1836 Will of George P. Garlock
Town of Canajoharie
Montgomery County, New York
Contributed by Carol Pfile
Record of the will and probate thereof of George P. Garlock deceased.
The last will and testament of George P. Garlock of Canajoharie & County of Montgomery.
I, George P. Garlock of Canajoharie & County of Montgomery aforesaid considering the uncertainty of human life & being of sound mind & memory (blessed be God for the same) do make and publish this my last will and testament in manner and form following that is to say -- --
First - I give and bequeath unto my grandchildren, Joseph Garlock, Walter Garlock, & Hiram Garlock the sons of my son, Philip Garlock, the farm whereon my son Philip now resides situated in the town of Russia & County of Herkimer estimated to contain two hundred and ninety seven acres of land as more particularly described in a deed to me and to me executed by John Forestor & Dorothy, his Wife, the 7th May 1834
as by referring to said deed will appear to & I do order & direct that my Executors shall apply so much of the money due me to take up & Discharge the bond & Mortgage which the said John Forestor holds to secure the payment of six hundred dollars with Interest upon the above described premises and that the said grandsons, Joseph, Hiram & Walter shall not make any divisions of said property until the youngest of them shall have arrived to the age of twenty-one years
Excepting & reserving five acres of the said farm & being that part where is standing a new framed house but unfinished which I give to my son Philip & Elisabeth, his wife, during their natural lives & no longer and after their decease the said five acres is to revert back to my three grandsons above named.
I also charge the said farm with the payment of two hundred dollars to my daughter, Elisabeth, wife of George Garlock, or to whosoever she may direct the same to be paid in two years after my decease
& also one hundred dollars to be paid to my grandson George Quackenboss & fifty dollars apiece to be paid to my granddaughters Catharine Quackenboss & Margaret Quackenboss as they shall respectively arrive at age after my decease which I will to them & to be paid by the said grandsons Joseph, Hiram & Walter
& if it shall appear that the said grandsons might or refuse to pay the above described sums to the said Elisabeth Garlock, George Quackenboss, Catherine Quackenboss, & Margaret Quackenboss, above named shall enter upon said farm & take fifty acres beginning at a maple stump being the corner of said farm thence along the Royal grant line far enough to make fifty acres in a square piece I will that my Executors hereinafter named, arrange for the support of my son George (who by the disposition of Providence is incapable of taking care of himself) with the interest of one thousand dollars secured to me by bond & mortgage Executed the 1st day of May 1832, by Christian Shall & Joseph Howe or so much as may be necessary annually for his support during his natural life to be expended according to the direction of my Executors
I will that the principle sum of One Thousand Dollars (after the decease of my son George) with so much of the Interest as my not be expended to be paid to my two grandsons William Henry Garlock & George P. Garlock to be divided equally between them.
I also will that the said Joseph Garlock, Hiram Garlock, & Walter Garlock shall each of them pay to my granddaughters, Anne Eliza Garlock the sum of twenty-five dollars within three years after my decease. I also give my bureau to the said Anne Eliza, my granddaughter
I bequeath unto my son, George Garlock, all my wearing apparel, bed & bedding which I now use & after his death to go to my grandson George P. Garlock.
I will that my Executors hereinafter named collect my debts if any be due me at my decease & also pay any debts I may owe (except the One Thousand Dollars above mentioned) & if there is a surplus after paying my just debts & funeral expenses that the same be paid to my said grandchildren Joseph, Hiram, & Walter Garlock the sons of my son Philip Garlock.
I will that the said One Thousand Dollars be kept in interest during the life of my son George & also until the said William H. Garlock & George P. Garlock arrive at the age of twenty-one years when they are to receive the One Thousand Dollars above mentioned provided the said George sooner dies, if not, then at his decease.
I give and bequeath unto the said Joseph, Walter & Hiram the said sons of the said Philip all the other personal or Real Estate of whatsoever kind not above bequeathed but all debts and expenses of settling my Estate are hereby made chargeable upon these equally and upon the Estate bequeathed to them.
I will that the said Joseph, Walter, & Hiram have the above mentioned farm on condition of their fulfilling the above obligations imposed on them & I will further that my son Philip & Elisabeth, his wife, shall have the privilege of cutting firewood on said farm provided he take it where it shall do the least damage to said farm
& also the said Joseph, Hiram & Walter Garlock shall keep one cow in summer and winter in good pasture & hay for the use of Philip Garlock & Elisabeth, his wife.
Lastly, I do appoint my son Stephan Garlock & my son Daniel Garlock & also William Lane 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 thirteenth day of February in the year of our Lord one thousand eight hundred thirty-six.
George P. Garlock IL SS
Signed sealed published & declared by the above named George P. Garlock as his last Will and Testament in the presence of us who have hereunto subscribed as Witnesses at the request & in the presence of the Testator.
Wm. J. Russell of Canajoharie, Henry H. Yardon of Conajoharie
State of New York, Montgomery County SS}
Be it remembered that at a Surrogate's court held for the said County of Montgomery at the Surrogate's office in the Village of Johnstown in the said county before Tobias A. Stoutenburgh, Surrogate of the said county, on the thirteenth day of June in the year of our Lord one thousand eight hundred and thirty-six the last will and testament of George P. Garlock, late of the said county, deceased (A copy whereof is hereunto annexed)
was admitted to probate by the said Surrogate after a citation to the next of kin to the said deceased, issued, served, returned and filed according to law, and also after due and satisfactory proof having then been made of the circumstances of the executors, delivery and possession of the said with witnesses at the place and on the day aforesaid
Henry H. Yardon being present and duly sworn by the said Surrogate testified that he saw the said George P. Garlock seal and execute the instrument shown unto him which said instrument purports to be the last will and testament of the said George P. Garlock, deceased, and bears date the thirteenth day of February in the year of our Lord one thousand eight hundred and thirty-six
that he heard the said George P. Garlock publish and declare the same as and for his last will and testament, that at the time being the said George P. Garlock was of sound and disposing mind, memory and understanding to the best of his knowledge and belief that he subscribed his name to the 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 same time saw William J. Russell the other witness to same will subscribe his name thereunto as a witness to the execution thereof in the presence of and at the request of the said testator whereupon I the said Surrogate, upon the proof aforesaid, being satisfied of the givenship and validity of the said will, order that the same be admitted to probate, and that letters testamentary thereon be granted after the expiration of thirty days.
In testimony whereof, I the said Surrogate have hereunto set my hand and affixed the seal of my office. Done at the village of Johnstown aforesaid the day and year just aforesaid.
Tobias A. Stoutenburgh
I Tobias A. Stoutenburgh Surrogate of the County of Montgomery do hereby certify that the foregoing are the true copies of the last will and testament and of the probate thereof of George P. Garlock, deceased.
Registered June 13th 1836.
Montgomery County Surrogate's Court SS} In the matter of proving the will of the real estate of George P. Garlock late of the County of Montgomery deceased. Henry H. Yardon of the town of Conajoharie in the County of Montgomery being first duly sworn deposed and saith that he saw the said George P. Garlock, deceased, subscribe the instrument now shown to him this deponent and which purports to be the last will and testament of the said George P. Garlock bearing the date the thirteenth day of February in the year of our Lord one thousand eight hundred and thirty-sic, that he heard the said George P. Garlock declare the same to be his last will and testament, that he the deponent did subscribe his name as a witness thereunto at the request of the said George P. Garlock and further that at the time thereof the said George P. Garlock was of sound mind and memory of full age and not under any restraint, and further that William J. Russell the other subscribing witness to said will has gone to settle in the State of Illinois and is not in this State and that the signature of said William J. Russel to said will is genuine.
Henry H. Yardon
Subscribed and sworn before me June 13th 1836. Tobias A. Stoutenburgh, Surrogate
I Tobias A. Stoutenburgh of the County of Montgomery do hereby certify that the foregoing are true copies of the last will and testament and profess this is a will of Real Estate of George P. Garlock, deceased. Registered June 13th 1836.
Tobias A. Stoutenburgh