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1781 last will and testament of Moyses MenachemMoyses Menachem (Moyses Maennlein) was the brother of the five-greats grandfather of Arthur Obermayer and a very religious and wealthy man living in Creglingen. His detailed will of 1781 was written five years before he died at the age of 86. The family of Joel Heimann brought a copy of the will with them when they fled from Germany to Sao Paolo, Brazil in the 1930s. It was translated into English in 2005. The will demonstrates Moyses Menachem's strong Kabbalistic religious beliefs, his religious and community consciousness, and his concern that his wishes be precisely followed and not contested. It was originally written in Hebrew and translated into German in 1841. It includes payment for those who will say Kaddish on a daily basis for the first year after his death, for those who attend his funeral, and for those who honor him in his lifetime. He especially provides for his wife and his orphaned great nephew who lived with him. The great nephew, Raphael Lazar, was the three-greats grandfather of Arthur Obermayer, and the executor of Moyses Menachem's will, Amson Solomon, was the three-greats grandfather of Arthur Obermayer on the other side of the family. Moyses Menachem, in a 1777 document, set up a foundation to provide funds to:
Will and testament of Moyses Maennlein (Moses Menachem), February 15, 1781
Translation (from Hebrew into German 1841) Blessed is the person who plans ahead! The living must remember that they are mortal. Moses died; who does not have to die? Whereas no man knows what the day will bring, and the Almighty can come suddenly, quickly, to demand what is due him. Therefore, after careful consideration, I have determined to write this Testament in order that, after my demise, no anger and disputes may erupt, and, furthermore, to set down what is to be done in general. Let it be His will that, when my time comes to depart for the life hereafter, my dying will be akin to gently drifting into slumber. Therefore, I decree, with firmness and strength, as any man would, that the following points be carried out fully upon my death, without delay and for all eternity. And, whoever ignores or opposes my wishes, as expressed in this Testament, he is like one who robs the living and the dead. For, I have set down everything upon deliberation and with understanding, and, based on my simple understanding, I order that the following points must properly remain as written, without the slightest modification, and I consider myself bound in truth by the following articles. Therefore, I
am binding myself by means of a valid obligation and truthful statement,
without revocation from this day forward and for all eternity, for
my part, my right heirs and executors, to confirm and maintain,
and to carry out everything that has been expressed in this Testament,
without exception. 2) Upon my death, and between my dying and the burial, 26 times 3 pennies, the numerical value of the word 'elohim', the sum total of 20 fl:27 kr, is to be distributed among the poor and observant. 3) At the funeral,
the poor and observant are to be given an amount equal to the numerical
value of the word 'levair' 18 pf, i.e. 3 fl: 49 ½ kr. 5) Whereas,
to my knowledge and understanding, there are no more than two poor
households in my community, thank God, but, I wish for the above
sum to be useful to more people, and, having little understanding,
I conclude and order distribution as follows: after my demise, immediately
upon my death, four learned men shall sit in my house and learn
Mishna, Tractate Taharah, with the commentary of Bartanura, without
interruption until my burial. When one or two have to leave to eat,
or for an urgent errand, they shall go one at a time; in any case,
three or two shall stay behind so that the learning can continue
uninterruptedly until the appointed time. And since, in my estimation,
the only god-fearing men here are Löb, son of Elieser, and
Amshel, son of Salomon, the local cantor, and the cantor of Archshofen,
of the above sum of 49 fl: 30 kr, Löb shall be given 3 Reichsthaler,
the named Amshel 3 Rthlr, the local cantor 3fl, the cantor of Archshofen
2 fl; Simon Levite from here shall be given 4 fl, and Joel from
here 3 fl, and the other poor people, who will gather at the funeral,
shall each be given twice 18 kr. If any monies are left over, I
instruct the two executors, whom I shall appoint, to carry out the
above in the future, to distribute and deliver the residual immediately
and without delay among the poor in the area. 6) I decree that for a full year upon my death a wax candle be kept burning in front of the holy ark of the local synagogue. According to my calculation, this will require approximately 133 kr, which is to be taken out of my assets for the purchase of wax. 7) I decree that immediately upon my death, my esteemed rabbi, the district rabbi at Schwabach, be notified in writing, that he and the congregational rabbi (Klausrabbiner) from there, plus an additional 8 men to make 10, shall learn a portion of Mishnah together every day, and pray 'yehi razon' for my soul, reciting 'yehi razon' before and 'menucha nechona' at the conclusion. And on each occasion, one of them shall recite the Kaddish de Rabbanan. My esteemed rabbi shall be given twenty guilders, the Klausrabbiner ten guilders, from the assets of my estate, the other eight 5 fl each, which comes to 70 fl. 8) Furthermore, before they start studying, they must deposit 4 pf, i.e. the numerical value of the 4 letters of the name of G'd, in the zedakah box, which in the course of a year will amount to 5 fl: 54 kr. On the day of my yahrzeit, this amount shall be distributed to the poor and observant in Schwabach. Therefore, this amount as well as the above 70 fl must be removed from my assets in a timely fashion. 9) Furthermore, it is my wish to set aside one thousand guilders of my assets at 5 or 4% for the benefit of the Israelite Community of Schwabach. As regards the interest income, which will amount to 4% - 40 fl p.a., my esteemed chief rabbi or the Jewish Community shall elect 4 learned men who shall each learn a portion of Mishna daily, and one of them shall recite Kaddish in the evening and morning on the day of my yahrzeit; thus it shall be until the coming of the redeemer; the 40 fl interest income is to be given as a reward to the 4 learned men. In the event that the earnings come to 5%, the additional 10 fl are to be distributed among the poor and law-abiding on the day of my yahrzeit. 10) Furthermore, I decree that here in Creglingen, during the first year following my demise, 3 men shall learn a portion of Mishna every day, in the manner described above, with the yehi razon preceding and the menucha nechono concluding the studies; the three are Reb Löb, son of Elieser, as named above; his reward shall be as written in the document signed by me and presently in his hands. The reason for not disclosing the sum here is known only to me; in any event, it shall be valid and done as written in my own hand, as if it were set forth here in full detail. The second shall be Amshel, son of Salomon, residing here; as a reward he shall be given 100 fl from the assets of my estate as a real gift, as ordained by our sages, of blessed memory. The third shall be the man who happens be the local cantor at the time; he shall be given 5 fl from my estate, being that before learning for my soul, 4 pf, as above, are to be put in the box, which comes to 5 fl:54 kr. At the conclusion of the first year, the stone shall be placed on my grave, the cost of which should be about 6 fl and is to be paid out of my assets. I further decree that it shall be done in the assembly of 10 men; to the 5 fl: 54 kr, the sum of the pfennigs accumulated during the year, another 4 fl:6 kr are to be added from my estate - making a total of 10 fl, which the 2 executors shall distribute to the poor and law-abiding people on the day of the unveiling. The above 3 men shall recite a 'techina' prayer over my grave at the unveiling. 11) Furthermore, I decree that 50 Rthlr shall be set aside as an endowment, the interest of which is to pay for the yahrzeit candles used at the synagogue on the day of my yahrzeit. The acting cantor shall recite the Kaddish for my soul in the evening and in the morning, and learn the 18th portion of the Mishna, and he shall be bound to recite the 'techina' prayer for my soul at my grave on the day of my yahrzeit; for that, he shall be compensated with 2 fl from the above interest earnings. The remainder is to be distributed on the day of my yahrzeit to the poor, observant people. 12) Furthermore,
I request that my name be recorded in the memory book during the
first year, for which 1 lb of candle wax shall be donated, i.e.
the sum total of 1 fl. Furthermore, during the first year, the cantor
shall remember my soul at the synagogue on every Sabbath and holiday,
and donate 18 kr to charity, a total of 4 fl:43 kr: 2 pf, all told
5fl:43 kr. 13) Furthermore, I decree that upon my death my wife Zerla is to receive from the assets of my estate item. 1000 Rthlr, according to her marriage contract. In addition, I give her a genuine and irrevocable gift, as ordained by our sages, of blessed memory, of 1500 fl, altogether a sum of 2500 fl, which is to be given to her from the assets of my estate, either in real currency or from the most valuable debt obligation. One thousand guilders are to be invested at interest. My wife has the use of the interest earnings during her lifetime; after her death, these 1000 fl are to continue as a charitable trust; half of the interest earnings are to be used every year to provide dowries; should someone from my family or my wife's be in need, they shall be given preference over a stranger, the other half is to be used for the religious education of poor children. In return, my wife is obligated to feed, at her table and without payment, Raphael, son of Lazar, of blessed memory, until the day of his marriage; however, clothing, apprenticeship tuition and other items he might need, have to be paid from this interest earnings. 14) I also give to my lawful wife a bequest, according to the laws of the land and as ordained by our sages, of blessed memory, as follows: 5 gold rings, also 1 piece of gold worth 10 ducats, also 6 single ducats. Of my silver, my wife is to receive 4 marks. The silver buttons, which are part of the clothing, are to remain hers, as well as all clothing, head dresses and coats. It is hers to keep, and nothing shall be taken from her. 15) Furthermore, I decree that all household implements, except silver, such as pewter, copper, brass and all else, no matter what name they are called, i.e.[--------- ], flax, cloth, bedding, blankets and coverlets shall be listed truthfully, but nothing is to be distributed or removed from the house; all is to remain under the control of my lawful wife, so long as she shall live. Upon her death, everything is to be given to the 6 children ofLazar, of blessed memory, i.e. Isak, Raphael and Lazar and their sisters Schandela, Chayele and Telzla. It is to be theirs as a valid bequest, according to the laws of the land. Upon the death of my wife, it is to be distributed to those 6 children in equal portions. 16) My house, in which I reside at present, shall belong to my wife, and she can reside therein so long as she remains a widow. Upon her death, I leave said house to the above-named Raphael as a valid irrevocable gift, according to the laws of the land and the words of our sages, of blessed memory, and it shall belong to him forever, with all the rights derived from its ownership. I expressly order that, even if said Raphael gets married, my wife shall retain full control over her residence as before. 17) Furthermore, I decree that all grain, flour, peas, etc, and all other foodstuffs, as well as ½ a Fuder (_Fuder = 800-1800 liters) of the best wine in the house, shall remain with my wife, without any deduction by accounting against the above. 18) I further decree that my wife Zerla shall not have a custodian appointed over her, nor suffer any restrictions, as ordained by our sages, on account of me, my right heirs and representatives, since I never found her to be disloyal, and knew her to be a good housekeeper. 19) Furthermore, since I took in the named Raphael, son of Lazar, of blessed memory, as a young orphan upon the death of his father, and raised him like my own son, I bequeath unto him the sum of one thousand Rthlr, according to our laws, to be paid out of the assets of my estate after deduction for all the above, to be invested in a secure mortgage at good interest, until such a time when he is capable of entering into marriage; at such a time, capital and accumulated interest shall be his to administer. However, upon my demise, the named Raphael is to recite Kaddish for me for the first year following my death, and thereafter on the day of my death, for as long as he shall live; also, he is to go to my grave on my yahrzeit and recite tehinah for my soul; should it happen, God forbid, that he has to recite Kaddish for his mother during the same year, then five guilders shall be deducted from the gift I gave him, and paid to the local cantor who shall recite Kaddish for me in his stead. 20) Furthermore, I give to Raphael as a valid gift, as ordained by our sages, my scroll (Thora) with silver breastplate and yad, as well as all sacred covers, which are part of the scroll. 21) The 1000 Rthlr, which I am giving to said Raphael as written in point 19, is a bequest to him over and above that portion owed to him as one of the right heirs to the legacy of their father Lazar, of blessed memory. 22) Furthermore, I give to each of the five children of Lazar, whose names are as follows: Isak, Lazar and their sisters Schandla, Chayela and Tolza, 300 fl each, a total sum of 1000 Rthlr, to be paid out of the assets of my estate after all above obligations and from my most secure debt obligations, over and above the portion of the legacy which they are owed; the above 1000 Rthlr shall be invested by trustworthy people and their share of 300 fl plus accumulated interest paid out to them at the wedding. I specifically decree that, should one of them, God forbid, die before they are married, their share is to be given in equal portions to the remaining siblings. 23) Furthermore, I bequeath, as ordained by our sages, the sum of 500 fl to my sister Henla and her 2 children in Crailsheim, to be paid out of my residual assets. 24) Furthermore, I bequeath, as ordained by our sages, the sum of 400 fl to my sister's daughter, s. Rebekka, and her children, in Braunsbach, and to her husband Yehuda, 100 fl, to be paid out after all above dispositions have been satisfied, for which Yehuda must learn a portion of Mishna and say Kaddish at the synagogue the first year upon my death, and thereafter on the day of my death, as long as he shall live. 25) Furthermore, if I was a sandek, and the people are still alive and can be found, I give to each one 20 fl. 26) Furthermore, I decree that every day during the first year upon my death, the following people are to learn a portion of the Mishnah and then recite the Kaddish de Rabbanan for my soul: the chief rabbi of the district, who is to receive 12 fl in ready money; Rabbi Hirsch, formerly the local rabbi, now in Kissingen, who is to perform as written above and is to receive 6 fl in ready money; the third being the cantor in Archshofen, who is to receive 4 fl; the sum of 22fl shall be deducted from my the assets of my estate before all other items, and paid in ready money. 27) Furthermore, I decree that, when a synagogue is built, for which I have already donated 400 fl as outlined in a document held by the president of the congregation in Gunzenhausen, Hirsch, and according to which I am to be given 2 additional seats in the men's synagogue, one near the ark, the second one at another location; also, 2 seats in the women's shul without pay; should said synagogue not be built until after my death and, given the fact that in point 19 I am designating said Raphael to recite Kaddish mornings and evenings during the first year upon my death, and to ensure that he will have the same rights as other mourners for father or mother, and not be displaced, I am bequeathing an additional 100 fl toward the construction of the synagogue. The total to be paid out of the assets of my estate for the construction of the local synagogue comes to 500 fl. The 4 above-listed prayer stands, I bequeath as follows: one near the ark in the men's shul and one in the women's shul to Raphael, the other two to his brother Lazar, since I was his godfather. 28) If, God forbid, my wife Zerla predeceases me, I order that, upon my death, after all the above has been satisfied, the following shall be distributed out of the residual: to the 5 children of my brother-in-law, Löb in Scheinfeld, named Raphael, Aaron, Mannele, Joseph, their sister Süssla, 50 fl each, i.e. 250 fl; to the 5 children of my brother-in-law, Samuel, of blessed memory, named Wolf, Mannele, Jakob, and their 2 sisters Chaiele and Krimla 50 fl each, i.e. 250 fl; to the 2 children of my sister-in-law Pessla, named Salomon and his sister Zerla 50 fl each, i.e. 100 fl. The preceding, I leave to them as a gift, confirmed and valid, as ordained by our sages, of blessed memory. 29) Furthermore, I decree that out of the assets of my estate I give to Kassner five ducats […]and to the local town clerk three ducats, which I deem a fair amount, given my poor understanding. The reasons are known to me alone. Also, I give and bequeath from my estate 10 fl to the mayor for distribution to the local poor Christians, to glorify the name of the Lord. 30) I decree, and appoint 2 executors, Löb, son of Elieser, and Amshel, son of Salomon, residing in Creglingen, who are to see to it that all I ordered done for my soul before and after my death, and before and after my burial, is meticulously fulfilled, as written in points 1-13. And, to assure their attentiveness, they shall be given 2 Karolin each, i.e. 4 Karolin total, from the assets of my estate. If, God forbid, they are negligent with regard to any item, the burden of responsibility shall be upon them. 31) As written and decreed in point 13, that my wife shall receive for her sole use the earnings from the 1000 fl trust for as long as she shall live; that the 1000 fl capital fund shall remain intact after her death, as specified in point 13. Likewise, should my wife predecease me, it is to be understood that I want the same 1000 fl to remain as an irrevocable trust to be set up by my estate according to point 9, and the earnings to be disbursed as specified in point 13. 32) Then, after careful consideration and deliberation, and in order to prevent any discord and strife, I order that the following be executed as decreed; after all the aforementioned has been deducted, the below-named are to be paid out of the residue of my estate: to my living brother Abraham or his right heirs, their lawful inheritance 1000 fl; to the right heirs of my deceased brother Yokel, to be divided in 4 parts, i.e. the orphans of Lazar, of blessed memory, Isak, Hirsch and Abraham, the sum of 2000 fl; to the 3 daughters of my deceased brother Isak, Shandel, Crainla and Fradele, since they live far from here and cannot wait for debt obligations to be called and, in my estimation, might be forced to negotiate them, to them I give their inheritance of 2000 fl out of the residue of my estate. 33) Since I am not able to find persons to appoint as custodians for the orphans of Lazar, I have determined to leave it in the hands of the esteemed chief rabbi of the district and the chief communal officer. I ask and pray that they care for the named orphans responsibly, and insure that the monies, which I leave them as a genuine and valid bequest, are placed in safe hands, and trustworthy, god-fearing and honest custodians appointed for them, so that neither capital nor earnings are lost. The same applies to the money I leave as a charitable trust, which should also be invested securely, so that my wishes can be fulfilled as directed in each of the articles. 34) I understand that, having made the above dispositions, some part of my possessions or assets may be left over; being that I cannot estimate how much will be left at the time of my death, I retain the right to draft a separate will, disposing of the residue of my estate, should God grant me sound mind and the ability to express myself clearly. However, should I, God forbid, be fated to die suddenly and not able to determine what is to be done with the residue of my estate, I order that the residue of my assets, for which I have not left a written or verbal disposition, is to be set up as a permanent endowment, the earnings of which are to be used for the maintenance of the district's educational institution. The above dispositions have been made without guile or hatred, without modification or revocation from this day forward for all eternity. To all beneficiaries named in my Testament I give 4 feet of my land; with this act and by mantle oath before the witnesses who proved my Will, I have effectively transferred to all beneficiaries that which is become their lawful property according to my Testament, and as ordained by our sages, of blessed memory. Since we are obligated to fulfill the wishes of a dying person, and I am old and advanced in years, drafting my Will in the proximity of death, I further confirm to all beneficiaries that I feel bound for myself, my right heirs and representatives, declaring that those who have an entitlement shall take from my assets what is theirs, as written above; it is their property, and my right heirs cannot assume their inheritance until all others have been satisfied, because it is theirs by law. Anyone who challenges my dispositions, even one of the above articles, shall not be heard in a Jewish court nor a Christian court of law. I gave the esteemed chief rabbi of the district and the district supervisor authority to render invalid the words of those who contest my Will. The litigant is to receive only 10 fl from my estate. He is to bear all costs arising from legal action, so as to minimize his threat to the beneficiaries. I order my heirs and executors, without forgiveness for all eternity and under the threat of a solemn curse, to swear an oath that they will carry out all dispositions as directed; if not, his entire inheritance shall bring no blessings or good fortune, God forbid; all he owns would be as stolen property, and I would not forgive him in the other world either. On the other hand, the affirmative being the case and they follow my instructions, they will reap blessings and good fortune in all their enterprises! I will rest peacefully and safely in my grave. Thus it shall be and remain without modification, all that I decreed shall be carried out, nothing remain undone, irrevocable, the least of all items as written and directed above, from now and forevermore. I have confirmed the testamentary document by means of the mantle oath, figuratively conferring the property by having the 2 undersigned witnesses hold the hem of the mantle in the presence of a lawful witness. To corroborate its genuineness, I have signed my name to the instrument. This Testament, executed and proofed, I have put into the hands of a third, Löb, son of Elieser, residing here, sealed by me and the local rabbi, Hirsch, each with his own seal, as indicated in the [………] reverse (?), which I have received from said Löb. Executed in
Creglingen, Sunday, the 7th day of Adar-Sheni of the year 5537 after
the creation of the world. Let it be known that the president of the local community, Moses, son of Menachem, of blessed memory, vulgo (known) Mendel, sent for us and said: act as my willing and trustworthy witnesses for this Testament which I am drafting in the event of my death, and as added proof of the validity of my testamentary dispositions, take hold of the mantle to confirm property transfer as of now, and observe form and content meticulously, and put your names to it; then hand it to the third person, the above-named Löb, son of Elieser, of Creglingen, to serve as valid title and proof for the beneficiaries listed in the Testament, write it in public, witness it in the open, to assure that it is never looked upon as a secret matter. We, the undersigned, having seen and found the testator of sound mind and speaking with clarity, have received from said Moses, son of Menachem, of blessed memory, in the presence of a valid witness, all items described in this Will on behalf of the beneficiaries listed therein. Let everything be confirmed and done! Zefi Hirsch,
son of Salomon, presently rabbi in the town of Creglingen. The undersigned testator, the supervisor Moses, son of Menachem, of Creglingen asked me to read his Testament in order to assure that upon his death none can contest the above Testament; his Testament is to be added to this Testament, as specified in article 34. Accordingly, he had Löb, son of Elieser, of Creglingen, deliver said document to me; I broke the seals, which were in good order as described above, and found this Testament of 34 points, and another one of 13 points; I have read them and found them to be valid under the laws, as written by the people of the Israelite Community of Ansbach. No person can contest the above Testament in court and negotiate even the least of its 34 points. Rather, upon his death, each and every disposition must be dealt with as directed in this Testament, as well as the additional Will, written in Creglingen on Monday, the 25th day of Teveth in the year 5541 after the creation of the world, and signed in his own hand by the chief communal officer Moses, son of Menachem, of blessed memory, making all dispositions valid and binding. I personally know the signature of said Moses well, and furthermore, he wrote me a letter stating that these are his thoughts and intentions; therefore, I can confirm with authority, in the event of legal proceedings in a court of law, that all 3 Testaments are genuine: Firstly, this Testament; secondly, the one with 13 points, written on the 7th day of Adar-Sheni 5537 after the creation of the world; thirdly, the one of Monday, the 25th day of Teveth 5541 after the creation of the world, all executed in Creglingen; these 3 Testaments must be observed meticulously, without challenge, legal intervention or objection against all or one of their dispositions, nor will they lose their validity by reason of any detraction or defect. Should anyone raise objections, he shall be considered as one who has challenged legal proceedings, and not be admitted before a court of law. Every person is permitted to make provisions for the distribution of his property, and the frequently named Moses has assured me in writing that these are his own thoughts and wishes, and that his soul longs for all these things to be done as stipulated, that he made all the dispositions freely and without duress. Considering that I am familiar with and understand all the dispositions, and, having recognized the signature of Moses, son of Menachem, as genuine, and in order for the Testament to become a legally binding document, I declare that none can contest any item listed in the 34 points. Furthermore, I have advised said Moses that he should translate (convert) this Testament as well as the one of the 25th of Teveth 5541 after the creation of the world, seal it twice with his own seal, and give it to Löb, son of Elieser, of blessed memory, again confirm all property dispositions on behalf of beneficiaries by means of the mantle oath, which coincides with the intentions of said communal president, Moses. The 13-point
Testament of the 7th of Adar-Sheni 5537, after the creation of the
world, should be sealed individually, a parte, handed to Löb,
and considered valid as if sealed by the witnesses. Here, in Schwabach, Monday, the 20th day of Sheveth in the year 5541 after the creation of the world, Aaron, son of Rabbi Moses, of blessed memory, Rabbi in Schwabach and the Ansbach lands, I have produced
a true copy of the original, as entered in the registry of the former
rural Jewish communities; witnessed in Ansbach, Wednesday, the 26th
day of Marcheshvan of the year 5602 after the creation of the world. Translation
of certified Hebrew copy, confirmed to be truthful. Translator's
note; Southern Germany before 1871: 1 guilder (abbr. fl for florin)
= 60 kreuzer (abbr. kr) = 240 pfennigs ( 410 grams of silver minted
into = 240 pf), 1 Reichsthaler (abbr. Rthlr) = 1.5 fl; |
