WILL: Abner Hammond;  Hudson, Columbia co., NY 
surname: Hammond, McKinstry, Bessac, White, McArthur, Dusette

submitted by Bret Bessac (bbessac at queens.org) 
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Submitted Date: August 24, 2005
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Source: Sampubco (columbia Co. Records)
Columbia co NY Will Book Vol. K page 267
Written: March 5, 1836
Recorded: July 18, 1849

Record of the Last will and Testament and Couicil of Abner Hammond late of the
City of Hudson in the County of Columbia deceased as a will and couicil of
both Real and Personal Estate and of the proofs and examinations relating
there to.
Recorded July 18th A.D. 1849
State of New York
Columbia County

Be it remembered that here to fore to wit. On the 16th Day of May A.D. 1849.
Charles A. McArthur one of the executives named in a cutan unstrument in
writing purporting to be the last will and Testament and Couicil of Abner
Hammond late of the city of Hudson in said county, deceased, appeared in open
court before the Suragate of the County of Columbia for himself and in behalf
of his co-executers named in this instrument .

I, Abner Hammond, of the city of Hudson in the County of Columbia. Do make and
publish this last will and testament in the manner following, that is to my:

First. I give and devise to my son Carlos Hammond, all that my farm of land
situate and being in the town of Claverack in the County of Columbia in a
purchase by me of Isaac Griffin together with the wood lot purchased of
Jonathan A. VanValkenburg and now used and occupied with the said farm. To
have and to hold the said farm and wood lot why said son Carlos Hammond to
occupy and enjoy and to take and receive the rents issue and profits thereof
for and during his natural life. And at and upon his demise I give said farm
to all his children living at the time of his decease. Their heirs and assigns
as tenants in common. And in case my said son Carlos Hammond shall die without
children him surviving, then and in that case. I give and devise the said farm
and wood lot to all the children of my son Alexander Hammond, of my daughters
Sally Maria McKinstry, Maritta Bessac, Barsheba White and Caroline McArthur
living at the time of the decease of my said son Carlos Hammond, their heirs
and assigned tenants in common. And I give and bequeth to my said son Carlos
Hammond, the horses, cattle, sheep, swine, poultry, waggons, carts, carriages,
sleighs, ??ploughs and farming implements and hay, grain, vegetables and
provisions that may be on said farm and owned by me at the time of my decease
either in sovereignty or in common with any other person. To have and to hold
all the afore said personal property to my said son Carlos Hammond, his
representatives and assigns.

Second. I give and devise to my son Alexander Hammond all that my dwelling
house and store situate and being at the corner of Wallen and Seventh streets
in the City of Hudson with the later which the same stands, as the said
dwelling house, Store and lot are owned by me with the out buildings therein:
To have and to hold the said house, store, lot and buildings to my said son
Alexander Hammond to occupy and enjoy and to take and receive the rents issue
and profits thereof for and during his natural life. And at and upon his
demise I give said House, Store, lot and buildings to all the children of my
said son Alexander Hammond living at the time of his decease. Their heirs and
assigns as tenants in common. And in case my said son Alexander Hammond shall
die without children him surviving, then and in that case I give and devise
the said farm and wood lot to all the children of my son Carlos Hammond, of my
daughters Sally Maria McKinstry, Maritta Bessac, Barsheba White and Caroline
McArthur living at the time of the decease of my said son Carlos Hammond,
their heirs and assigned tenants in common.

Third: Whereas I hold a mortgage for the sum fourteen hundred and twelve
dollars, made and executed by John Dusette to me bearing date the Eighteenth
day of October 1833 on certain lands in the town of Murray in the County of
Orleans. I give and bequeath to my daughter Polly Dusette the wife of said
John Dusette the interest accrueing thereon after my decease for her own
separate and exclusive use without the control or say of her said husband for
and during his natural life. And I direct my executors herein after named to
collect the interest on said mortgage annually after my decease and pay the
same to my said daughter Polly Dusette, in case she shall request them to do
so, and in case my said daughter, Polly Dusette shall not request my
executives to collect the interest in said mortgage and the said John Dusette
and Polly his wife shall occupy the said mortgaged premises then and in that
case I declare that such occupation shall be a satisfaction of the annual
interest accruing upon said mortgage during the time they shall occupy said
permises: and further increase the principal sum of said mortgage shall at any
time during the life of the said Polly Dusette be paid or collected. I direct
my excutives hereinafter named or the Survivors or Survivors of them to invest
the said principle sum in productive stocks or upon bond and mortgage in real
estate reserving in annual interest. And pay such annual interest to my said
daughter Polly Dusette during her natural life for her separate and exclusive
use without any control or subject to any aback of a against her said husband.
Once at and upon the decrease of the said Polly Dusette. I give and bequeath
the said principle sum of fourteen hundred and twelve dollars to all the
children of Polly Dusette living at the time of her decease, share and share
alike.

Fourth: I give devise and bequeath to my wife Lucinda Hammond, my sons, Carlos
Hammond and Alexander Hammond and my sons-in-law Robert McKinstry and Charles
McArthur and to the survivors and survivors of them their heirs and assigned
as joint tenants and not as tentants in common all the rest residue of my
estate real and personal upon the trust or use and purchase and subject to the
powers purvisions and declarations herein after mentioned and contained, that
is to say upon the trust that they the said trustees or the Survivors or
Survivors of them shall take and receive the rents, issues, profits and income
of the real estate herein devised to them in trust and within a measurable and
convinient time after my decease sell and dispose of the said real estate at
public or private sale as they deem advisable and for such price and upon such
terms and credit as they shall think proper and upon such sale to execute and
deliver to the purchaser or purchasers thusof good and sufficient deeds in the
law for the same. And that the said trustees or the survivors or survivors of
them as soon as they conviently can sell and dispose of all my personal estate
bequeathed to them and collect all monies due to me upon bonds notes accounts,
mortgages or otherwise howsoever I exempt the mortgage of John Dusette herein
before mentioned and out of the monies collected there from pay my funeral
charges and all my honest and just debts including the balance that may be due
and owing or remaining unpaid, upon my balance justagage, upon the afore said
farm devise to my son Carlos Hammond. And upon the further trust that the said
trustees or the survivors or the survivors of them shall invest the sum of
seven thousand dollars in good productive stocks or loan the amount on bonds
and mortgages upon incombered real estate, reserving an annual interest and
pay the annual interest of said sum of seven thousand dollars to my wife
Lucinda annually during her natural life the first payment to be made at the
expiration of one year per my decease and which said annual interest I declare
to be in lieu of her dower and thirds in and to all my estate real and
personal. And upon the decease of my said wife Lucinda pay the annual interest
arising from said sum of seven thousand dollars. One fourth part thereof to my
daughter Sally Maria during her natural life. One fourth part thereof to my
daughter Maritta during her natural life. One fourth part thereof to my
daughter Barsheba during her natural life. One fourth part thereof to my
daughter Caroline during her natural life. For them and each of them sole and
exclusive use and without any control of their respective husbands. And upon
the further trust that the said trustees or the survivors or the survivors of
them invest the sum of five hundred and eighty eight dollars in good
productive stocks or loan the amount on bonds and mortgages upon Real Estate
producing annual interest and pay such annual interest to my daughter Polly
Dusette the wife of John Dusette for her sole and exclusive use and without
any control of her said husband and upon the decease of my said daughter Polly
pay the said principle sum of five hundred and eighty eight dollars to all her
children living at the time of her decease in equal parts. And incase my said
daughter Polly Dusette shall die without children her surviving, then and in
that case the said trustees or survivors or survivors of them shall pay the
afore said two sums of fourteen hundred and twelve dollars and five hundred
and eighty eight dollars to all my grandchildren living at the time of the
decease of my said daughter Polly Dusette, share and share alike. And upon the
further trust that the said trustees or the survivors or the survivors of them
shall invest the one full and equal forth part of all the residues of all the
monies arising from the estate devised to them in trust in good and productive
stocks or loan the same in bonds and mortgages upon unincombered real estate
producing an annual interest and pay such annual interest to my daughter Sally
Maria the wife of Robert McKinstry annually during her natural life and upon
the decease of my said daughter Sally Maria pay the said principle sum
invested under this clause of my will to all the children of my daughter Sally
Maria living at the time of her death in equal parts: and incase my said
daughter Sally Maria shall die without children her surviving, then and in
that case pay all the principle sum to the children of my daughters Maritta
Bessac, Barsheba White and Caroline McArthur and of my sons Carlos Hammond and
Alexander Hammond living at the time of the decease of my said daughter Sally
Maria share and share alike. And that the said trustees shall in like manner
invest a full and equal fourth part of such residues and pay the annual
interest thereof to my daughter Maritta Bessac the wife of Henry W. Bessac
annually during her natural life and upon the decease of my said daughter
Maritta pay the said principle sum to all the children of my daughter Maritta
living at the time of her death in equal parts: and incase my said daughter
shall die without children her surviving, then and in that case pay the said
principle sum to all the to the children of my sons Carlos Hammond and
Alexander Hammond and my daughters Sally Maria, Barsheba and Caroline living
at the time of the decease of my said daughter Maritta share and share alike.
And that the said trustees shall in like manner invest a one other full and
equal fourth part of such residue as foresaid and pay the annual interest
thereof to my daughter Barsheba the wife of Joseph White annually during her
natural life and upon the decease of my said daughter Barsheba pay the said
principle to all her children living at the time of her death in equal parts:
and incase my said daughter Barsheba shall die without children her surviving,
then and in that case pay the said principle sum to all the to the children of
my sons Carlos Hammond and Alexander Hammond and my daughters Sally Maria,
Maritta and Caroline living at the time of the decease of my said daughter
Barsheba in equal parts. And that the said trustees shall in like manner
invest the remaining one full and equal fourth part of such residue and pay
the annual interest arrising therefrom to my daughter Caroline annually during
her natural life and upon her decease pay the said principle to all her
children living at the time of her deceae in equal parts: and incase my said
daughter Caroline shall die without children her surviving, then and in that
case pay the said principle sum to all the to the children of my sons Carlos
Hammond and Alexander Hammond and my daughters Sally Maria, Maritta and
Barsheba living at the time of the decease of my said daughter Caroline in
equal parts. All of which payments to my said daughters shall be for their
sale and exclusive use without any control or subject to any claim of or
against their respective husbands. And upon the further trusts that the same
trustees or the Survivors or Survivors of them shall after the decease of my
wife Lucinda pay the annual interest accruing upon the said sum of seven
thousand dollars herein before declared to be invested. One fourth part to
each of my four daughters Sally Maria, Maritta, Barsheba and Caroline during
their respective natural lifes in a manner before dizeded and when the decease
of either or any of my said daughters pay the one forth part of the seven
thousand dollars to all her children living at the time of her decease and
incase either of my said daughters shall die without children her surviving,
such forth part shall be paid to my said two sons and my said four daughters
living at the time of such decease of the afore said.

In with and whereof I have here unto subscribed my name and affixed my seal to
this my will consisting of seven pages to each of which I have subscribed my
name this Sixth day of February in the year of our Lord one thousand eight
hundred and thirty six. And I do hereby appoint my wife Lucinda, my sons
Carlos and Alexander and my sons in law Robert McKinnstry and Charles McArthur
executives thereof and hereby revoking any former wills by me made. Abner
Hammond L.S. 

Signed, sealed, published and declared by the said testatix as and for his his
last will and testament in presence of us who at his request in his presence
and the presence of each other have subscribed our names as witnesses thereto.
Josh Monell of the City of Hudson J.W. Edmonds of the City of Hudson.

I, Abner Hammond, of the City of Hudson do make publish and declare this to be
a codicil to my last will and testament in writing here to prefixed and to be
taken as a part thereof. Which I did in and by the first clause of my said
will give and devise to my son Carlos Hammond my farm of land and wood lot in
the town of Clavernack to occupy and enjoy and to take and receive the rents
issues and a profits there of for and during his natural life with a devise
once to the children of said son Carlos him surviving, and in the event of his
dying without leaving children him surviving, then to all the to the children
of my son Alexander Hammond and my daughters Sally Maria, Maritta, Barsheba
and Caroline living at the time of death of my said son Carlos their heirs and
assigns as tentants in common. And whereas since making my said will I have
purchased and paid for a farm of land in the County of Rensselar for my said
son Carlos pay to the executors named in my said will the sum of four thousand
dollars within six months after my decease or give them satisfactory security
within that time, for the payment there of in two years with interest, and
upon the payment of the said sum of four thousand dollars or giving security
for the payment thereof as is required then and in that case my said son
Carlos shall have the use and occupation of the said farm and wood lot or
receive the rents issues and profits thereof during his natural life and upon
his decease the said farm and wood lot to pass to his children or to the
children of my said son and daughters as is provided in the first clause of my
said will. But in the case my said son Carlos does not pay or give the said
security for the payment of the said sum of four thousand dollars as is herein
required then in that case give the said farm and wood lot to my wife Lucinda,
my son Alexander Hammond, and my sons-in-law Robert McKinstry, Henry W. Bessac
and Charles McArthur and the survivors and the survivors of them as joint
tenants and not as tenants in common to sell and convey the same and invest
one equal fourth part of the proceeds in the manner directed in the fourth
clause of my said will and pay the annual interest arrising therefrom to my
daughter Sally Maria McKinstry, during her natural life and upon her decease
pay the principle sum to her children living at the time of her decease and in
case she shall die without children her surviving, then pay the same to the
children of of my sons Carlos and Alexander and my daughters Maritta, Barsheba
and Caroline living at the time of the decease of my said daughter Maria. And
in the like manner invest one other full fourth part of said proceeds and pay
the annual interest thereof to my daughter Maritta during her natural life and
upon her decease pay the principle sum to her children living at the time of
her decease and in case she shall die without children her surviving, then pay
the same to the children of of my sons Carlos and Alexander and my daughters
Sally Maria, Barsheba and Caroline living at the time of the decease of my
said daughter Maritta. And in the like manner invest one other equal fourth
part of said proceeds and pay the annual interest thereof to my daughter
Barsheba during her natural life and upon her decease pay the principle sum to
her children living at the time of her decease and in case she shall die
without children her surviving, then pay the same to the children of aforesaid
sons and daughters Sally Maria, Maritta and Caroline living at the time of the
decease of my said daughter Barsheba. And in the like manner invest the other
equal fourth part of said proceeds and pay the annual interest thereof to my
daughter Caroline during her natural life and upon her decease pay the
principle sum to her children living at the time of her decease and in case
she shall die without children her surviving, then pay the same to the
children of aforesaid sons and daughters Sally Maria, Maritta and Barsheba
living at the time of the decease of my said daughter Caroline.

And where I did in and by the issued clause of my said will give and devise to
my son Alexander for life with a devise as therein maintained and provided, my
dwelling house, store and lot of land on the corner of Warren and seventh
streets in the City of Hudson: And whereas sinse the making of my said will I
hhave made an addition to the store and erected a dwelling house on said lot,
Now I give and devise the said new dwelling house erected in the rear of said
lot with resonable and proper priviledges in the yard, living and cistern as
now used by my family to the trustees named in the forth clause of my said
will and the survivors and the survivors of them upon the trust and for the
uses and purposes mentioned in the fourth clause of my said will in regard to
the investment for the use of my said daughters Slly Maria, Maritta, Barsheba
and Caroline sorerally and the payment of the principle sums upon the decease
of my said daughters imperitively, it being my intention that the monies
issuing from sale of the said new house shall be invested the fourth part
thereof for each of my said daughters to whom annual interest to be paid and
the principle sum upon her decease to be paid as is provided in the said
fourth clause of my said will.

And where as since making my said will I have taken from John Dusett two other
mortgages on his farm in the town of Murray in the County of Orleans, the one
for five hundred dollars, dated the twenty second day of October one thousand
eight hundred and thirty-six dollars, the other for six hundred dollars dated
the fourth of January one thosand eight hundred and thirty six. Now I give,
bequeth and dispose of the said mortgages and the interest arrising therefrom
in the same manner to the same uses abd for the same purchase mentioned and
declared in the third clause of my said will in regard to the mortgages in
said third clause mentioned with the same directions to executors as is
therein mentioned in the respect to said mortgages And instead of the sum of
five hundred and eighty-eight dollars which in and by the fourth clause of my
said will I have directed to be invested I direct the sum of two hundred and
fifty dollars only to be invested and the annual interest to be paid to my
daughter Polly Dusett during her natural life and the said principle sum of
two hundred and fifty dollars to all her children living at the time of her
decease and in case of her death without children her surviving to all my
grandchildren living at the time of her death.

In witness when I have here unto subscribed my name and affixed my seal the
25th day of March AD 1846. Abner Hammond L.S.

Signed, sealed, published and declared by the said Abner Hammond as and for a
codicil to his last will and testament to which it is annexed and to be taken
as part thereof in presence of us who at his request subscribed our names as
witnesses thereto. H. Hoyeboom Hudson, Columbia Co., Jos Dellawell of the City
of Hudson.

Columbia County as Josh Monell/John W. Edmonds/Henry Hoyeboom/ Jos Dellawell
of the City of Hudson/N.Y. in the County of Columbia/N.Y. being first duly
sworn deposes and says that they are subscribing witnesses to the instrument
now shown to them purporting to be the [codicil to] Last Will and Testament of
Abner Hammond deceased and bearing date on the Sixth day of March in the year
of our Lord one thousand eight hundred and thirty six that their names as
witnesses to said instrument at the request and in the presence of the said
Abner Hammond and in the presence of each other. That the deponents saw the
said Abner Hammond was of sound and disposing mind and memory of full age, and
not under restraint to these deponents best knowledge and belief. That the
said Abner Hammond is now dead, and was at the time of her death an inhabitant
of the City of Hudson in the County of Columbia. Josh Monell/John W.
Edmonds/Henry Hoyeboom/ Jos Dellawell 18th day of July 1849 C.W. Dulchin
Surrogate

Columbia County: Recorded the proceeding last will and testament and codicil
of Abner Hammond deceased as a will of Both Real and Personal Estate together
with the proofs taken in the Court of the Surrogate of the County of Columbia
declaring to the said last will and council which deemed is hereby signed and
certified by me pursuant to provisions of the Revised statutes this the
eightenth day of July in the year one thousand eight hundred and forty-nine.
Charles B. Dulchin Surrogate