Last Will and Testament
David Phillips
Town of East Greenbush

This will was recorded in Rensselaer County, NY Surrogate Court Will Book 229, page 789; additional probate information is recorded in Rensselaer County, NY Surrogate Court File No. 983. It was transcribed by the late Lin Van Buren, verbatim and as punctuated and spelled in the original.

I DAVID PHILLIPS of the Town of East Greenbush County of Rensselaer & State of New York make publish and declare this to be my last will and Testament in form and figures as follows

first I appoint DAVID JEROME PHILLIPS of the of the [sic] Same place to be Executor of all my property both Real and personal and direct him after my death to collect and sell all my property and Divide it between my grandchildren Share and Share alike after paying all my debts and funeral expenses within two years after my Death and my Note for for [sic] one thousand dollars to my Daughter E E TRAVER.

In Witness whereof I have hereunto Set my hand and Seal this 24 day of December 1897

David Phillips {Seal}

The above instrument was on the day and date thereof Sighned [sic] Sealed and published and declared by the Said Testator to be his last Will and Testament and he at the Time of Executing Said instrument Requested us to sighn [sic] our names as witnesses hereto which we did in his presence and in the presence of each other.

Walter E. Link, Witness
Mitchell Link, Witness

Surrogate's Court, County of Rensselaer.

ESTATE OF........................................................}
David Phillips.......................................................}


David Jerome Phillips being duly sworn, says: he is the petitioner herein. That the above named decedent died at the town of East Greenbush Rensselaer Co N. Y., on the twenty-seventh day of December 1908

That said decedent had real property in the State of New York.

That the estimated value of such real property is over Ten Thousand dollars, and that the same is subject to no mortgaged incumbrance . . . .

That the following is a full and correct list of the names, residences and relationship to decedent of all persons who are entitled to a legacy or devise under the will of said decedent, or by reason of partial intestacy, together with the character and value of such legacy or devise as far as the same can at present be determined.

Your PetitionerEast Greenbushgrandsonunknown
Jessie L. SteeleFishkill Landing Dutchess Cograndaughter [sic]unknown
Minnie E. PockmanEast Greenbushgrandaughter [sic]unknown
Ida May LinkEast Greenbushgrandaughter [sic]unknown
Della L. Van BurenEast Greenbushgrandaughter [sic]unknown
Mary E. LinkEast Greenbushgrandaughter [sic]unknown
Jennie A. Van BurenMontreal Canadagrandaughter [sic]unknown

Each of the above parties have [sic] one-seventh interest in the Estate which is as above set forth but there is a large debt to be paid and hence it is impossible to state more particularly the value of their interest

Sworn to before me this fourteenth..}
day of January 1909..........................}
David Jerome Phillips

[Another probate document states:]

That the following named are all and the only persons interested in said estate, either as legatees, heirs at law, next of kin, sureties, creditors or otherwise, to wit:

Your petitioner [David Jerome Phillips], a grand-son
Jessie L. Steele, a grand-daughter, of Fishkill Landing, Dutchess Co., N. Y.
Minnie E. Pockman, a grand-daughter, of East Greenbush, N. Y.
Eda May Link, a grand-daughter, of East Greenbush, N. Y.
Della L. Van Buren, a grand-daughter, of East Greenbush, N. Y.
Mary E. Link, a grand-daughter, of East Greenbush, N. Y.
Jennie A. Van Buren, a grand-daughter, of Montreal, Canada.
Grace E. Phillips, a creditor, of East Greenbush, N. Y.
and Minnie E. Pockman and Jennie A. Van Buren, as executrices of the Will of Emma E. Traver, Deceased, who have presented a claim against the Estate.

[NOTE from the submitter: This 80-year-old testator David Phillips (born 29 October 1817, died 27 December 1908) would outlive not only his parents, David Phillips Sr (1777-1868) and Martha Morehouse (1780-1828), but also all 13 of his siblings; his wife, Bathsheba Manville (1818-1906); and both of his children, Mary Louisa Phillips Phillips (1843-1890) and Emma Elizabeth Phillips Traver (1849-1902). Mary Louisa Phillips married her second cousin Clark A. Phillips (1840-1911) and was the mother of five of the seven legatees in this will: Jessie Loucene Phillips Steele, David Jerome Phillips, Della La Clair Phillips Van Buren, Eda May Phillips Link and Mary Elma Phillips Link. Emma Elizabeth Phillips married Augustus DeWitt Traver (1847-1928) and was the mother of the other two of the seven legatees in this will: Minnie Elizabeth Traver Pockman and Jennie Augusta Traver Van Buren. Grace E. Phillips, named above as a "creditor", was Grace E. Comstock Phillips (1871-1950), wife of David Jerome Phillips; her relationship to the testator, then, was granddaughter-in-law, and although she apparently was a "creditor", she was not an heir or an heir-at-law.]

[Alternative search values: David J. Phillips; Jessie Phillips, Jessie Steele, Jessie I. Phillips, Jessie Loucene Steele; Minnie Traver, Minnie Pockman, Minnie E. Traver, Minnie Elizabeth Pockman; Eda Phillips, Eda Link, Eda M. Phillips, Eda M. Link; Della Phillips, Della Van Buren, Della L. Phillips, Della La Clair Van Buren; Mary Phillips, Mary Link, Mary E. Phillips, Mary Elma Link, Jennie Traver, Jennie Van Buren, Jennie A. Traver, Jennie Augusta Van Buren; Mary L. Phillips; Emma E. Phillips, Emma E. Traver, Emma Phillips, Emma Traver, Clark Phillips, Augustus D. Traver, Augustus Traver.]

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