Will of John Drew

Last Will and Testament
John Drew
Town of Schodack

This full transcript of the will of John Drew was made and submitted by Nora Drew, who also abstracted the accompanying probate papers which show that the testator had a son named Charles Drew who was not named in the will.

Will of John DREW, written on 19 June 1854 and probated in 1856

I, John DREW, of the Town of Schodack, County of Rensselaer of State of New York, believing that my time is short & being in my right mind do now make and ordain this my last will and testament hereby revoking all former wills and testaments at any time heretofore made, and first direct that after my death my body be decently interred, the funeral services conducted according to the rights and religious order of the Baptist Church. And as to such worldly estate as it has pleased God to entrust me with, I dispose of the same as follows:

First, I direct that all my debts and funeral expenses be paid as soon after my decease as possible out of the first moneys that shall come into the hands of my Executor from any portion of my estate. Also, I direct that a fair valuation or appraisement be made of all my personal estate by three judicious neighbors except such articles of household furniture as are hereafter bequeathed to my two daughters.

Also direct that my daughter, SALLY, wife of Aaron QUICK, have my best bed and suitable bedding therefor and a bedstead if she desires it and that my daughter, POLLY, the wife of George R. PHILLIPS, shall have my next best bed and suitable bedding therefor and a bedstead also if she desires it.

Also as regards my real estate, I direct that my son, DANIEL DREW, shall have my farm and all its appurtenances to have and to hold for himself and his lawful heirs forever upon the conditions following:

First, he must pay the sum of One Thousand Dollars to my daughter, Polly, but not until one year after my death and without interest, but after the expiration of the year he must pay interest until the thousand dollars is paid.

Second, he shall pay One Thousand Dollars to my Executor or give good security for the same so that the interest thereof shall be paid annually to my daughter, Sally, during her natural life and at her death, the Thousand Dollars to be equally divided among the remainder of my children.

Third, he shall pay One Thousand Eight Hundred Dollars to my son, JOHN DREW, and the same sum to my son, JAMES DREW, but no interest shall be paid upon the share of any of the children until one year after my death, that is, no share shall begin to draw interest until after one year from my death. But if my son, Daniel, Shall not be willing to take the family [farm under] such conditions, then I direct that my Executor sell the farm as he shall see fit and pay the Thousand Dollars to Polly and secure the other Thousand for Sally, that she may have the interest thereof annually as above directed & divide the remainder of the money for which the farm may sell equally among my three sons, James Drew, John Drew and Daniel Drew, share and share alike.

Further, I direct that my house and barn be painted this year and that if I should be taken away before the first of April, then the rest of painting shall be paid out of the rent which my son, Daniel is to pay me for the use of my farm this year. And I further direct that at my third best bed and suitable bedding and bedstead be given to my granddaughter, ALMIRA DREW, daughter of my son Daniel.

And further I direct that if my personal property shall not be sufficient to pay my debts, that what amount shall be drawn from the realty shall be taken from the shares of my sons, James, John and Daniel in equal sums.

And I do hereby make and ordain my esteemed neighbor Samuel HOYT of the Town of Schodack, Rensselaer County & State of New York the sole Executor of this my last will and testament.

John Drew (his mark)

NOTE FROM THE SUBMITTER: The will was probated in 1856 and was contested by his son, CHARLES DREW. There follows information from the affidavits filed in that regard.

Almon VIRGIL's statement includes: "Daniel is I should think between forty & fifty years old, married with a family of 8 or 9 children. I don't know whether the Testator could read and write. I read the will more than once, think I read it twice, once after the first draft, then another time after making some alterations." [Submitter: This Virgil penned the will in the presence of John, and although he lists several alterations, he does NOT indicate any alterations concerning the name Charles. John held the pen himself and "made his mark".]

James WILEY's statement includes: "Daniel lived in the house with John and worked the farm." The Testator's children were named JAMES, JOHN, DANIEL, CHARLES, POLLY and SALLY. Some lived 8 miles from him, and two lived "at some distance." Charles DREW lived at East Nassau [Rensselaer Co, NY]. Charles had a family, a wife and children. He "moved from our neighborhood some seven or eight years ago."

In 1856, the heirs-at-law resided as follows:

son James DREW: Kinderhook, Columbia County, NY
son John DREW: Chatham, Columbia County, NY
son Daniel DREW: Schodack, Rensselaer County, NY
son Charles DREW: Nassau, Rensselaer County, NY
daughter Polly wife of George R. PHILLIPS: Cobleskill, Schoharie County, NY
daughter Sally wife of Aaron QUICK: Penfield, Monroe County, NY

James Wiley and Edwin STALL were the appraisers. The inventory included the following:
[Submitter: I've used the spelling used in the inventory.]:
lumber waggon 10.00
old waggon and wheels 2.50
lumber sleight .50
one horse sleight 6.00
Farring (?) mill 3.00
half bushel .50
also shovel
corn sheller
crobar
axe
drawing knife
grindstone
horse power and thresher
two hogsheads
parlor stove
two brass kettles
four iron kettles
sugar box
one cupboard
one old table
seven slag bottom chairs
one bunk
stand
one chest of drawers
one clock
cheese basket
ten milk pans
fourteen bags
three old ploughs
one washtub
five stone pots
one jug
bread bowl and candle box
two spinning wheels
one reel
one chest
shovel and tongs
two pair of andirons
one pair of flatirons
one horse lumber waggon
one cutting box and knife
dripping pan and collender
frying pan and griddle
two butter tubs
one desk
cook stove
rocking chair
five wooden bottom chairs
one beauro
one table
stand
table
pie pans and bowls
corner cupboard
one cupboard
one looking glass
small looking glass
twenty one earthen dishes
glass and tin ware
one feather bed
five comforters
two coverlids
one coverlid and two quilts
five woollen shirts
four pillow
one straw tick
six silver spoons
three table spreads
three towels
five pair of pillowcases
seven linen sheets
six shirts
one pair of silver spectacles
fur hat
plush cap
one over coat
one pair of woollen pants
one woollen coat
two pair of cotton pants
one vest
eleven pair of stockings
one woolen carpet
three cider barrels
three meat casks
one grain box
one pitcher
one trunk
cash on hand (3.29)
due on last years rent $47.13.

[Alternative search values: Anna Phillips, Anner Phillips, Anna Drew, Anner Drew, Sarah Drew, Sally Drew, Sarah Quick, Sally Quick, Mary Drew, Polly Drew, Mary Phillips, Polly Phillips, George Phillips.]

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