WILL: Martin Van Buren; Kinderhook, Columbia co., NY
surname: Van Buren, Cantine

submitted by W. David Samuelsen
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Transcribed by W. David Samuelsen (SAMPUBCO)
Columbia Co., NY Will Book Vol. M page 380

Record of the Last Will and Testament of Martin Van Buren, late of the Town of
Kinderhook, in the County of Columbia & State of New York, deceased, relating
to both real and personal Estate, with the proofs taken in respect thereto...

Recorded August 1st AD 1862

Columbia County SS:

Be it remembered that heretofore to wit on the first day of August in the year
of our Lord one thousand Eight hundred and sixty two Abram Van Buren and John
Van Buren both of the City, County and State of New York and Smith T. Van
Buren of the Town of Kinderhook and County of Columbia, the Executors named in
the Last Will and Testament of Martin Van Buren late of the Town of Kinderhook
in the County of Columbia and State of New York, appeared in open court before
the Surrogate of the said County of Columbia and made application to have the
said Last Will and Testament relating to both real and person Estate and
bearing date on the eighteenth day of January in the year one thousand Eight
hundred and sixty, proven and admitted to probate.

And on such application the said Surrogate did ascertain by satisfactory
Evidence under oath who were the only heirs at law and next of kin of said
Martin Van Buren deceased, and their respective places of residence. And it
appearing that the said Executors were such only heirs and next of kin and all
of the full age twenty one years and upwards. And the said Abram, John and
Smith T. Van Buren having requested in writing that the said Will be admitted
to probate & letters testamentary granted thereon forthwith, and the said
Surrogate having thereupon duly granted and Entered the order for the
immediate examination of witnesses in the matter of proving said Will. And no
one appearing to oppose the probate thereof such proceedings were thereupon
had afterwards, that the said Surrogate took the proof of the said Will
hereinafter let forth upon this first day of August in the year of our Lord
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;

I, Martin Van Buren of the Town of Kinderhook County of Columbia, and State of
New York, heretofore Governor of the State and more recently President of the
United States, but for the last and happiest years of my life, a Farmer in my
native Town, do make & declare the following to be my last will & testament.

First. I direct my Executors hereinafter named to pay without delay, my
funeral expenses & all outstanding bills. Debts in the ordinary acceptation of
that term I owe now & hope to leave none.

Secondly.
I direct that no account shall be taken of advances by me heretofore made to
either of my sons and that they shall be considered as settled - with the
exceptions of a bond I hold against my son Abraham for two thousand Dollars.
And also a note against my son John for Four Thousand Eight hundred and
fifteen dollars which were agreed to be considered as business transactions
strict the amount due on each at my death (the interest having been punctually
paid to the present year) is to be charged to them respectively and deducted
from their shares of my estate. The like charge and reduction shall be made in
respect to any future payments by me or by my Estate in cases where I have
made myself liable as surety for either of my sons, but in which nothing has
yet been paid by me.

Thirdly.

In consideration of advances which I have made to my sons Abraham & John
whilst now have been made to my son Smith Thompson, I bequeath to the latter
all my personal chattels & effects, excepting therefrom all the debts that may
be due to me and stocks that I may own at my death, and also my wine & stock
on my farm, my miscellaneous library is intended to be included in this
bequest, but not my law library which I bequeath to my son John.

Fourthly.
I give to my grandson Singleton Van Buren a gold snuff Box presented to me
with the Freedom of the City by the Corporation of the City of New York, and
to my grandson Martin son of Abraham, the marble bust made of me by Powers
which I had previously presented to his mother, I now transfer to the son by
her direction I give to my grandson Martin Van Buren son of my son Smith
Thompson, a silver pitcher, presented to me, some years since by my old &
always sincere friend Benjamin F. Butler.

Fifthly.
I direct my Executors to expend four hundred dollars, or so much thereof as
may be necessary, in obtaining a copy of the bust of me by Powers, which copy
I give to my grandson Edward Livingston Van Buren.

Sixthly.
I direct my Executors to lay out five hundred Dollars for Keepsakes for my
grandson Travis Van Buren, and for my granddaughters, Anna, Ellen, Catherine &
Eliza Van Buren.

Seventhly.
I request my Executors to regard themselves as standing toward my best of
sisters Dirike Van Buren if she shall survive me, in the relation I occupied
when living, & to omit nothing in the way of pecuniary advances that may
contribute to her comfort out of my Estate.

Eightly.
I direct my Executors to pay to my niece Christina Cantine two hundred dollars
& to each of my nieces Lucretia Van Buren & Jane Ann Van Buren the sum of one
hundred dollars; and I give and devise to my nephew Martin Van Buren, son of
my brother Lawrence, & to his heirs and assigns forever all my interest in a
small dwelling with the Lot on which it stands adjoining his father's house,
conveyed to me by the latter as security for money lent, but the latter devise
is upon condition that his father relieves me or my estate from my remaining
security ship to the State of New York.

Ninthly.
I hereby appoint my three sons Abraham, John & Smith Thompson, Executors of my
last & only will; and I do hereby authorize & empower them or such of them as
shall take upon themselves the execution thereof, and the survivors or
survivor of them, to fulfill by the Execution of conveyances & otherwise as
may be proper, any contracts for the sale of lands, made by me, which shall be
outstanding at the time of my death.

Lastly.
I hereby give devise & bequeath to my three sons, Abraham, John & Smith
Thompson all the remainder & residue of my personal Estate not required ro the
purposes of my will under the provisions above made, & all my real estate
wheresoever situated, to be equally divided between them To Have and to hold
their respective shares thereof to them, their heirs & assigns forever,
subject to the following conditions & reservations viz - 

First - that out of the avails of the sale of Lindenwald there shall be
reserved & paid over to my son Smith Thompson, his heirs or assigns the sum of
Seven Thousand five hundred dollars in full satisfaction for his advance
towards the expenses incurred by the additions to and improvements upon the
dwelling House & out buildings with the expectation that the Place would be
devised to him upon terms that would be equitable in the respect to his
brothers, the payment to be without interest during my lifetime.

Secondly - that upon the sale of Lindenwald the preference shall be offered in
succession to my sons, beginning for the reason above assigned & no other,
with the youngest if the son accepting the same as willing to pay therefor as
much as the place can be sold for on the market.

The three pieces of plate last presented to me for by deceased friend,
Benjamin F. Butler, I bequest to my three sons Abraham, John & Smith Thompson,
to be equally divided between them.

In witness whereof I have to this Instrument set my hand & seal this
eighteenth day of January in the year of our Lord one thousand Eight hundred
and sixty.
M. Van Buren (seal)

Subscribed, sealed, published and declared by the said testator Martin Van
Buren to be his last Will & Testament in the presence of us the undersigned
who at his request or in his presence and in the presence of each other have
hereunto subscribed our names as witnesses & affixed our respective places of
residence this 18 day of Jany 1860.

John M. Pruyn, M.D. of Kinderhook
Laura Collins of Albany

If my faithful James remains and so on my death I wish my Executors to make
him a present of one hundred dollars.
M. Van Buren

Surrogates Court, Columbia County
In the matter of proving the Last Will & Testament of Martin Van Buren, decd.

Columbia County ss:
Laura Collins of the City of Albany in the County of Albany, being first duly
sworn depose and says that she is a subscribing witness to the Instrument now
shown to her purporting to be the Last Will and Testament of Martin Van Buren
deceased and bearing date on the Eighteenth day of January in the year of our
Lord one thousand Eight hundred and Sixty - that the deponent and John M.
Pruyn the other subscribing witness signed their names as witnesses to said
instrument, at the request and in the presence of the said Martin Van Buren
and in the presence of each other. That the deponent saw the said Martin Van
Buren execute the said Instrument and heard him declare the same to be his
Last Will and Testament, at which time the said Martin Van Buren was of sound
and disposing mind and memory, of full age and not under any restraint
according to the deponent's best knowledge and belief. That the said Martin
Van Buren is now dead, and was at the time of death an inhabitant of the Town
of Kinderhook in the County of Columbia - 

Sworn to before me this 1st day of August AD 1862 in Open Court} Charles
Esselstyn, Surrogate

Columbia County ss:
John M. Pruyn of the Town of Kinderhook in the County of Columbia, being first
duly sworn depose and says that he is a subscribing witness to the Instrument
now shown to her purporting to be the Last Will and Testament of Martin Van
Buren deceased and bearing date on the Eighteenth day of January in the year
of our Lord one thousand Eight hundred and Sixty - that the deponent and Laura
Collins the other subscribing witness signed their names as witnesses to said
instrument, at the request and in the presence of the said Martin Van Buren
and in the presence of each other. That the deponent saw the said Martin Van
Buren execute the said Instrument and heard him declare the same to be his
Last Will and Testament, at which time the said Martin Van Buren was of sound
and disposing mind and memory, of full age and not under any restraint
according to the deponent's best knowledge and belief. That the said Martin
Van Buren is now dead, and was at the time of death an inhabitant of the Town
of Kinderhook in the County of Columbia - 

Sworn to before me this 1st day of August AD 1862 in Open Court} Charles
Esselstyn, Surrogate

Columbia County ss:
Recorded the preceding Last Will and Testament of Martin Van Buren deceased,
as and for a valid Will of real and personal Estate, together with the proofs
taken in respect thereto in the Court of the Surrogate of said County - which
Record is hereby signed and certified by me pursuant to the provisions of the
Revised Statutes of this State, this first day of August in the year of our
Lord one thousand Eight hundred and sixty two.

Chas. Esselstyn, Surrogate