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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Created 7/26/02
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