Ulster County ,Montgomery, Ulster, NY NyArchives Wills.....Pencil (Bensel), Peter July 9, 1796
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Barbara Elder b.elder@mchsi.com September 12, 2009, 4:23 pm

Source: Sampubco - Ulster County, Ny Wills
Written: July 9, 1796
Recorded: February 1, 1797

In the name of God amen I Peter Pencil of the Town of Montgomery, County of Ulster
and State of New 
York, Yeoman being very sick and weak in Body but of sound mind and memory thanks be
to God for his 
goodness. Do make and publish this my last Will and Testament in manner and form
following. First I 
commit my Body to the Dust from whence it came to be decently Buried at the
discretion of my Executors 
herein after mentioned, named and appointed and my Spirit I commit to God who gave
it in humble hopes 
of a joyfull Resurrection through the Merit of my Lord and Savior Jesus Christ.  And
as for my Worldly 
Goods with which it hath pleased God to bless me with in this Life I give and
dispose of in the following 
manner Imprimise(?) I Give and bequeath unto by well beloved Wife Elizabeth together
with my Son 
Hezekiah the sole management of my personal Estate and Improvement for the use of
Raising up of my 
family and schooling my Children. if my Wife Elizabeth should marry again after my
decease, I give her 
one best Bed and beding, one best Cow which she is to except in lieu and instead of
dower but if she 
remains and lives with my Children she is to be partner with my Son Hezekiah in the
management of my 
Estate during her life. when my Youngest daughter __ Abby is of Age then I give my
Son Hezekiah two 
Horses and Harness and the half of what they may Gain from my decease until that
time, the worth of the 
remainder of my now movable Estate, I give to my Children Catharina, Hezekiah,
Abraham, Sarah, Cristian, 
Jacob, Mary and Abby to be equally divided among them except when Sarah Marry, I
give her as much as 
Catharina has had and when they divide what they have had must be taken out of their
portion, and an 
equal division made.  If my Improvement should be Sold and my Wife and son Hezekiah
should buy it, 
then at her death__ Hezekiah must divide whatever part my wife may have paid toward
purchasing it 
equally among my Children as above named and then I give my Improvement or last(?)
Estate which ever it 
may be unto my son. Hezekiah. my Executors is to put my two sons Cristian and Jacob
to trades such as 
may be Suitable to make a living. my Executors is also to pay my Just debts and
Funeral Expenses. And I 
do constitute and appoint my beloved Wife Elisabeth Executrix and my Son Hezekiah
and my friend John 
McCurdy Executors of this my last will and Testament.  And do direct them
immediately after my decease 
to make a true and perfect Inventory of my Goods and property above bequeathed. And
I do hereby revoke 
and declare all former or other Wills Void, and of none effect as to my Estate. In
Witness whereof there 
unto set my hand and Seal this ninth day of July in the year of our Lord one
thousand seven hundred and 
ninety-six.
                                                                                    
                            Peter Bensel [L.S.]

Signed Sealed published and declared as and for the last Will and Testament of the
Testator in presence of 
the word (worth) between the 27th and 28th lines, and the word (wife) between thirty
sixth and 37th lines 
of this Instrument being first Interlined before signing of the presence.
Peter Milspaugh__Wm. Milspaugh__Mary her X mark Milspaugh Ulster County SS.  Be it
remembered that 
on the ninth day of January in the year of our Lord one thousand seven hundred and
ninety seven 
personally came and appeared before me Joseph Gasherie Surrogate of the said County
Mary Milspaugh of 
the Town of Montgomery in the said County Widow and being duly sworn on her Oath
declared that she 
did see Peter Bensel sign and Seal the within written instrument purporting to be
the Will of the said Peter 
Bensel bearing date the ninth day of July in the year of our Lord one thousand seven
hundred and ninety 
six and heard him publish and declare the same as and for his last Will and
Testament that at the time 
thereof he the said Peter Bensel was of Sound disposing mind and memory to the best
of the knowledge 
and belief of her the deponent and that Peter Milspaugh and William Milspauth
together with the deponent 
subscribed the said Will as Witnesses thereto in the Testators presence.
                                                                                    
        Joseph Gasherie Surrogate

The People of the State of New York by the Grace of God. Free and Independent To All
to whom these 
presents shall come or may concern. Send Greeting Know ye. That at Ulster County on
the ninth day of 
January last past before Jospeh Gasherie Esq. Surrogate of our said County, the last
Will and Testament of 
Peter Bensel deceased (a Copy whereof is hereunto annexd) 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 the said Will
and the granting 
Administration of all and Singular the said Goods, Chattels and Credits and also the
auditing allowing and 
final discharging the account thereof doth belong unto us; the Administration of all
and Singular the 
Goods Chattels and Credits of the said deceased and any way concerning his Will is
granted unto Elizabeth 
Bensel and Hezekiah Bensel Executrix and Executor in the said Will named they being
first duly sworn well 
and faithfully to Administer the same and to make and exhibit a true and perfect
Inventory of all and 
Singular the said Goods, Chattels and Credits. and also to render a just and true
account thereof when 
thereunto required  In Testimony whereof we have caused the Seal of Office of our
said Surrogate to be 
hereunto affixed
Witness Joseph Gasherie Esq. Surrogate of the said County at Kingston the first day
of February in the year 
of our Lord one thousand seven hundred and ninety seven and of our Independence the
twenty first
                                                                                    
              Joseph Gasherie Surrogate

The preceding is a true Copy of the original Will of Peter Bensel deceased. also of
the certificate of the 
proof thereof and also of the Letters Testamentary.  Note the word and in the 7th
line 372 page interlined 
+ and in the 11th line 373 page obliterated
                                                                                    
             Joseph Gasherie Surrogate




Additional Comments:
While the writing is very legible, there is a decided lack of punctuation and
difficulty deciphering between 
periods, commas and just resting places for the pen.  Capitalization seems to have
no rhyme nor reason and 
I have tried to make a faithful representation of what was on the page.  I have put
question marks in parens 
where I had some difficulty.

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