Last Will and Testament
Stephen Yates of Schaghticoke

This will was submitted by Wayne E. Weatherwax. He transcribed it from a Sampubco photocopy on Feb. 17, 2007.

The Will of Stephen Yates of Schaghticoke
Rensselaer County, NY Surrogate Court Will Book 56 pages 67-81 (wew)
signed on 24 May 1842

Page 67

The last Will and testament of Stephen Yates of the town of Schaghticoke county of Rensselaer and state of New York. I Stephen Yates considering the uncertainty of this mortal life and being of sound mind and memory (blessed be almighty God for the same) Do make and Publish this my last Will and testiment in manner and form following to wit: (wew)

First: I give and bequeath unto my beloved wife Susan YATES all my real estate containing about one hundred and eighty acres of land lying and being in the town and county aforesaid, bound on the north by lands of Wm. BARNES; East by lands George WETZEL; South by lands of Jeremiah BONESTEEL; and West by lands of Hunington REED and OVERACHER, and the premises Upon which I now live together with all the rents, fees and profits, and all my personal property and household furniture of what ever manner and nature after defraying my funeral expenses and paying my debts from said personal property as long as the said Susan Yates remains my widow and after that I give and bequeath to the heirs of Thomas and Susan ESMOND the part of the farmhouse and barns upon which I now live all the North side of the turnpike road together with two lots on the south side of the turnpike road

Page 68

And running south along the road that runs by Nelson YATES to the corner of a stone wall east along the said fence that Intersects the lands of George Wetsel containing about sixty acres be the same more or less together with an equal half of a wood lot on the south end of the said farm containing about forty acres (the division line to be drawn north and south) to their heirs and assigns forever, excepting and reserving that the said Thomas and Susan Esmond shall have sole use and benefit and profits arising from the said bequest, (to their heirs) during their natural lives. I do also give and bequeath to the heirs of Nelson Yates and Lany Yates the wife of the said Nelson the south part of my said farm a part on which he now lives containing about eighty acres of land together with an equal half of forty acres of woodland to their heirs and assigns forever excepting and reserving that the said Nelson Yates shall have the sole use benefits fees and profits arising from the said bequest (to the heirs) during his natural life and I do hereby constitute and appoint my beloved wife Susan Yates executrix and Henry N. MILLER executor of this my last will and testament hereby revoking all former Wills by me made.

In witness whereof I have hereunto set my hand and seal this twenty fourth day of May in the year of our Lord one thousand eight hundred and forty two.

Stephen Yates (L. S.)

The above instrument of one sheet of paper was at the date thereof declared to us by the testator Stephen Yates to be his last will and testament and he acknowledged to each of us that he had subscribed the same and we at his request signed our names hereto as attesting witnesses.

Jeremiah Green, Waterford, Saratoga Co. N. Y.
Jacob W. Miller, Waterford, Saratoga Co. N. Y. (wew)

Proofs were dated 24 Sept 1860.
The will was presented for probate on 7 Jan 1861.
The original will was delivered to the executrix on 3 June 1862.


Stephen Yates was born 30 Nov 1784 and died 28 June 1860. He married Susan WEATHERWAX, who was born 10 Oct 1789 and died 13 Sept 1870 and was a daughter of Peter WEATHERWAX and Catharina CIPPERLY. They had two known children (wew):

There are approximately eight more pages to this probate file, including a codicil dated 9 Dec 1859, and pages of testimony during probate. In essence: Stephen Yates changes his award of land etc. to Thomas Esmond and reassigns ownership to his daughter Susan. He comments on difficult relationships with his son-in-law Thomas Esmond and on unpaid monies due, and he reallocates land to them by reducing the woodlot size to 10 acres of land. He also gives to the Evangelical Lutheran Church of Schaghticoke a parcel of land for a burying ground. It is believed that this land is a part of Elmwood Cemetery in present-day Schaghticoke. Based on the will, it appears that the land for the burying ground included about 10 acres of land. Both Stephen and wife Susan are buried in Elmwood Cemetery, as are other Weatherwax family members. (wew)

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