WILL OF WILLIAM McCULLOGH
1 Dec 1812
Proved 28 Dec 1827
Transcription
and abstract by Dorothy "Dot" Clark
Webpage by Cliff Lamere Aug-Sep 2000
SOURCE:
Albany Co., NY
Vol. 6, pages 341-343
Family History Library Film # 0,468,005
Original line length and spelling preserved.
The
Record of his Last Will & testament, Recorded, December 28, 1827~~~~~~~~~
of Bethlehem, in the county of Albany & State
of New York, considering the
uncertainty of this mortal life & being of
sound & perfect mind & memory (blessed
be almighty God for the same) do make and publish
this my last will
& testament in manner and form following.
First, I Give and bequeath unto my
beloved wife Elizabeth McCullogh, the half my
dwelling house which I
now occupy, the waggon & harnass, the stock
& household furniture, with one
half my Land property during her natural life sd.
property to be superin
=intend wrought & managed by our Son Charles,
as long as he & she can agree
together, allowing him a reasonable part of the
Produce & profits of Sd. farm
for the care attention and Industry which he may
exercise toward her, I
also give & bequeath unto my Eldest Son
Charles McCullogh his heirs &
assigns, the other half my Land property, namely
the whole half
of the farm which I now occupy lying and being in
the town county
& State aforesaid, to have and to hold for
ever from the time of my
decease. I
also give and bequeath unto him, my sd. Eldest Son Charles
McCullogh the other half of said Land property,
already given and
devised to my wife the sd. Elizabeth McCullogh
during her natural
life, with the appurtenances to him his heirs and
assigns forever, at from
and after my said wifes decease.
I also give and bequeath unto him my sd.
Son Charles McCullogh all my farming utensils,
except the waggon already
bequeathed to my wife, I also give and bequeath to
my said son Charles
my Negro slave Frank to be his Right &
property immediately after my
decease. My
said Son Charles McCullogh his heirs Executors & assigns, is in
consequence of the above devises and bequests
bound to pay unto the executors
of this my last will & testament herein after
to be appointed the sum of
twelve hundred & fifty Dollars (to be Equally
distributed amongst the my
other children) in ten annual payments, the first
to be due in One year
after my wife’s Decease. Viz One hundred and twenty five Dollars and so on for the
space of ten years, without interest.
I also give and bequeath unto my second
son William McCullogh Junior the sum of two
hundred and sixty six Dollars and
sixty six cents.
I also give and bequeath unto my youngest son Daniel McCullogh
the sum of two hundred & sixty six Dollars and
sixty six cents. I also give and
bequeath
unto my Eldest daughter Sarah Davis wife of Loyal
Davis the sum of two hundred
and sixty six Dollars & Sixty six cents. I
also give and bequeath unto my second daughter
Mary Turnbull Wife of Charles Turnbull the Sum of
two hundred
and Sixty six Dollars and sixty six cents, I also
Give and bequeath unto
my third daughter Nancy Allen, wife of John Allen
the sum of two
hundred and Sixty six dollars and sixty six cents,
I also give and bequeath
unto my Youngest daughter Jane McCullogh the sum
of two hundred
& Sixty Six dollars and Sixty six cents, which
several Legacies or sums of money
I will order and direct to be paid to the said
Respective Legatees
within twelve months after my decease.
I nominate constitute ordain
& appoint my beloved wife Elizabeth McCullogh
executrix and my
Eldest Son Charles McCullogh and my trusty friend
Thomas Holiday
executors of this my last Will and testament,
hereby Revoking all
former wills my me made, In witness whereof I have
hereunto set my
hand & seal this first day of December in the
Year of our Lord one thousand
Eight hundred & twelve.
his
William
x McCullogh
{Seal}
mark
Signed
Sealed published and Declared
by
the above named William McCullogh
to
be his Last will and testament, in the
presence
of us who have hereunto subscribed
our
names witnesses in the presence of the testator
Thomas Holiday
John Murphy
William Erwin
State
of New York
Albany
County
Be
it Remembered that on the twenty eighth day of December
in the year of our Lord one thousand eight hundred
& twenty seven, personally
appeared before me T. Attwood Budgen Surrogate of
the County Albany
aforesaid, Thomas Holiday * William Erwin the
subscribing witnesses to the will
of William McCullogh late of the town of Bethlehem
in the said county deceased
who being duly sworn declared that they did see
William McCullogh deceased
seal and execute the instrument hereunto annexed,
and impressed with the seal
of Office of the said Surrogate which said
instrument purports to be the last
Will and testament of the said William McCullogh
deceased, bearing
date the first day of December in the Year of Our
Lord one thousand Eight hundred
& twelve & that they heard him the said
William McCullogh publish
& declare the same, as and for his Last will
and testament, that at the
time thereof the said William McCullogh was of
sound disposing mind
& memory to the best knowledge and belief
therein the said Thomas Holiday
and William Erwin and that they together with John
Murphy the other subscribing
Witness to the said Will did severally subscribe
their names to thereto in the
presence of the testator as witnesses, and in the
presence of each other.
In testimony whereof, the said Surrogate hath
hereunto set his
hand and affixed his seal of Office.
Done at the City of Albany this twenty eighth
day December in the Year of Our Lord one thousand
Eight hundred and twenty
Seven.
Albany
County ss.
Be
it also Rembered, that on the twenty eighth day of December
in the Year of our Lord one thousand Eight hundred
and twenty seven
Personally appeared before me, the said Surrogate
Charles McCullogh
& Thomas Holiday executors in the aforesaid
Will named and were duly sworn
to the faithfull performance and execution
thereof, by takeing the usual oath
in that case provided,
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 the city of Albany
in the county of Albany on the twenty Eighth day
of December in the Year
of our Lord one thousand Eight hundred and twenty
seven, Before T. Attwood
Budgen Esquire the Surrogate of our said county
the last will & testament
of William McCullogh deceased (a copy whereof is
hereunto annexed)
was proved and now is nowapproved and allowed of
by us, and the said
deceased having whilst he lived and at the time of
his death goods
chattles or credits within this State by means
whereof the Granting admin
istrations, of all and Singular the said goods
chattles, and credits, and
also the auditing, allowing, and final discharging
the account thereof
doth belong unto us: the administration of all & singular the goods
chattles & credits of the said deceased and
any way concerning his will
is Granted unto Charles McCullogh & Thomas
Holiday Executors in the
aforesaid will named they being first duly well
and faithfully to administer
the same and to make and exhibit a true and
perfect Inventory of all and
singular the said goods chattles & credits
& 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
T. Attwood Budgen, Esquire Surrogate of our said
County at the
City of Albany aforesaid the twenty Eighth day of
December in the
Year of our Lord one thousand Eight hundred &
twenty seven, and
of our Independence the fifty second.
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