WILL: Peter Flagler; Westerlo, Albany, New York

submitted by Diane Frazier (racesdiane@yahoo.com)
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Source: sampubco.com
Albany co NY Will Book Vol. 19 page 470
Written: 29 Dec 1860
Probated: 12 Dec 1864

Transcribed from SAMPUBCO photocopy by Diane Fredericks Frazier

Last will and testament of Peter Flagler

The Last Will and Testament of Peter Flagler
Proved and recorded December 12Th 1864 as a will of Real and Personal Estate.

In the name of God, Amen. I Peter Flagler of the town of Westerlo in the
County of Albany and State of New York being of sound mind and memory do make,
publish and declare this my last will and testament in the manner following,
that is to say:

FIRST, I order that I be decently buried and my funeral expenses be paid.

SECOND, That my debts be paid. 

Third, That my wife have one third of all my real estate and one third of all
my personal property in lieu of dower for to hold during her natural lifetime,
and after her death to be equally divided among my six children-Morgan, John,
William, Peter H., Juliet, Elmira or their heirs.

Fourth, I order out of the rest of my property that my four sons have two
hundred apiece more than the girls, that is to say Morgan, John, William,
Peter H., and after that share and share alike.

FIFTH, I order that my granddaughter, Victory Flagler, be paid fifty dollars
out of my estate after she is twenty one of age. If I live till she is twenty
one it may not be paid till two years after my death. This makes eight or nine
hundred dollars that Chester and his heir had had out of my property.

SIXTH, I do order that Morgan, my son, have the Hogan lot of land to hold
during his natural lifetime and after that to his children at the same price
that I gave for it that being five hundred dollars towards his part in my
property being twenty five acres of land.

SEVENTH, I do order that all my account that I shall leave against my children
shall be allowed as offset against their part. I mean what I have given them
without any regard to the length of time since I have given it to them.

EIGHTH, Know any one of my children attempting to break this will shall be
precluded from any part of my property.

NINTH, I do order and appoint my sons John and William Flagler Executors of my
estate to settle it by agreement or according to law. 

In witness whereof I have here unto set my hand and seal the 29Th day of
December in the year of our Lord one thousand eight hundred and sixty.
 
              Peter Flagler )L.P.)

The above instrument consisting of one sheet was at the date thereof declared
to us by Peter Flagler the testator then understood to be his last will and
testament and he at the same time acknowledged to us and each of us that he
had signed and sealed the same and we thereupon at his request and in his
presence and in the presence of each other signed our names therein as
attending witnesses.
Nathanial Newbury resides in Westerlo, Albany Co., N.Y.
 Perry R. Stewart resides in Westerlo, Albany Co., N.Y.

County of Albany- Nathanial Newbury of Berne in the County of Albany and Perry
R. Stewart of Westerlo in the County of Albany being first duly sworn in open
court, depose and say and each for himself deposeth and saith that he is a
subscribing witness to the instrument now shown to him purporting to be the
last will and testament of Peter Flagler of the town of Westerlo in the County
of Albany, that the said Peter Flagler did in the presence of this deponent
subscribe his name at the end of the instrument which is now shown and
exhibited to the deponent as aforesaid and which purports to be the last will
and testament of the said Peter Flagler and which bears date on the 29th day
of December in the year of our Lord one thousand eight hundred and sixty.

And this deponent further saith that the said Peter Flagler the said testator
did at the time of subscribing his name as aforesaid at the end of the said
will, declare the said instrument so subscribed  and now exhibited to be his
last will and testament and this deponent did thereupon subscribe his name at
the end of the said will as an attesting witness there to and at the request
of the said testator. And this deponent further saith that at the said time
when the said testator subscribed his name to the said last will as aforesaid,
and at the time of the deponent subscribing his name as an attesting witness
thereto, as aforesaid, the said Peter Flagler was of sound mind and memory, of
full age to execute a will, and was not under any restraint to the knowledge,
information or belief of this deponent. And further these deponents say not.
      Perry D. Stewart
      Nathanial Newbury
Sworn and subscribed this 12Th day of December 1864 before me
      Israel Lawton
             Surrogate

I, Israel Lawton, Surrogate of the County of Albany do hereby certify the
foregoing to be a true copy and record of the last will and testament of Peter
Flagler late of Westerlo deceased, propounded for probate and proved before
me, and the proofs and examinations taken before me in relation thereto.
   Israel Lawton
          Surrogate