Last Will & Testament of Samuel Harvey

Contributed by Richard J Harvey

 

In the name of God, Amen. I, Samuel Harvey, of Windham, County of Greene and the State of New York yeoman being very sick and weak in body but of a sound mind blessed be God, remembering the mortality of my body and knowing that it is appointed unto all 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 unto the hand of Almighty God that gave it and my body recommended to the earth to be buried in decent Christian burial at the discretion of my executors nothing doubting but at the general resurrection I shall receive the same again by the mighty power of God and as touching such worldly estate where with it hath pleased God to bless me in this life I give, decide and dispose of the same in the following manner and form

 

1st I give and bequeath to my dearly beloved wife one third part of a lot of land I now own lying in the town of Windham located by Elnathan Fitch containing eighty acres. Said land is bounded on Capt Peter Van Biden land on the north and east and on the Mr Daniel Huops on the south to be divided according to the quantity and quality to be by her improved, possessed and enjoyed during her natural life.

 

2nd I give and bequeath to my beloved loving children, Silas, Andrew, Huldah, Ira, Rebekah, Jeduthan, Manarva Mary, the other part of said lot of land before mentioned not bequeathed to be so divided unto them that the said Silas, Andrew, Ira, Jeduthan, Manarva shall have the value of twenty five dollars each more of said land than Huldah and Rebekah. Furthermore I give and bequeath to my loving daughters Huldah & Rebekah all my household furniture together with my two beds & bedding that belonged to their own Mamma, by them freely to be possessed and enjoyed.

 

3rd I give and bequeath to my loving brother-in-law John Dibbell a red heifer four years old next spring that I now own in compensation for the expense he has held to in providing and taking care of my loving daughter Huldah to herein freely to be possessed and enjoyed.

 

4th I order that my possession whereon I now live be sold to the best _____tage, together with my personal property and moveables not before mentioned or disposed of (expecting those things I received with or by Mary ___ now loving wife which to her belong of right to discharge my debts of funeral charges and in case there should be more money raised by the sale of the above mentioned property than to pay my debts, I order that it be disposed of in manner & form as follows: 1st, the one third part of said money I give to Mary my beloved wife and the other two thirds remaining to my seven children to be equally divided between them and to be by them peaceably enjoyed. Furthermore I nominate my loving brothers Obed Harvy and John Dibbell both of Freehold, County & State aforesaid, whom I constitute make & ordain the executors of this my last will and testament and I do hereby utterly ____ and dis_____ all & every other former testaments, wills, legacies & executors by me in any wise before named, willed of bequeathed notifying and confirming this and no other to be my last will and testament in witness whereof I have hereunto set my hand and seal this twentieth day of February in the year of our Lord one thousand eight hundred and four.

 

Samuel Harvey

 

Signed, sealed & declared by the said Samuel Harvey as his last will and testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names

Reuben Smith

Benajah Preston

Ephraim Champeiliu (?)

 

Greene SS: On the twenty ninth day of February in the year of our Lord one thousand eight hundred and four appeared before me Reuben Smith, Benajah Preston and Ephraim Champeleiu witnesses to the forgoing will who being duly re____ oath that they did see Samuel Harvey sign, seal, publish & declare the forgoing will to be his last will and testament and ____ that he was of sound mind & memory at the time of the execution thereof.

 

John Cuyler

Surrogate of the County of Greene