Christian Kaub's Will 1805
Christian Kaub
1757 - 1805
Christian Kaub's Will 1805
Translation of Christian's will.
"In the name of the holy Trinity Amen. Whereas the Holy Scripture says you must die, and not remain alive, so I commend my poor Soul to the Lord, and my Body I give to the Earth, and conclude in this my last will as follows, First shall my land which I have in my Titles be sold to the highest bidder at public vendue and the executors shall [??] as to the purchase money, and the [??] themselves, further all my personal estate shall be sold at public vendue, but my wife Catherine shall have a cow and a swine to wit the first choice of both herds, and the third part of the personal estate, shall belong to my wife Catherine, Secondly, after the vendue shall have been held, then my son Christian shall have ten pounds beforehand, and then the executors shall paid the debts and the remaining money shall be shared in equal shares among the remaining heirs, First my daughter Anna Maria shall have the first share, and then according to their age unto the youngest to wit Christian, Peter, John, Jacob, Andrew and Michael. And after the purchase money and the vendue money is shared then the [bonds?] of the remaining money shall remain in the executors hands, and pay yearly a bond as it [??] due unto the next heir, according to their age, Thirdly, my wife Catherine shall have out of the plantation as follows, to wit, five bushels of wheat, fifteen bushels of Rye, five bushels of buckwheat, and one hundredweight of pork, and fifty pounds of beef, and if there are apples two barrels of cyder, ten weight of flax, and twelve dollars in money, further, the owner of the land is bound that Catherine Kaub may possess the room which she at present lives in, as long as she lives. Further, the owner of the land is bound, if they cannot live in peace together, he must build her a house near to the spring, where the spring house stands, near the orchard, and a stable for the cow, and and further [??] for the cow, must deliver yearly in the stable, and the lower part of the garden where the door is, unto the other door, what is below the first road, and a quarter of an acre of land must be given unto her for potatoes the owner must plough the land and prepare it with his potato land, further the owner of the land must take the grain to the mill for Catherine, as she may want it, and must bring it home again, and must cut her wood and haul it, and cut it small enough fit to make fire as much as she may want. One of the two stoves, my wife Catherine shall have in her use as long as she lives, after her death the stove must fall to her heirs, the cow must go on the place where the owners cow goes further should my wife Catherine get sick and feeble then and in that case the owner of the land must wash, mend and wait on her only, my [??] sons as Christian and Peter, I appoint as executors, and empower them to make a good title to the purchaser. I acknowledge in virtue of my subscribed name, and my there unto affixed seal that this is my last will and testament and that every thing shall be kept accordingly this day the 18th day of May 1805"
Note [??] indicates word[s] that cannot be decyphered on the copy provided.
<<It is our opinion that the wording of the will, specifically "... the executors shall paid the debts and the remaining money shall be shared in equal shares among the remaining heirs, First my daughter Anna Maria shall have the first share, and then according to their age unto the youngest to wit Christian, Peter, John, Jacob, Andrew and Michael", indicates that Anna Maria is not necessarily the eldest. If Anna Maria was, in fact, the eldest, then sharing the money "according to their age unto the youngest" would have achieved Christian's intention. That he ensured that Anna Maria was dealt with before her brothers implies that she may have even been the youngest, or at least the only daughter. Other researchers insist on ordering the children as mentioned in the will, without regard to the wording of the will.>>