From Coast to Coast

Last Will & Testament
Records

- Last Will & Testaments -

| Eliphaz Fish | Nathan Case | Nellie E. Fish |

The Last Will & Testament of

Eliphaz Fish

b. 9 November 1735 d. 13 January 1805
-- top --

The Will of Eliphaz Fish deceased
[page 1]
In the name of God amen. I Eliphaz Fish of the Town of Malta in the Coun-
ty of Saratoga and State of New York being of sound mine and memory do
make and publish this for my last will and testament  - First -  I give &
bequeath to my dear wife all the Cattle, horses and sheep that I shall
die possessed of that may belong on my Farm to her own use and to be
her own property, also two certain notes of hand that she holds, the one
of about forty pounds against Eliphaz Fish Junr~ and the other of about
thirty thirty pounds against John Fish.  I also give and bequeath
unto my beloved wife the whole of household furniture and every
article thereof, also the use and occupancy of the one equal half part of

[page 2]
the farm I now live on containing one hundred acres with the one
half of the Barns out houses and gardens and one of the Rooms in
the house to be of her own choice during her natural live.  This last
bequest however is upon this express condition that in case my said
wife shall marry again after my discease she is not in that case
to have the use and right to the one half of the said farm but my
will and order is that she is to enjoy the one half of said farm
no longer than she remains my widow and further it is my wife
and I do give and bequeath unto my said wife to be paid to her by
my Executors out of my Estate annually the sum of seven pounds
during her widowhood.  Secondly I give and bequeath unto my son
John the Farm I now live on containing about one hundred acres subject
to the incumbrances hereinbefore mentioned in the bequest I have made
to my wife and also upon this express condition thay my said son John
before the said Farm shall be his he shall pay to my Daughters Joanna
Moshier, Sarah Stewart, Lydia and Chloe the following Legacies and at
the following times.  That is to say to my Daughter Joanna Moshier the
sum of twenty shillings in addition to the fifty pounds she has already re-
ceived.  To my Daughter Sarah Stewart the sum of twenty shillings in
addition to the fifty pounds she has already received, these two last
bequests to be paid within six months after my discease.  And to my
Daughter Lydia the sum of fifty one pounds and to my Daughter
Chloe the like sum of fifty one pounds these two last bequests to be
paid by my son John before he shall be the sole owner of the said farm
and to be paid them within one year after my discease or when they
shall respectively become of the age of twenty one years and I do give
and bequeath to my said son John all my out lands which I may
hold at my discease either by deed, lease or possession and to his heirs &
assigns for ever,  And I do give and bequeath unto my son Eliphaz in
addition to what he has already received from me (which I value at five hundred

[page 3]
pounds) the sum of forty shillings to be paid him by my son John in manner
aforesaid -- I give and bequeath to my son George Washington in addition to
the sum of five hundred pounds he has already received the sum of forty shil-
lings to be paid him by my son John in manner aforesaid.  And I do
further give and bequeath to my son John all my Farming utensils
and all my personal property that I shall die seized of and not herein
before particularly bequestted and mentioned after my Executors
hereafter specified shall have paid all my just Debts and I do hereby
appoint my two sons Eliphaz Fish Junr~ and John Fish to be the ex-
ecutors to this my last will & testament ---- And further whereas the
said John Fish my son is now indebted to me the sum of one hundred
pounts the interest whereof I have before herein directed to be paid
to my wife after my discease annually during her widowhood.  I do
give and bequeath the same to my said four Daughters to be divided
between them equally after my discease and after the discease of my
wife or the termination of her widowhood which farm I have given
to my said son John shall be holden for the same _____ my said
son John shall fully have paid the same to them.  In witness where
of I have hereto set my hand & seal the this twentieth day June in
the year of our Lord one thousand eight hundred and three Eliphaz
Fish [seal].  Signed sealed published and declared by the said Eli-
phaz Fish to be his last will and testament in presence of us
the words after my Executors shall have paid all my just debts
being first interlined between the 10~ and 11~ lines of the 3rd page
Robert Newphill, Seth C. Baldwin, Levi Newphill

Saratoga County ss:   Be it remembered that on the eighteenth day of
March in the year of our Lord one thousand eight hundred and
five personally appeared before me Henry Walton Surrogate of the
County of Saratoga Eliphaz Fish Junr~ and John Fish in the above
will named who were duly sworn to the faithful performance and
execution of the said will And be it further remembered that on

[page 4]
on the twentieth day of March aforesaid in the year aforesaid per-
sonally appeared before me Surrogate as aforesais Robert Newphill
and Seth C. Baldwin two of the subscribing witnesses to the written(?)
written will who being duly sworn on their oaths declared that they
saw Eliphaz Fish sign and seal the said Instrument in writing per-
porting to be the last will & testament of him the said Eliphaz Fish
that they heard him publish and declare the same as and for his last will
and testament and that at the time thereof he the said Eliphaz Fish
was of sound mind memory and understanding to the best of their
knowledge and belief and that the names of the said Robert Newphill
and Seth C. Baldwin subscribed to the said will are respectively of their
own proper hand writing and that they subscribed their names hereto
in the presence of the Testator and that Levi Newphill the other sub-
scribing witness hereto subscribed his name in the presence of the
testator.
          Henry Walton

          The people of the State of New York by the grace of
          God free and independent to all to whom these presents
          shall come or may concern said greeting know ye
that at Ballstown in the County of Saratoga on the twentieth day of
March _____ before Henry Walton Esquire Surrogate of the County of
Saratoga the last will and Testament of Eliphaz Fish deceased (a copy
whereof is hereunto annexed) was proved and is now approved and allow-
ed of by us and the said deceased having whilst living and at the
time of his death goods chattels or credits within this State by means when
of the proving and registering the said will and the granting administration of
all and singular the said goods chattels & credits and also the auditing allow-
ing and final discharging the account thereof doth belong unto us the
administration of all and singular the goods chattels & credits of the said deceased
and any way concerning his will is granted unto Eliphaz Fish Junr~ and

[page 5]
John Fish Executors in the said will named they being first duly sworn
will and faithfully to administer the same and to make and exhibit
a true and perfect inventory of all said singular the said goods chattels
and credits and also to tender a just and true account thereof when
hereunto required. In Testimony whereof we have caused the seal of
office of our said Surrogate to be hereunto affixed.  Witness Henry Walton
Esquire Surrogate of our said County at Ballstown aforesaid the twenti-
eth day of March in the year of Lord one thousand eight hundred and
five and our Independence the twenty ninth.
[signed] Henry Walton

Notes:
The will of Eliphaz Fish was signed & sealed 6/20/1803.
The will was proved 3/20/1805.

The Last Will & Testament of

Nathan Case
[Father of Joanna (Case) Fish - wife of Eliphaz Fish, sr]

b. 2 July 1714 d. abt 1802
-- top --

The last Will & Testament of Nathan Case
Registered this 29th of June 1801
[page 1]
The last Will and Testament of Nathan Case - Whereas I Nathan Case
of the Town of Stanford and County of Dutchess and State of New York being of a
sound disposing mind and memory tho [hic] weakely [hic] in boddien [hic] and calling to mind
the mortality of my boddie [hic] and being favored with some outward Estate do
make and order this my last Will and Testament in manner and form following.
Followeth Viz. Imprimus firstly I direct that my bodie [hic] be decently buried
according to the order of Frds [Friends] and then some convenient time after all my depts [hic] due
unto me be called in and all my just depts [hic] paid and fully satisfyed [hic] by my Executors
hereafter named - Imprimus I then give to Mary Tow daughter of Ebenezer Locy Ten
pounds I then give to my Son Jonathan Case ten shillings in addition to what I have
heretofore giveen [hic] him I have give to my son Wm Case ten shillings in addition to what
I have heretofore given him he having had the grat [hic] part of my Estate heretofore Nathan
Case Junor [hic] my Grandson son of Nathan Case ten shillings. Item I then give unto John
Fagersons Daughter Chloe five dollars and to Asa Rhodsis Son N__athan five dollars
more, and what shall then be left to be equally divided between my Daughters as
hereafter named to wit Joanah Fish, Sarah Brown, Lydia Baker & Patience Smith
to be divided and handed to them by my executors hereafter named - Finally
& lastly I do hereby constitute ordain and appoint my trusty and esteemed friends Davis
Reynolds and Joseph Mitchel Executors to this my last Will & Testament desiring them in
much respect to take this trust upon them and endevr [hic] to hav [hic] this my will duly
fulfild [hic] according to the true intent and meaning thereof - And I do hereby revoke
and make nul [hic] and void all other Wills and Testaments by me heretofore
maid [hic] ratifying and confirming this and no other to be my last will and testament.

[Page 2]
In Witness wherof [hic] I have hereunto set my hand and Seal this third day of the fifth
month eighteen hundred 1800 Nathan Case Sighned [hic] Sealed and declared by the
Nathan Case as his last Will and Testament
Nehemiah Finch Shadrack Willbur
Shadrack Walll Smiton Brownell.

Columbia County SS Be it remembered that on the twenty and ninth day of
June in the year of our Lord one thousand eight hundred and one Shadrack Wilbur &
Smitton Brownell of the Town of Chatham in the county of Columbia personally
appeared before me William W. Van Ness Surrogate of the said County and being of the Peoples called Friends being
duly affirmed says that they saw Nathan Case sign and seal the above Instrument
purporting to be his last Will and Testament & heard him publish & declare the same
as and for his last Will and Testament - That at the time of executing thereof
the said Nathan was of sound and disposing mind & memory to the best of the
knowledge & belief of these Affirmants and that Nehemiah Finch & those Affirmants
severally subscribed their names as Witnesses to the said Will in the presence
of the Testator -
W W Van Ness
Surrogate

Columbia County SS Be it also Remembered that on the said twenty
ninth day of June in the year of our Lord one thousand eight hundred & one Joseph
Mitchell [inserted] one the Executors in the above will named [end insert]
being of the people called Friends personally appeared before me William
W. Van Ness Surrogate of the said County and was duly qualified to the full
performance & execution of the said will by taking the affirmation by Case
appointed -
W W Van Ness
Surrogate

The People of the State of New York by the Grace of God Free and
Independent. To all to whom these Presents shall come or may concern & show
Greeting Know ye that at Claverack in the County of Columbia and

[Page 3]
State aforesaid on the day of the date herefor [hic] before William W Van Ness Esquire Suro-
gate of our said County the last Will and Testament of Nathan Case Deceased a copy
whereof is hereunto annexed was proved and is now approved and allowed by us and the
said Deceased having whilst he lived and at the time of his death Goods, Chattles, & credits
within this State by means whereof the proving and registering this said instrument the granting
administration of all and singular the goods chattles and credits and also the crediting allowing
and final discharging the account thereof doth belong _________ viz. The administration of all and
singular the goods, chattles and credits of the said deceased and anyway concerning his Will is granted
unto Joseph Mitchell one of the executors on the said will named being of the People called Friends having &
duly affirmed will and faithfully to administer _________ and to make & exhibit a true and perfect Inventory of
all and singular the said goods, chattles, and credits and also to render a just and true account thereof when
Thereunto required - In testimony whereof we have caused this Seal of Office of our sais Surrogate to be hereunto affixed - Witness

William W. Van Ness Esquire Surrogate of our said County at Claverack twenty ninth day of June in the year of our
[Lord] one thousand and eight hundred & one SS of our Independence the twenty fifth -
W W Van Ness
Surrogate

Notes:
Joanna (Case) Fish, daughter of Nathan Case, is listed in her father's will

The Last Will & Testament of

Nellie E. (Short) Fish

b. 1 January 1841 d. 9 January 1919
-- top --

The Will of Nellie E. Fish deceased
I Mrs. Nellie E. Fish of the county of Clinton, Hammersley Fork, State of Pennsylvania being of sound mind and memory, do make and publish this my last will and testament in manner and form following that is to say:

First Part.  It is my will that my funeral shall be conducted without pomp, unnecessary parade or ostentation, and that the expenses thereof, together with all my just debts be fully paid.
[Note added]  Ida Shephard - Rochester N.Y.  $100.00

Second Part.  I give and devise to my eldest daughter Mrs. Flora Moore, of said town of Franklin and state of Pennsylvania, The piece of land, across the road, where the barn stand, bounded on the north by the lot of the M. E. Church, and on the east by Trout Run, on the south by the public road and on the west by the road going up Trout Run.

Third Part.  I give and devise to my second daughter Mrs. Mabel E. Strock of said town Buffalo and state of [- - Pennsylvania- -]New York, The piece of the land where the house stand with all house & contents and everything on said piece of land bounded on the north by the public road, on the east by Trout Run, on the south by the land of Minnie Calhoun, on the west by the public road.

In Witness whereof, I have hereunto set my hand this 15 day of November A. D. 1917.
     (signed) Nellie E. Fish

Signed, published, and declared by the above named Mrs. Nellie E. Fish, as her last will and testament, in presence of us, who at her request, have signed as witnesses of the same.
   (signed) Mrs. Arthur Summerson
   (signed) Mrs. A. G. Calhoun

Sworn and subscribed before me this 15 day of November A. D.
     (signed) A. G. Calhoun
          Justice of the Peace

[Note: Following was added to the end of the will]

My masonic charm for Flora B. Moore as long as she lives, it then goes to Mable Strock in case of her death,  To Flora Moore's next eldest daughter Edna Moore.
My watch for Mable Strock

Notes:
The will of Nellie Fish was signed & sealed 11/15/1917. It is a hand-written document.
The will was proved 7/2/1919.
Nellie E. (Short) Fish, wife of Edward M. Fish, son of Moses & Mary (Millard) Fish.

This genealogy site was created by and is maintained by: Mike Smith :

This site was last updated: 03 August 2003

Hosted by www.Geocities.ws

Last Will & Testament Records

From Coast to Coast

Last Will & Testament
Records