Walrath Will

Three Rivers
Hudson~Mohawk~Schoharie
History From America's Most Famous Valleys

This article was sent to us by Jerome "Jerry" Walrath. From the St. Johnsville ENTERPRISE & NEWS, August 10, 1932. This article(s) was found in the Montgomery Department of History and Archives, Old Courthouse, Fonda, NY. It looks as if more than just the article published on the above date was copied and pasted to the two pages found. I am unsure whether the 1783 Will of Adolf Walrath, and the information from HUDSON-MOHAWK was published in the same issue. The material from the HUDSON-MOHAWK was broken into two parts as the two pages ended with…"to be continued." The information from the HUDSON-MOHAWK regarding one descendancy line of Adolf Walrath can be found on the Herkimer/Montgomery GenWeb site at: Gen Web, Herkimer/Montgomery http://www.rootsweb.com/~nymontgo/minden/josiahwalrath.html

NOTE: There was one difference in the information printed in the ENTERPRISE & NEWS and that printed in the HUDSON-MOHAWK concerning the wife of Adolph Walrath, b. 1767. In the E&News: "He married in Minden Maria Kirk." From the HUDSON-MOHAWK: "He married , probably in Minden, Gertrude Fiske.." although the wife's dates are exactly the same in both publications.

Adolf Walrath whose will dated May 26^th, 1783 of the Palatine Distict, Tryon County, N. Y. is the first of the family of that name of which the following family is the subject under consideration in America. His original will in his own handwriting is now, July 12, 1931 in the possession of Mrs. Alice Walrath Bellinger, No. 83 West Main street, St. Johnsville, Montgomery county, N.Y. and of which the following is a copy. Evidently he was a Palatinate (as written) and emigrated to America at an early date in the 18^th century and settled soon thereafter in the town of Palatine, near St. Johnsville, N.Y. where he purchased a farm in the Schuyler Patent, Lot. No. 17 and upon which he resided at the time he executed said will.

There was also another family by the same name evidently living in the same town, one of whom, Henry Walrath, said Adolf Walrath appointed one of his executors of his said will. Whether these families were related or not there is no present evidence. The testator speaks 'of said' Henry as his "friend" thus indicating a lack of relationship of the two families.

There was also another Walrath family which was among the early settlers in the Town of Danube, one of whom was Albert Walrath who married Catherine, born 10-2-1791 at German Flatts, Herkimer county, N.Y., died 9-12-1847 at Danube, daughter of James and Margaret (Christman) Yule. The latter was a daughter of Nicholas and ( ) Christman of Herkimer.

They had a son Levi C. Walrath who was a farmer at Springfield Center, Otsego county, N.Y.

This twenty sixth day of May in the seventh year of our Independence, and Thousand Seven Hundred and Eighty Three, I Adolf Walrath of Palatine District in the County of Tryon and State of New York, Yeoman, being very sick but of good and perfect mind and memory, praised be God for the same, considering the certainty of death, and the uncertain hour of it, I have thought fit to dispose of the temporal estate which it pleased God to give me, recommending first my immortal soul into the house of God and my Saviour Jesus Christ, and my body to the earth to be buried in a Christian manner at the descretion of my executors, nothing doubting but at the General Resurrection I shall receive the same again by the Mighty Power of God, and as touching such worldly estate wherewith it hath pleased God to bless me in this life. I give, devise and bequeath and dispose of the same in the following manner and form:

(Imprimis) I give and bequeath to my well beloved son John Walrath the sum of two pounds New York Currency in right of his primogeniture and that he shall be satisfied what Hereinafter shall make, devise and bequeath unto him.

(Item) I give and devise unto my well beloved wife named Anna during the term of her natural life if she remains my widow all my estate and lands I now live upon with the buildings on said land erected and also my personal estate for her support and maintenance.

(Item) I give and devise unto my sons named John Walrath, Jacob Walrath and Adolf Walrath to them and their heirs and assigns forever my lands which I have and now live upon and the land on which my said son John Walrath now lives on, lying in Lot number seventeen, lying in a Patent granted to John Schuyley and others with the buildings on said land erected, and also fifty acres of land in Lot number thirty two in Klocks Purchase.

(Item) I give unto my well beloved son Henry Walrath, his heirs and assigns forever all the lands which I have in Klocks Purchase Lot No. 32 (excepting what is herein above devised) being about one hundred and twenty five acres.

(Item) I give unto my daughters named Catherine, Dorotia, Annet, Anna and Maria their heirs or assigns each of them the sum of twenty five pounds New York Currency, to be paid to them or their written order by my sons John, Jacob and Adolf their heirs or assigns yearly to each of them five pounds thereof till the above said sum is paid, the first payment is to be paid six years after my decease.

(Item) I give and devise unto all my children here above named all my household furniture to be divided among them or their heirs, share and share alike.

(Item) I give and devise unto my daughters named Anna and Maria, each of them, one cow and one heifer and two sheep and one sow. * Dorotia one breeding sow.

(Item) I give and devise unto my sons named John, Jacob and Adolf, their heirs and assigns all the remaining part of the horn cattle, sheep, hogs, horses and farming utensils.

(Item) My will and desire is that if any of my said children should die without heirs, then such personal estate of the deceased shall come and be divided among all my children, share and share alike or their heirs.

(Item) I will and devise-desire that if any one of my sons above named, John, Jacob and Adolph should be will to sell his share in the above said real estate which I have devised unto him or them…then he or they shall apply unto my executors thereafter named, and they or the majority of them shall value such real estate, and the buyer shall pay to the seller such sum as the executors shall appraise, and the seller shall give a good and lawful lease and release to the buyer, his heirs and assigns forever.

(Lastly) I do hereby declare all what is herein written to be my last will and testament, and desire it may have effect either as testament, codicil or donation or in any manner that may render it more effectual notwithstanding any neglect, mistake or want of form that may be committed in it. I do will and desire that all of my children together shall choose three honest men who shall with my executors hereafter named honestly devide all my personal estate as above mentioned. I do hereby name and appoint as Executors of this my last will and testament, my well beloved friends Henry Walrath, Esquire, John Windecker and Friterich Bellinger to execute this my last will and testament whereof I have hereunto set my hand and seal the day and year first above written.

Signed, sealed, published and declared by the said Adolf Walrath as and for his last will and testament in the presence of us whose names are hereunder written who did each of us subscribe as witnesses at the request and in his presence in the room where he then was.,

1. Adolf Walrath, Sr. died about 1783 near St. Johnsville, N.Y. He was a farmer. Married to Ann.

Note.- His will dated 26 May 1783, resident of Palatine District, Tryon County, N.Y. residing then on Lot 17 lying in Patent granted to John Schuyler and others. His said will names the above as his children, also his wife Ann (see will post). The original will is now 7-12-1931 in possession of Mrs. Alice Walrath Bellinger, daughter of Franklin and Mary C. (Smith) Walrath of 83 West Main street, St. Johnsville, N.Y.

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