Person:Samuel Peters (10)

Will of Samuel Peters

14 Mar 1826

"In the name of God, Amen, I Samuel Peters of the town of Halfmoon in the County of Saratoga, being weak in body, but of a sound disposing mind and (illeg probably memory), thanks be given 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 and as (illeg, probably touching) such worldly estate wherewith it hath pleased God to bless me in this life, I do give and dispose of the same in the following manner and form, viz:

I do will and order that after my decease, all my just debts and funeral charges be paid as herein after provided by my executors herein after named. First, I do give and bequeath unto my wife Mary Peters the use and occupance of my personal estate for and during her natural life, under the arrangements and provisions hereafter made, that is to say, after my decease, I do will and order that my son Isaac L. Peters with my younger son Thomas M. Peters together with my wife Mary Peters work the farm whereon I now live and all and singular the produce and profits of said farm be considered common stock and to be sold or managed to the best advantage for the purpose of extinguishing the debts charged against my estate except such part and portion of the same as may be necessary for the support and maintenance of the said Isaac, Thomas, Mary and family. And I do further will and order that after my decease my executors hereinafter named by and with the advice of my son Isaac, lease out my farm whereon the said Isaac now lives to the best advantage and that the rend (illeg.) and every year be appropriated together with the profits and (illeg.) of the farm on which I now live be applied to the discharge of my debts as aforesaid, but providing the produce & incomes of my farm with the yearly rent of the farm hereby directed to be hired out as aforesaid should prove insufficient to discharge the debts, at or within the time limited for the payment thereof, then and in such case, I do will, fully authorise and empower my executors hereinafter named to sell a piece of land from and off each farm; one piece to be of the equal value of the other, as may be sufficient to pay and discharge the residue of such debts as may be chargable against my estate, hereby authorizing them to execute and give a good and sufficient title in law for the same.

And I do further will and order that (illeg) my son in law David Barckley, the now husband of my daughter, Jerusha, shall well and truly pay up the sums that may be found due to Samuel and Jane, the son and daughter of my daughter Jerusha had by her first husband, Thomas Ladow, as heirs to the Estate of the said Thomas, then on his, the said David Barckley, producing a sufficient receipt for the payment thereof, that then in such case, I do hereby direct and order my executors to give up a bond and mortgage I now hold against the said David Barckley for punctual performance and payment of the said heirs. And whereas I now hold a deed for the farm whereon my son in law Elias Vussler now lives as security for the payment of five hundred dollars, now therefore I do hereby will and order that providing the said Elias shall well and truly (illeg.) to my Executors hereinafter named the sum of three hundred dollars (illeg.) that at or within five years from the dates hereof, then and in such (illeg.) I do hereby direct my executors to release the said Elias Vussler (from) all right, title, interest, claim and demands whatsoever either in law or (illeg.) by a sufficient quit claim deed to every part of the premises (illeg.) the remaining monies as due from the said Elias to my estate, I give and bequeath the same to my daughter Sally, wife of the said Elias Vussler. And I do further will and order that the three hundred dollars to be paid by the said Elias to my executors that they pay the same (illeg.) to my daughter Parmelia, wife of Martin Wilbur, as part of her legacy out of my estate. And I do further after the payment of my debts above mentioned give and bequeath unto my son Isaac L. Peters the farm or lot of land on which he now lives, behing the farm I lately purchased from (illeg.) Williams and Benajah Arnold and every part and parcel thereof with the appurtences and privileges thereunto belonging or in anywise appurtaining to him the said Isaac L. Peters and to his heirs and assigns forever. And on the payment of the debts as aforesaid, I do give and bequeath unto my son Thomas M. Peters, the farm or lot of land on which I now live and every part or parcel thereof to him the said Thomas M. Peters, his heirs and assigns forever, the said Thomas paying unto my daughter Parmelia, wife of the said Martin Wilbur, the balance due her as a legacy after reciving the three hundred dollars aforesaid as I do give and bequeath unto my daughters Parmelia and Margaret the sum of six hundred dollars each as a legacy out of my estate. And after the payment of by debts as aforesaid. And I do give and bequeath unto my wife Mary the full use & occupance of all and singular my household furniture of every desciption for and during her natural life and I do further will and order that my son Thomas M. Peters pay out of the property hereby bequeathed unto him the legacies as due to my daughters Parmelia and Margaret and that within five years after the payment of my debts as aforesaid without interest and after the decease of my wife Mary. And I do give and bequeath unto my daughters Parmelia, Jerusha, and Margaret the whole of my household furniture of every description to be equally divided between them. And I do further give and bequeath unto my eldest daughter Jerusha, the sum of fifty dollars in addition to what I have heretofore given her, to be paid after my debts and all the legacies are fully paid, to be paid then by my son Thomas aftersaid. And I do further will and order that my wife aforesaid have the privilege of living in the house and on the farm with my son Thomas aforesaid for and during her natural life and that she be provided with all necessary clothing, with suitable goods and provisions of every description so as to render her life comfortable and easy during her natural life as aforesaid and that these provisions be made by my son Thomas aforesaid and whereas I now hold a bond against my son in law Abraham Morse of between two and three hundred dollars which bond after my decease I do hereby direct and order my executors to give up to the said Abraham without payment of principle or interest. And I do give and bequeath the same to my daughter Betsey, wife of the said Abraham, and I do further order that after my son Isaac shall remove on the farm where I now life, if it should happen that there should be more stock than would be necessary for the profitable management with farming (illeg) that would not be wanting then and in such case, I do hereby direct my executors by and with the advice of my son Isaac to sell to the best advantage they can the articles and stock that is not wanted, and the monies arising from the sale of the same to be appropriated for the payment of my debts as aforesaid. And I do further will and order that in case my son Thomas M. Peters should die without being married or having any lawful heirs then, and in such case I do will and order that my son Isaac L. Peters have the farm wherein I now live instead of the one hereby bequeathed unto him, and also in such case I do will and order that the farm hereby given unto him shall be sold by my executors to the best advantage and out of the monies arising from such sale, my executors is directed to pay such legacies as may be then due to any of my said heirs from my said son Thomas and the residue to be equally divided between my son Isaac and my several daughters, providing nevertheless should my said son Thomas live to be thirty years of age without being married or having heirs aforesaid, then if in such case he has full liberty to dispose of the property hereby bequeathed as he shall see fit, and I do further will and order that my son Isaac live and (illeg.) the farm on which I now live until my son Thomas shall arrive to the age of twenty one years and during such time all the property that shall be made in common between them of both premises hereby bequeathed unto them will be equally divided between them when Thomas shall be twenty one years of age. After the payment of my debts as aforesaid providing however before such division shall take place I do will and order that my son Isaac (have) a waggon, sled and harness as good as he shall bring on the premises of their common personal property, the remainder to be equally divided between them. Hereby authorizing and appointing my wife Mary Executrix and Isaac Hicks and William Arnold executors of this my last will and testament, hereby revoking all others and ratifying and confirming this testimony of which I have hereunto set my hand and seal this fourteenth day of March in the year of our Lord, One thousand Eight hundred and twenty six, the testator in our presence and we in the presence of each other have hereto subscribed our names.

Samuel Peters, L.S.