Will of Thomas Whitaker


Know ye, that at Cooperstown in the County of Otsego on the twenty fifth day
of  March in the year of our Lord one thousand eight hundred and eighteen,
before Ambrose L. Jordan, Esquire, Surrogate of our said County, the Last Will
and Testament of Thomas Whitaker, deceased (a copy whereof is hereunto
annexed) was proved, and is now approved and allowed of by us; and the said
deceased, having whilst he lived and at the time of his death, Goods,
Chattels, or Credits within this State, by means whereof the proving and
registering the said Will, and the granting administration of all and singular
the said Goods, Chattels, and Credits, and also the auditing, allowing and
final discharging the account thereof, doth belong unto us; the administration
of all and singular the Goods, Chattels, and Credits of the said deceased, and
any way concerning his Will, is granted unto John  R. Whitaker,  James
Whitaker, and James S. Campbell, Executors in the said Will named, they being
first duly sworn well and faithfully  to administer the same, and to make and
exhibit a true and perfect inventory of all and singular the said Goods,
Chattels and Credits, and also to render a just and true account thereof when
thereunto required.  In testimony whereof, we have caused the seal of office
of our said Surrogate to be hereunto affixed.  Witness Ambrose L. Jordan,
Esquire, Surrogate of the said County, at Cooperstown aforesaid, the Twenty
Fifth day of March in the year of our Lord one thousand eight hundred and
Eighteen and of our Independence, the forty second.
(signed) A.L. Jordan, surrogate

The last will and testament of Thomas Whitaker of the Town of Cherry Valley
and County of Otsego.  
     I Thomas Whitaker considering the uncertainty of the mortal life and
being sound mind and memory / blessed be the Almighty God for the same do make
and publish this my last will and testament in manner following that is to say
  
First I give and bequeath to my beloved wife Sarah Whitaker all of my Real 
Estate and also all of my personal estate for her sole use benefit and behoof 
during her natural life both real and personal estate the said Sarah is to be 
absolute master of during her life such is my intention, she may dispose by 
selling or otherwise of my personal estate as the said Sarah sees fit or 
convenient, but of the real estate the said Sarah is only to have the use
during her natural life and not the right to sell or ________ the same, 

second Item I give and bequeath unto my son John Rely Whitaker after the
decease of my wife Sarah all of that certain piece or parcel of land situate
in the town of Cherry Valley, in the county of Otsego, bounded as follows,
being a part of allotment No. thirty seven in the old patent of Randolf Cary
Levingston (?) and others, the said land which I mean to give unto my son John
R. as ________ is that portion of the said lot of which he is now in
possession and occupying except three acres of what he now possesses to be
taken off of the south part, the corner of the said three acres so excepted is
to commerce on what is called Flints line between the said Flints and that of
which my son John R. is now possessed of beginning at the old orchard brush
fence running twenty paces down north on the division fence between me and the 
beforementioned Flints then to make a square corner and run a due east course 
for the distance of forty paces bounded on the other side of the said piece so 
excepted by a division fence which now runs between the lands occupied between 
my son John R. and my son James and if this boundary does not contain three 
acres then the said line beforementioned as running due east shall be so
varied to the north as to make the three acres   And my said John R. is to pay
the sum of seven hundred dollars unto my daughter Catharine Rich in the manner
following that is to pay one hundred dollars shall be paid by my son John R.
in one year from the date of this will and testament fifty dollars shall be
paid by the said John R. annually thereafter without interest until the whole
of the said sum of seven hundred dollars shall be paid unto my said daughter
Catharine Rich and for the payment of the beforementioned sum of seven hundred
dollars I hereby make the said seven hundred dollars a charge and encumbrance
on the said Real Estate which I have given unto my son John R. and which said
land before given to the said John R. shall never be discharged from this
legacy until the said legacy shall be paid up in the manner beforementioned.
--  

Item I give unto my daughter Catharine Rich that portion of the
beforementioned to No. thirty seven situate as aforesaid hundred as follows
beginning at the north corner of my orchard on Flints line I mean 20 wds north
of the bush fence here to make a square corner and then run an easterly course
forty wds and there make a square corner again from thence a parallel line is
to be drawn to Flints line and said parallel line is to run to the top of
Lady's Hill and the said parallel line if it does not now include fifty acres
between the line of Flint and my lands the said line shall extend upon my land
until the full and complete number of fifty acres is made up to my said
daughter Catharine Rich the apples in the orchard hereby given to my daughter
Catharine are to be divided every year equally between my three children to
with John R., James and Catharine.  This is my meaning and intention as it
regards the lands given to my daughter Catharine she is to have the said lands
after the decease of my wife Sarah to hold and forever enjoy the said land to
herself and the heirs of her body forever with this_________  _________ that
the executors whom I shall appoint by this will (Page Three) shall have the
right to manage and               the Real Estate to have                      
       is 
(next line) same for (rent?) either to her or any other persons always paying 
the profits of the said Real Estate into the hands of my said daughter
Catharine until the death of her Husband Royal Rich, after which she is to  be
(have) the exclusive management of the said Estate   

Item I give and bequeath as to my son James all of the rest of my real estate
after the decease of my wife Sarah to my son James and the heirs of his body
hereby meaning which I have not        out and already given to my daughter
Catharine and my son John R. provided that my son James shall die without any
children then, then the said Real Estate which I have given in the manner
aforesaid shall revert unto my son John R. and Catharine my daughter and the
heirs of their bodies --- I hereby ordain and appoint that my son James shall
pay unto my daughter Catharine Rich the sun of three hundred dollars, fifty
dollars of the said three hundred to be paid by my son James one year from the
date of this last Will and Testament and fifty dollars annually thereafter
until the whole sum shall be paid without interest and I hereby charge this
sum of three hundred dollars on the real estate which I have given to my son
James, from which said encumbrance the said Real Estate hereby given shall
never be exonerated or discharged until the last mentioned legacy shall be
fully paid --- 

Item the two liveries which I have ordered to be paid by my son John R. and
James to my daughter Catharine Rich, provided my daughter Catharine should die
before the said legacies become payable to her by this Will or provided she
should die any time before all of the installment in the said legacies
mentioned become due then in either of those cases my Will is that said
legacies on so much of them are unpaid shall be given and paid by my said
beforementioned sons to the heirs of the body of my daughter Catharine --- 

Item I hereby order that this as it legacies my Real Estate shall be
considered a part of my Will to will my three children John R. James and
Catharine shall have a right in common to cut and make use of so much wood
upon the beforementioned lot number thirty seven as shall be necessary for the
first of their respective families such wood always to be old timber and such
as may be any way defective or have fallen down and they shall have a right in
common to cut so much timber as shall be necessary for their repairs of their
respective houses and houses or barns or for the building of same they shall
have three interests and rights onto the said premises for the beforementioned
but under no right or pretense shall they have a right to (coast?) or sell any
of said timber or wood              ing their natural lives   

Lastly I hereby appoint my sons John R. and James and James L. Campbell the
executors 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 on this
twenty fifth day of October, one thousand eight hundred and seventeen.
  
Thomas Whitaker   L.L. signed sealed published and declared by the above named 
Thomas Whitaker be his last Will and Testament in the presence of us who have 
herewith subscribed as witnesses in the presence of the Testator (Elisha 
Richardson   John Woulton    (another name)

  State of New York, Otsego County, ss  Be it remembered, that on the twenty 
fifth day of March --- in the year of our Lord One thousand eight hundred 
eighteen personally appeared before me, Ambrose L. Jordan, Esquire, Surrogate
of the said County of Otsego, John Walton of the subscribing witnesses to the
Will of Thomas Whitaker, late of the town of Cherry Valley in the said County, 
deceased; who being duly sworn declared, that he did see the said Thomas 
Whitaker seal and execute the written Instrument, (of which the annexed is a 
copy), purporting to be the last Will and Testament of the said Thomas
Whitaker, the said Will bearing date the twenty fifth of October in the year
of our Lord one thousand eight hundred and seventeen and heard him publish and
declare the same as, and for, his last Will and Testament; that at the time
thereof, he the said Thomas Whitaker was of sound disposing mind and memory,
to the best of the knowledge and belief of the said John Walton who together
with Alvan Stewart and Elishu Rickerson, the Witnesses to the said Will,
severally subscribed their hand and name to said Will, as Witnesses thereto,
in the presence Testat and of each other.  A.L. Jordan, Surrogate, Otsego
County, ss.

And be it also remembered that on the twenty fifth day of March, in the year
of our Lord one thousand eight hundred and eighteen, John R. Whitaker, James
Whitaker, and James L. Campbell, Executors named in the Last Will and
Testament of the said Thomas Whitaker late of the town of Cherry Valley in
said county, deceased, likewise appeared before me the said Surrogate, and
were duly qualified to the true execution and performance of the said Will, by
then taking the Oath of Executor, as by law appointed.

(signed)  A.L. Jordan, Surrogate -----  March 28, 1818