HERKIMER COUNTIES
WILLS & DEEDS BULLETIN BOARD, Part 4

Source: Abstracts of Wills, NY Historical Society Collection, Vol. 14, p. 51, published 1906

20 June 1786
Peter Peypher, of the District of German Flatts, in the County of Montgomery, New York, to my present wife, Gertrude, one cow, three hogs, all her woolen yarn wool, flax, linen, and spinning utensils, with the bedding, iron-ware, and clothing; Also a chest with a couple of sheep, all the pewter, to be had out of my effects after my debts have been paid; to my son Peter by my last wife, one hundred acres of land on which my son-in-law, Peter Orndorph, now lives; in case my son Peter dies before reaching lawful age, I give it to my wife, to her and her heirs forever; to my son Andrew, twelve shillings; to the heirs of my son Jacob, twelve shillings; to my wife Gertrude and her daughteres, all cash and book debts, bonds, notes, etc., which are due me after my debts are paid; the debt due to Ellis Henry, husband of my daughter Eliza, is to pay as share by deed of gift given to Eliza and her husband the lot of one hundred acres of land which I have mortgaged to Ellis; Also to my three daughters, one hundred acres of land lying in the new patent, which is called number forty-two, which may fully appear in the deed in my chest; to my daughter Elizabeth, ten shillings in full for her, more than treble part of my estate already received, after four years expires, for which I gave liberty to Peter Orndorph to improve the said land already granted to my son Peter; my wife and son Peter to reside on said farm until the latter is of age; if the premises made to me by my son-in-law, Hendrick Staring, who has given security to keep and maintain my wife for four years after my death, and Peter, my son, until he reach the age of twenty-one, are not agreeable to my wife, I order my executors to give my son into the protection of my wife, and recover from said Henry Staring the maintenance due my son until he becomes of age; to my brother Jacob, liberty to reap, mow, and thresh the wheat which was sown on the land before I gave my son-in-law the deed thereof; to give my wife the one equal half of the wheat, in order that she secure such things as are necessary for she and my son Peter. I appoint Lodowick Campbell and Hanjost Shoemaker, executors.

Witnesses: John Helmer
              Thomas Cockel, farmer
              Peter Marsh

Proved 12 Aug 1786

Will of Andreas Nabinger filed in Herkimer County Surrogate Court
(file #05587)

In the name of God amen: I Andreas Nabinger of the Town of Salisbury County of Herkimer & state of New York of the age of fifty seven years and being of sound mind and memory do make publish and declare this to be my last will and testament in manner following. Firstly & Lastly I give, bequeath and devise unto to my wife Elizabeth Nabinger all of my real & personal estate of every kind & nature belonging to me subject however to the payment of whatever debts I am now owing and subject to the maintainance of myself during my natural life both in sickness and in health and to pay all funeral expenses at death to be paid by my wife Elizabeth or by her Executor hereinafter named. And I do hereby appoint James J. Cook of Salisbury as such Executor to my estate. In witness thereof I have hereto set my hand & seal this 6th day of December in the year of our Lord one thousand Eight Hundred & seventy seven. (signature of Andreas Nabinger)(seal)

The above instrument consisting of one sheet was at the date thereof signed, sealed and published and declared by the said Andreas Nabinger as & for him to be his last will & testament in 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. (signature of Frederick Ives) Salisbury, Herkimer Co. N.Y. (signature of Charles L. Ives) Salisbury, Herkimer Co. N.Y.

Petition of Elizabeth Nabinger to probate the Will of Andreas Nabinger Herkimer County Surrogate Court file #25587

To Amos H. Prescott, Surrogate of Herkimer County:

        The Petition of Elizabeth Nabinger of the town of Salisbury in the County of Herkimer, respectfully showeth:

        That lately, on or about the 20th day of December A. D. 1877 Andrew Nabinger departed this life at his late residence in the town of Salisbury in the County of Herkimer, being at the time of his death an inhabitant of the said County of Herkimer; that said Andrew Nabinger deceased, left a certain instrument in writing, purporting to be his last Will and Testament, bearing date upon the 6th day of December in the year of our Lord one thousand eight hundred and seventy seven which relates to real and personal estate, and in said instrument your petitioner is named as legatee. And which instrument your petitioner verily believes to be the last Will and Testament of the said Andrew Nabinger deceased; that the said Andrew Nabinger died leaving the following persons surviving, to wit: (your petitioner Elizabeth Nabinger his widow aged 62 last August. Residence and Post Office address Salisbury, Herkimer County State of New York)

Annie Walrad       aged 26 residence Salisbury,  Herkimer Co.   NY 
Edward Nabinger     "   23     "     Binghamton, Broome Co.     " 
Louisa Nabinger     "   18     "     Salisbury,  Herkimer Co.   " 
Henry Nabinger      "   16     "     "            "             " 
Anthony Nabinger    "   39 residence Grant        "             " 
Jacob Nabinger      "   37 residence Binghamton, Broome Co.     NY 
Jennie Evans        "   32      "    Prospect    Herkimer Co.   " 
Mary Homrighaus     "   29 residence Salisbury,  Herkimer Co.   NY 

Who are the only and all the children of the said Andrew Nabinger and your petitioner and who are all and the only heirs at law and next of kin to said deceased. Your petitioner therefore prays that a citation may issue to the heirs at law and next of kin to the said deceased, requiring them to appear before said Surrogate, at his office in the village of Herkimer, in the county of Herkimer aforesaid, on the 2nd day of May A. D. 1881, at 10 o'clock in the forenoon of that day, to attend the probate of the said last Will and Testament of the said Andrew Nabinger deceased, and that the said Will may be proved and recorded as a Will relating to real and personal estate, according to the form of the statutes of the State of New York in such case made and provided, and your petitioner will ever pray, etc.

        Dated the 23rd day of March A. D. 1881
State of New York        (signature of Elizabeth Nabinger)
        County of Herkimer

        I Elizabeth Nabinger the petitioner named in the foregoing petition, being duly sworn, do depose and say that I have heard read the foregoing petition to which I have subscribed my name, and know the contents thereof, and that the matters of fact therein stated are true, and that the matters therein stated of my information and belief, I believe to be true.
Sworn to and subscribed before me, this 23rd day
        Of March 1881        (signature of Elizabeth Nabinger)
Orvil Leavitt
        Notary Public

Researcher's note: I included the Petition to Probate since it lists the surviving children of Andreas/Andrew and Elizabeth, Michael having died in 1846 and Martin in 1878. Note that among the children is listed Jennie Evans aged 32 and resident of Prospect, Herkimer Co. NY. This makes her birth date 1849 which coincides with the child listed in the 1855 NYS census as Peffet, in the 1865 NYS census as Jane and in the LDS file as Barbara. All three sources list the birthplace as Germany.