1886 Will of Peter Garlock

Town of Canajoharie

Montgomery County, New York

Contributed by Carol Pfile

Be it Remembered, that heretofore, to wit, on the Seventeenth day of February 1887 Lany Garlock and Nathan Garlock the Executrix and the Executor named in the last will and testament of Peter Garlock late of the town of Canajoharie in the county of Montgomery, deceased, appeared in open court before Zerah G. Westbrook Surrogate of said county, and made application to have the said last will and testament, which relates to real and personal property, proved; and on such application the said Surrogate did ascertain by satisfactory evidence who were the widow heirs at law and next of kin of said testator and their respective residences; and on that day it appearing to the satisfaction of the said Surrogate that said petitioners and Margaret A. Wagner, Elizabeth Dunkel and Alida Schuyler are the widow and only heirs at law and next of kin of said deceased and are all of full age and said Margaret A. Wagner, Elizabeth Dunkel and Alida Schuyler having duly executed waivers of the issue and serving of any citations in this matter and joining in such application which waivers are duly filed in this office and -- -- no one appearing to oppose the probate of said will, such proceedings were thereupon and afterwards that the said Surrogate took the proof of said will hereinafter set forth upon this 17th day of February in the year one thousand eight hundred and eighty-seven and he adjudged the said will to be a will valid to pass real and personal property, and the proofs thereof to be sufficient, which said last will and testament and the proofs thereof are as follows, that is to say:

Peter Garlock

I Peter Garlock of the town of Canajoharie in the County of Montgomery and State of New York of the age of sixty-seven years being of sound mind and memory do make, ordain, publish and do declare this my last Will and Testament in manner following that is to say

First - I hereby revoke, annul and declare void all former wills by me made published and declared prior to the date hereof

Second - I direct that prior to the payment of any legacy or bequest hereinafter given that all my funeral expenses (including the purchase by my executors hereinafter named of a suitable monument and burial plot) and all my just debts and liabilities be paid

Third - To my son Nathan Garlock I do hereby give and devise all the property both real and personal of which I may die seized or possessed wheresoever situated and of whatever name or nature to have and to hold the same and every part thereof forever subject however to the conditions hereinafter made and the provisions and payment of the annuity and legacies hereinafter directed to be paid

Fourth - I hereby give and bequest to my daughters Margaret A. Wagner, Elizabeth Dunkel, and Alida Schuyler the sum of Three thousand Dollars each which said several legacies or sum of money I direct and order to be paid to the said respective legatees within one year after my decease; and in case at the time of my decease either of my said daughters shall not be living but shall leave heirs of their bodies the share or shares of those so deceased shall be paid and go to their said heirs respectively

Fifth - I give devise and bequeath to my beloved wife Lany Garlock and her assigns for and during the term of her natural life so long as she shall remain my widow one annuity or clear yearly rent or sum of Three hundred dollars free of all taxes and other deductions to be issuing and payable out of the real estate above devised to my son Nathan Garlock in yearly payments and to commence within one year after my decease. I hereby give and bequeath to my said wife all my household furniture of every kind nature or description. I do also hereby give and bequeath to my said wife the gray mare named "Kit" and the two year old colt foaled by said mare together with my top buggie wagon and set of single harness (nearly new) and blanket and robe, and I do hereby charge the homestead farm hereinafter mentioned with the keep and maintenance of said mare and colt and with good and sufficient feed, care and stable room for both and with carriage room and shelter for said buggie wagon so long as said mare, colt and wagon shall be and remain the property of my said wife Lany. I further direct and it is my will that my said wife shall so long as she remain my widow have and keep a home at and upon the homestead farm where I now reside and have and occupy such room or rooms in the dwelling house situate thereon as she may require and to have and use all the firewood or other fuel she may wish or require to be furnished provided and prepared for use by her by my said son Nathan or his assigns free of expense to my said wife so long as she shall make said homestead farm her home. And I do also will and direct that so long as my said wife shall make said homestead farm her home and remain my widow she shall be supported and maintained in sickness and in health free of any charge or expense to her by my said son Nathan or his assigns, and have and enjoy the right and privilege of eating at the family table of my said son or at her own private table in her own rooms at her option, and I hereby charge said homestead farm with the care maintenance and support of my said wife so long as she remains my widow aforesaid

Sixth - And I do hereby declare that the annuity and provisions hereinbefore given to and provided for my said wife shall be received by her in lieu of all claims for dower and other share or interest she might by law have had in my estate both real and personal had I died intestate

Seventh - I do hereby charge and subject the real estate hereinbefore devised with and to the payment of the said legacies, annuity yearly rent or sum of Three hundred dollars at the times and in the manner aforesaid

Eighth -- The rest residue and remainder of my estate both real and personal (should any there be) I hereby empower my executors hereinafter named to sell and convert the same into money and divide the same between themselves and my said daughters equally share and share alike

Ninth - I hereby nominate and appoint my said wife Lany and my said son Nathan Executors of this my last Will and Testament

Tenth and Lastly - Should the executors hereinbefore appointed accept these appointments they shall not nor shall either of them receive for their personal services therein any compensation out of my said estate In witness whereof I have hereunto set my hand and seal this twentieth day of January One thousand eight hundred and eighty-six

Peter Garlock {{LS}}

The above instrument was at the date thereof signed sealed published and declared by said Peter Garlock the above named testator as and for his last Will and Testament in the presence of us who at this request and in his presence and in the presence of each other have subscribed our names as witnesses thereto.

Brownell C. Fox residing at Canajoharie, N.Y.
Winfield S. Bellinger residing at Canajoharie, N.Y.

Note: This Peter Garlock was born in 1819.

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Created: 8/13/06
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