Ballston my Executors of this my last will and testament, hereby revoking all
former wills by me made enjoining on my said Executors as soon as convenient
after my decease, to dispose of my real and personal property and make a
division according by as stated in this my last will.  In witness whereof I
have hereunto set my hand and seal the Twenty ninth day of January in the year
of our Lord, one thousand, Eight hundred and twenty three 

Joseph Rockwell. L.S.  Signed, sealed, published and declared by the above
named Joseph Rockwell to be his last will and testament in the presence of us,
who have hereunto subscribed our names as witnesses, in the presence of the
testator 

Bushniell Benedict
Lemuel Stewart, William F. Knights

Saratoga County   Be it remembered that on this fourteenth day of June in the
year of our Lord, One thousand, Eight hundred and twenty three, before me
George Palmer Esquire Surrogate of the county aforesaid personally came and
appeared Lemuel Stewart a subscribing witness to the preceding instrument in
writing purporting to be the last will and testament of Joseph Rockwell late
of the town of Malta in the county aforesaid deceased, and being duly sworn
did say that he saw the said Joseph sign and seal the same and heard him
publish and declare it to be his last will and testament and that at the time
thereof he the said Joseph was of sound mind, memory, and understanding to the
best of his knowledge and belief and that he together with Bushniell Benedict
and William F. Knights subscribed their names to said will as witnesses in the
presence of the testator and each other.  And be it also remembered that on
the same day and year aforesaid also came before said surrogate Jeremy
Rockwell and Busniell Benedict the Executors in said will named and were duly
sworn to the faithful execution and performance thereof.
                                George Palmer