Last Will and Testament Hiram Van Buren Town of Schodack |
Know all men by these presents that I Hiram Van Buren of the Town of Schodack County of Rensselaer and State of New York farmer being in good health and of sound and disposing mind and memory do make and publish this my last Will and Testament hereby revoking all former wills by me at any time heretofore made, and as to my worldly estate and all property real personal or mixed of which I shall die seized and possessed or to which I shall be entitled at the time of my decease I devise bequeath and dispose thereof in the manner following to wit:
First, My will is that all my just debts and funeral expenses shall by my executors hereinafter named be paid out of my estate as soon after my decease as shall by them be found convenient.
Item, I give devise and bequeath to my beloved wife Mary Ann Van Buren all of my effects both real and personal during her lifetime or the term of her natural life. My real estate, my Executrix and Executor hereinafter named shall have the power to sell and dispose of and convert into personal property as soon after my decease as they shall see fit, and my wife Mary Ann Van Buren to have the use of the money or purchase price of said real estate as of my personal property that I now have at the making of this instrument. I give and bequeath to my daughter Sarah J. Van Buren [sic] one thousand dollars in money to be paid to her by my Executors hereinafter appointed to be for the sole use of herself her Executors administrators and assigns after the death of my wife. All the rest and residue of my estate real personal and mixed of which I shall die seized and possessed or to which I shall be entitled at my decease I give devise and bequeath to my son Hulett G. Van Buren during the term of his natural life and at his decease to Charles Van Buren and Sylvester Van Buren sons of the said Hulett G. Van Buren:
And Lastly, I do nominate and appoint my wife Mary Ann Van Buren and John W. Snook to be my Executrix and Executor of this my last will and testament. In testimony whereof I the said Hiram Van Buren have to this my last will and testament contained on three sheets of paper and to this the last sheet thereof subscribed my name and affixed my seal this twenty eighth day of August in the year of our Lord one thousand eight hundred and eighty-two.
H. Van Buren (S. S.)
Signed sealed published and declared by the said Hiram Van Buren as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto.
L. N. S. Miller, East Schodack
Surrogate Court
County of Rensselaer S. S.
Lewis N. S. Miller and John J. Miller of the Town of Schodack in the County of Rensselaer being sworn in open court doth depose and say and each for himself says that he is a subscribing witness to the last will and testament of Hiram Van Buren late of Schodack in the County of Rensselaer deceased and that the said Hiram Van Buren did in the presence of these deponents subscribe his name at the end of the instrument which is now shown and exhibited to these deponents and which purports to be the last will and testament of the said Hiram Van Buren which bears date on the 28th day of August 1882 and that the said Hiram Van Buren did at the time of subscribing his name aforesaid declare the said instrument to be his last will and testament and these deponents did thereto subscribe their names at the end of the said will as attesting thereto at the request of the said testator in his presence and in the presence of each other and at the time when the said testator subscribed his name as aforesaid he was of sound mind and memory of full age to execute a will and was not under any restraint but competent in all respects to devise real estate.
L. N. S. Miller
Subscribed and sworn this 26th........}
Present, Edgar L. Fursman
On reading and filing due proof of the service of the citation herein on the parties therein named and upon due proof of the execution of the paper propounded as the last will and testament of Hiram Van Buren late of the town of Schodack in said county deceased bearing date on the 28th day of August 1882, and John W. Snook executor named in the will of said deceased appearing, and it appearing by such proofs that the said will was duly executed, that the testator at the time of executing the same was of full age for making a will, was of sound mind and memory and not under restraint and in all respects competent to devise real estate, and the probate thereof not having been contested, It is ordered adjudged and decreed that the said paper purporting to be the last will and testament of said Hiram Van Buren deceased is his last will and testament and was duly executed to pass real and personal estate and that the same be admitted to probate as a will of real and personal estate and recorded as such with proofs taken as aforesaid.
Witness Edgar L. Fursman Rensselaer
County of Rensselaer ss. I. Edgar L. Fursman Rens County Judge & Acting Surrogate of said County hereby certify the foregoing to be a true record of the last Will and Testament of Hiram Van Buren late of the Town of Schodack deceased, together with the proofs thereof as a will of real and personal estate.
Recorded February 26th 1883
John J. Miller, East Schodack
In the matter of proving the..............}
Will and Testament..........................}
.............. of....................................}
Hiram Van Buren deceased..............}
John J. Miller
day of February 1883 before me.......}
Edgar L. Fursman Co Judge.............}
Acting Surrogate............................. }
County Judge Acting Surrogate
In the Matter of the last....................}
Will and Testament..........................}
.............. of....................................}
Hiram Van Buren deceased...............}
L. S. County Judge Acting Surrogate and the
seal of the court the day and year
first above written.
Edgar L. Fursman
Rens. Co (Judge and)
Acting Surrogate
Edgar L. Fursman
Rens. Co. Judge &
Acting Surrogate
NOTE FROM THE SUBMITTER: The following document from the probate file is added here to show that his daughter really was Sarah J. Garrison (and had been for over 18 years at the time Hiram Van Buren named her in his will as Sarah J. Van Buren). She had married Merritt D. Garrison on 31 December 1863 in Sand Lake, Rensselaer Co., NY, and for a time Merritt Garrison and wife Sarah Jane Garrison resided in Hiram's household. Merritt D. Garrison died in on 9 May 1890 in Greenbush, and his widow Sarah Jane Garrison was named as his administrator. She was definitely Sarah Jane Garrison.]
In Surrogate Court,..............}
To William LORD, Esq., Surrogate of the County of Rensselaer; THE PETITION of John W. Snook of the Town of Schodack in the County of Rensselaer aforesaid, respectfully showeth, that your petitioner was duly appointed and qualified by the Surrogate of said County of Rensselaer, as the Executor of the Last Will and Testament of Hiram Van Buren late of the Town of Schodack in said County, deceased and that more than one year has elapsed since Letters Testamentary were granted and issued to your petitioner by the Surrogate aforesaid and to Mary A. Van Buren Executrix.
That your petitioner has returned to the Surrogate of said County an inventory of the personal property and estate of the said deceased.
That in and by said Will the following are named as Legatees:
Mary A. Van Buren (widow) Executrix of Schodac NY
All creditors have been paid.
County of Rensselaer..........}
Hulett G. Van Buren of New York City of full age
Chas. Van Buren of New York City a minor over the age of fourteen years
Sylvester Van Buren a minor over the age of fourteen years of New York City, and
Sarah J. Garrison of East Greenbush NY of full age.
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