David Weatherwax
Last Will and Testament
David Weatherwax


Information on this page is from a transcription of a photocopy of the will in the Book of Wills, pages 231-233, and was submitted by Wayne E. Weatherwax, a 5th great-grandson of the testator. Wayne adds that the testator was born in 1747 in what later became Rensselaer County, NY, as were his 18 siblings. "David and one brother moved to Clinton County, NY shortly after the first US Census of 1790," Wayne writes. "At that time, most of the family lived in and on Tomhannock Creek. That land today is, of course, the Tomhannock Reservoir, serving the city of Troy. At one time, David's father owned 8,600 acres of land in this area. At his death, he owned 2,800 acres, which he divided amongst the 10 children of his second marriage."

In the name of God Amen.

I David Weatherwax in the town of Peru in the county of Clinton hereby make this my last will and testament in manner following to wit:

First: I direct my funeral charges be paid by my executors.

Item: I give and bequeath to my wife Eleanor all the benefit and interest which I can convey to her in the covenant or instrument of writing heretofore executed by my son Martin whcih was intended to secure maintenance and support during life to myself and said wife.

Item: I give and devise to my son Daniel the track of land containing about fifty six acres situate in the said town of Peru and being all that part of the old farm formerly owned by me, which lies west of the tract of land part of the said farm heretofore conveyed to me by my son Michael; to have and hold the said tract of land to my said son Daniel and his heirs; but if my said son Daniel shall die without lawful issue then living, then and in that case I give and devise the same over to my daughters Hannah, Margaret, and Mary, and the heirs of my daughter Betsy deceased and late wife of Isaac Johnson; to have and hold the same to them and their heirs as tenancy in common the said heirs of my daughter Betsy to have an equal undivided quarter part thereof and my said daughters Hannah, Margaret and Mary to have each one equal quarter part thereof in fee simple.

Item: I give and bequeath unto my daughter Rosannah four hundred dollers to be paid to her by my executor out of the avails of the notes which I hold against my sons respectively.

Item: I give and bequeath unto my said daughters Hannah wife of Isaac German, Margaret the wife of Alexander Weatherwax, Mary the wife of Benjamin Darling and to said heirs of my daughter Betsy Johnson all the residue of my personal estate of every kind and description that is to say my said daughters Hannah, Margaret and Mary each to have one equal quarter part thereof and the remaining quarter part thereof to go to the heirs of my said daughter Betsy.

Lastly I hereby appoint my said wife Eleanor and my son-in-law Isaac Johnson executors of my last will and testament. In witness whereof I have set my hand and seal this twenty sixth day of November in the year of our Lord one thousand eight hundred and thirty.

X [his mark]
David Weatherwax

Signed sealed published and declared by the testator David Weatherwax as and for his last will and testament in our presence who at his request, in his presence and in the presence of each other heve hereto subscried our names as witnesses. The word heirs in line 23, 1st page being erased and the words lawful issue interlined.

Robert Platt of Peru Clinton County
Hiram Lyon of Peru Clinton County.



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