WILL: John Moyer; Danube, Herkimer co., NY surname: Moyer, Countryman, Walrath, Bauder, Dillenbaugh, Ford, Trask, Dingman submitted by Nan Starjak (naela @ earthlink.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: May 15, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 10.4 Kb ************************************************ Source: Sampubco Photocopy Written: April 18 1834 Recorded: July 31 1843 Herkimer Co. Will book G., pp. 264-270 In the name of God, amen. I, John Moyer of the town of Danube, County of Herkimer, being weak in Body, considering the uncertainty of this mortal life, and being of sound and perfect mind and memory, blessed be God for the same, do make and publish this my last will & testament in manner and form as following First. I give, devise, and bequeath to my sons John Moyer and Chauncy Spalding Moyer the farm and land on which I now live, lying and being in the town of Danube, Herkimer County, containing eighty-one and three-fourths acres off the east side of lot No. 13 in a patent granted to Jacob Lansing and others; together with the appurtenances thereunto belonging, to hold to them, their heirs and assigns forever. I also do give to them, the said John & Chauncy Spalding, my horses waggons together with all and every of my farming utensils belonging to the said farm. And I do further order and direct that in case one of my sons, John or Chauncy Spalding, should by death or in any manner become disabled to receive the same before coming to the age of twenty-one years, that the surviving one shall receive the same that is the share given to he other. I do also give and bequeath to my daughters Betsy Lorina Moyer, Caty Margaret Moyer, Nancy Moyer & Samantha Moyer all my household furniture to each of them equal, and one cow to each of them, and to each of them thirty dollars to be paid & given to them when arriving at the age of eighteen years, by the said John & Chauncy Spalding out of {illegible} the said estate. And I do also order and direct that in case of the death of one or more of my daughters, their inheritance or share or shares shall then e given to the survivor or survivors equally. I do also further order and give to m father-in-law John J.{?} Countryman my land lying & being in the town of Danube, county aforesaid, and in a patent granted to Jacob Lansing and others, being part of Lot No. eighteen in said patent; the southwesterly part of said lot butted and bounded as follows: beginning at a stake at the southwesterly corner of a certain eight-acre lot belonging to Adolph N. Walrath out of said lot No. 18 on the line between lots 17 & 18; from there north eleven degrees etc. as is described in a deed executed by George Moyer, Jacob Moyer, Daniel Bauder & Adolph N. Walrath and their wives to John Moyer, bearing date June 7th, 1828; which said lands he is to sell and for the amount or sum it will bring to him, he is to pay my lawful debts and if any surplus remains, he is to pay it to my executrix. I do also give, devise & bequeath to my father-in-law John J. Countryman my half of the farm lately purchased by him and myself of Jacob Dillenbaugh of the town & county aforesaid, who will hereby become obligated for the same in my stead, and who is to pay the value of half of the improvement made or done to said farm since the purchase thereof to my executrix. And lastly, as to all the residue and remainder of my personal estate, goods and chattel of what kind and nature soever, I give and bequeath the same to my beloved wife Mariah Moyer, whom I hereby appoint sole executrix of this my last will & testament. In witness whereof I have hereunto set my hand & seal the eighteenth day of April in the year of our Lord one thousand eight hundred and thirty-four. John Moyer { LL} Signed, sealed, published and declared by the above-named John Moyer to be his last will and testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator. Daniel N. Moyer George Moyer Albert Walrath Herkimer County Surrogate's Office, ss: To all to whom these presents shall come or may concern, Greetings. Know ye that I, Laurin Ford, Surrogate of the county of Herkimer, pursuant to the power in me vested by the laws of this state, have this day appointed and do hereby appoint Wyman Trask of the town of Little Falls, Special Guardian to Betsy Lorina Dingman, Chauncy Spalding Moyer, Caty Margaret Moyer, Nancy Moyer & Samantha Moyer, minor heirs of John Moyer deceased, under the age of twenty-one years, for the special purpose of taking care of their interests in the matter of the proving of the will of said John Moyer; the said Wyman Trask having first consented & agreed in writing to be appointed and to act as such special Guardian. {LS} In witness whereof I have hereunto set my hand and affixed my seal of office this 5th day of July in the year of our Lord one thousand eight hundred and forty-three. Laurin Ford Surrogate In the matter of the last will and testament of John Moyer, deceased, as a will of real & personal property. Herkimer County Surrogate's Office ss: John Moyer of the town of Danube in the County of Herkimer, being duly sworn and examined, doth depose and testify that the instrument in writing in the hands of the Surrogate of the said county, purporting to be the last will and testament of John Moyer, deceased, was found amongst the papers of said deceased at his late dwelling house in the town of Danube after the decease of said John, and has been kept by the family of said deceased until it was delivered by this deponent to the Surrogate of Herkimer County; that this deponent s a son of said deceased; and this deponent verily believes the said instrument to be the identical last will and testament of the said John Moyer, deceased, and that the same hath been in no respect altered or changed since it was executed and published by the testator, or since it was delivered to this deponent -- John Moyer. Sworn, examined & subscribed this 31st day of July 1843, before Mr. Laurin Ford, Surrogate. In the matter of the last will and testament of John Moyer deceased, as a will of real and personal property -- Herkimer County , SS: Daniel N. Moyer, of the town of Herkimer in the County of Herkimer, being duly sworn and examined, doth depose and testify that he was acquainted with John Moyer (now deceased) in his life time, that this deponent saw the said John Moyer subscribe the instrument now shown to the deponent purporting to be the last will & testament of the said John Moyer, bearing date the Eighteenth day of April in the year Eighteen hundred & thirty four, and that the said John Moyer at the same time declared the said instrument to be his last will & testament; and that this deponent together with George Moyer & Albert Walrath, the other subscribing witnesses to said will, subscribed his name as witness at the request of the said deceased; and that the said will was executed by the deceased in the presence of all of said witnesses and was attested by all of said witnesses at the time it was executed, and in the presence of the testator & of each other; and at the time the same was executed, the deceased was of full lawful age & of sound mind & memory, and not under restraint to the best of the deponent's knowledge & belief. Daniel N. Moyer, sworn, examined, & subscribed this 31st day of July, 1843 before me, Laurin Ford, Surrogate. In the matter of the last will and testament of John Moyer deceased, as a will of real and personal property -- Herkimer County , SS: Albert Walrath of the town of Herkimer in the County of Herkimer, being duly sworn and examined, doth depose and testify that he was acquainted with John Moyer (now deceased) in his life time, that this deponent saw the said John Moyer subscribe the instrument now shown to the deponent purporting to be the last will & testament of the said John Moyer, bearing date the Eighteenth day of April in the year Eighteen hundred & thirty four, and that the said John Moyer at the same time declared the said instrument to be his last will & testament; and that this deponent together with Daniel N. Moyer & George Moyer the other subscribing witnesses to said will, subscribed his name as witness at the request of the said deceased; and that the said will was executed by the deceased in the presence of all of said witnesses and was attested by all of said witnesses at the time it was executed, and in the presence of the testator & of each other; and at the time the same was executed, the deceased was of full lawful age & of sound mind & memory, and not under restraint to the best of the deponent's knowledge & belief. Albert Walrath, sworn, examined & subscribed this 31st day of July 1843 before me, Laurin Ford, Surrogate. State of New York Herkimer County Surrogate's Office, ss: Be it remembered that on the 31st day of July, eighteen hundred and forty-three, the written last will and testament of John Moyer, deceased, was admitted to probate & was duly proved as a will of personal property, and probate thereof was therefore granted; and at the same time said will was duly proved as a will of real property, upon & by the testimony of Daniel N. Moyer and Albert Walrath, two of the subscribing witnesses thereto; that upon such testimony taken on oath it appears that the said will was duly executed by the testator according to law. That he testator at the time of executing the same was in all respects competent to devise real estate, & not under any restraint. The said will & the said proofs & examinations so as aforesaid taken have been duly recorded in the proper book for that purpose provided & kept in the office of the Surrogate of Herkimer County [L.F.] In witness whereof I have hereto subscribed my name and affixed the seal of my office at Little Falls, this 31st day of July A.D. 1843. Laurin Ford, Surrogate Herkimer County Surrogate's Office, SS. I hereby certify the foregoing to be a true record of the original will of John Moyer, deceased, and of the proofs thereof. Dated July 31, 1843. Laurin Ford, Surrogate