Last Will and Testament of Martin BYERS

Will-of-Martin-ByersWhat follows is the will of Martin Beÿer/Byers “as written.” In it he names Henry Climenhagen as an executor. The current working theory is that Barbary, Henry’s wife named in his own will, is the daughter of Martin Beÿer/Byers. However, no direct connection has yet been found.

In Henry’s will dated 15 December 1804 he names “Barbery my beloved wife” as an executor. In the will of Martin Beÿer/Byers of Bertie Township (below) he considers “my well beloved daughter Barbary” and states “I do hereby constitute and appoint… Henery Clymenhagen…of the aforesaid township of Bertie to be my Executor.” Henry’s inclusion as an executor suggests he may have been related by marriage to one of Martin’s daughter’s—specifically Barbary. Sadly, when the time came Henry did not serve as executor of Martin’s will as he had died six months previous.

Last Will and Testament of Martin Byers

“In the name of God amen I Martin Byers of the township of Birtie in the county of Lincoln and province of Upper Canada being of perfect mind and memory and calling to mind the uncertainty of this transitory life and that all men that is born must onst die have ordered my affairs in manner and form following that is to say first I give and bequeath my soul to Almighty God that gave it and my body to the Earth to buried in decent Christian burial at the discretion of my Executor hereafter named in sune and sartain hopes that God will raise it again at the general resurrection of Mankind – and as for the temporal estate which it has pleased Almighty God to bless me with in this life I give and bequeath in manner and form following that is to say I give and bequeath to my eldest son Jacob one hundred acres of land lying in the township of Burford which he shall not sell nor dispose of before it is improved during the term of seven years and then not during his natural life without the consent of his wife and children and to my well beloved son Martin I give and bequeath the sum of five pounds and my well beloved daughter Marey having received her part of my estate I give and bequeath the same to her and to my well beloved son Moses and my well beloved daughters Barbary and Anne I give and bequeath all the remaining part of my estate Rail and personal to be equally divided amongst them and further I do hereby constitute and appoint my well beloved son Moses Byers and Henery Clymenhagen and Daved Deamud all of the aforesaid township of Bertie to be my Executors of this my last will and testament hereby revoking and disannulling all other former wills and bequests what forever hereby acknowledging this only to be my last will and testament in witness whereof I have hereby set my hand and seal this thirteenth day of November in the year of our Lord one thousand eight hundred and two.

Signed sealed acknowledged and delivered in presence of”
[signed] Benjamin Beker
[signed] Martin Beam

[signed] Martin Beÿer

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“District of Niagara
In the Surrogate Court

Be it remembered that on the 25th day of December in the year of our Lord 1805 personally came and appeared before me Robert Kerr. Surrogate for the District of Niagara Benjamin Beker of Bertie Tanner & Currier and Martin Beam of Willoughby Farmer who affirmeth and declares (being Menonists) that they were present and saw the testator Martin Boyer sign & seal the above as his last will & testament and that the affirmants also signed as witnesses in the presence of the testator & of each other.

Affirmed before me at Niagara” [signed] Robert Kerr Surrogate—District of Niagara
[signed] Benjamin Beker
[signed] Martin Beam

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