George Girling – 1814-1892

Last Will and Testament

[These are extracts from the Last Will and Testament of George Girling taken from microfilms of Waterloo County Wills. This Will is numbered 2604, on reel number 672 that contains Wills from 2563 to 2663 which are Wills from the end of 1892 and the start of 1893.]

Following the cover and a page ordering that the Probate of the Will and Codicil of the deceased be granted:

No. 2604
In the Surrogate Court of the County of Waterloo
In the Goods of George Girling DECEASED
24th November 1892
I have the honor to submit the following papers hereunto annexed in the above matter, all of which have been duly signed, sworn to and executed, namely:

Application of Susannah Girling and for Probate of Will + Codicil
Schedule of Real Estate, (valued at $5165) and Inventory of Personal Estate valued at $385.
Certificate of Surrogate Clerk.
Affidavit of death and abode of the testator.
Affidavit of value of property devolving.
[STROKED OUT] Affidavit of search for Will.
[STROKED OUT] Affidavit of plight and condition and finding of Will.
Affidavit of execution of Will.
Will of George Girling signed by Executors and Commissioner as an Exhibit.
Oath of Executors.
[X-ed OUT] Administration Bond and Affidavits of justification in double the amount of Real and Personal Estate, and I certify both of the sureties are good and sufficient to the best of my knowledge.
Deed of Renunciation by Eli H. Bauman.

Followed by the Petition of the beneficiaries:

In the Surrogate Court of the County of Waterloo
The Petition of Susannah Girling of the village of Elmira in the County of Waterloo widow and James Girling of the town of Palmerston in the County of Wellington fireman --------
humbly sheweth:
THAT George Girling late of the Village of Elmira in the County of Waterloo, Gentleman deceased died on or about the Sixth day of October in the year of our Lord one thousand eight hundred and ninety-two at the said Village of Elmira in the County of Waterloo and that the said deceased at the time of his death had [his] fixed place of abode at the said Village of Elmira in the said County of Waterloo.
THAT the said deceased in his lifetime duly made his last Will and Testament bearing the date the 25th day of July in the year of our Lord one thousand eight hundred and ninety-two and a Codicil to said will bearing dates the thirteenth day of September 1892.
THAT your Petitioners are one of the Executor and the Executrix named in the said Will and Codicil.
THAT the value of the whole Property of the said deceased which he in any way died posessed of or entitled to, and for and in respect to which PROBATE of the said Will and Codicil is to be granted is under five thousand five hundred and fifty-two dollars,
THAT the value of the personal Estate and effects is under Three Hundred and Eighty-Six
and of the Real Estate is under five thousand one hundred and sixty-six dollars, and that full particulars and appraisement of all said property are exhibited herewith and verified upon oath that Eli H. Baumann other than [??] Executor named on said will having duly [??] renounced.
WHEREFORE your Petitioners pray that Probate of the said Will of the said deceased may be granted to them by this Honorable Court.
Dated the 21st day of November A.D. 1892
{Received and Filed 21st day of November A.D. 1892}

Then there is a Registration page, a page where Susannah says she is the widow of the said George Girling and a page where James [or Jas] makes an oath that he is one of the executors named in the will.

The last will of George Girling, attachment "A", comes next:

This Instrument Witnesseth that I George Girling of the Village of Elmira, in the County of Waterloo, and Province of Ontario, Gentleman, being of sound and disposing mind, memory and understanding do make, publish, and declare this to be my last will and testament, hereby revoking and making null and void all former last wills and testaments by me heretofore made. My will is first that my just debts and funeral charges shall be paid by my executrix and executors hereinafter named. The residue of my estate and property which shall not be required for the payment of my just debts, funeral charges, and the expenses attending the administration of this my last will and testament, I give and bequeath as follows.
First. I give and bequeath unto my beloved wife Susannah Girling, all my household furniture bedding etc, and also the sum of Four thousand dollars, to have and to hold the same to her and to her heirs or assigns for their own use forever, I also give unto my beloved wife Susannah Girling during her natural lifetime the use of my dwelling house and two lots being composed of Lots number Eighty-two and Eighty-three of Goods survey of the Village of Elmira aforesaid.
Second. Whereas I have kept a family book, in which I have charged those of my children with such sums of money and property as I have already advanced to them, and as I have also some notes against some of my children it is my will that all such sums are to be deducted from such child or childrens legacies whether it be notes or charges in the family book.
Third. My will is that all my personal property and real estate shall be sold by my executrix and executors, as soon as possible after my decease, for the best interests of my estate.
Fourth. I give and bequeath all the rest and residue of my estate, of which I may be possessed at the time of my decease, real personal or mixed, to be equally divided, share and share alike, between all my children to have and to hold the same to them and to their heirs or assigns for their own use forever, with the exception of my daughter Mary Weiss, wife of Ludwig Weiss, share, my will is that my said daughter Mary Weiss's is to receive only the interest yearly of her share during her husbands life time, but should she live longer or survive her husband then her share is to be paid to her as soon as possible after his decease, but in case her said husband Ludwig Weiss lives longer than my said daughter Mary Weiss then her share or legacy is to again fall back and become a part of my estate.
Fifth. I do hereby nominate and appoint my wife Susannah Girling Executrix, and my friends Eli H. Baumann and Daniel Ratz executors of this my last will and testament, and I do hereby authorize and empower them, or the surviving of them or the acting Executrix or Executor should any of them renounce, to sell either publicly or privately all my real estate or personal property, and to give and grant good and sufficient Deeds or Deed of conveyance for the same, whether sold by me and not Deeded, or sold by her, him or them after my decease, and to take mortgages if necessary, and grant discharges, and all such other legal documents as may be necessary or required to carry out the true intent and meaning of this my last will and testament.
In witness whereof I the said George Girling have hereunto set my hand and affixed my seal this twenty-fifth day of July, in the year of Our Lord one thousand eight hundred and ninety-two.
George [his mark] Girling

Signed sealed and declared by the said George Girling to be his last will and testament in the presence of us, who at his request, in his presence and sight and in the presence of each other have subscribed our names as witnesses hereto
Reuben Winger } both of the
George Ratz } Village of Elmira

A codicil made to this will dated
the thirtieth day of September 1892
G.R.
A.W.

And another page attesting to the authenticity of attachment "A".

Then follows the Codicil to the will, identified as attachment "B":

This codicil to the last Will and Testament of me George Girling if the Village of Elmira, County of Waterloo, Province of Ontario, Gentleman, bearing date the twenty-fifth day of July in the year of our Lord one thousand eight hundred and ninety-two.

I hereby revoke part of Clause 4 and as follows strike out the following words "I give and bequeath all the rest and residue of my estate of which I may be posessed at the time of my decease real personal or mixed to be equally divided share and share alike" and insert instead and let it read as follows. "My will is that after the sum of Four thousand Dollars is set aside for my dear wife Susannah any remaining sum or sums of money being the proceeds of the Sale of my real estate and personal property of which I may have been possessed or any other residual money shall be equally divided among my children (my executors and executrix to take into consideration the charges entered in my family book against my children and to be divided share and share alike."
I do hereby revoke part of Clause 5 and that portion thereof on the third and fourth lines thereof as follows, strike out the words "Daniel Ratz" and insert instead the words "and my son James Girling".
My will is that whenever the Alley way leading from Church Street to Mill Street in the Village of Elmira and in the rear of property owned by Messrs Henry Dunke, M. Weichel, Peter Winger estate, my daughter Mrs. [Caroline] Stephan, myself and Charles Ruppel is to be opened for traffic or accomodation that portion of land leading across my property in the continuation of the alley shall be given free and without any cost or charge therefor and the same in width as at the entrance at Dunkies property and the land which by reason of the opening of the alley would lie between the alley and Mrs. Stephans' property across Lot number twenty-three of Jonas Wengers survey and that portion thereof owned by me and directly in rear of the premises owned by my daughter Mrs. Stephan, lying and situated between the alley after it is opened and that property belonging to my daughter Mrs. Stephan and the same width as her property I bequeath to her.
In all other respects I do confirm my said Will.

In witness whereof I the said George Girling have hereunto set my hand and affixed my seal this Thirtieth day of September in the year of our Lord one thousand eight hundred and ninety-two.
George [his mark] Girling
Signed by the said testator as a codicil to his last Will and Testament in the presence of us present at the same time, who at his request in his presence and in the presence of each other have subscribed our names as witnesses.
George Ratz, Elmira,
A. Werner, Elmira

And another page attesting to the authenticity of attachment "B".

Then follows another four pages attesting to the authenticity of attachments "A+B" and attesting to be the executrix and executor of the will.

At the end are two pages of Inventory and Valuation:

In the Estate of George Girling late of the Village of Elmira in the County of Waterloo, Gentleman Deceased

Inventory and Valuation of the property of the said deceased.

                GENERAL DESCRIPTION OF PROPERTY
     Household Goods and Furniture . . . . . . . . . . .  $40
     Farming Implements, etc.  . . . . . . . . . . . . .  $30
     Stock-in-Trade  . . . . . . . . . . . . . . . . . .
     Horses  . . . . . . . . . . . . . . . . . . . . . .
     Horned Cattle . . . . . . . . . . . . . . . . . . .  $15
     Sheep and Swine . . . . . . . . . . . . . . . . . .
     Book Debts and Promissory Notes . . . . . . . . . .
     Moneys Secured by Mortgage  . . . . . . . . . . . .
     Moneys secured by Life Insurance  . . . . . . . . .
     Bank Stock and other Stock  . . . . . . . . . . . .
     Securities for Money  . . . . . . . . . . . . . . .
     Cash on Hand  . . . . . . . . . . . . . . . . . . .
     Cash in Bank  . . . . . . . . . . . . . . . . . . .  $150
     Farm Produce of all kinds . . . . . . . . . . . . .
     Other Property not before mentioned
         Rent accruing due . . . . . . . . . . . . . . .  $150
     Real Estate . . . . . . . . . . . . . . . . . . . . $5165.00
                                                         --------
                                                         $5550.--

and

In the Estate of George Girling late of the Village of Elmira in the County of Waterloo, Gentleman DECEASED

Inventory and Valuation of the REAL ESTATE of the said deceased.

              GENERAL DESCRIPTION OF PROPERTY
  1  Lots [unintelligible from fold in paper]  . . . .   $900
  2  Lot number 51 in the half mile strip of the
        Township of Amabel County Bruce . . . . . . . .  $500
  3  Part of Lot 90, German Company Tract Woolwich
        county of Waterloo  75 acres  . . . . . . . . . $2000
  4  Parts of Lot 21, 22 + 23, Jonas Wengers
        Survey of Elmira. Small Dwelling on
        Arthur Street  . . . . . . . . . . . . . . . .   $575
  5  Lots 82 + 83 in Wenger + Goods survey of
        Elmira. Dwelling so occupied by widow  . . . .   $850
  6  Parcel of one acre part of Lot 88 G.C.T. now
        in Elmira  . . . . . . . . . . . . . . . . . .    $90
  7  Half acre part of Lot 125 John Ratz Survey of
        Elmira + 29 1/2 perches (??) part of Lot 105 of
        Wenger + Goods Survey Elmira and one fifth of an
        acre part of Lot 88 G.C.T. (Elmira)
        together worth . . . . . . . . . . . . . . . .   $250
                                                       ------
                                                        $5165

Both Inventory and Valuation pages are sworn to by James Girling as one of the executors named in the Codicil to the last Will of the said deceased.

NOTES

The fact that George could not write his own name helps to account for the alternate spellings we've seen: 'Garling' in the 1884-5 Waterloo County Gazeteer and Directory and 'Gerland' on Tremaines Map of Waterloo County in 1861.
What kind of a 'Family Book' was kept by an illiterate farmer? However the book was managed, I have no doubt that it was accurate to the penny.
With the exception of Mary and Ludwig Weiss, the Will provides no information about the family, immediate or otherwise.

Postscript on Mary and Ludwig Weiss

Why did Ludwig Weiss warrant such distain from George? The facts are few, but it is possible to draw conclusions.

The 1851 Census lists Mary Girling, age 10, the third child of George and Susan Girling. By the 1871 Census Mary has left home because the Waterloo County Registers 1858-1869 show the marriage of Henry Haas, 29, and Mary Ann Girling, 32 [?? she was age 25 in 1866], on July 22, 1866.

Henry Haas and Mary have three children, Albert, Sarah A., and Ida M., all of whom die as children. Furthermore, Henry dies only six years after the marriage. Henry Haas (1838-1872) is buried in St. James' Cemetery in Elmira.

To bring Ludwig Weiss into the story I searched for a burial in the area. There are two hits and the facts speak for themselves. In St. James' Cemetery in _St. Jacobs_ there are two headstones that read:

Hier Ruhet/Catherina/Ehefrau von/Ludwig Weis/
gest. 1 Juni 1886/Alt. 52 Jah. 6 Mo./u. 16 Tage/verse

and

Hier ruhet in Gott/Geo. Ludwig/Weiss/gest. 10 Jan. 1902/
im Alter von/75 Jahren 11 Mo./u. 10 Tage/verse/Weiss

[which roughly translate as:
[ Here lies/Catherine/wife of/Ludwig Weis/
[ died June 1, 1886/age 52 yrs 6 mo & 16 days/verse
[and
[ Here lies in God/Geo. Ludwig/Weiss/died Jan 10, 1902/
[ age/75 years 11 mo & 10 days/verse/Weiss

So Ludwig Weiss had married Catherine and then remarried Mary Girling after his wife dies in 1886.

George Girling was angered by this new son-in-law in part because the wedding would have been a recent change to his life and because this addition to the family was German.

Oh yes, Mary would have got her legacy from her father in the end. She outlived Ludwig by almost twenty years. Mary A. Girling (1841-1921) is buried in St. James' Cemetery in Elmira beside her first husband Henry Haas.

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Most recent revision September 21, 1997