Will of Christian R. Shantz

Christian R. Shantz (1779-1856) was the first Shantz pioneer to arrive in Waterloo County.  He wrote this will on March 16, 1853 and added a codicil on June 5, 1855.  He died Nov. 9, 1856.

Image of the Hand-written Will

1   (First page only)

Text of the Will of Christian R. Shantz

In the name of God, Amen, I Christian Shantz, of the Township of Waterloo, in the County of Waterloo, in the Province of Canada, Yeoman, being sickly and weak of body, but of sound and disposing mind and memory, and being desirous of settling my worldly affairs while I have strength and capacity so to do, do make and Publish this my Last Will and Testament hereby revoking and making null and void all other Last Wills and Testaments by me heretofore made;

And as to my worldly Estate and all the property, real personal or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease, I devise, bequeath and dispose thereof in manner following; To Wit. Imprimis.  My will is that all my just debts shall by my Executors hereinafter named, be paid out of my Estate as soon after my decease as shall by them be found convenient.

Item.  I give, devise and bequeath to my beloved Wife Magdalena Shantz, Two beds with bedsteads and bedding, one case of drawers with its contents, one chest and its contents, one [?], my clock and clockcase, ,six sitting chairs, and so much kitchen furniture and dairy utentials such as she may choose for her own use, one cow and one horse of her won choosing out of my cows and horses,  six sheep, one side saddle, my stove with pipe and furniture, and so many of my books as she may choose for herself, and also two hundred dollars in money to be paid to her yearly, in each and every year by my sons herein after named, within six months after my decease for and during her natural life, to have and to hold the same to her, and her Executors, administrators and assigns for-ever.

Item.  I give and bequeath to my son John C. Shantz, that certain parcel or tract of land, being composed of lot number fourteen, north side of Erbs road, containing two hundred acres more or less, and also lot number eleven, south side of Erbs road, in the Township of Wilmot, containing two hundred acres more or less, and a part of lots numbers fifteen and sixteen [in the] first concession Block B, containing one hundred acres more or less, and also a part of the North part of lot number sixteen, north side of Erbs road, in the said Township of Wilmot, containing seven acres, more or less, all of which I have valued at the rate of six thousand five hundred dollars, to have and to hold to him the said John C. Shantz, his heirs and assigns for-ever.

Item.  I give and bequeath to my son Jonas C. Shantz that certain parcel or tract of lands being composed of lots number ten and fifteen containing four hundred acres more or less, and also a part of lots number eleven, five acres of cedar swamp more or less and also that part of lot number sixteen lying on the east side of the river all on the north side of Erbs road, in the Township of Wilmot of which I value at six thousand five hundred dollars, to have and to hold to him the said Jonas C. Shantz, his heirs and assigns for-ever.

Item.  I give and bequeath to my son Eli C. Shantz all them certain parcels or tracts of land, being composed of apart of lots number one fifty five, and fifty two in the Township of Waterloo, containing four hundred and forty eight acres more or less, and also lot number fourteen south half in the first concession Block B in the Township of Wilmot, containing one hundred more or less, all of which I value at six thousand five hundred dollars, to have and to hold to him the said Eli C. Shantz, his heirs and assigns for-ever.

Item.  I give and bequeath to my son Noah C. Shantz my farm where I now live on, being apart of lot number fifty two in the Township of Waterloo containing two hundred and forty acres more or less, and also lots number eleven and twelve, the north halves, in the first concession Block B in the Township of Wilmot, containing one hundred and seventy acres more or less, all of which I value at six thousand five hundred dollars, to have and to hold to him the said Noah C. Shantz, his heirs and assigns for-ever.

Item.  I give and bequeath to my daughter Barbara Shantz, now intermarried with John Boesicker, that certain parcel or tract of land situated in the Township of Blandford in the County of Oxford, being composed of lot number one and the ninth concession in said Township, containing two hundred acres more or less, ,to have and to hold the same to her and to him, for and during her and his the said Barbara and John's natural life.  And in the case that she has no heirs, that is a child or children, then and after the death or decease of her and him, the proceeds of said parcel or tract of land, shall be equally divided amongst my sons and daughters then living, and if not aliving, then to their heirs at law, share and share alike.

Item.  I give and bequeath to my daughter Susannah Shantz that certain parcel or tract of land situate in the Township of Wilmot in the County of Waterloo, being composed of lot number twelve in the second concession, Block B, in said Township containing two hundred acres, more or less, to have and to hold the same for and during her natural life.  And in case that she intermarries with any person or persons, the person so married with her or to her shall have the use, priviledge, and benifit of the above said lot, for and during his natural life also.  And if in case that she has heirs, the proceeds of the above lot to be divided amongst her heirs.  And if in case that she has no heirs, that is a child or children, then and after the death or decease of her and her husband, the proceeds of the said parcel or tract of land, shall be equally divided amongst my sons and daughters then living.  And if not aliving, then to their heirs at law, share and share alike.

Item.  I give and bequeath to my son Isaac C. Shantz that certain parcel or tract of land being composed of apart of lot number one in the Township of Waterloo containing one hundred and fifty two acres more or less valued at two thousand two hundred dollars, and also apart of lots numbers two and three, north side of Bleams road in the Township of Wilmot containing one hundred and fifty acres more or less valued at two thousand three hundred dollars, and is to have fifteen hundred dollars more to be equal with my other sons.  Excepting the five hundred dollars, which my before named [missing] to pay out of their shares to my said daughter after my decease [missing] have and to hold to him the said Isaac C. Shantz, his heirs and assigns for-ever.

Item.  And further, I do order and bequeath that my said before named sons John C. Shantz, Jonas C. Shantz, Eli C. Shantz, and Noah C. Shantz, their and each of their heirs, executors, and administrators, to pay or cause to be paid unto my beloved wife Magdalena Shantz, her heirs and assigns within six months after my decease, the sum of fifty dollars each to be paid by each of them to her in each and every year that my occur during her natural life, then to be null and void.

And also, I do order and bequeath that my said before mentioned or named sons John C. Shantz, Jonas C. Shantz, Eli C. Shantz, and Noah C. Shantz, their heirs and each of their heirs, executors, and administrators, shall pay or cause to be paid unto my said daughter Barbara, intermarried with John Boesiker, and my said daughter Susannah Shantz, the Interest of five hundred dollars above mentioned, which being included in my said sons shares, the said interest to be paid within one year after my decease to each of my said daughters, the sum of fifteen dollars each, in each and every year which may occur during their and each of their natural lifes.  And after the death or decease of my said daughters, the said five hundred dollars shall be paid by each of my said sons and be equally divided amongst the heirs of my said daughters, if they have heirs, and if in case that my said daughters have no heirs, then the said five hundred dollars to be paid by each of my said sons, and divided equally amongst my heirs at law within one year after the decease of my said daughters, Barbara and Susannah or either of them.

Item.  I give and bequeath to Christian and Noah Shantz, sons of Jonas C. Shantz, that certain parcel or tract of land being composed of apart of lot number sixteen, north side of Erbs road in the Township of Wilmot, and being that part of said lot lying between the Village lots of Willby and the river containing 15 acres, more or less, to have and to hold to them, their heirs and assigns for-ever.

Item.  I give and bequeath to Abraham Shantz, son of John C. Shantz, that certain parcel or tract of land being a Village lot number seven in the Village of Willby, north side of Main street, to have and to hold to him, his heirs and assigns for-ever.

Item.  I give and bequeath to Christian Shantz, son of Isaac C. Shantz, that certain parcel or tract of land being a Village lot number eight in the Village of Willby, north side of Main street, to have and to hold to him, his heirs and assigns for-ever.

Item.  All the rest and residue of my estate, real, personal, or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease, I give, devise, and bequeath to be equally divided to and amongst my said sons and daughters, their heirs and each of their heirs,  executors, administrators, and assigns for-ever.

And lastly, I do nominate and appoint my fried Benjamin Bowman living on lot number fifty one of Waterloo, and my said sons, Eli C. Shantz and Noah C. Shantz to be the Executors of this my Last Will and Testament.

In witness whereof I have hereunto set my hand and seal the sixteen day of March in the Year of our Lord one thousand eight hundred fifty three.  And I give my said executors ample power & authority to execute & deliver deeds for the conveyance of any of my estates, the same as if I was living myself.

Signed, sealed, and declared by the said Christian Shantz to be his Last Will and Testament, in the presence of us.

Christian C. Snyder [signed]
Michael Myers [signed]                                            Christian Shantz [signed]

 

Codicil To The Within Will

I Christian Shantz, named as the Testator in the within Will to which this is annexed (or within named) do hereby make this present Codicil, which I do order and direct, shall be taken as a part of my annexed or within Last Will and Testament.  And in all respects I do hereby Publish and affirm that my said Executors in the within Will before named, their Executors, administrators and assigns, shall have and hold the controle over the rear three quarter of lot number two, north side of Bleams Road, in the Township of Wilmot, for apart of my son Isaac C. Shantz share within named;  But this devise and bequest is made on these conditions, that whereas I became Bondsman for my said son Isaac C. Shantz, for a certain amount of money; And now, if my said son Isaac C. Shantz shall pay the said Bondsmanship or amount of money [illegible words] for him, ,then he is to have the said above devise or bequest, or such part thereof as may be left, and if he shall not so pay the said Bondsmanship or Bailship or amount of money, then my said Executors shall sell and dispose of the same or so much thereof as may be required to satisfy the said Bailship or amount of money which I became bound for.  And I do authorise and empower them to Execute and deliver deeds to convey any or all of the said rear three quarter of lot number Two aforesaid.

In witness whereof,  I the said Christian Shantz have to this my Codicil set my hand and seal, this Fifth day of June, in the year of our Lord one thousand Eight hundred and fifty five.

Signed, Sealed and declared in the presence of us, who have subscribed our names as witnesses hereto.

Winford Stoltz [signed]
Michael Myers [signed]                                               Christian Shantz [signed]

 

Up ] 1930 Shantz Reunion ] [ Will of Christian R. Shantz ] Will of Noah C. Shantz ] Narrative of a Journey to Manitoba ]

Documents transcribed by Darren Arndt.  Spelling is kept as it is in the original document.

Last updated January 29, 2005