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Schenectady County, New York Wills - Weatherwax

[Thanks to Wayne E. Weatherwax for submitting this information.]

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Andrew Weatherwax

In the name of God amen. I Andrew Weatherwax of the town of Glenville in the county of Schenectady being of sound mind and understanding and being mindful of the necessity of arranging while in life my temporal affairs do publish and declare this to be my last Will and Testament in manner and form following that is to say

First I give devise and bequeath unto my executor here-be
Named, all my real and personal property of every kind and nature in trust to be sold and disposed of and converted
Into money by me said executor as soon as conviently can be done after my death,  And the proceeds there of after you pay my just debts and funeral expenses is to be divided into ————— (possible nineteen?) equal shares or parts which said shares or parts are to be given and distributed by my said executor among my children or the legal representative of my children here after named as follows viz.

To the children of my son Alexander Weatherwax deceased two of such equal share or parts.

To the children of my daughter Anne Miller deceased wife of Henry Miller two of such equal shares or parts.

To the children of Cornelia Cook deceased wife of Gilbert Cook two such equal shares or parts

To my son Andrew Weatherwax Jr. and his heirs and assigns four of such equal shares or parts

To the children of my son John Weatherwax deceased one of such equal share or parts

To my son Henry V.C. Weatherwax and to his heirs and assigns ———— four of such equal shares or parts

To my daughter (Jane?) Arnold wife of Martin Arnold two of such equal shares of parts

To my daughter Sarah Francisco wife of Levi Francisco the income of two equal shares or parts during her life and after her death such share or parts to be given to her child or children, but if my said daughter shall be without children then the said two equal shares or parts shall be divided among my children of the lineal descendents of my children herein named equally. The lineal descendents being entitled to the share that the person from whom they inherit would be entitled were such person living.

And lastly I do hereby constitute my two sons Andrew Weatherwax jr. and Henry VC Weatherwax and my son in law Levi Francisco executor of this my last will and testament. And I do hereby revoke all former wills by me Made. Hereby giving my said executor full power and authority to carry out the provisions of this will. In testimony whereof I have hereunto set my hand and seal this tenth day of September in the year of our Lord

One thousand and eight hundred forty five

Andrew Weatherwax s.s.

The above instrument written on two pages was signed sealed published and declared by the said Andrew Weatherwax to be his last Will and Testament in the presence of each of us and the said testator at the time of making such declaration requested each of us to sign our names hereunto witnessed

Jame Besly, Glenville
(R. H. Potter?) Schenectady

Andrew Weatherwax

In the name of God amen I Andrew Weatherwax of the town of Glenville in the county of Schenectady
And state of NewYork being of sound mind and memory and considering the uncertainty of the frail and
Transitory life do therefore make ordain publish and declare this to be my last Will and Testament that is to
Say:

First: After all my lawful debts are paid and discharged I give and bequeath and devise to my son Isaac Weatherwax of the said town of Glenville and to his heirs and legal representatives in fee simple all that
Portion of my real estate situated in the said town of Glenville on a map of my Homestead farm and subdivisions thereof made by Thomas Romein esq. Surveyor on the 5th day of May last shaded in red colors and lying in one body designate as containing sixty seven acres, two roods and seventeen perches of land.

And to my son Charles P. Weatherwax of the same place and to his heirs and legal representatives I give devise and bequeath in fee simple all that portion of my real estate situated in the said town of Glenville on the said map shaded in green colour and designated as subdivision no.3 and separated into two portions by the adjoining highway and together containing fifty nine acres and sixteen perches of land.

And to my son Henry V.C. Weatherwax of the same place and to his heirs and legal representatives I give bequeath and devise in fee simple all that portion of my real estate situate in the said town of Glenville and 41 acres 3 rods & 15 perches thereof being situated in the town of Amsterdam Montgomery County — on the said map shaded of a blue colour and being four portions and called on said map subdivision one (1) and four (4) ———— collectively containing sixty six acres the roods twenty three perches. And all the personal property of which I may die posessed or entitled. I bequeath in equal shares to my said three sons and their representatives likewise I make constitute and appoint my said son Isaac Weatherwax to be executor of this my last Will and Testament hereby revoking all former wills by me made.

In witness whereof I have hereunto subscribed my name and affixed my seal the thirteenth day of September in the year of our Lord one thousand eight hundred and sixty nine

(signature?)

Andrew Weatherwax s.s.

John Les————

The above written instrument was subscribed by the said Andrew Weatherwax in our presence and
Acknowledged by him to each of us and he at the same time declared the above instrument so subscribed to be his last Will and Testament and we at his request have signed our names as witnesses hereto and written opposite our names our respective place of residence

John Sander of the town of Glenville Schenectady County
James G. (Caw/Law?) of Schenectady N.Y.

CODICIL

This is a codicil to my last Will and Testament written within bearing the date the 13th day of September 1869, as follows:

I give and devise to my son Henry V.C. Weatherwax the right of way through the lands in my said will Devised to my son Charles P. Weatherwax by the usual travelled road or route through Charles P's land. To get to his wood lot on the within mentioned map shaded blue and designated by the number four (4) without right of demand or charge therefor And I so direct and order accordingly — and I further devise order and direct that in case any of my sons named in my will should bring in any charges or demands againest me or my estate I order that such charges claims or demands shall be made a direct charge and lien againest the demand portion or portions of the son or sons or their representative herein devised by me to him or them respectively and not otherwise

I witness whereof I have hereunto subscribed my name and set my seal this 6th day of June 1870

(signature?)

Andrew Weatherwax s.s.

We who names hereto subscribed do certify that Andrew Weatherwax the testator subscribed his name and affixed his seal to this instrument in our presence and in the presence of each of us and at the same time he declared in our presence and hearing that the same was a codicil to his last Will and Testament requested us each of us to sign our names as witness to the execution thereof which we have done accordingly in the presence of the testator of each other the day of the date of said codicil

John Sander of the town of Glenville Schenectady NY
James G. Law of the city of Schenectady

*note written on the bottom of this page is ( July 15,1881?) in margin

Margaret Weatherwax

The Last Will and Testament of Margaret Weatherwax of Schenectady NewYork

I Margaret Weatherwax of the city of Schenectay N.Y. make, publish, and declare tis ur and for my last will & testament as follows:

FIRST: I give and bequeath unto my daughter Clara C. Lambert , wife of Charles Lambert , the sum of twenty five dollars.

SECOND. I give and bequeath unto my daughter Ida Todd all my wearing apparal.

THIRD, I give and bequeath unto my granddaughter Maggie Todd my gold watch and chain

FOURTH, I also give and bequeath unto my said grand-daughter Maggie Todd provided she lives to be twenty
One years of age the sum of two hundred dollars and all interest which may then have accrued thereon, and I hereby direct my executor hereafter named to invest said sum of two hundred dollars at interest said grand-
Daughter shall arrive at the age of twenty one years at which time I hereby direct my said executor to pay
Said sum of two hundred dollars and all accrued interest thereon to said Maggie Todd, but in case said Maggie Todd shall not live to the age of twenty one years then I give and bequeath said sum of two hundred
Dollars and all accrued interest thereon to her mother my said daughter Ida Todd.

FIFTH, All the rest, residue, and remainder of all my property both real and personal I hereby give,devise and bequeath
Unto my children. Andrew Weatherwax,William James Weatherwax,John L, Weatherwax, Christopher Weatherwax, George Weatherwax and Ida Todd, their heirs and assigns forever to be divided between them equally share and share alike

SIXTH & LASTLY

I hereby nominate, constitute and appoint my said children Andre Weatherwax, William James Weatherwax,
And Ida Todd the executors of this my last will & testament hereby revoking all former wills by me made.

In witness whereof I have hereunto set my hand and seal this twenty ninth day of April 1889

(signature) Margaret Weatherwax (l.s.)

The foregoing instrument was at the date thereof signed, sealed, published & declared by said Margaret Weatherwax in and for Her last will and testament in our presence and we have at her request and in her presence and in the presence of each other Subscribed our names on the witnesses thereto

John G Ostrom, Schenectady N.Y.
J. A. Schoolcraft

ADMITTED TO PROBATE JUNE 18,1889

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