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Data Files - Wills - Nicholas Decker, 1843

Last Will and Testament of Nicholas Decker, grandfather of the Robert Decker in the biography from the "History of Columbia County, New York",  pages 434-7.  This was copied the will from microfilm some 25 years ago in Salt Lake City.  Thanks to Betsy for sending me this information.  

Record of the Last Will and Testament of Nicholas Decker late of the town of Livingston in the county of Columbia deceased with several codicils thereto, as a will and codicil relating to both real and personal property and of the proofs and examinations relative thereto Recorded September 21st A.D. 1843 

In the name of God amen: I Nicholas Decker of the town of Livingston County of Columbia being weak of body but of sound and disposing mind memory and understanding for which I return my thanks to Almighty God, and considering the certainty of death and the uncertainty of life and being desirous of making a disposition of such worldly estate wherewith it has pleased God to bless me Do therefore make and publish this my last will and testament hereby revoking and annulling all other or former wills by me at any time heretofore made published or declared. 

In regard to my spiritual affairs I commend my soul into the hands of God who gave it relying upon the merits of my Savour for a glorious resurection after death and a blissful .....mortality beyond the grave, as to my body I desire that the same be buried in a decent and becoming manner. 

In regard to my worldly Estate. I direct first that all just debts and funeral expenses be paid out of my estate by my Executors hereinafter named, And whereas I have made certain advances to all my children, to some more than others, now I direct in order that each one shall share equal, that the following legacies be paid out of my estate. 

I give and bequeath unto my daughter Polly, the wife of Ousterhout Delamatter and to her heirs the sum of five hundred dollars I give and bequeath unto my daughter Lana, widow of Wendle Rote, the sum of one hundred and fifty dollars, this to make these two daughters equal to my other daughter, Charity, in advances that I have made for her. 

I give and devise unto my son Rufus and to his heirs forever all that part of my present homestead lying on the north of the turnpike and west of the road leading to Glenco and bounded on the west and north by Philip T. Ham and Jonas Coon containing fifty-seven and three quarters acres of land together with the old house so called situated thereon, in addition to this devise I give to my son Rufus one new lumber waggon, one new ..... sleigh, one sett of new double harness ... plough, one harrow, also ...plough and plough harness, two good team horses, one cow, one heiffor, one sheep, two hogs, one ox or in lieu thereof fifty dollars in cash and such other farming utensils as I gave to my other sons this is to make Rufus equal to my other sons in the advances that I have made to them. 

I give to my beloved wife Hannah the use and enjoyment of my real estate so long as she continues my widow and it is wish that my wife keep my son Rufus to live with her and to work all the land together in which case my said wife to have the control over the whole farm as well that lying on the north of the road devised to Rufus, as that on the south of said road, but in case she cannot agree to live with my son Rufus and prefers living alone then it is my will and pleasure that Rufus take possession of the lands hereinbefore devised to him and in such case the authority and control of my said wife over that part of my said farm to cease. 

I do further hereby declare that there may be no misunderstanding hereafter among my heirs that my son Rufus is now entitled to one equal half of all the stock now on my said farm and what I have hereinbefore given to him shall be taken from my share of the stock. Whereas I have now placed out upon interest for my grandson, Robert Rockerfeller, the sum of three hundred dollars now in addition to what is at interest I give and bequeath unto my said grandson the sum of three hundred dollars to be due and payable to him by my said executors upon his arriving at the age of twenty one years in case he shall continue to live with me until he shall arrive at the age of twenty one years and in case of my death then he to live with my wife. Should he quit before he arrives at full age then such loss of service to be deducted from said sum of three hundred at what his services would be worth. It is further my will and pleasure that my wife be furnished with a kind and gentle horse and a single pleasure waggon and harness and that she keep the same for her sole use and enjoyment. After the payment of all my just debts funeral expenses and the payment of the legacies above bequeathed by me all the rest residue and remainder of my estate real and personal be divided equally among all my children John, Jacob, Peter, Harry, Walter & Rufus, Polly, Lana & Charity share and share alike and in case of the death of any of my said children then and in such case their heirs to take the share of such deceased parent such is my will and pleasure. 

Lastly I do hereby nominate constitute and appoint my sons John and Walter my Executors and my wife Hannah Executrix of this my will. Whereas my son Rufus has no barn nor .... .... upon his premises herein divised to him I do hereby order and direct and such is my will and pleasure that my son Rufus my secure and thresh his grain in the barn on the south side of said road attached to my said homestead and may also have the privilege of making his cider at my cider .... But this privilege is to cease and determine should my said son sell his interest in said lands devised to him In witness where of I have hereto set my hand and seal this eighteenth day of January in the year of our Lord one thousand eight hundred and thirty eight. 

Signed sealed published and declared by the Testator to be his last will and testament in presence of Chas. Esselstyne of Livingston Columbia County Philip T. Ham 

Nicholas Decker his mark X 

Whereas I Nichols Decker of the town of Livingston am desirous of making alteration to this my last will and testament and being now of sound and disposing mind memory and understanding do therefore make and publish this as a codicil to my said last will and testament hereto annexed which I direct will form part and parcel of this my will In the first place I give the whole my estate real and personal to my beloved wife as long as she continues my widow to have use and enjoy the same and at her decease I give my homestead farm where I now reside to my son Rufus during his natural life and after his death then I give devise and bequeath the same to his children lawfully begotten share and share alike subject nevertheless to the payment of the following legacies hereinafter named which I charge upon said real estate. Secondly I give to my son Jacob the sum of seven hundred and fifty dollars. Also I give to my son Peter the sum of seven hundred and fifty dollars. Also I give to my daughter Polly the sum of two hundred dollars also I give to my daughter Lana the sum of one hundred and fifty dollars Also I give to my daughter Charity the sum of fifty dollars and to my son John the sum of fifty dollars which several sums I direct my son Rufus to pay within six years from the death myself and wife whichever shall die last without interest therein and in case either of my said children should die before the payment of said legacy so given by me then I direct such legacy to be paid to his or her child or children, that such deceased child shall leave share and share alike . And in regard to my bed and bedding I give all that I shall leave to my three daughter share and share alike and in regard to my personal estate whether money grain stock or farming utensils or any other personal estate I give the same to all my children except my son John share and share alike to Jacob, Peter, Henry, Walter, Rufus, Polly, Lana and Charity. And to the devise of certain stock and teams mentioned in my will to my son Rufus I direct that he have one new lumber waggon and the equal share in my personal property as stated above in lieu of what was contained in said devise to make him equal in an ..... with my other boys. I also give to my grandson Robert Rockefeller the sum of three hundred dollars to be paid to him by my son Rufus within six years after my death or the death of my wife who ever shall die first without interest and I charge this amount upon my said farm so devised to Rufus and his heirs as above stated. This is in lieu of the devise contained in my will heretofore made and hereto annexed and in case my said grandson shall continue to live with me or my wife until he shall arrive to the age of twenty one years I give to him a new lumber waggon and a new sett of double harness, this I direct shall be furnished to my said grandson unless I shall furnish the same to him during my life time. And whereas I have given to my said sons Henry and Walter the sum of fifteen hundred dollars for which I now hold their joint note, Now I give said sum to them share and share alike and direct that such note be given up and cancelled after my decease unless I shall choose to cancel the same during my life time this is to make them equal with my other sons Jacob and Peter. 

Finally I do hereby nominate constitute and appoint my wife Hannah Executrix and my son Walter Executor of this my codicil to my said last will and testament and to form apart thereof and I direct that instead of my son John I direct that my son Henry shall be co-executor with my son Walter in this my will and codicil. 

In witness whereof I have hereby set my hand and seal this 3rd day of June in the year of our Lord 1840. Signed published and declared by the Testator as his last will and testament and that codicil should form part of the same in presence of us who have signed as witnesses in presence of testator and at his request and in presence of each other. Chas. Esselstyne of Livingston Columbia County James Best of Livingston County of Columbia 

I Nicholas Decker in the County of Columbia have this day made this a second codicil to my last will and testament hereto annexed and I do hereby alter some of my former devices as follows. Instead of seven hundred and fifty dollars to be paid to my sons Jacob and Peter I give and devise to each of them the sum of six hundred dollars to be paid as directed in my said will and previous codicil by my son Rufus and instead of fifty dollars to be paid to my son John I give and devise to my son John two hundred and fifty dollars to be paid by my son Rufus as directed in my said codicil previously made and hereto annexed. The devise to my daughters to remain as they now are. The amount of fifteen hundred dollars devised to my sons Henry and Walter I have so arranged with them that there remains due to me the sum of twelve hundred dollars. This amount I give and devise to them , to each six hundred dollars for which I hold their notes. I direct that they be fully discharged from said debt and that this my devise to them be cancelled by their note to me or in other words I intend that the note of six hundred dollars that I hold against my son Henry shall be the amount of this my devise to him also in like manner the note I hold against my son Walter shall be the amount of this my devise to him and that upon a surrender of said notes by my said Executors said devises shall release my son Rufus from the said legacy devised to them my said sons Henry and Walter. And I also direct in regard to my son Peter or either of my children that whatever notes or demands I may have against such child or children that such demand shall be deducted from the legacy devised to such child or children. And lastly in regard to my son Rufus and my wife I direct that my wife keep with her upon said farm my son Rufus so long as she lives.and no other child to work said farm so devised to my said wife during her natural life. But my said wife shall be consulted in regard to the business and my said Executors shall see that all things are kept and managed in a proper manner by my said son Rufus so long as my said wife shall live so that there is no waste of property belonging to said estate. And lastly in regard to the legacy of three hundred dollars which I give to my grandson Robert Rockefeller I direct that the sum be two hundred and fifty dollars instead of three hundred to be paid to him as directed by me in my former codicil. I ratify and confirm by this my codicil the appointment of the same Executors and Executrix as stated in my former codicil. I do further direct that in as much as my son Rufus has some stock of his own and teams of his own that my wife if it be consistent with the opinion of my Executors and Executrix that she let my son Rufus work my said homestead farm either at a certain fixed rent or on shares during the life time of my said wife. But if such arrangement cannot be made then I direct that my son Rufus shall with his family be supported not of the avails of said farm during the life time of my said wife he my son Rufus to work said farm for my said wife during said time. 

In witness whereof I have hereto set my hand and seal this 27th day of May 1843. Signed Published and declared by the Testator as and for his last codicil attached to his last will and testament in presence of each of us who have subscribed our names s witnesses in presence of the said testator and at his request and in presence of each other Chas Esselstyne of Livingston in Columbia County Henry Rote of "

 


March 30, 2002