THE LAST WILL AND TESTAMENT OF DAVID A SHAFER
Proved & Recorded March 8th 1840

Be it remembered that heretofore to wit on the 25th of February 1841 Abram D. W. Shafer personally appeared before the Surrogate of the county of Schoharie and presented his petition to the said Surrogate and also produced unto him a certain instrument in writing purporting to be the last Will and Testament of David A. Shafer of the Town of Cobleskill in said county bearing date the 23rd of December 1840 in which the said Abram D. W. Shafer and William Snyder are named as executors and from which said petition it appears unto the said Surrogate that after the execution of the aforesaid instrument and in or about the nineteenth day of February in the year one thousand eight hundred and forty one, the said David A. Shafer died being an inhabitant at the time thereof of the said county of Schoharie, leaving Catherine Shafer his widow him surviving, and the following persons his only heirs at law and next of kin, to wit, said petitioner, Isaac G. Shafer and Jerome Shafer all residing in the county of Schoharie and of full age -- Sylvester Shafer, Ezra Shafer, Julia Ann Shafer, and Elizabeth Shafer all of the county aforesaid and under the age of twenty-one years, and the said Surrogate did thereupon appoint Jedediah Miller of Cobleskill special guardian for the aforesaid infants, and issue his citation unto the aforesaid heirs and next of kin of full age and the special guardian for said infants requiring them to appear before the said Surrogate at the Surrogate's office in the Town of Cobleskill on the 18th of March 1841 and attend the probate of said instrument as a will relating to both real and personal estate; and on the day last mentioned the said Abram D. W. Shafer appeared in Court and produced proof of the lawful service of said citation and the same was filed and the same was filed with the court. And William Snyder, the other executor named in said Will also appeared and renounced his right and claim to act as executor of said will which renunciation is on file in this court. And on hearing the testimony of all the subscribing witness to said Will and after due examination of the matter, it doth satisfactorily appear unto the said Surrogate that said Will was duly executed by the said David A. Shafer, and attested by the
witnesses whose names are on thereunto subscribed in the presence and at the request of the said Testator and at the time of the execution aforesaid, he was of sound mind and memory, of full age to execute a will and competent in all respects o make a judicious disposition of his real and personal Estate by his last will and testament - and it is accordingly adjudged and determined by the said Surrogate that the aforesaid instrument is the last will and testament of the said David A. Shafer by him executed and published in due form of law, and it is thereupon ordered that said Will, together with the testimony taken on the proof thereof be recorded as a will relating to both real and personal estate which said Will and testimony are in the words and figures following, to wit:

In the name of God, Amen, I David A. Shafer of the Town of Cobleskill in the county of Schoharie considering the uncertainty of this mortal life, being weak of body but of sound mind and memory (blessed be almighty God for the same) do make and publish this my last will and testament in manner and form following:

First, I resign my soul into the hand of Almighty God hoping and believing in a remission of my sins by the merits and mediation of Jesus Christ. And my body I commit to the earth, to be buried at the discretion of my executors hereinafter named; And my worldly estate I give and devise as follows:

I will, order, and direct that all of my just debts and funeral charges shall be first paid out of my personal estate by my executors hereinafter named as son after my decrease as conveniently may be -

Secondly, I give and bequeath to my beloved wife Catherine all of my household furniture during her natural life and as long as she remains a widow and no longer. I also will order and direct that my said wife shall, in lieu of dower, have her support and maintenance out of lands hereinafter devised to my son Abraham D.W. Shafer during her natural life and as long as she remains my widow, and in case of her death or marriage then said support and maintenance to cease - The support and maintenance of my said wife as aforesaid I hereby make a charge upon the devise of my old farm hereinafter mentioned provided she accepts the same in lieu of said dower.

Thirdly, I give and devise to my son Abraham D. W. Shafer and to his heirs and assigns forever the old farm on which I now reside situate in the Town of Cobleskill aforesaid consisting of seventy acres of land, to be the same more or less. I also give and devise to said Abraham his heirs and assigns twelve acres of wood land to be taken from the easterly part of my mountain
lot situated in a patent granted to John Robinson and others consisting of eighty acres or thereabouts, the said twelve acres to be taken along on the line of lands now occupied by Nelson France and to be of equal width at each end. To have and to hold the same to him his heirs and assigns forever, subject to the conditions and charges herein below made and contained - I also give and bequeath to said Abraham his heirs and assigns the best lumber, two horse waggon (sic) on my premises at the time of my decease.

Fourthly, I give and devise to my son Isaac G. Shafer and to his heirs and assigns forever the Northerly or Easterly half part of my thirty acre lot of land with the appurtenances called the Poor Town lot situate in a patent granted to William Spoonsheir and William Hounds on the North East side of the West creek in said Town of Cobleskill, subject tot he conditions and charges hereinafter made upon said devise.

Fifthly, I give and devise to my son Jerome Shafer during his natural life and after his death to his heirs the Southerly or Westerly half part of the land mentioned thirty five acre lot of land called the Poor Town lot, it being that part adjoining the public highway subject to the conditions and charges herein below mentioned.

Sixthly - I give and devise to my infant sons Sylvester and Ezra and to their heirs and assigns forever, all the rest and residue of my mountain lot, above described share and share alike subject to the devise before mentioned of twelve acres and of the same to my son Abraham but my said sons Sylvester and Ezra are not to have the possession or rents or profits thereof until they shall respectively attain the age of twenty-one years, the use and occupation of the same during their minority. I give and devise
to my said son Abraham upon condition that he support and maintain them during their said minority, but he is not to commit any waste or cut down any timbers, except to fence the same lot.

Seventhly, I give and bequeath to my two infant daughters Julia Ann and Elizabeth Shafer all of my household furniture after the decease of my said wife to be equally divided between them share and share alike. I also give and bequeath to each of them two good milch cows and ten sheep to be delivered and paid to them respectively, by my said son Abraham, upon demand as soon as they shall respectively marry or attaint he age of twenty-one years, which last mentioned bequest I also make a charge upon the devise of lands herein before made to my son Abraham - I also give and bequeath to each of my said daughters the sum of three hundred dollars to be paid as follows, the sum of one hundred dollars to be paid upon her marriage and unless they marry sooner, the sum not to be paid till they attain the age of twenty one years at which time the said two hundred dollars and one hundred dollars and one hundred dollars in addition thereto shall be paid to them share and share alike by my son Abraham his heirs or assigns and I hereby make the same a charge upon the real estate herein before devised to him. The remaining sum of three hundred dollars shall be paid to my said daughters upon their attaining the age of twenty one years as follows, fifty dollars by my said son Isaac G. Shafer, his heirs and assigns, to be equally divided between them, fifty dollars by my son Jerome Shafer his heirs and assigns, and the sum of one hundred dollars to be paid by each of my sons Sylvester and Ezra their heirs and assigns to be equally divided between my said daughters - The said sums so directed to be paid by my sons Isaac G. Shafer, Jerome, Sylvester, and Ezra, I hereby expressly make a charge upon the real estate above devised to each to the extent of the sum each is devised to pay.

Eighthly, I give, devise and bequeath to my son Jerome Shafer, sufficient timber from my mountain lot above devised to my sons Sylvester and Ezra to build a new barn and house including logs for boards and timbers for shingles.

Ninthly, I hereby commit the guardianship of my daughters Julia Anna and Elizabeth until they shall marry or attain the age of twenty-one years unto my said wife during her life if she shall do long continue my widow and after and from her decease or second marriage unto my son Abraham D. W. Shafer and I do hereby declare that the expenses of the maintenance and education of my said daughters shall be paid and borne by my said son Abraham out of monies and estate given and bequeathed to him in and by this my will - That he shall board, clothe and support them until they marry or shall attain the age of twenty-one years and shall also send them to a good common school enough to give each of them a good common English education.

I further will order and direct that my said son Abraham shall support and maintain my said wife unto the estate herein devised and bequeathed to him so long as she shall remain single and shall not claim her dowers in any lands and he shall also support and maintain my infant sons Sylvester and Ezra and send them to a good common school till they shall attain a knowledge of the common English branches of learning, when if my said sons or either of them desire it. I will order and direct that my executors
hereinafter named shall hire them or either of them out to some good trade - And in case either or both of said infant sons should not choose to go to a trade, but should remain and labor on the farm with and for said Abraham, I direct that he shall clothe and support them or either of them so long as they or either of them so remain and no longer -

Ninthly (sic), I give and bequeath all the rest and residue of my estate not herein before devised and bequeathed to my five sons above named to be equally divided between them, share and share alike.

Lastly, I appoint my son Abraham and my friend William Snyder Executors of this my last will and testament. On witness whereof I have hereunto set my hand and seal the twenty third day of December, in the year one thousand eight hundred and forty -

David A. Shafer, S.S.

The above instrument was now here subscribed by David A. Shafer, the testator, in the presence of each of us; and was at the same time declared by him to be his last will and testament, and we at his request and in his presence and in the presence of each other, sign our names hereto attesting witness.

Hiram A. Shafer, of Cobleskill, Schoharie County
Peter N. Snyder, of Cobleskill, Schoharie County
Thomas Smith Junr, of Cobleskill, Schoharie County

Schoharie County, Surrogate Court. In the matter of proving the last will and testament of David A. Shafer, deceased. Schoharie County ss. Hiram A. Shafer of Cobleskill in the county of Schoharie being first sworn in open Court, doth depose and say that he is a subscribing witness to the last will and testament of David A. Shafer, late of Cobleskill in the County of
Schoharie, deceased. Deponent further saith that the said David A. Shafer the said testator did in the presence of this deponent subscribe he name at the end of the instrument which is now shown and exhibited to this deponent and which purports to be the last will and testament of the said David A. Shafer, and which bears date the twenty third day of December in the year of our Lord one thousand eight hundred and forty. Deponent further saith that the said David A. Shafer, the said testator did at the said 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 deponent did thereupon subscribe his name to the said will, as one attesting witness thereof, at the end of the said will, at the request and in the presence of the said testator, and of the others subscribing witnesses thereto. Deponent further saith, that at the same time when the said testator subscribed his name to the said last will as aforesaid and at the time of this deponent's subscribing his name as an attesting witness thereto as aforesaid the said David A. Shafer 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 this deponent saith not -

Hiram A. Shafer

Eighth day of March 1841
Before me

Thomas Smith, Surrogate of Schoharie County

Kim's note: Similar statements made by the other two witnesses, Peter N.
Snyder and Thomas Smith, Jr.

State of New York
Schoharie County, ss.
I Thomas Smith now Surrogate of said county do certify that at a Surrogate Court held in and doe said county at the Surrogate's office in the town of Cobleskill on the 8th day of March 1841 the aforesaid last will and testament of David A. Shafer deceased was duly proved before me as a will of real and personal estate and that the preceding record is a true transcript of said will and of the proofs and examinations taken in relation therefor.

Thomas Smith, Surrogate

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