Deed & Wills
[Transcribed from SAMPUBCO COPY
by Bruce and Meredith Smith, 29 November 2005]
Will Book, German Camp Vol. A, age 37.
Registered the thirteenth day of June in the year of our Lord One Thousand Seven Hundred & Eighty Eight.
In the name of God Amen. The eighth day of April, in the year of our Lord One Thousand Seven Hundred and Eighty Eight, I Philip Salbach of the District of the German Camp County of Columbia and State of New York farmer being very sick and weak in body, but of perfect mind and memory, Thanks be to unto God for the same: and calling to mind the mortality of my body, and knowing that it is appointed for all men once to die, do make and ordain this my last will and testament: that is to say, principally and first of all, I give and recommend my soul into the hands of God that gave it, and as concerning my body, I recommend it the earth to be buried in a decent manner at the discretion of my Executors, nothing doubting but at the general resurrection to obtain everlasting happiness in the life to come through the merits and mediation of my blessed redeemer Jeses Christ; and as touching such worldly estate wherewith it has pleased God to bless my in this life, I give, devise, & dispose of the same in manner and form following, that is to say, in the first place, it is my will that all my just debts and funeral charges shall be paid and satisfyed.
2ndly I give and bequeath unto my two sons named Philip Saalbach Jun & John Saalbach and to their heirs & assigns forever all my lands which I have situate lying and being in the German Camp aforesaid as my writings and titles for same as shall direct them, that is to say, unto Philip the one half of said lands and unto John the other half, as also unto each of them the one half of all my orchards, but with this proviso that my son Phillip shall have my house and the ground upon which it stands and also the barn and the ground upon which it stands, and moreover it is my will that my two sons John and Philip shall labor on the said land together and if they can agree with each other then my son John may live in the house with my son Philip, but if my son Philip does not choose to let my son John live in my house that then & in such case John must provide for himself a house to live, the iron back plate on the fireplace shall remain where it now stands as belonging to the house, as also the iron stove in the Stoveroom shall stand and remain where it is at present, it is my will that if in case my two sons above named Philip Saalbach and John Saalbach can agree with each other that then and in such case they shall both be subject to maintain my wife Elizabeth during her natural life in lodging, victuals drink & cloathing and in every necessary becoming a widow but in case they cannot agree that then my son Philip in addition (?) of his having my house and barn shall be subject to maintain my wife Elizabeth alone without the assistance of John in manner aforesaid. It is my will that my two sons aforesaid Philip and John shall pay or cause to be paid unto each of my children hereafter named the sum of thirty pounds of good and lawful money of New York, viz, unto my son Jacob Saulbach the sum of thirty pounds and unto my daughter Mary the sum of thirty pounds unto my daughter Christina the sum of thirty pounds and unto my daughter Catherine the sum of thirty pounds. And it is my will that my two grand children named James Cole and Elizabeth Cole shall each of them have the sum of fifteen pounds of good & lawful of New York and furthermore it is my will that the aforesaid legacies or sums of money payable in cash shall be paid unto the parties in the foregoing article mentioned at the expiration of five years after my decease. but the legacies for the two grand children shall be paid when they are of age. It is my will that my wife Elizabeth shall have my two best feather beds consisting of two bedsteads, two straw bed tickens two tickens with feathers two bolsters with feathers and six pillows with pillowcases, and two suits of curtains together with the sheets and blankets thereunto belonging, also all of the rest of my household furniture of what name or term soever after my decease and that she shall have liberty to dispose of the same as she thinks proper, my wife Elizabeth shall also have my brown Mare. It is my will that my two grand children named James Cole and Elizabeth Cole shall remain in my house untill they are of age and shall be maintained by my two sons above named Philip and John & that each of my two sons shall pay toward their maintenance proportionably. And it is my will that my daughter Catherine shall remain in my house as long as she remains unmarried. It is my will that my two sons named Philip and John shall pay unto my wife Elisabeth the sum of forty shillings per annum as long as she shall live that is to say Philip shall pay twenty shillings and John shall pay twenty shillings per annum as foresaid. It is my will that my son Jacob shall have for his birth right the sum of six shillings New York currency. It is my will that my daughter Elisabeth shall have yet one cow which cow if delivered to her before my decease then & in such case this article shall be void and of none effect after my decease. It is my will that my daughter Mary shall have two cows and two sheep & my daughter Catherine shall likewise have two cows and two sheep. It is also my will that my daughter Catherine shall have one callico gown and one silk gown, but if the said two gowns be given to her before my decease this article toming (sic) the gowns shall be void and of none effect after my decease. It is my will that my son John shall have two horses also the wagon plow & harrow with the iron teeth and also one sleigh & the harness.
It is my will that four of my hogs shall remain on my possession and shall not be divided but shall be for the use of the family. It is my will that my daughters named Elizabeth & Mary shall each have one hogg. It is my will that all the remainder of my Horses, Cows Calves, Sheep, Hogs, & Poultry, that shall remain besides what is above bequeathed shall be equally divided among my children as also all such farming utensils as shall remain besides what is already bequeathed.
It is my will that my son Philip shall have my half share of the fishing net & canoe I do hereby likewise constitute, make & ordain my son Philip Saulbach, John Cook & Baurent Shultis my executors of this my last will and testament who shall execute the same six weeks after my decease, ratifying & confirming, this and no other to be my last will & testament. In witness whereof I have hereunto set my hand and seal, the day and year first above written. Philip Saalpack /s/ X his mark, signed, sealed, published, pronounced & declared by the said Philip Saalbach as his last will and testament, in presence of us the subscribers, that is to say NB the crossing or blotting out of the terms this & on the second side & the interlineation on the said concerning the legacies of the grand children payable when they are of age being first affected previous to the executing of this instrument, John Kortz, Abrm J. Delamater, Peter Sharp.
Columbia CountyBe it, remembered, that on the twelfth day of June in the Year of Our Lord One Thousand Seven Hundred & Eighty Eight: personally came and appeared before me Killian K. Van Rensselaer Surrogate of the County of Columbia John Kortz Esquire of the district of German Camp in the said County and being duly sworn deposes & says that he saw Philip Saulpack sign & seal the within preceding (sic) instrument purporting to be the will of the said. Philip Salpack bearing date the eighth day of April in the year of our Lord One Thousand Seven Hundred & Eighty Eight & heard him publish & declare the same as and for his last will and testament that at the time thereof he the said Philip Saalpack was of sound disposing mind & memory to the best of the knowledge and belief of him the deponent and that Abrm Delamater, Peter Sharp & the deponent severally subscribed the same as witnesses thereto in the testators presence.
/s/ K. K. Van Rensselear
Columbia County, Be it also remembered that on the twelfth day of June in the Year of Our Lord One Thousand Seven Hundred & Eighty Eight; Philip Saulpach, John Cook & Baurent Shultis the executors of the within written will of Philip Saalpach likewise appeared before the said Killian K. Van Rensselear and were duly sworn to the true execution of and performance of the said will by severally taking the oath of an executor as by law appointed before me.
/s/ K. K. Van Rensselear
The people of the State of New York By the Grace of God, free and independent: to all to whom these presents shall come, or may concern, send greeting: know ye, that at Claverack in the County of Columbia in the state of aforesaid before me Killian K. Van Rensselear Esquire Surrogate of our said County the last will and testment of Philip Saalback 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 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 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 Philip Saalback, John Cook & Baurent Shultz executors in the said will named they being first duly sworn well and faithfully to administer the same, and to make an exhibit a true and perfect inventory, of all and singular the said goods, chattels & 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, Killian K. Van Rensselaer, Esquire, Surrogate of the said County, at Claverack the twelfth day of June in the Year of Our Lord One Thousand Seven Hundred & Eighty Eight and of our Independence the twelfth. The preceding are true copies of the original will of Philip Saalback with the proof, executors admission & letters of probate thereon ExdComd by /s/ K. K. Van Rensselaer