Will of Joseph Rogers, 16 March 1798


Copy of Will for ROGERS, JOSEPH
Stephentown, County of Rensselaer, New York
Volume Number 1B-268
Source: Transcribed from SAMPUBCO copy

A Copy of the Last Will & Testament of Joseph Rogers, Deceased

Rensselaer, December 18th, 1800

In the name of God Amen. I, Joseph Rogers of Stephentown in the County of Rensselaer and State of New York, being through the goodness of God in Health of body and a disposition or disposing mind, and many thanks be to God, therefore Do Make and Ordain This My Last Will & Testament, that is to say first of all, I give and remand my Soul to God that gave it and my body commend to the earth after my Death, to be buried in a Christian-like decent burial at the discretion of my beloved son, Joseph, nothing doubting that at the General Resurrection, I will be raised again. And so it hath pleased God to bless me with some things of worldly substance, I give & dispose of it in the following manner.

I give and bequeath to my beloved wife, Anna Rogers, all the particular articles set forth in a particular writing or obligation signed to my beloved son Joseph by said beloved wife (viz) the east room of my now dwelling house to have the same for her own use. Also, a privilege in the kitchen and buttery chamber, garret or cellar what she may need for her own use. Also, a privilege in the orchard for apples to use in the house, and my Executor shall male Five Barrels of Cyder Yearly when the orchard shall bear fruit sufficient and deliver the same to my beloved wife, as long as she shall remain my widow for her own use; also two good Cows, one of them to be kept on the farm both winter and summer during her natural life without charge to her; the other at her own disposal. Also, a privilege to get her five wood pone hog to run in the pasture without charge to her and also a garden spot by the house to raise __(?) and one acre of planting land where it will best suit the owner for her to plow & plant. Also, in addition to the above prescribed articles, I give to my beloved wife, Anna Rogers, five good sheep, one good Hog to kill, three geese and six dung bill fowl to be her own property with the increase but not to keep more than three geese and five fowls over or through any winter nor more than five sheep, and also, one third part of the household goods and furniture that shall or have been added by her inventory together with all the household furniture that she did or hath brought to me and to be sure to have one bed and furniture if there should not be two more remaining, and also, one set of curtains which are of her own make, all which shall be at her own disposal. The above mentioned two cows, five sheep and hog to be taken out of the block before any division, at her own choice; also I give her the use of my best side saddle while she shall remain my widow and after that I give and bequeath the said saddle to my beloved Grand Daughter Electa Stillwell and if she should not survive or outlive my beloved wife, then the said side saddle to be given to Sarah Rogers Stilwell. (I would have it understood the above mentioned writing, signed to my beloved son Joseph sets forth that my beloved wife was to have one quarter, but it is my intention that she shall have one third of the mentioned articles.) Item. Also, I give and bequeath to my beloved son Joseph Rogers whom I now appoint my lawful Executor to this my last Will & Testament, all my home lot lying and being in Stephentown, not heretofore given away by Deed, with all the privileges of sustenance thereunto belonging (except above exceptions) and also I give unto my said son Joseph, my best Bible and all my wearing apparel, (except my best hat), with my best saddle & bridle, with all my farming utensils.
Item. I give & bequeath to my beloved daughters Thankful Benn, Joanna Brown, Mehetable Sweet and the children of my daughter Sarah Stilwell deceased, Margaret Greenfield and Martha Brown, all my household goods and furniture except what is before given away, to be equally divided into five parts, and one fifth part to be equally divided amongst the children of Sarah Stilwell. And also my will is that if need be to pay my debts that the lot of land in Stephentown called by the name of Dye Lott should be sold for that purpose and if not needed to pay my debts, then to be equally divided amongst all my children with the other Lott that I last purchased, that is to say Ministerial Lott, my son Joseph to have an equal part with his five sisters and the heirs of Sarah Stillwell as above named. And also my will is that funeral charges and just debts to be paid out of the money that is due or may become by notice otherwise and personal estate such as Chattels or moveable flock, and if anything should remain after my just debts and funeral charges shall be paid, my will is that it should be equally divided amongst my five daughters and the heirs of my daughter Sarah deceased, her children to have one equal share with one of my other daughters, this being all before mentioned.
Item. I give and bequeath my best Hat to my beloved Grandson James Rogers, also I give and bequeath to the heirs of my daughter Sarah Stilwell, deceased, as above mentioned, to each of them as they shall become of age after my decease, six pounds, thirteen shillings and four pence, which my said executor is directed to pay to them with the lawful interest after my decease out of money or stock that shall be left with him.
And I do hereby utterly disallow, revoke and cancel all and any other former testament, wills, legacies, bequests and executor by me or any before named will and bequeathed Authifying 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 sixteenth day of March in the year of our Lord and Savior one thousand seven hundred ninety eight. And in the twenty second year of American Independence.

Signed, Sealed published and delivered by the above named Joseph Rogers his last will and testament in the presence of
(s) John Cook (signed) Joseph Rogers (L.S.)
(s) Archeclaus Lynes
(s) Jonathan Niles
Above copy of the original will
(s) John Woodworth, Surrogate

Rensselaer County. Be it remembered that on the Seventeenth day of December in the Year of Our Lord One Thousand Eight Hundred, personally appeared before me John Woodworth, Esquire, Surrogate of the said county, Jonathan Niles, who being sworn on his oath declared that he did see Joseph Rogers, late of the County of Rensselaer, deceased, sign and seal the annexed written instrument and heard him deliver it for the use therein mentioned. That, at the time thereof, he, the said Joseph Rogers, was of sound disposing mind and manner to the best of the knowledge and belief of him, the deponent, that his name subscribed thereto is of his own proper hand and name and that he together with John Cook and Archeclaus Lynes did subscribe their names hereto as witnesses in the presence of the Testator. And in the same day Joseph Rogers, Executor in the said Will named, personally appeared before me and was duly sworn to the faithful performance of said execution thereof by taking the usual oath as Executor. Dated this Eighteenth day of December, One Thousand Eight Hundred and the twenty fifth year of our Independence.
(s) John Woodworth, Surrogate