WILL of JOHN R. WHITBECK
Town of Root
Montgomery County, New York
The Will of John Whitbeck of the Town of Root was graciously contributed
by researcher Bill Bombard. Bill is researching the
William Lehman family of the Town of Root, ca. 1840.
"In the months since discovering my heretofore unknown McGregor cousin thru your
website, I have certainly fluffed out the branches of my family tree. I now have
wills of my g-g-g & g-g McGregor grandfathers from Florida Twp to contribute!"
Note: Transcribed from Sambuco copy of will.
Be it remembered that heretofore on the sixteenth day of February 1871 Nicholas Good
the executor named in the last will and testament of John Whitbeck late of the town of
Root in the County of Montgomery deceased appeared in open court before James H
Good County Judge of the County of Montgomery and made application to have said will
which relates to both real and personal Estate proved and on such application the said
County did ascertain who were the widow heirs and next of kin of said testator and their
respective residences and the said county judge did thereupon issue a citation in due form
of law directed to said heirs and next of kin requiring them to appear to appear before
said county judge at his office in the village of Canajoharie in said county on the fourth
day of March 1871 and attend the proof of said will and afterwards to wit on the said
forth day of March 1871 satisfactory evidence by affidavit was produced and presented to
said county judge of the service of said citation in the mode prescribed by law and on that
day no one appearing to oppose the probate of such will such proceedings were therefore
had afterwards that the said county judge took the proof of said will hereinafter set forth
upon this eleventh day of March 1871 and he adjudged said will to be a valid will of real
and personal estate and the proof thereof to be sufficient which said will and proofs are
as follows that is to say the will of John Whitbeck deceased.
I John R. Whitbeck of the town of Root county of Montgomery and State of New York
being of sound mind and memory do make publish and declare this my last will and
testament in manner following that is to say:
I do hereby order and direct my Executor of this my last will and testament
hereinafter nominated and appointed to pay all my just debts and funeral expenses.
Second: First I do hereby give and bequeath to my wife Lavina Whitbeck free use and
occupancy of my dwelling house out houses and lot of land now occupied by my son
Peter Whitbeck containing about one and one half acres of land and is bounded as the
fence now stands. Second one cow of a Roane color and being the same cow which she
my said wife now claims as hers the said cow to be kept and taken good and proper care
of on my homestead farm free of charge or expense to her my said wife. Third a
sufficient quantity of firewood for her use from my homestead farm and it is hereby
expressly ordered and directed that only dead and decaying lumber shall be cut and used
for that purpose. Forth all my household furniture of which I may or shall die seized of
or possessed. Fifth The sum of twenty dollars cash payable to her annually by my
executor of this my last will and testament hereinafter nominated and appointed I do
hereby order and direct that the first payment shall be due payable to her one year from
the date of my decease. Sixth I do hereby order and direct that she forgoing bequest to
my said wife Lavina Whitbeck as aforesaid are to be accepted and received by her in lieu
of dower. Seventh I do hereby order and direct that in the event of the marriage or death
of my said wife Lavina Whitbeck that all the foregoing bequests shall cease and be void.
Third: I do hereby give and bequeath to my daughter Margaret Youngs wife of George
Youngs the sum of fifty dollars and I do hereby order and direct the same to be paid to
her by my executor of this my last will and testament as follows annually the sum of ten
dollar until the said sum of fifty dollars be paid in full. I do hereby order and direct that
no interest be charged or paid on the same and I do hereby further order and direct that
the first payment shall become due and payable one year from the date of my decease.
Fourth I do hereby give and bequeath to my daughter Catharine Wagner wife of Peter
Wagner the sum of One Hundred dollars and I do hereby order and direct the same to be
paid to her by my executor of this my last will and testament as follows: Annually the
sum of ten dollars until the said sum of one hundred dollars be paid in full. I do hereby
order and direct that no interest be charged or paid on the same and I do hereby further
order and direct that the first payment shall become due and payable one year from the
date of my decease.
Fifth I do hereby give and bequeath to my son James Whitbeck the sum of one dollar.
Sixth I do hereby give and bequeath to my son Jacob Whitbeck the sum of five dollars.
Seventh I do hereby give and bequeath to my son Peter Whitbeck one plow one drag
one set of double harness, one black mare being the one I purchased of James Manning
and one gray mare two years old last spring.
Eighth I do hereby give and bequeath to my grandson John L Whitbeck son of Peter
Whitbeck one brown horse colt one year old next spring.
Nineth - I do hereby order and direct my executor of this my said last will and testament
hereinafter named to see at public auction as soon as practicable after my decease all the
rest residue and remainder of my personal property of which I may die seized of or
possessed and not hereinbefore disposed of and I do hereby further order and direct my
executor as aforesaid to apply and pay the avails thereof toward the payment and
liquidation of my just debts.
Tenth I do hereby give and bequeath to my son Peter Whitbeck for and during his
natural life one acre of woodland situate lying and being in the town of Root county of
Montgomery and State of New York being the same which I purchased of my Brother
Andrew Whitbeck for a particular description thereof reference is hereby had to the deed
of conveyance from him the said Andrew Whitbeck to me and immediately at his the said
Peter Whitbeck's decease I give devise and bequeath the same to my Grandson Lee
Whitbeck son of Peter Whtibeck aforesaid together with all the hereditaments and
appurtenances thereunto belonging or in any wise appertaining to have and to hold the
said described premises to the said Lee Whitbeck his heirs and assigns forever.
Eleventh I do hereby will and ordain order and direct that my executor hereinafter
nominated and appointed of this my last will and testament shall after my decease as soon
as practicable for the best price he can obtain bargain sell dispose of and alien in fee
simple all that portion of my real estate situate lying and being in the town of Root
county of Mongomery and State of New York and is bounded and described as follows
on the north side by lands belonging to Peter Yates on the East side by the center of the
Leatherville creek on the south side by lands of Peter Van Evera and on the west side by
lands of Henry Moyer containing eight acres of land more of less the said eight acres of
land is timbered land and I do hereby by these presents give to my said executor full
power and authority to dispose of grant alien bargain sell convey and assure the same the
said lands to any person or persons and to his her their heirs and assigns in fee simple
Twelfth I do hereby give devise and bequeath all the rest residue and remainder of my
real estate and not hereinbefore disposed of and consists of my homestead farm on which
I now reside containing ninety acres of land more or less excepting therefrom all that part
thereof hereinbefore given and bequeathed to my said wife Lavina Whtibeck for and
during the time while she my said wife may or shall use occupy and enjoy the same as
provided in this my last will and testament to my executor of this my last will and
testament hereinafter nominated and appointed in trust for the payment of all my just
debts and the legacies and charges hereinbefore mentioned and expressed and declared
and specified to be held and possessed by him my said executor as aforesaid for the
purposes aforesaid during the minority of my grand son John L Whitbeck son of Peter
Whitbeck and when my said grandson the said John L Whitbeck shall attain the age of
twenty one years I do then immediately give devise and bequeath unto him my said grand
son the said John L Whibeck all of my said real estate herein and hereby devised given
and bequeathed to my executor in trust as aforesaid to him the said John L Whitbeck
together with all hereditaments and appurtenances thereunto belonging or in any way
appertaining to have and to hold the said described premises to him the said John L
Whitbeck his heirs and assigns forever and I do hereby order and direct that during the
continuance of the said trust estate as aforesaid that my executor of this my last will and
testament hereinafter nominated and appointed shall rent the same the said described
premises to my son Peter Whibeck and it is hereby ordered and directed to be upon the
following conditions that is to say First an annual rent of one hundred and fifty dollars
payable yearly in cash. Second No timber to be cut and used on the said premises except
that which is dead or decaying. Third no wood timber or lumber or straw or manure to be
sold or removed from said premises. Fourth the buildings fruit trees and fences thereon
to be kept in as good condition and repair as they are or may be at my decease. Fifth to
keep feed and taken proper care of one cow free of charge on the said described premises
for my wife Lavina Whitbeck as provided hereinbefore in this my last will and testament.
Thirteenth If my said son Peter Whitbeck should be unwilling to rent said described
premises of my executor of this my last will and testament hereinafter nominated and
appointed on the conditions as hereinbefore set forth and declared and specified or if he
should so rent the same aforesaid and should refuse fail or neglect to fulfill any or all of
the said conditions on his the said Peter Whitbecks part then in that event my executor of
this my last will and testament hereinafter nominated and appointed is herein and hereby
authorized and empowered and I do by these presents herein and hereby order and direct
that he my executor as aforesaid shall summarily remove him my said son the said Peter
Whibeck from said premises and he my executor as aforesaid is hereby by these presents
ordered and directed to rent the same the said described premises to any other person or
persons upon the same conditions as is hereinbefore set forth mentioned and expressed
except the annual cash rent for the said annual cash rent he my executor as aforesaid is
hereby by these presents ordered and directed to procure the best price he can obtain for
the same annually for the said described premises.
Fourteenth I do hereby give devise and bequeath all the residue portion of my personal
estate if any to my grandson John L Whitbeck son of Pter Whitbeck and I do hereby by
these presents order and direct the same to be paid to him the said John L Whitbeck
aforesaid by my executor of this my last will and testament as aforesaid when he the said
John L Whitbeck shall attain the age of twenty one years.
Fifteenth I do hereby by these presents order and direct that my graveyard situate on the
lot where my son Peter Whitbeck now resides shall be kept preserve and maintained an
used only for burial purposes for my family relatives and my descendants forever.
Sixteenth If any of my said legates hereinbefore named in this my last will and
testament shall after my decease present to my executor of this my last will and testament
hereinafter nominated and appointed any account accounts claim or claims demand or
demands of any kind name or nature whatsoever against my said estate and if said
account, accounts claim or claims demand or demands shall de adjudged and declared to
be just and correct and shall thereby become a legate and equitable charge against my
said estate I do hereby in that event order and that such legacy hereby bequeathed to
such claimant shall abate the amount of such claim or account or demand so adjudged as
aforesaid and only the amount that the legacy exceeds that said claim account or demands
shall be due and payable to such legate by my executor as aforesaid and if such claim or
claims account or accounts demand or demands of any legatee as aforesaid so adjudged
as aforesaid shall exceed the legacy so given bequeathed to such claimant legate I do then
in that event hereby declare order and direct that such legacy so given and bequeathed to
such claimant null and void.
Seventeenth I do hereby appoint my friend Nickolas Cook sole executor of this my last
will and testament hereby revoking all former wills by me made. In Witness whereof I
have hereunto set my hand and seal in the first day of January in the year of our Lord one
thousand and Eight hundred and Seventy One.
John R Whitbeck (his mark)