WILL of ROBERT WHITBECK
Town of Root
Montgomery County, New York
The Will of Robert Whitbeck of the Town of Root was graciously contributed
by researcher Janet Neal.
"Previously I had posted the obituaries of Jacob (Robert's son) and Jacob's wife,
Margaret. I'd love to visit Root someday, but doubt that will ever happen. In the meantime,
my visits to the Montgomery County website will have to do. You all work so hard to make it
so interesting. Your efforts are certainly appreciated."
Our site is only as interesting as researcher contributions such as yours, Janet! Thank you so much!
Will of Robert Whitbeck
In the name of God Amen. I Robert Whitbeck of the Town of Root in the County of
Montgomery and State of New York do make and declare this my last Will and
Testament in manner and form following - First - I give and bequeath unto my
beloved wife Margaret 13 & a half acres of land together with the house on the
same, in which my son Henry R. now lives, which land is bounded as follows -
Beginning in the center of the road leading from YatesVille to John Petits
Easterly from the house of my said son Henry R turns thence along said road S. 22
degrees East 3 chains & 20 links: thence S. 77 degrees West 3 chains and 85 links
- thence S. 22 degrees East 7 chains and 80 links - thence S. 77 degrees, West 12
chains & 43 links - thence North 22 degrees West 9 chains and 70 links, and
thence North 67 degrees, East 16 chains to the place of beginning - also Eight
acres out of the Quackinbuss Lot in Rosebooms's Patent to be laid out next after
23 acres is taken from the NorthWest corner for my daughter Elira Fero, and one
acre to my son Andrew R in the same form - and this is to be in lieu of Dower out
of my Lands - and at her death or in case of her marriage the same is to go to my
youngest son Robert Whitbeck Jun his heirs and assigns forever. I also give her
2 cows - 2 hogs 8 sheep - and the pork of 2 hogs and all the household furniture
in the house. 2. I give and bequeath unto my son John R. Whitbeck his heirs &
assigns forever the following described Lots of Land - to wit - 1st the Land on
which he lives containing about twenty acres - bounded west by a 25 acre Lot of
Abraham A.Yates. South by Christian Lather & running from the South East corner
there of along the West bounds of said Lather's Land to the highway - thence
Easterly along said highway 4 chains & 43 links to a Stake - thence North 13
degrees West 2 ch. 36 links, thence South 80 dg - East 4 chains 20 links to the
highway thence Northerly along said highway to lands this day bequeathing to my
daughter Elira, the wife of David Fero - thence S. 77 degrees West 16 chains & 28
links to a Stake thence South 30. East 10 chains & 27 links to the N.E. Corner of
Abraham A. Yates Land. - also eight acres and three fourths of land be the same
more or lefs, bounded East by a 25 acre Lot in possession of Nicholas Ondderkirk
- on the South & West by the highway, and North by a line running in direct range
with the North corner of the Yates 50 acre lot 80 called - also Eight acres of
WoodLand extending from the land of John Moyer to the creek South of that
bequethed to my said Wife in said Quackenbuss lot and I will and direct that out
of said lands my said son John R is to pay my daughter Mary, the wife of Gideon
Barnard her heirs or assigns the sum of thirty dollars to be paid one year after
my decease without interest - Finally I give and bequeath unto Elira my daughter
and the wife of said Fero her heirs and assigns forever three acres of Land where
she now lives, bounded East by the first named road & extending East along said
road northerly from the North East corner of the lot bequethed to my son John R.
7 chains & 80 links and extending westerly 3 chains & 85 links - I also give and
bequeath unto her, her heirs and assigns forever 2 acres of WoodLand out of the
North West corner of the Quackinbuss lot, extending from John Moyer's line to the
creek - also one cow. I also give and bequeath unto my Grandson Robert Barnard,
the son of my daughter Peggy or Margaret, in lieu of giving the same to her the
sum of five dollars, to be paid him by my son Andrew out of the land herein
bequeathed to him within one year after my decease - I give and bequeath unto my
son Andrew one acre and a half of Land to him his heirs and assigns forever,
bounded Southerly & Easterly by the public highway and Northerly and Westerly by
Land herein bequeathed to my son John R. to be 3 chains & 53 links on the East
line, and on the North line 4 chains, ? links, and on the West line 2 chains 36
links as the same is now, and I direct that he shall pay the above mentioned five
dollars, said Grandson Robert out of the same. I also give and bequeath one acre
of woodland and out of said Quackinbuss lot extending from John Moyer's land to
the creek along the South side of that corner my daughter Elira, to give his
heirs and assigns forever - I also bequeath unto my son Jacob Whitbeck all that
part of the Quackinbuss lot in Rosebooms Patent, lying Easterly of the center of
the creek his heirs and assigns forever, subject however to the payment of half
of my debts due at my decease, & the same is hereby made express lien thereon,
and also pay to my son Philip the sum of seventy five dollars next after the
debts ordered for him to pay be cancelled & the same is also a lien on said land
hereby bequeathed. I also give and bequeath unto my son Henry R. his heirs &
assigns forever all the rest and remainder of my real estate not hereby devised &
I hereby will and direct that he pay all of my funeral expenses and the one half
of my debts due at my decease, and the sum of seventy five dollars to my son
Philip - and the same is an express charge on the land hereby bequeathed to him -
all of my personal estate not herein devised is to go to extinguish debts
chargeable on my said Sons Jacob & Henry R. at a regular or Sale under the
inventory to be made by my Executors = after named. I also give & bequeath unto
my son Philip the sum of one hundred and fifty dollars to be paid as above
directed. I also will and direct that each of my heirs, who have wood lots
hereby devised to them are to have free ingress and egress from their serveral
wood lots along the usual road leading to the same, doing as little damage as
possible & the road as to be now fenced out - to them their heirs and assigns -
Lastly I appoint Henry R. Whitbeck & Henry I. Diefendorff Esq to be executors of
this my last will & testament, hereby revoking former wills by me made.
In witness where of I have hereset my Hand & Seal this 23d day of October 1844. Robert (his x mark) Whitbeck.
Signed, sealed, published and declared by the testator to be his last will and
testament in presence of us who at his request in his presence in the presence of
each other have subscribed our names as witnesses thereto.
P. Wetmore of Canajoharie - Adam Frank of Root Montgomery County.
State of New York Montgomery County fs - Be it remembered that at a Surogate's
Court held for the County of Montgomery at the Surogate's Office in the Village
of Fultonville before Giles F. Vanvechten Surogate of said county on this twenty
fifth day of February in the year of our Lord one thousand eight hundred and
forty five, the last Will and Testament of Robert Whitbeck, late of the said
county deceased, a copy whereof is hereunto annexed was admitted to Probate by
the said Surogate after a citation to the widow, heirs and next of kin to the
said deceased, issued, signed, returned and filed according to Laws satisfactory
proof having first been made of the circumstances of the delivery and possession
of the said Will and also of the Execution thereof by the depositions of
Pythagoras Wetmore and Adam Frank the subscribing Witnesses to the said Will -
copies of which deposition, are also hereunto annexed - Whereupon I the said
Surogate upon the proof aforesaid, being satisfied of the genuineness and
validity of the said Will order that the same be admitted to probate and that
letters Testamentary thereon be granted - In Testimony whereof I the said
Surogate have hereunto set my hand and affixed the seal of my office - same at
the Village of Fultonville aforesaid the day and year aforesaid.
Giles F. VanVechten Surogate
Montgomery County Surogate's Courts - In the matter of the Probate of the Will of
Robert Whitbeck deceased - which will relates to both Real and personal estate.
Pythagoras Whetmore of the Town of Canajoharie in the County of Montgomery being
first only sworn desposeth and saith that he saw the said Robert Whitbeck
deceased seal and Execute the instrument now shown unto him this deponent which
said instrument purports to be the last Will and Testament of the said Robert
Whitbeck deceased and bears date the twenty third day of October, 1844.
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