EARLY WALRATH WILLS
The following 1746 handwritten will was discovered in the early 1930s. It is now in the Montgomery County Surrogates Court Building in Fonda, NY. It was never probated in the court of Montgomery County, so it is not treated as a legal document and therefore not given the same protection as legally probated wills. It is in Filing Box #1 under Henry Walradt. The paper is aged and brittle, and even the tape used to hold it together is drying out. This is the will of Heinrich Conrad Wallrath (as spelled in Gov. Hunters Subsistenance Lists of 1710-1712). He was one of the 1710 Palatinate Immigrants.
You will note that the name is Hendrick Wolrad in the will but is signed "Henry Wallrad". The signature is quite good.
While transcribing the will I noted that there was a definite underline between Johan and Adolf, "Johan_Adolf". I do not know the significance of this mark but would entertain any suggestions.
Jerome A. Walrath
note on cover-
Left by D. Paris for safe keeping
Feb. 21, 1823
In the Name of God Amen The first day of October in the Twentyeth year of the Reign of Our Sovereign Lord, George the Second by the Grace of God of Great Brittain France & Ireland, King Defender of the Faith, etc. And in the Year of Our Lord One Thousand Seven hundred & FortySix, I Hendrick Wolrad of Canajoharry in the County of Albany & Province of New York, yeoman being of good & perfect Mind & Memory praised be God for the Same. Considering the Certainty of Death & the uncertain time & hour of it, have thought fitt to dispose of the temporal Estate which it pleased God to give me, Recommending first my Immortal Soul into the hands of God & my Saviour Jesus Christ & my body to the Earth Revokeing Cancelling & Annulling by these Presents All Wills Testaments Codicills or Other disposals which I have Hitherto Made or Executed. It is my Desire that neither they nor any of them Shall be Valid or in any wise take Effect but I Declare this to be my Last Will & Testament.
Imprimis I do give & make unto my Eldest Son named Hendrick Wolrad the sum of Twenty Shillings in Right of his Primogeniture & that he shall be Satisfyied with what I Herein after Shall make devise & bequeath unto him.
I will & desire that all my Just Debts shall be paid & Satisfyed by my said Son Hendrick Wolrad.
I do give bequeath & devise unto my said Son Hendrick Wolrad his Heirs & Assigns for Ever One hundred acres of Land Situate Lying & being at Canajoharry aforesaid being part of the Lands which I Purchased from Phillip Livingston etc. being the Easternmost or lower half part of the Lott of Land I now Dwell upon & manure, he helping his brother Johan_Adolf Wolrad to Build a house & barn on the lands hereinafter Devised unto him, as good as the house & barn which the said Hendrick Inherits on the lands hereby devised unto him.
I do give Bequeath & devise unto my said Son Johan_Adolf Wolrad his Heirs & Assigns for Ever One hundred Acres of Land being the westernmost or upper part of the Lott of Land I now Dwell upon & of which I have bequeath the other half to my said Son Hendrick, he helping his said brother Hendrick to Stub & Clear the said Land devised unto him, as much as he helped him to Stub & Clear of his.
I do give & bequeath unto my well beloved Wife named Christina Wolrad yearly & Every Year during her natural life the Sum of Four Pounds Currant & Lawful mony of the Province aforesaid for her Maintainance which my Said two Sons Hendrick & Johan_Adolf or their Heirs Shall Equally & Joyntly pay unto her, together with my Feather Bed & all my Bed Cloaths & my Chest which I got from the Doctor & all my wearing Apparel Whatsoever to her & her Assigns for Ever. And if She Should Come to any want, & She has nothing to maintain her, then it is my Will & desire that my said two Sons Hendrick & Johan_Adolf or their Heirs Shall Equally & Joyntly add to the said Four and pay her out of my said Estate a Sufficient yearly maintainance of Meat Drink & Apparel, fitting for her Aged Condition Yearly & Every Year during her Natural life, but She shall not waste nor give away any of her said maintainance but use it all for her own Sustenance.
I do give & bequeath unto my said Sons Hendrick & Johan_Adolf & their Heirs One & twentyfive hundred Acres of Land lying at the east end of the Patent, which my said land is Specifyed in, to be Equally Occupyed & manured betwixt them during the term of Twenty Years after my decease, And then the said Hendrick or his Heirs Shall pay unto the said Johan_Adolf or his Heirs the full sum of Twenty Pounds Currant Mony of the Province aforesaid, In Consideration of which the said Hendrick Wolrad Shall Possess & Enjoy all & Singular the said One hundred & Twenty five Acres of Land & his Heirs & Assigns for Ever.
I do give & bequeath unto my three Daughters named Margret wife of George Clock, Elizabeth wife of George Windecker & Annarosina Wife of Fredrick Bellinger, Junior the Sum of
Thirty Pounds Currant mony of the Province aforesaid to be Equally Devided Amongst them Share & Share alike which my said Sons Hendrick & Johan_Adolf Shall Equally & Joyntly pay unto them after my decease.
I give devise & bequeath unto my said Sons Hendrick & Johan_Adolf the Sum of Fifty three Pounds Currant mony of the Province aforesaid, being a Debt which the said George Clock Owes me for Land, & if he refuses to pay it to them, It is my will & desire that they Shall use all Lawfull ways & means to Recover it of him, together with all & Every my Cash & Monies of what sortsoever, to be all together Equally devided amongst them Share & Share Alike.
I Do declare All what is above written to be my Last Will & Testament & desire it may have effect either as Testament Codicill or Donation or in any Manner that may render it Effectual notwith (the rest of the line was illegible) that may be Committed in it.
I do hereby Name & Appoint as Executor of this my Last Will & Testament my beloved Friends Conrad Contryman & Adam Timberman to Execute this my Last Will & Testament. In Witness whereof I hae hereunto Set my Hand & Seal the day and Year first above written.
Signed Sealed Published & Declared by the above Named Hendrick Wolrad to be his Last Will & Testament. (signed) Henry Wallrad
In Presence of us
Casper (his mark) Leib ( the mark is the initials 'KL')
*word (& Twentyfive) was interlin'd in 25th line of (2) page before Sealing & Publishing Hereof.
Further notes from Jerry Walrath:
"...it is that of Heinrich Conrad Walrath, one of the 1710 Palatinate immigrants. Just about all Walraths (and various other spellings) are descendants of either Heinrich Conrad Walrath or Gerhardt Walrath, also a 1710 Palatine immigrant. I am descended from both Gerhardt (my Walrath name) and Heinrich Conrad through his daughter Margaret's marriage to George Klock. Their daughter Catharina Klock md. Hendrick Walrath, b. 1737, a grandson of Gerhardt. Catharina and Hendrick Walrath were the parents of Peter H. Walrath, b. 1766 (my 4th g-grandfather) who is buried in the Walrath Cemetery in Palatine Twp.
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