WILLS & MORTGAGE DEED OF SLACK FAMILY
[Spelling is as found on the copy obtained from the Office of the County Clerk, Montgomery County, NY. There are some words I was not sure of --I transcribed them to the best of my ability.] --submitted by Mary Slack Maynard, February 21, 1999
Montgomery Co., NY Wills, Book 3, page 125, 126
[I assume the first two paragraphs relate to the will of Benajah Slack. They begin at the top of page 125]
administration of all and singular the said goods, chattels and credits, and also the auditing, allowing and final discharging the account thereof doth belong unto us; the administration of all and singular the goods, chattels and credits of the said deceased and any way concerning his will is granted unto Peter van Neste and William Rob Executors in the said will named; they being first duly sworn well and faithfully to administer the same, and to make and exhibit a true and perfect Inventory of all and singular the said goods, chattels and credits; and 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 James Lansing Esquire Surrogate of the said County at Johnstown the first day of September in the year of our Lord one thousand eight hundred and eighteen, and of our independence the forty third.
In the name of God amane, I Beneagah Slack of the town of Amsterdam being week in body but of sound and perfit mind and memory, blesed by almighty God for the same, I do make and publish this my last will and testament in mannor and form following that is to say
First, I give and bequeaith unto my beloved wife Elisabath, one cow, one hors, and five sheep, one bed and bedding, and the use of another bed and bedding, and my dask, with the use of all the rest of my household furniture, and the west room of the house, whare I now live in, and seventy dollars yearly and every year while she remains my widow; the one bed and biding, the dask with all the household furneture to be given to my daughter Elisibath after the marige or death of my wife.
I do also give and bequeath to my oldest son William Slack one undevided third of all my reail esteate and all my close.
I do also give and bequeath to my daughter Elisabath one undevided third of all my reail esteate during hir natrael life, then to be my grand son Beneagah Fauls; and he is to pay his sisters Marey and An each fifty dollars out of the same.
I do also give and bequeath unto my two grand sons Roswell and Neathen Slack, the children of my sone Roswell Slack one undevided third of all my reail esteat each to have ane equel shair.
I further order and direct that the reast of my parsonly property not otherwise disposed of be equelly devided bitwen my son Beneagah Slack Bengaman slack and the hairs of Joseph Slack and the hairs of Nathen Slack my sons.
I hereby apoint Peter Van Nist and William Rob Excutors of this my last will and testament, herby revoking all former wills by me made.
In witness whereof I have hereunto set my hand and seal this seventh day of May in the year of our Lord one thousand eight hundred and eighteen.
Signed, sealed, published and declared by the above named Baneagah Slack to be his last will and testement in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator. George Van Neste, David S. Wells, Samuel Case.
Be it remembered that on the first day of September in the year of our Lord one thousand eight hundred and eighteen, personally appeared before me James Lansing Surrogate of the County of Montgomery George Van Neste, David s. Wells and Samuel Case, who being duly sworn, severally dispose and say, that they saw Benajah Slack sign and seal and heard him publish and declare the written instrument as and for his last will and testament that the said Benajah Slack was at that time thereof, (according to the best of the judgment and belief of these deponents) of sound and disposing mind memory and understanding; and that these deponents respectively subscribed their names thereto, as witnesses to the execution thereof, in the presence of the said Benajah Slack the testator, and in the presence of each other.
The preceding are copies of the last will and testament of Benajah Slack deceased, of the certificate of the proof thereof, and of the letters testamentary thereon.
Registered the first day of September 1818.
James Lansing Surrogate
Be it also remembered that on the said first day of September last mentioned personally appeared before me the said Surrogate Peter Van Neste and William Rob, executors in the last will and testament of the said Benajah Slack deceased named, and were duly sworn as Executors.
Mortgage Book 10, page 234
Mortgaged the twenty sixth day of February in the year of Our Lord one thousand eight hundred and sixteen By George Van Nest and Jean his wife of the county of Albany, State of New York to Benajah Slack of the County of Montgomery and state of New York for securing the payment of Two thousand dollars money of account of the United States. All that certain piece or parcel of land lying and being in the town of Amsterdam county aforesaid in a patent known and destinguished by the name of Sacandaga Patent being the northwesterly half of said lot excepting two small parcels out of said lot heretofore conveyed by said Benajah Slack Junr to Nathan Wells and Coonrad Barker the residue contains about one hundred and fifty acres the same as it is now possessed by the said Benajah Slack provided always and these presents are upon this express condition That if the said George Van Nest heirs executors and administrators do and shall well and truly pay or cause to be paid unto the said party of the second part his certain attoney or attanies heirs executors administrators or assigns the sum of two t housand dollard money of account of the United States of America in manner and form following Viz four hundred dollars on the fourth day of May in the year of our Lord one thousand eight hundred and seventeen and the interest thereon and the remaining sum of one thousand six hundred dollars in four equal annual payments there after with interest on each payment as it falls due in the manner particularly specified in the condition of a certain Bond or obligation bearing even date herewith executed by the said Parties of the first part to the said party of the second part that these and from thenceforth these presents and every thing herein contained shall cease and be void anything herein contained to the contrary notwithstanding. But in case default shall be made in the payment of all or any part of the principal sum of two thousand dollars or the interest thereof at the time or times when she same ought to be paid as aforesaid that then and in such case the said parties of the first part for their heirs executors and administrators do covenant grant promise and agree to and with the said party of the second part his heirs executors administrators and assigns that it shall and may be lawfull for the said party of the second part his heirs executors administrators or assigns at any time or times thereafter to sell and dispose of the said premises hereby granted or any part or parts thereof at Public Vendue to any person or persons whoosoever and on such sale to make sign seal and deliver any deed or deeds of conveyance in the Law for the said premises or the part thereof so sold to the purchaser or purchasers his her or their heirs or assigns for ever and out of the monies arising from such sale or sales to keep and retain in his hand the said sum of Two thousand dollars or so much thereof or the interest thereof as shall be then due together with all costs charges or expenses that shall or may be due accrue arise or or happen by reason or on account of such sale or sales and the over play money if there be any shall be paid to the said parties of the first part heirs executors administratior or assigns Said mortgage was on the day and date of these presents duly acknowledged by said mortager before P. Brooks Junr Master in chancery for the State of New York and by him certified according to Law registered the 26th day of February 1816 at 4 O Clock p.m.
Jno M.Carthy clerk
Book 31 page 120 - 121
This indenture made the twenty second day of February in the year of our Lord one thousand eight-hundred and twenty between William Slack of the town of Middletown, county of Delaware and State of New York of the first part and John Voorhees of the town of Amsterdam, county of Montgomery and State aforesaid of the second part. Witnesseth that the said party of the first part for and in consideration of the sum of one hundred and eighty three dollars and seventy five cents current money of the United States to him in hand paid by the said party of the second party the receipt whereof is hereby confessed and acknowledged hath granted bargained, sold remised, released, aliened and confirmed and by those presents doth grant bargain sell remise release alien and confirm unto the said party of the second part, in his actual possession now being and to his heirs and assigns forever. All that certain piece or parcel of land lying and being in the town of Amsterdam, Montgomery county being a part of lot No. Seventy-eight in the Sacandaga Patent and is bounded as follows. Beginning at a stake standing on the line of Hugh Sanford and being the corner of lands laid out for two sons of Rosel Slack, deceased and run from thence north thirty degrees and thirty minutes West eighteen chains and thirty eight links to the public highway thence along the South side of the highway South seventy six degrees and thirty minutes East ten chains and forty seven links thence north eighty seven degrees & forty five minutes East one chain and Eighty five links to the gate and road leading to the dwelling house lately owned and possessed by Benajah Slack deceased thence South twenty degrees and thirty minutes East till it intersects the division line of the land of Rosel Slack thence along said line till it comes to the place of beginning containing twelve acres and one rood of land, the premises hereby granted is a part of the farm lately owned by Benajah Slack deceased and by his last will & testament devised to the said party of the first part. Together with all and singular the heredilaments and appurtenances thereunto belonging or in any wise appertaining and the reversion and reversions remainder and, and remainders, rents issues and profits thereof and also all the estate right title inheret claim or demand whatsoever of him the said party of the first part either in law or equity of in & to the above bargained premises and every part and parcel thereof. To have and to hold the said above mentioned and described premises to the said party of the second part his heirs and assigns to the sole and only forever use and benefit and behoof of the said party of the second part his heirs and assigns forever and the said party of the first part for himself his executors administrators & doth covenant grant promise and agree to and with the said party of the second part his heirs and assigns the above bargained premises in the quiet and peaceable possessions of the said party of the second part his heirs and assigns against all and every person or persons lawfully or equitably claiming or to claim the whole or any part thereof will forever Warrant and Defend. In witness whereof the said party of the first part hath hereunto set his hand and seal the day and year above written William (his mark) Slack (seal). Sealed and delivered in the presence of Eleazer Taft . Jas Cushney. State of New York Montgomery County. On the twenty second day of February in the year of our Lord one thousand eight hundred and twenty came before me William Slack to me personally known who acknowledged he had signed sealed and delivered the within deed as his voluntary act and deed for the uses and purposes therein mentioned. I having examined the same and finding therein no material alterations erasures & do allow the same to be recorded. James Cushney a comissioner for taking the acknowledgement of deeds.
Recorded the 30th April 1832 at 11 Oclock A. M.
Geo: D. Ferguson, Clerk