The Will of Israel Haviland

In the name of God Amen I Israel Haviland of the City of New York Boot and Shoe Maker deeply impressed with the uncertainty of human life and being of sound and disposing mind and memory Do make and publish this my last Will and Testament in manner following to wit

First I give and bequeath unto my son James A. Haviland the sum of Two Thousand dollars provided however if he should be indebted to me at the time of my decease then such debt if less than the said legacy shall be deducted therefrom and the balance only paid to him if equal thereto then nothing to be paid but if greater than the legacy shall be deducted from the debt and he be accounted a debtor for the difference only

Secondly I give and bequeath unto my son Robert Sheffield Haviland the sum of One Thousand dollars subject to and under the like proviso as the legacy above bequeathed to my said son James

Thirdly I give and bequeath unto each of my two daughters Sarah Ann Haviland and Hannah Haviland the sum of One Thousand dollars to be paid to them respectively at their respective full ages of twenty one years or at the expiration of one year after their respective marriages which ever shall first happen and to each of my two sons Henry Haviland and Abraham Haviland I also give and bequeath the sums of One Thousand dollars each to be paid to them respectively at their respective full ages of twenty one years and to my son Michael Edgar Haviland I also give and bequeath the sum of Twelve hundred dollars to be paid to him at his full age of twenty one years

And my will is and I do hereby direct that the said several sums of one thousand dollars and the said sum of twelve hundred dollars so bequeathed to my said five last named children shall be put out at interest and secured by Bond and Mortgage to the satisfaction of my Executors until the same shall respectively become payable as above mentioned the interest thereof in the meantime to be received by the guardian or guardians of the respective legatees and applied to their education and maintenance respectively

Fourthly as to all the residue of my real and personal estate whatsoever and wheresoever of which I may die seized or possessed or in any wise entitled unto I give devise and bequeath the same unto my beloved wife Jane for her use during her natural life if she shall so long continue my widow but in case she should happen to marry again at any time after my decease then in such event I direct that the above bequest to her shall thenceforth cease and determine and instead thereof I direct that the sum of Two thousand dollars shall be raised by sale of the said residuary estate or otherwise at the discretion of my Executors and be placed out by them at interest on Bond and Mortgage and the interest thereof be paid to her annually during her life towards her maintenance

And I hereby declare that the bequests given to my said wife in and by this my last Will are intended to be in lieu and bar of her dower and thirds of or in any part of my estate real or personal

Fifthly in case my estate should prove insufficient to pay the said legacies and bequests in full estimating the bequest or devise to my said wife at not less than Two thousand dollars then I will and direct that all the said legacies and bequests excepting the share or portion bequeathed to my wife as aforesaid shall abate proportionally

Sixthly as to such fund or so much of my estate real and personal as is bequeathed in and by this my last Will and Testament to my said wife or for her use I will and direct that whenever her interest therein shall cease and determine by death or otherwise the same shall be equally divided to and amongst all my said children excepting my said son James Haviland who shall be entitled to and receive only half of a childs share therein and also excepting my said son Robert Sheffield Haviland who shall not be entitled to nor receive any part thereof

Seventhly my will is and I do hereby direct and declare that if any difference should arise concerning any matter or thing in this my Will contained between any of the parties interested therein no suit at law or in equity shall be brought or prosecuted for or concerning the same but that all the matters in difference shall be referred to the determination of three arbitrators one of whom shall be chosen by each of the adverse parties and the said arbitrators to choose a third the decision of any two of whom shall be final and conclusive on all the parties concerned and in case of a refusal by any of the parties to submit any of such differences to arbitration in manner aforesaid after a reasonable notice and demand in writing for that purpose the party so refusing shall forfeit his or her legacy or bequest aforesaid and the same shall thereupon be held and considered as part of my residuary estate aforesaid and be distributed accordingly excepting that the child or children so refusing shall not have any portion thereof.

Lastly I do hereby nominate and appoint my beloved wife Jane and my respected friends David Marsh Butcher and John Hatzlinger Merchant of the City of New York and John Hatzlinger Junior Merchant of New Brunswick in the State of New Jersey to be the Executors of this my last Will hereby revoking former and other Wills and I do hereby empower my said Executors or the Major part of them to sell and dispose of all my estate both real and personal at public Auction or private sale for cash or upon credit and at such time or times as they shall in their discretion deem most fit and expedient for fulfilling the purposes of this my Will

In witness whereof I have hereunto set my hand and seal this twenty fifth day of January in the year of our Lord one thousand eight hundred and nineteen

Israel Haviland

Signed Sealed published and declared by the said Testator as and for his last Will and Testament in the presence of us who at his request and in the presence of each other have subscribed our names as witnesses thereto this will written on three pages of paper each signed by the Testator

Edward Taylor
Thomas Richards
Stephen Van Dyck

The People of the State of New York by the grace of God free and independent to all to whom these presents shall come or may concern Greeting Know ye that at the City and County of New York on the day of the date hereof before Silvanus Miller Esquire Surrogate of our said County the last Will and Testament of Israel Haviland deceased a copy whereof is hereunto annexed was proved and is now approved and allowed and the said deceased having whilst he lived and at the time of his death goods chattels or credits within this State by means whereof the proving and registering the said Will and the granting Administration of all and singular the said goods chattels and credits and also the auditing allowing and final discharging the account thereof doth belong unto us the Administration of all and singular the goods chattels and credits of the said deceased and any way concerning his Will is granted unto Jane Haviland the relict David Marsh and Jacob Brilland two of the Executors in the said Will named they being first duly sworn well and faithfully to administer the same and to make and exhibit a true and perfect inventory of all and singular the said goods chattels and credits and also to render a just and true account thereof when thereunto required

Witness Silvanus Miller Esquire Surrogate of the said County at the City of New York the eighth day of November in the year of our Lord one thousand eight hundred and nineteen and of our Independence the forty fourth

Silvanus Miller

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Notes for Context (Genealogical)

– The will names all surviving children, establishing the complete sibling group.

– Unequal legacies reflect differentiated prior advancement or financial status.

– Age-based payment provisions indicate several children were minors in 1819.

– Jane Haviland’s interest is life-only and conditional on widowhood.

– Residue distribution clauses are key evidence of family dynamics.

Editorial Footnotes

– Debt-offset clauses indicate ongoing financial relationships between Israel Haviland and his sons.

– Exclusion from residue does not constitute disinheritance under early 19th-century practice.

– Mandatory arbitration suggests anticipated family disagreement.

– Non-family executors were commonly selected to ensure neutrality.

– Probate jurisdiction confirms New York City residence at death.

Child-by-Child Abstract

Child	Legacy	Residue Status
James B. Haviland	$2,000 (debt offset possible)	½ child’s share
Robert Sheffield Haviland	$1,000 (debt offset possible)	Excluded
Sarah Ann Haviland	$1,000	Full share
Hannah Haviland	$1,000	Full share
Henry Haviland	$1,000	Full share
Abraham Haviland	$1,000	Full share
Michael Edgar Haviland	$1,200	Full share

Robert most likely received less because on an earlier visit to New York, his mother gave him $1000 after he offered a prayer.