WILL: Peter Head; Kinderhook, Columbia co., NY surname: Head, submitted by Donovan Henderson (Donovanhenderson at msn.com) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm *********************************************************************** Source: sampubco.com photocopy Columbia Co., NY Will Book Vol. O page 487 Written: 14 Nov 1860 Probated: 27 Mar 1872 Transcribed from SAMPUBCO copy by Donovan Henderson Record of the Last Will and Testament of Peter Head late of the Town of Kinderhook deceased as a Will of Personal Estate. Together with the proofs taken in the Court of the Surrogate of the County of Columbia, relating thereto. Recorded March 27th AD 1872 I Peter Head of the Town of Kinderhook in the county of Columbia and State of New York do make and publish my last Will and Testament as follows. First. I give and bequeath to my wife Gitty all household furniture and household effects of all kinds used in keeping house which I may own at my Decease over and above what is by law directed to be set apart for the use of a widow upon the Inventory of the Estate of a deceased husband. And all the rest and residue of my personal Estate of every kind and description I give and bequeath to my son Thomas Head. Second. I order and direct my son Thomas to pay all my just debts and funeral expenses out of the personal Estate above bequeathed to him and out of the real Estate hereinafter devised to him. Third. I give and bequeath to my wife Gitty the sum of Four hundred Dollars to be paid to her by my son Thomas in one year after my decease with Interest. And I also give and bequeath to her an Annuity or yearly sum of fifty Dollars during her life to be paid to her by said Thomas in each and every year. The first payment to be make at the expiration of one year from my decease. And I order and direct said Thomas to pay said Legacy of four hundred dollars and said Annuity to my said wife and I charge the real Estate hereinafter devised to said Thomas with said Legacy and Annuity, and I order and direct that the provisions aforesaid and hereinafter for the benefit of my wife are to be taken and accepted by her in satisfaction of all right of Dower in my Estate. Fourth. I give and devise to my said wife for the term of her life the North Room in my dwelling house and the bedroom over said North room, and also the right to use in common the Privy. Also the North half of the garden and the use in common of the well near said house and of the yards around said house. To pass and repass over the said and for other purposes as required by a family. And I also give to my said wife her reasonable fire wood & pasturage for one cow from the real Estate hereinafter devised to my son Thomas, and I order and direct that he shall cut the wood in the woods for her and haul it to a place convenient to her said Rooms and cut up the said for her ready for her use. Fifth. I give and bequeath to my Daughter Lydia Maria Head her board in the family of my said son Thomas on the Real Estate hereinafter devised to him for the term of one year from my decease. Sixth. I give and bequeath to my son Jonathan P. Head, and to my said Daughter Lydia Maria Head, and to my daughter Catharine Christina wife of Chilon Howard each the sum of Six Hundred Dollars to be paid to them by my said son Thomas in one year after my decease without Interest. Seventh. I give and devise to my said son Thomas and to his heirs and Assigns the whole of my Real Estate Consisting of the farm in said Town of Kinderhook on which I have for some years resided and now reside, but subject to the devise and privileges aforesaid to my wife, and subject to his paying her the Legacy and Annuity aforesaid and subject to his providing my said Daughter Lydia Maria with the board as aforesaid, and subject to his paying the Legacy aforesaid to my son and Daughters as aforesaid, and I charge said Real Estate with the Legacy and Annuity aforesaid to my wife and with providing fire wood as aforesaid for her and with providing said Lydia Maria with board as aforesaid and with the payment of the Legacies aforesaid to my son Jonathan and my Daughters as aforesaid. I also give and bequeath to my said wife from said Real Estate what fruit she may want when growing thereon for her use in her family and the devise aforesaid to said Thomas is subject to this Provision for her. Last. I appoint my said son Thomas sole Executor of this my Will. In Witness whereof I have hereto set my hand and Seal the fourteenth day of November in the Year One Thousand Eight hundred and Sixty. Peter Head (Seal) Signed Sealed Published and Declared by Said Peter Head as and for his last Will and Testament in our presence and we have hereto in his presence and at his request & in presence of each other subscribed our names as Witnesses. Words "and funeral expenses" "to said Thomas" on 1st page interlined "when growing thereon" on 3 page first interlined, "& pasturage for one cow" on 2 page first interlined D. Van Schaack Kinderhook J. M. Pruyn Kinderhook County of Columbia ss: Chas L Beale of the City of Hudson in said County being duly Sworn and examined before Herman V Esselstyn Esq. Surrogate of the County of Columbia doth depose and say that he was well acquainted with John M. Pruyn late of the town of Kinderhook in his life time and with his manner and style of handwriting having often seen him write and that he verily believes that the signature "J M Pruyn" signed as a witness to the Instruments in writing now produced and shown to this deponent bearing date the 14th day of November AD 1860 purporting to be the last Will and Testament of Peter Head deceased, is the true and genuine handwriting and signature of the said John M. Pruyn and that the said John M Pruyn is now dead. Sworn to this 27th day of } Chas L Beale March 1872 before me } H. V. Esselstyn Surrogate Sylvester Becker of Kinderhook in said County being duly Sworn and examined before Herman V Esselstyn Esq. Surrogate of the County of Columbia doth depose and say that he was well acquainted with D. Van Schaack late of the Town of Kinderhook in his life time and with his manner and Style of handwriting having often seen him write, and that he verily believes that the signature "D. Van Schaack" signed as a witness to the instrument in writing now produced and shown to this deponent bearing date the 14th day of November AD 1860 purporting to be the last Will and Testament of Peter Head, deceased, is the true and genuine handwriting and signature of the said D. Van Schaack and that the said D. Van Schaack is now dead. Deponent further says that he was well acquainted with the said Peter Head in his life time and with his manner and style of handwriting having often seen him write, and that he verily believes that the signature "Peter Head" signed to the said Instrument in writing and purporting to be the Last Will and Testament of the said Peter Head, deceased, is the true and genuine handwriting and signature of the said Peter Head. Sworn to before me this } Sylvester Becker 27th day of March 1872 } H. V. Esselstyn Surrogate Columbia County ss: Recorded the preceding Last Will and Testament of Peter Head late of the Town of Kinderhook in the County of Columbia deceased as a Will of Personal Estate together with the proofs taken in the Court of the Surrogate of the County of Columbia relating thereto; Which record is hereby signed and certified by me pursuant to the Provisions of the Revised Statutes of the State of New York this 27th day of March 1872. H. V. Esselstyn Surrogate