Last
Will and Testment of Jacob J. Casler
LAST WILL
AND TESTAMENT JACOB J. CASLER
FEBRUARY 1, 1823
(Book of Will
D, #81, Surrogates Court, Herkimer County)
Kindly photocopied by Kathy Huxtable
Transcribed by Denise Wellenstein April 2001
State of New York Herkimer County Ð to wit:-- And be it also remembered
that on the first day of February in the year of our Lord one thousand
eight hundred and twenty three before me Nathaniel S. Benton Surrogate
in and for the County aforesaid was presented by Frederick Casler
the original Last Will and Testament of Jacob J. Casler __ased for
the proof and registry thereof which said Last Will and Testament
is in the words and figures following, that is to say:--
In the name of God, Amen-I Jacob J. Casler of the town of German
Flatts and County of Herkimer, being of sound mind and memory blessed
be almighty God for the same- do make and publish this my Last Will
and Testament this 31st day of March 1821(?)
First, I do give, devise and bequeath unto my beloved wife Elizabeth
the sole use and control of the farm on which I now live for her
support of my granddaughter Elizabeth so long as my said wife shall
live and remain my widow in line of for all claims or right of dower
or thirds in any other part of my estate. And I do also give and
bequeath unto my beloved wife all my cattle, sheep, one table and
my chairs and the iron stove, also my two best beds straw and feather
bedding and bedsteads all bedclothes to the same bedding or used
witt__same- but if my beloved with our beloved granddaughter living
with his shall choose and freely elect to live elsewhere than on
this far then I give he use thereof during such absence to my son
Frederick upon condition that he shall and do promptly furnish and
supply her our said grandchild with a suitable and proper support
and subsistence in all respects in sickness and in health for such
persons so long as my said wife shall live an until our said granddaughter
shall get married or sixteen years of age and if my wife dies the
granddaughter is only to have a living or support till either of
those periods out of the farm
Second-I do give devise and bequeath unto
my beloved son Frederick and to his heirs and assigns forever all
the farm, land and premises where I now live, the land I had of
my father, also my right to lot number thirteen of VaughnÕs Patent,
to have and to hold to him his heirs and assigns forever upon condition
and not otherwise that he or his heirs or representatives shall
faithfully and justly pay, do and perform all and every matter legacy
and bequest of him required in this my will and testament. ___ that
he or his heirs shall within one year after my decease by a good
conveyance in law grant and convey free and clear of in cumbrance
in fee? simple unto his brother Jacob and his heirs forever the
one undivided half part or __ity of all that certain one hundred
acres of land described in the deed thereof executed by Jeremiah
Ambler and wife to my said sons Frederick and Jacob dated the first
day of April one thousand eight hundred and fifteen. And if my son
Frederick shall not convey the same then I give and bequeath unto
my beloved son Jacob that on half of the aforesaid several pieces
of land and premises on which I live to hold to him his heirs and
assigns as tenant in common with his brother Frederick forever upon
condition that he or his heirs shall faithfully and justly pay do
and perform the one half of all and every matter, legacy and bequest
in this my will required of his brother Frederick, further that
he the said Frederick pay to my beloved daughter Elizabeth and Polly
the sum of fifty dollars each two years after the decease of my
beloved wife, and the sum of twenty five dollars to be paid by him
also to my said grandchild Elizabeth the daughter of my son Jacob
by his first wife at such time as my said wife shall direct or when
she shall be sixteen years old- and further that he the said Frederick
shall pay all my debts and funeral charges and shall within one
year after my decease pay and deliver unto my son Jacob one good
workhorse for a farmer not more than seven years old, who is sound
and good to work, and also eighteen good iron harrow teeth. The
bequest and ____n for the support for and maintenance of my said
grandchild Elisabeth shall cease when she shall get married or be
sixteen years of age.
Third- all my property and estate not particularly mentioned I give
devise and bequeath to my son Frederick and his heirs and assigns
forever he doing and performing whatsoever is in this my will of
him required except for my iron pots and kettles which I give to
my beloved wife.
Fourth- I give and bequeath to my son Frederick and my daughter
Elizabeth the pew down on the lower floor of our church in German
Flatts, and to my son Jacob and my daughter Polly the pew down on
the gallery of said church, to have and to hold as aforesaid to
them theirs heirs and assigns forever as tenants in common-
Lastly I do hereby nominate, constitute my friends Gen. Christopher
P. Bellinger and George H. Feeter executors to this my last will
and testament in hopes and confidence they or one of them will see
the same fully executed, and revoke all former wills of mine.
Signed, sealed, published and declared by the testator Jacob J.
Casler to be his last will and testament in presence of us who signed
the same as witnesses in his presence and in presence of each other.
C.P. Bellinger
Rudolph Casler
George H. Feeter
State of New York Herkimer County Ð to wit:-
Be it also remembered, that on the said first day of February in
the year of our Lord one thousand eight hundred and twenty three
personally came and appeared before me Nathaniel S. Benton Esquire
Surrogate in and for the County of Herkimer, aforesaw, Christopher
P. Bellinger who being duly sworn upon his oath declared, that he
saw Jacob J. Casler devise sign and seal the annexed written instrument
purporting to be the Last Will and Testament of him the said Jacob
J. Casler deceased bearing dated the thirty first day of March in
the year of our LordÉ