WILL: Andries Brandt;  Ancram, Columbia co., NY 
surname: Brandt, Felts

submitted by Barbara Myers (bp_myers at yahoo.com) 
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Submitted Date: January 30, 2006
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Source: Sampubco.com
Columbia co NY Will Book Vol. M page 396
Written: November 21, 1859
Recorded: August 18, 1862

Transcribed from SAMPUBCO copy by Barbara P Myers

Record of the Last Will and Testament of Andries Brandt, late of the Town of
Ancram, County of Columbia and State of New York, deceased, relating to both
real and personal estate, together with the proofs taken in respect thereto...

Recorded August 18th AD 1862.

Columbia County ss: Be it remembered that heretofore to wit on the twenty
seventh day of June in the year of our Lord one thousand eight hundred and
sixty two, Archelaus Brandt and David Brandt the Executors named in the Last
Will and Testament of Andries Brandt late of the Town of Ancram County of
Columbia State of New York deceased appeared in open Court before the
Surrogate of said County and made application to have the said Last Will and
Testament which relates to both real and personal Estate proven and admitted
to probate and record.

And on such application the said Surrogate did ascertain by satisfactory
evidence or oath who were the widow and heirs and next of kin of said
deceased, and their respective places of residence as far as the same were
known and could upon diligent enquiry be ascertained. And there appearing to
one of said heir who was a minor having no general guardian within this State,
a special guardian was appointed in due form of law to take care of the
interests of said minor in the matter of proving said Will.

And thereupon the said Surrogate did issue a Citation in due form of law
directed to the said widow, heirs, and next of kin, and special Guardian by
their respective names, and stating their respective places of residence
aforesaid requiring them to appear before said Surrogate at his office in the
City of Hudson on the eighteenth day of August ____ ___ them and theirs to
attend the probate of said Will.

And afterwards to wit on the said eighteenth day of August satisfactory proof
of affidavit was produced and presented to said Surrogate of the service of
the said Citation in the modes prescribed by law.

And no one appearing to oppose the probate of said will such proceedings were 
thereupon had that the said Surrogate took the proof of the said Will 
hereinafter set forth upon this eighteenth day of August in the year one 
thousand eight hundred and sixty two.

And be adjudged the said will to be a valid will of real and personal estate
and the proofs thereof to be sufficient which said Last Will and Testament and
proofs are as follows, that is to say ;

In the name of God, I Andries Brandt of the Town of Ancram, Columbia County
and State of New York, and being of sound mind and memory; do make and publish
this my last Will and testament. 

First. I order my said Executors to pay all of my just debts and funeral
expenses.

Second. I give and devise to my beloved wife Elizabeth Brandt, the use and 
occupation of all my real and personal Estate, for and during her natural
life.

Third. I give and devise to my two sons David Brandt and Archelaus Brandt, all 
the real estate that I shall die seized to them absolutely, subject
nevertheless to the life estate of my said wife, and the legacies thereinafter
mentioned, which are to be paid in one year from and after the decease of my
said wife by my said sons David and Archelaus if not otherwise provided, and
to be considered a lien upon my said real estate until paid.

Fourth. I give and bequeath to my son Andries Brandt, the sum of three
thousand two hundred dollars, and not to be paid by my sons David and
Archelaus unless they shall deem it prudent and discreet to do so, but as long
as such payment shall be suspended the said David and Archelaus shall pay to
the said Andries the annual interest of said sum at the rate of seven percent
per annum. The interest to commence running in one year from and after the
decease of my said wife, and in case the said principal is not paid to my said
son Andries during his natural life, upon his decease the said legacy shall be
paid to his legal heirs.

Fifth. I give and bequeath to my daughter Mary the wife of Andries Felts the
sum of one thousand dollars.

Sixth. I give and bequeath to my daughter Margaret the wife of Jonas Felts the 
sum of one thousand dollars.

Seventh. I give and bequeath to my son Archelaus Brandt four hundred and fifty 
dollars to be paid to my son Archelaus by my son David, as a condition to my 
devising to lien one equal undivided half of my real estate.

Eight. After the decease of my said wife Elizabeth, I order the personal 
property that shall remain after her decease to be divided equally among all
of my children.

Ninth. It is to be understood that I order and direct that all indebtedness
that shall exist to me from my said children up to the date of these presents
are to be canceled.

Tenth. I do hereby appoint and nominate my two sons David and Archelaus Brandt
my Executors of this my last will and testament, revoking all former will by
me made.

In witness whereof I have hereto set my hand and seal this 21st day of
November 1859.

Andries Brandt (LS)

The above instrument containing one sheet of paper was at the date thereof 
declared to us by Andries Brandt the testator therein mentioned to be his Last
will and testament and be at the same time acknowledged to us and each of us
that he had signed and sealed the same and we thereupon at his request and in
his presence and in the presence of each other signed our names thereto as
such attesting witness.

J. Boothe, Pine Plains Dutchess Co
Richard Peck of the same place

Surrogate Court, Col Co in the matter of proving the Last Will and Testament
of Andries Brandt deceased

Columbia County ss: Justus Boothe of the Town of Pine Plains in the county of 
Dutchess, being first duly sworn deposes and says, that he is a subscribing
witness to the instrument now shown to him, purporting to be the Last Will and
Testament of Andries Brandt deceased, and bearing date on the twenty first day
of November in the year of our Lord one thousand eight hundred and fifty nine,
that the deponent and Richard Peck the other subscribing witness, signed their
names as witnesses to said instrument, at the request, and in the presence of
the said Andries Brandt, and in the presence of each other. That the deponent
saw the said Andries Brandt in the act of executing the said instrument, but
is not positive that he saw him write his name, and heard him declare the same
to be his Last will and Testament, at which time the said Andries Brandt was
of sound and  disposing mind and memory, of full age, and not under any
restraint according to the deponents best knowledge and belief. That the 
said Andries Brandt is now dead and was at the time of his death an inhabitant
of the Town of Ancram in the County of Columbia. 
J. Booth 
Sworn to before me in open Court this 18th day of August 1862
Chas. Esselstyn Surrogate

Columbia County ss: Richard Peck of the Town of Pine Plains in the County of 
Dutchess, being first duly sword deposed and says that he is a subscribing
witness to the instrument now show to him purporting to be the Last Will and
Testament of Andries Brandt deceased, and bearing date on the twenty first day
of November in the year of our Lord one thousand eight hundred and fifty nine.
That the Deponent and Justus Boothe, the other subscribing witness, signed
their names as witnesses to said instrument, at the request and in the
presence of the said Andries Brandt, and in the presence of each other. That
the said deponent saw the said Andries Brandt execute the said instrument and
heard him declare the same to be his Last Will and Testament, at which time
the said Andries Brandt was of sound and disposing mind and memory, of full
age, and not under any restraint according to the deponents best knowledge and
belief. That the said Andries Brandt is now dead and was at the time of his
death a citizen of the United States of America, and an inhabitant of the Town
of Ancram in the County of Columbia. 
R. Peck
Sworn to before me in open Court this 18th day of August 1862
Chas. Esselstyn Surrogate

Columbia County ss:
Recorded the preceding Last will and Testament of Andries Brandt deceased, as
and for a valid will of real and personal estate; together with the proofs in
respect thereto taken in the Court of the Surrogate of Columbia County. Which
record is hereby signed and certified by me pursuant to the Provisions of the
Revised Statutes, this eighteenth day of August in the year of our Lord one
thousand eight hundred and sixty two.
Chas Esselstyn Surrogate