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THE LAST WILL AND TESTAMENT OF CORNELIUS C MULLER

REGISTERED AUGUST 27, 1799

In the name of God, Amen, I Cornelius C Muller of the Town of Claverack in the County of Columbia and State of New York, yeoman, being weak in body but so sound mind, memory and understanding (thanks to God for the same) and calling to mind the uncertainty of this life and the certainty of death hereby revoking and disannulling all other former will and wills testament and testaments heretofore by me made and declared, do make and ordain , publish and declare this my last Will and Testament in manner and form following that is to say

Imprimis I do order and direct that all my just debts and funeral expenses shall be paid out of my personal estate by my executrix and executors herein after named.

Item I give and bequeath unto my beloved wife, Margaret, all my estate both real and personal during her natural life or remarriage or which shall first happen.

Item I give and devise unto my grandchildren to wit Mary Murgittroyd, Nicholas Murgittroyd, John Murgittroyd, Cornelius Murgittroyd, and Peter Murgittroyd, children of my daughter, Rachel and wife of Joseph Murgittroyd, all that certain lot of ground whereon the said Joseph Murgittroyd lately lived. Situate lying and being in the Town of Claverack aforesaid in the County Columbia aforesaid and on the south side of the road or street leading from the Court House to the house wherein the said Joseph Murgittroyd lived. Which said lot of ground begins at a point on a course north sixty nine degrees west distant two chains and sixty nine links from the northwesterly corner of the house wherein the said Joseph Murgittroyd lived and runs from the said point of beginning south eighteen degrees west seven chains and fifty links then north sixty five degrees and fifteen minutes east three chains and sixty links to the road that leads from the bridge lying across my mill dam to the aforesaid house wherein the said Joseph Murgittroyd lived. Then along the last mentioned road north eighteen degrees and fifteen minutes west four chains and thirty nine links. Thence north forty nine degrees and forth five minutes west three chains and sixteen links to the place of beginning. To have and to hold the said premises above mentioned and devised with the appurtenances unto my grandchildren, Mary Murgittroyd, Nicholas Murgittroyd, Nicholas Murgittroyd, John Murgittroyd, Cornelius Murgittroyd, and Peter Murgittroyd, their respective heirs and offspring forever as tenants in common.

Item At and immediately after the death or remarriage of my said wife or which shall happen first. I give and devise unto such child or children where with it is said my daughter -in-law, Mary Muller, widow of my son, Jerimiah C Muller Jr., lately deceased, is now pregnant. All that certain lot of ground situate lying and being in the Town of Claverack aforesaid in the County of Columbia aforesaid on the south side of the before mentioned road leading from the Court House to the above mentioned house where the said Joseph Murgittroyd lived and begins at a point on a course north sixty nine degrees West distant two chains and sixty nine links from the northwesterly corner of the above mentioned house wherein the said Joseph Murgittroyd lived and runs from the said point of beginning south eighteen degrees west seven chains and fifty links. Thence west to the edge of the hill thence along the said edge of the hill as it runs to the gully that comes down to the brickyard. Thence up the said gully to the last above mentioned road. Thence along the said road to the place of beginning to have and to hold the said lot of ground so as last aforesaid devised unto such child or children wherewith it is said my daughter-in-law is now pregnant, his, her or their heirs and offspring forever. But in case my said daughter-in-law Mary Muller should happen not to be pregnant by my son, Jermiah, lately deceased and such child or children when born should happen to die and leaving no lawful heirs then and in both those cases I give and devise the same so as last above devised unto my son Christopher and my daughters, Rachel, Mary, Hillitie and Elizabeth their respective heirs and offspring forever.

Item At and immediately after the death or remarriage of my said wife or which shall first happen I give and devise unto my daughter Elizabeth all that part of my real estate situate lying and being in the Town of Claverack aforesaid on the south side of the above mentioned road that leads from the Court House to the before mentioned house wherein the said Joseph Murgittroyd lived southerly by the Lands of Hendrick Muller and his son Stephen H Muller and a piece of Land called and known by the name of Hotaghterstestuck lately surveyed and released by me to my brother Jeremiah C Muller and westerly by the lands of Iahhim Muller ( excepting and always reserving thereout the above motioned and described lot of ground herein above devised to my said grandchildren Mary Murgittroyd, Nicholas Murgittroyd, John Murgittroyd, Cornelius Murgittroyd and Peter Murgittroyd and also excepting and reserving their out the above mentioned and described lot of ground herein above devised to such child or children wherewith it is said my daughter-in-law Mary Muller widow of my said son, Jeremiah lately deceased is now pregnant to have and to hold the said primipis so as last aforesaid devised with the appurtin anues except as before excepted and reserved unto my said daughter Elizabeth her heirs and offspring forever.

Item I give and devise unto my above named daughter, Elizabeth after the death or remarriage of my said wife or which shall first happens a certain lot of ground whereon my barn now stands situate lying and being on the Northerly side of the above mentioned road leading from the Court House to the house wherein the said Joseph Murgittroyd lived which said lot of ground begins on the last aforementioned road distant two chains and thirty five links on a course south eighty three degrees east from the southeasterly corner a certain triangular piece of ground heretofore conveyed and released by me and my brother, Jeremiah to Walter Vroman Wimple and runs from the said point of beginning north seventeen degrees and thirty minutes east three chains and sixty eight links. thence south eighty six degrees and thirty minutes east two chains and twenty for links. Thence south fourteen degrees and thirty minutes West three chains and eighty eight links to the last aforesaid road. Thence along the said road north eighty three degrees west tow chains and forty eight links to the place of beginning. To have and to hold the said premises with the appurtenances to my said daughter Elizabeth her heirs and offspring forever.

Item I give and devise unto my above named granddaughter, Mary Murgittroyd all that a certain lot of ground situate lying and being on the westerly side of the road that leads form the Church to the above mentioned house wherein the said Joseph Murgittroyd lived and begins on the last above mention road on the northerly side of the well nearly opposite the house of Rueben Rinny and runs from thence north eighty-six degrees and thirty minutes east three chains and ninety seven links. Thence north fourteen degrees and thirty minutes east one chain. Thence south eight six degrees and thirty minutes East three chains and ninety seven links to the aforesaid last mentioned road. Thence along the said road South fourteen degrees and thirty minutes West one chain to the place of beginning. To have and to hold the said lot of ground unto my grand daughter, Mary Murgittroyd, her heirs and offspring forever.

Item I give and devise unto my daughter Hillitie all that certain lot or parcel of land situate lying and being in the Town of Claverack aforesaid in the County of Columbia aforesaid bounded as follows to wit southerly by the before mentioned road leading from the court house to the before mentioned house wherein the said Joseph Murgittroyd lived westerly by the lands of Walter Vroman Wimple and the lands of Iaghim Muller northerly by the lands belonging to the Reformed Dutch Church and easterly by the degree mentioned house wherein the said Joseph Murgittroyd lived (except thereout a lot of ground herein above devised to ma daughter Elizabeth and one other lot herein also devised to my grand daughter, Mary Murgittroyd) to have and to hold the said lot of land and premise with the appurtnances (except as before excepted unto my said daughter Hilliter her heirs and offspring forever.)

Item I give and bequeath unto my above named son, Christopher, his heirs, executors or administrators the sum of one hundred and fifty pounds lawful money of the State of New York to be paid by my said daughter Elizabeth out of the lands herein before devised to him within two years of the death of my said wife.

Item I give and bequeath unto my above named daughter, Mary, wife of Cornelius H Muller, her heirs, executors or administrators the sum of one hundred pounds of like lawful money as aforesaid to be paid by my said daughter, Hillitie out of the lands herein above devised to her within tow years after the death of my said wife.

Item It is my will and I do order that my Brother Jeremiah shall use occupy and enjoy the brewery and the westerly half of my distilling house together with the one half of the barn and yard and garden so long as he shall remain sole and unmarried.

Item I give and bequeath to my above mentioned son, Christopher and to my four daughters to wit Rachel, Mary, hillitie and Elizabeth after the death or remarriage of my said wife all my personal estate of what kind or nature the same may be to be divided amongst them share and share alike.

Item It is my will and I hereby order and direct that my before mentioned daughter, Elizabeth shall decently support and maintain my grandson, Cornelius Muller, son of my above named son Christopher and find and provide for him sufficient meat, drink washing and lodging and apparel during the natural life of mysaid grandson out of the lands herein above devised to her.

Lastly, I do hereby nominate and appoint my said beloved wife, Margaret, Executrix and my brother, Jeremiah C Muller and son-in-law, Thomas Williams executors of this my last will and testaments hereby revoking all and every other will or wills testament or testaments by me heretofore made.

Signed on the eighteenth day of January in the Year of Our Lord one thousand and seven Hundred and Ninety Six.

I, Cornelius C Mueller of the Town of Claverack in the County of Columbia Yeoman do make and publish this Codicil to this my last will and Testament in manner following that is to say I give to my wife, Margaret during her natural life or remarriage of which shall first happen, a Negro girl named rose at and immediately after the death or remarriage of my said wife or which shall first happen I give and bequeath the said Negro girl named Rose unto my daughter, Elizabeth her heirs and offspring forever. To have and to hold the said Negro girl named Rose unto my daughter, Elizabeth , hers heirs and offspring forever and whereas in and by my last will and testament I have given and bequeathed unto my son, Christopher the sum of one hundred and fifty pounds lawful money of the state of New York to be paid unto him, his heirs, executors of administrators by my daughter, Elizabeth within two years hereby order and declare that my will is that only the sum of one hundred pounds be paid unto my said son, Christopher, his heirs, executors or administrators within two year of the death of my wife, Margaret by my said daughter Elizabeth. Signed on the tenth day of January in the year of our Lord One Thousand Seven Hundred and Ninety Nine.