Last Will and Testament of Martin CLIMENHAGA

Martin Climenhaga[1] was the eldest son of Henry Climenhagen. He was married to Elizabeth Damude, daughter of Henry Damude, and had four children by this union. Born in Pennsylvania in 1794 he immigrated to Upper Canada with his sister Anna and his parents in 1797. The following is the Last Will and Testament of Rev. Martin Climenhaga ‘as written:’

Letters Testamentary
In Her Majesty’s Surrogate Court
of the
County of Welland

Be it known that on the tenth day of November AD 1876 the Last Will and Testament of Martin Climenhage late of the Township of Bertie in the County of Welland, yeoman deceased who died on or about the sixth day of October AD 1876 at the Township of Bertie and who at the time of his death had his fixed peace of abode at the Township of Bertie in the said County of Welland was proved and Registered in the said Surrogate Court; a true copy of which said Last Will and Testament is hereunto annexed, and that the administration of all and singular the personal estate and effects rights and credits of the said deceased and anyway concerning his will was granted by the aforesaid Court Peter Winger the younger of the Township of Bertie aforesaid yeoman and one of the Executors named in the said will Samuel Sayler of the Township of Willoughby in said County yeoman the only other Executor, having duly renounced – he the said Peter Winger having herein first sworn well and faithfully to administer the same by paying the just debts of the deceased and the Legacies contained in his will so far as he is thereunto bound by Law and to Exhibit a true and perfect inventory of all and singular the said estate and effects rights and credits and to render a just and true account of his executorship whenever required by law so to do.
Given under my hand and under the seal of the said Court at Welland in the County of Welland this tenth day of November in the year of our Lord One Thousand eight hundred and Seventy six and in the fortieth year of her Majesty’s Reign.

[Signed] D D’Everardo
Registrar of the said Court

Probate

of the Last Will and Testament of Martin Climenhage Senior, late of the Township of Bertie in the County of Welland yeoman deceased referred to in the foregoing Letters Testamentary.

In the name of God Amen I, Martin Climenhage the elder of the Township of Bertie, County of Welland and Province of Canada, yeoman being of sound mind and memory, blessed be Almighty God for the same do make publish and declair [sic] this my Last Will and Testament in manner and form following.
First I give thanks to God that taking pity on me whom he created and placed in this world, he hath delivered me out of the deep darkness of sin into which I was plunged and has brought me into the light of his Gospel and made me a partaker of the doctrine of Salvation whereof I was most unworthy and he has not only gently and graciously borne with my faults and sins for which I deserve to be rejected of him and cast out but hath created one with such meekness and mildness that he hath vouchsafed to use my labours in preaching and publishing his Gospel.
Second I give and bequeath to my son Moses Climenhage the east part of lot number thirteen in the tenth concession of the Township of Bertie aforesaid to have and to hold the same during his natural lifetime and the natural lifetime of his wife Fanny Climenhage to hold the same and after both their deaths there the same shall be equally divided among all their children to have and to hold for themselves their heirs and assigns forever subject and charged with the following legacy to my daughter Anna Sayler of the sum of Sixty Seven dollars to be paid to my daughter Anna Sayler to have and to hold for herself her heirs and assigns forever the above legacy to my daughter Anna Sayler to be paid wherein two years after my death it being the balance of a legacy which she received from my estate
Third I give and bequeath to my son David Climenhage the west part of Lot number thirteen in the tenth concession of the said Township of Bertie having bequeathed the east part of the same lot to my son Moses Climenhage therefore the channel of Black Creek shall be the boundary line between the lands bequeathed to my son Moses Climenhage and my son David Climenhage my son David Climenhage to have and to hold for himself his heirs and assigns forever to whom I also give and bequeath all my personal property of every kind and nature whatsoever. My son David Climenhage already having paid to my son Martin Climenhage the Sum of three hundred dollars as legacy it being his share of my estate and therefore is intittled [sic] to no more.
Lastly I nominate and appoint my trusty friends Peter Winger the younger of the Township of Bertie County of Welland farmer and Samuel Sayler my son in Law of the Township of Willoughby the County of Welland farmer Executors of this my Last Will and testament to whom I hereby give full power to give deeds of conveyance and transact any business required in administering my estate hereby revoking all former wills by one made in witness whereof I have hereunto put my hand and affixed my Seal this fourth day of November in the year of our Lord one thousand eight hundred and sixty four

[Signed] Martin X Climenhage (His mark)

 Signed sealed and declared by the said Martin Climenhage the elder in the presence of us who at his request have Subscribed our names as witnesses hereto in the presence of each other

 [Signed] Solomon Barnhart
[Signed] Peter X Barnhart (His mark)
[Signed] Elizabeth Barnhart

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 Ontario
In the Surrogate Court of the County of Welland

In the goods of Martin Climenhage deceased I hereby certify that the foregoing commencing with the word “In” immediately after the printed word “Testamentary” on the second page hereof and ending with the word “Barnhart” on this page is a true copy of the original Last Will and Testament of Martin Climenhage late of the Township of Bertie in the County of Welland yeoman deceased as produced for probate and proved in the Surrogate Court of the County of Welland on the tenth day of November in the year of our Lord one thousand eight hundred and seventy six aforesaid which said Last Will and Testament now remains of record in the said Court

[Signed] D D’Everardo
Registrar of the said Court [2]

 

Footnotes    ((↵) returns to text)

  1. Martin is listed here as ‘CLIMENHAGA’ because this is the spelling that is found on his memorial stone in Black Creek Pioneer Cemetery.(↵)
  2. Township of Bertie Lot No. 13, Con. 10: Abstract No. 4; Vol. 16; Inst No. 2542(↵)
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