Theobald Moyer
Herkimer Co., Vol F., 387

In the name of God, Amen. I, Theobald Moyer, of the town of Manheim 
in the County of Herkimer and State of New York being well of body 
and mind, but knowing the uncertainty of this life and knowing that 
it is appointed for all men once to die, do make and publish this 
as my last will and testament in manner and form following.
Imprimis, I give and bequeath unto my beloved wife Margaret, during 
her natural life the use of the one third of my estate, both real 
and personal in lieu of dower.

Item. I give and bequeath unto my daughter Mary, the widow of Jacob G. 
Snell, the sum of thirty dollars to be paid her by my son John one year 
after my decease.

Item. I give and bequeath unto my daughter Margaret the wife of Peter 
Loucks the sum of thirty dollars to be paid to her by my son John two 
years after my decease.

Item. I give and bequeath unto my daughter Elizabeth the wife of Warner 
Dygert the sume of thrity dollars to be paid to her by my son John 
three years after my decease.

Item. I give and bequeath unto my son John D. Moyer and to his heirs 
and assigns forever all my real and personal estate I may die siezed [?] 
of, he suffering his mother to possess the one thrid as aforesaid and 
paying the bequeaths to his sisters as aforesaid.

And lastly I do nominate and appoint my son John D. Moyer my sole 
executor of this my last will and testament hereby revoking all former 
wills by me made. Theobald Moyer {seal}

Signed, sealed, and published by the said Theobald Moyer as his last will 
and testament who in our presence and we in the presence of each other 
subscribed our names as witnesses this fourth day of May 1836. Jacob Markell 
of the Town of Manheim, Herkimer County. Katharin Markell of the Town of 
Manheim, Herkimer County.

State of New York, Herkimer County, Surrogates Office. Be it remembered 
that on the 18th day of December A.D. 1838, the above last will and 
testament of Theobald Moyer deceased was admitted to probate & duly proved 
as a will of personal property & probate thereof was thereupon granted and 
at the same time said will was duly proved as a will of real property upon 
___ the oaths and evidence of Jacob Markell & Katharine Markell the 
subscribing witnesses thereto and upon such proofs taken it appears that 
said will was duly executed, that the testator at the time of executing the 
same was in all respects competent to devise real estate & not under restraint, 
which will and proofs & examinations so taken have been duly recorded in the 
proper book for that purpose provided in the Surrogates Office. {L.S.} In 
witness whereof I have hereunto set my hand & affixed my seal of office this 
Eighteenth day of December in the year of our Lord one thousand eight hundred 
& thirty-eight.
Ch. S. Benton - Surrogate ex

Herkimer County -- Surrogates Office. I hereby certify the foregoing to be a 
true record of the original will and proofs thereof of Theobald Moyer deceased 
the eighteenth day of December in the year one thousand Eight hundred & thirty 
eight.
Ch. S. Benton
Surrogate

[the following immediately precedes the will itself in the will book]

Herkimer County, Surrogates Court. To all to whom these presents shall come or 
may concern, Greeting. Know ye, that I, Charles S. Benton, Surrogate of the 
County of Herkimer, pursuant to the power in me vested by the laws of this State, 
have this day appointed and do hereby appoint William Brooks Junior of the town 
of Little Falls, Special Guardian to Moses Kellogg and Elijah Kellog minor heirs 
of Theobald Moyer deceased, under the age of twenty one years, for the special 
purpose of taking care of their interests in the matter of the proving of the 
last will and testament of Theobald Moyer aforesaid, the said William Brooks 
Junior having first covenanted and agreed in writing to be appointed, and to act 
as such Special Guardian. In witness whereof I have {L.S.} hereunto set my hand 
and affixed my seal of office, this 29th day of September in the year of our 
Lord one thousand Eight hundred and thirty eight. Ch. S. Benton, Surrogate ex.