WILL: David S. Reynolds; Chatham, Columbia co., New York surname: Reynolds submitted by Mary Zednick (mzednick @ 3rivers.net) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO photocopy by Mary Zednick Columbia Co NY Will Book Vol. N page 376 Be it remembered that heretofore to wit on the 13th day of July 1866 Harris Reynolds the executor named in the last Will and Testament and codicil annexed of David S. Reynolds late of the town of Chatham deceased appeared in open court before the Surrogate of the county of Columbia and made application to have the said last Will and Testament and codicil annexed which relates to both Real and Personal Estate proved. And on such application the Surrogate did ascertain by satisfactory evidence who were the heirs and next of kin of the said testator and their respective render -- said Surrogate did thereupon issue a citation in due form of law directed to the said heirs and next of kin by their respective names stating their respective places of residences requiring them to appear before said Surrogate at his office in the City of Hudson on the 10th day of September to attend the probate of the said Will and Testament and codicil annexed thereto. And afterwards to wit on the said 10th day of September satisfactory evidence by affidavit was produced and presented to said Surrogate of the s---- of the said citation in the mode prescribed by law. And some of the said heirs and next of kin appearing to be minors and having no General Guardian residing within the state of New York, a special Guardian was appointed in due form of law. To take care of their interests in the matter of proving the said Will and codicil annexed by an order intended for that purpose by said Surrogate. And on that day no one appearing to appose the probate of the said Will and codicil annexed such proceedings were thereupon ---- afterwards that the Surrogate took the proof of said Will and codicil annexed hereinafter set forth upon the 10th day of September in the year 1866. And he adjudged the said Will and codicil annexed to be a valid Will and codicil annexed of Real and Personal Estate and the proof thereof to be sufficient. Which said last Will and Testament and the codicil annexed and the proof on as follows that is to say In the Name of God Amen. LAST WILL AND TESTAMENT OF DAVID S. REYNOLDS I, David S. Reynolds, of the town of Chatham County of Columbia and state of New York of the age of seventy-eight years and being of sound mind and memory do make publish and declare this my last will and Testament in manner following that is to say First I give and bequest to my beloved wife Sarah Reynolds to be accepted and received by in lieu of dower the use of One thousand and five hundred dollars for and during her natural life which sum is to be invested by my said Executor and set apart from my said Estate and the interest thereof paid by him to my said Wife annually thereafter - from my death - so long as she lives, which said legacy t my said Wife I hereby make a charge and lien upon my real estate until the said fifteen hundred dollars are invested by my said Executor by bond and Mortgage upon Real Estate sufficiently secure, and the interest thereon made payable to her for and during her natural life, and the principle payable to my said Executor at her death for distribution. Second I give and devise all my Real Estate situate in the said town of Chatham or else where of every name and nature whatsoever to my children to wit Harris Reynolds, Isaiah Reynolds, Norman Reynolds and Orphia Reynolds and to my grandson, son of my deceased son Claudius Reynolds, to wit Clarence Eugene Reynolds to be divided between the said five, share and share alike, together with all the hereditaments and appurtenance as thereunto belonging or in any wise appertaining to have and to hold the said premises, to their and to their and to their heirs and assignees forever. Third I give and bequest all the rest residue and remainder of my Personal Estate - goods and chattels of what nature or kind soever, to my said children Harris Reynolds, Isaiah Reynolds, Norman Reynolds, Orphia Reynolds and Grand son Clarence Eugene Reynolds, to be divided equally between them share and share alike. And lastly I do hereby establish and appoint my said son Harris Reynolds sole Executor of this my last Will and Testament hereby revoking all former Wills by me made. In Witness Whereof I have herein set my hand and seal this 27 the day of October in the year of our Lord One Thousand Eight hundred and sixty-four. David S. Reynolds S.S. The above instrument consisting of one half sheet was at this date thereof signed sealed, published and declared by the said David S. Reynolds as and for his last Will and Testament, in presence of me, who at his request, and in his presence and in the presence of each other, have subscribed our names as witnesses thereto. E.S. Strait Nassau NY George W Williams ----- Col Co CODICIL Whereas I have made my last Will and Testament which is hereto annexed. Now therefore I do by this my writing which I hereby declare to by a codicil to my said last Will and Testament, and to be taken as a part thereof, order and declare that my Will is, that the Executor Harris Reynolds retain in his hands as his own out of the legacies bequest or denied to Norman Reynolds a legatee named in said, or out of the avail proceeds thereof a sum sufficient to pay any and all the indebtedness of the said Norman Reynolds to the said Harris Reynolds at the time of my death together with the interest therein not however to exceed the sum of Eight hundred dollars which amount of indebtedness (if any) I hereby make a charge and lien upon the legacies and bequest given to said Norman Reynolds by said will. In Witness Whereof I have hereunto set my hand and seal the 21st day of December in 1864. David S. Reynolds S.S. The above instrument consisting of one half sheet was this date thereof signed, sealed, published, and declared by the said David S. Reynolds as and for a codicil to his last Will and Testament in presence of me who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto. J.M. Whitluck, Nassau NY E.S. Strait, Nassau NY Surrogates Court ~ Columbia County In the matter of Proving the Last Will and Testament of David S. Reynolds Decd E.S. Strait of Nassau NY and George W. Williams of the town of Chatham in the County of Columbia NY being first duly sworn in open court on their oath do depone and say that they are the subscribing witnesses to this instrument now shown to them purporting to be the Codicil of the last will and Testament of David S. Reynolds late of the town of Chatham in the County of Columbia aforesaid deceased and bearing date on the 27th day of October in the year of our Lord One Thousand Eight Hundred and sixty four. That the deponents signed their names as witnesses to said instrument at the request and in the presence of the said David S. Reynolds and in the presence of each other. That the deponents saw the said David S. Reynolds execute the said instrument and heard him declare the same to be a codicil to his Last Will and Testament at which time the said David S. Reynolds was upwards of twenty-one years of age of sound mind and memory and not under restraint to the knowledge and belief of these deponents. That the said David S. Reynolds is now dead and was at the time of his death an inhabitant of the town of Chatham in the County of Columbia and state of New York. Sworn to before me this 10th day of Sept 1866 E.S. Strait Chas Ess----- George W. Williams Surrogate Surrogate Court ~ Columbia County In the matter of proving the last Will and Testament and Codicil of David S. Reynolds Deceased E.S. Strait of Nassau N.Y. and Jacob M. Whitluck each of the town of Nassau in the County of Rennselaer being first duly sworn in open Court on their oath do depone and say that they are the subscribing witnesses to this instrument now shown to them purporting to be the Codicil of the Last Will and Testament of David S. Reynolds late of the town of Chatham in the County of Columbia aforesaid deceased and bearing date on the twenty first day of December in the year of Our Lord One Thousand Eight hundred and sixty four. That the deponents signed their names as witnesses to said instrument at the request and in the presence of the said David S. Reynolds and in the presence of each other. That the deponents saw the said David S. Reynolds execute the said instrument and heard him declare the same to be a codicil to his Last Will and Testament at which time the said David S. Reynolds was upwards of twenty-one years of age of sound mind and memory and not under restraint to the knowledge and belief of these deponents. That the said David S. Reynolds is now dead and was at the time of his death an inhabitant of the town of Chatham in the County of Columbia and State of New York Sworn to before me this E.S. Strait 10th day of Sept 1866 J.M. Whitluck Chas Ess----- Surrogate