The Last Will and Testament of Christopher Engle

Proved and recorded June 18th 1869 as a will of real and personal estate.

In the name of God Amen. I Christopher Engle of the Town of Berne in the County of Albany and State of New York of the age of seventy-five years and being of sound mind and memory do make publish and declare this my last will and testament in manner following, that is to say.

First I give devise and bequeath to my beloved wife Juliette the use of my personal estate and the rents issues and profits of my real estate for and during her natural life subject to the payment of my debts and funeral expenses..

Second. After the decease of my said wife I give devise and bequeath all the rest and residue of my said estate real and personal except my household furniture including beds and beddings to my son William H. Engle and my son-in-law James Dyer (being my executors hereinafter named in trust that they sell all my real and personal estate and convert the same into cash and but of the same pay a legacy of fifty dollars each within two years after my decease to my children Julia Ann Dominick, William H. Engle, Almira Snow, Mary Dyer, Eliza Zeh, Jacob P. Engle, Celinda Wright and Martha Bogardus and divide the rest of my said estate into two equal parts and hold and bestow the same as follows.

1st Invest the one half of the same in their own names in such securities as in their judgment will be safe and pay as much of the principal and interest as shall be necessary to the support of my son Albert during his natural life and at and after his decease pay what shall be left of the said one half to my children as follows Julia Ann Dominick William H. Engle Almira Snow Mary Dyer Eliza Zeh Jacob A. Engle Celinda Wright and Martha Bogardus share and share alike and if any of my said children should be deceased at the time of my decease the child or children of such deceased to have the share their parent would have had if living.

And 2d. Out of the remaining one half invest eight hundred dollars in securities as aforesaid or in real estate and pay from the interest or the rents issues and profits to my son Adam for and during his natural life and after his decease pay and convey the residue to his child or children forever if he shall have any living at the time of his decease and pay the rest of the said one half to my children named as residuary legatees of the first of one half and in the same manner to the child or children of any as shall be deceased. And in case my son Adam shall die without leaving any child or children him surviving it is my will that the share of the said Adam shall be divided among the aforesaid residuary legatees share and share alike with the like provision for the child or children of any who may be deceased.

It is my will nevertheless that if in the opinion of the said William H. Engle and James Dyer my said son Adam shall be or become competent to take care and properly use the share above appropriated to his use that they _ _ _ _ _ trust by paying and conveying the said share to my said son Adam forever.

Third I give and bequeath to my six daughters above named all my household furniture including beds and bedding forever after the decease of my wife.

Lastly I do hereby appoint my son William H. Engle and my son-in-law James Dyer to be
the executors of this my last and testament and in case either of them should decline this trust herein created or in case of the death of either of them I do hereby authorize and empower the remaining on of them to perform all the acts which by the terms of this my last will and testament they might jointly perform.

And I do hereby revoke all former wills by my me made. In Witness Whereof I have herein to set my hand and seal this 18th day of August in the year of our Lord on thousand eight hundred and sixty.

Christopher Engle S.S.

The above instrument consisting of one and one half sheets was at the date thereof signed sealed published and declared by the said Christopher Engle as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto.
Jacob Settle Berne Albany Co. N.Y.
Amos W. Ball Berne Albany Co. N.Y.

Whereas I Christopher Engle of the Town of Berne Albany County and State of New York have made my last will and testament in writing bearing date the 18th of August in the year of our Lord one thousand eight hundred sixty in and by which I have devised & bequeathed as follows.
"And 2d out of the remaining one half invest eight hundred dollars in securities as aforesaid or in real estate pay the interest or the rents issues profits to my son Adam for and during his natural life and after his decease pay and convey to his child or children forever he shall have any living at the time of his decease". Now therefore I do by this my writing which I hereby declare to be a codicil to my said last will & testament and to be taken as a part thereof order and declare that my will is that only the sum of Seven hundred fifty dollars be invested in securities or real estate as aforesaid of which my son Adam is to receive in manner aforesaid the interest rents issues profits thereof and that the same is subject to the remainder of said provisions in my said last will contained & also to the subsequent provisions thereof.

In witness whereof I have herein set my hand & seal this 14th day of February in the year of our Lord one thousand eight hundred and sixty four.

Christopher Engle

The above instrument consisting of one sheet was at the date thereof signed sealed published and declared by the said Christopher Engle as and for a codicil to his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto.
Jacob Settle Berne Albany Co
Amos W. Ball residing at Berne Albany Co. N.Y.

County of Albany SS. Jacob Settle and Amos W. Ball of Berne in the County of Albany being first duly sworn in open court do depose and say and each for himself deposeth and saith that he is a subscribing witness to the instruments now shown to him purporting to be the last will and testament of Christopher Engle late of the Town of Berne in the County of Albany and the codicil thereto that the said Christopher Engle did in the presence of this deponent as aforesaid and which purports to be his last will and testament & codicil of the said Christopher Engle and which bears the date on the 18th day of August in the year of our Lord one thousand eight hundred and sixty and the said codicil bears date on the 14th day of February 1864. And the deponent further saith that the said Christopher Engle the said testator did at the said time of subscribing his name as aforesaid at the end of the said will & codicil declare the said instruments so subscribed and now exhibited to has last will and testament & codicil and this deponent did there upon subscribe his name at the end of the said will & codicil as an attesting witness thereto and at the request of the said testor. And this deponent further saith that at the said time when the said testator subscribed his name to the said last will & codicil as aforesaid and at the time of the deponent subscribing his name as an attesting witness thereto as aforesaid the said Christopher Engle was of sound mind and memory of full age to execute a will and was not under any restraints to the knowledge information or belief of this deponent. And further these deponents say not.
Jacob Settle
Amos W. Ball
Sworn and Subscribed this
18 day of June 1869 before me.
Israel Lawton, Surrogate

I Israel Lawton Surrogate of Albany County hereby certify the foregoing to be a true copy and record of the last will and testament of Christopher Engle deceased propounded for probate and proved before me and the proofs and examinations taken before me in relation thereto.
Israel Lawton
Surrogate.