Will of Captain Benejah Whipple

Will of Captain Benejah Whipple

Lynda Ozinga (Ozlynn@chartermi.net) transcribed the handwritten will below and submitted it to the Whipple Website. (See Benejah's page in the Whipple Database.)

Will from Sampubco Site, Otsego Co., New York

(Visit Benejah's page in the Whipple Database


"In the name of God Amen, I Benajah Whipple of Otsego County of Otsego and the State of New York aware of the uncertainty of this mortal life and being of sound mind and memory, Blessed be Almighty God for the same, do make this my last will and testament in manner following:

First: I give and bequeath to the heirs of Benejah Whipple and James Whipple, deceased, one dollar to the heirs of Benajah and one dollar to the heirs of James to be equally divided among them, in addition to what I have already given them.

I also give and bequeath to my daughters Esther Converse, and Abigail Burlinggame, & Tabithy Price, one dollar each in addition to what I have already given them.

The above legacies to be paid over one year after my decease.

As to the remainder of my estate, both real and personal, I give and bequeath to my sons, Eseck Whipple, Barnet Whipple and Reuben Whipple, to be equally divided among them within one year after my death, and I do hereby appoint my son Barnet Whipple to be Executor of this my last will and testament, hereby revoking all former wills by me made. In acknowledgement thereof, I have set my hand seal this seventeenth day of November in the year of our Lord, One thousand eight hundred & Fifteen.

Signed, Sealed, published & declared by the above named Benajah Whipple, to be his last will and testament in presence of those who have hereunto subscribed our names as witnesses, in the presence of the testator, Asahel Whipple, Daniel Potter Jr., Simeon Whipple

I Benajah Whipple of Otsego County of the State of New York do this sixth day of March in the year of our Lord 1816 do make and publish this codicil to my last will and testament in manner following, that is today I give and bequeath to the heirs of my son Benajah Whipple deceased, namely Rhoda, Winsor, Sarah, Emelia, ten dollars each to be paid to them in addition to what I gave them in my will to be paid to them by my executor out of my estate when the said heirs shall become of lawful age or shall marry and lastly it is my desire that this my present codicil be annexed to and made a part of my last will and testament to all intents & purposes - In writing thereof I have set my hand and seal this sixth day of March one thousand Eight hundred & sixteen & also ten dollars to Esther Price within two years after my decease.

Signed, Sealed, published & declared by the above named Benajah Whipple as a codicil to the annexed of his last will & testament in the presence of Asahel Whipple, Jonathan Scoparonn, Patty Price"

This will copy is preceded by: State of New York, County of Otsego, Be It Remembered, that on the eighth day of June, in the year of our Lord, One thousand and sixteen, personally appeared before me, Ambrose L. Jordon, Asahel Whipple, one of the subscribing witnesses to the Will of Benajah Whipple, late of the town of Otsego, in the said County, deceased; who being duly sworn declared that he did see the said Benajah Whipple seal and execute the written Instrument, of which the annexed is a copy, purporting to be the last will and Testament of the said Benajah Whipple, bearing date the Seventh day of November in the year of our Lord one thousand eight hundred and fifteen and heard him publish and declare the same as and for his last will and testament; that at the time thereof, he the said Benajah Whipple was of sound disposing mind and memory to the best of the knowledge and belief of the said Benajah Whipple together with Daniel Potter, Jr. & Simeon Whipple the other witnesses to the said will, severally subscribed their hands and names to the said will, as witnesses thereto in the presence of the testator and of each other.