WILL: Benjamin A. Germond;  Dover, Dutchess co., NY 
surname: Germond, Perry, Cline, Hooker, Vincent

submitted by Gayle Hendren (gr3808 @ aol.com) 
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Submitted Date: May 15, 2004
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Source: Sampubco
Dutchess co NY Will Book Vol. K, page 514
Written: February 26 1839
Recorded: April 18 1839

Transcribed from SAMPUBCO copy by Gayle Hendren
Dover, Dutchess County, New York
Will book volume K, page 514

Record of the last Will and Testament of Benjamin A. Germond deceased, proved
and Recorded as a Will of Real an Personal Estate this eighteenth day of April
in the year one thousand eight hundred and thirty nine.

State of New York, Dutchess Surrogate Court
In the matter of proving the Will
Of Benjamin A. Germond deceased                          Dutchess County

Surrogate office ss. Be it remembered that heretofore upon due application for
that purpose to the Surrogate of said Dutchess County, citations were issued
by said Surrogate to the heirs and next of kin of said deceased, which said
citations with the admissions and proofs of service thereof, were thereafter
returned to said Surrogate, and are as follows, to wit: -

The People of the State of New York:  By the grace of God free and
Independent, To all to whom these presents shall come or may concern and
especially To Rachel Germond, Widow of Dover, and George M. Perry of
Poughkeepsie, Dutchess County Guardian ad litem(?) of Charles Germond, a
minor, heirs of Benjamin A. Germond, deceased.  Greetings

Whereas, Benjamin A. Germond, late of the Town of Dover, in the County of 
Dutchess, deceased, as is alleged has lately died, leaving a last Will and 
Testament relating to real and personal estate; and Philo Cline an Executor 
therein named has applied to the Surrogate of said Dutchess County for the
proof of said Will; You and each of You are hereby cited personally to be and
appear at a Surrogate's Court to be held before our Surrogate of the County of
Dutchess, at his office in Poughkeepsie, in said Dutchess County on the 18th
day of April instant at ten o'clock in the forenoon of that day, then and
there to attend the Probate of the said last Will and Testament of said
deceased.

In Testimony whereof, we have caused the seal of office of our said Surrogate
to be hereunto affixed.  Witness James Hooker, Esquire, Surrogate of our said
county of Dutchess, at Poughkeepsie, this eighth day of April in the year of
our Lord one thousand eight hundred & thirty nine.
                              James Hooker, Surrogate

We admit due service of the within citation.  Dated April 8th 1839.
                                     Rachel Germond
                                    GM. Perry, Guardian ad litem(?)
State of New York, Dutchess Surrogate Court
In the matter of proving the Will
Of Benjamin A. Germond decd.
Dutchess County ss; Philo Cline being duly sworn says that on or before the
9th day of April A.D. 1839 this deponent served the annexed citation upon each
of the persons therein named to whom the same is directed by delivering to
each of them a copy there of, and at the same time showing the annexed
original, and they thereupon severally at the same time signed an admission of
such service and endorsed thereon.

Sworn this 18th day of April 1839 before me
James Hooker Surrogate             Philo Cline

And thereupon the said last Will and Testament of Benjamin A. Germond
deceased, with the proofs thereof, were produced as follows

The last Will and Testament of Benjamin A. Germond of the Town of Dover,
County of Dutchess, State of New York.

I, Benjamin A. Germond, considering the uncertainty of human life, and of
sound mind and memory do make and publish this my last Will and Testament in
manner and form following, that is to say,

First, I give and bequeath unto my wife Rachel Germond Two thousand dollars, 
which sum I hereby order my Executors to pay to her one year after my decease 
with interest out of any moneys arising from the settlement of my estate. 
Also, I give an bequeath unto her all my furniture and household goods, and
direct my Executors to deliver the same over to her – Secondly, the residue
and remainder of all my property.  I give and bequeath unto my son Charles
Germond, Subject to the following order and regulations, i.e.; my real estate
consisting of two lots of land, I hereby Order, direct and empower my
Executors with all convenient speed after my decease to bargain, sell and
convey, and for doing which they are hereby empowered to sell and convey all
my real estate and perfect titles to the same according to law and I further
direct my Executors, if possible to do so, to leave a reasonable proportion of
the sales of my real estate secured by Bond and mortgage upon such estate at 6
p.cent annum until my son Charles shall arrive to the age of Twenty one years
– If that cannot be effected I order and direct, that my Executors invest upon
Bond and mortgage or other good Securities all the moneys arising from the
sales of my real estate, together with such sums as may be found due me upon
the settlement of my personal property – after paying all just debts and the
legacy herein bequeathed to my wife Rachel Germond which I have expressly
declare to be in lieu of dower, until my son Charles Germond shall 
arrive to the age of twenty one years.  And I hereby commit the guardianship
of my son Charles to my Executors hereinafter named.  And do hereby give them
full power and authority to manage and direct him until he shall arrive to the
age of Twenty one years, and to pay all necessary charges & expenses in
educating and maintaining him until he shall arrive to the age of twenty one
years, and it is my wish and I hereby recommend that my son Charles, be
continued at school for two years from this time, and that he then be bound to
some suitable farmer until he shall arrive to the age of twenty one years -
And when he shall arrive to the age of twenty one years , I hereby Order and
direct my Executors with his consent to invest all money which may have grown
out of the settlement of my property, not otherwise appropriated in  land for
his, my son Charles benefit and behoof forever.  And I do hereby appoint my
friend Moratty Vincent and Philo Cline my Executors to this, my last Will and
Testament.  In witness hereof I have hereunto set my hand and seal the 26th
day of February 1839.

I give and bequeath unto my wife Rachel Germond my cow, now in my possession – 
Also I give unto Benjamin Vincent, son of Moratty Vincent Two hundred dollars, 
direct my Executors to pay the same.    
                                   Benjamin A. Germond S.S.
The above instrument consisting of one that was at the time subscribed by 
Benjamin A. Germond the testator in the presence of each of us; and was at the 
same time declared by him to be his last Will & Testament and we at his
request signed our names as attesting witnesses.
Dated Feby, 26th 1839
Edmund Germond, Dover D.C.
Robert Grant, Dover, D. County.

State of New York, Dutchess Surrogate Court 
In the matter of proving the last Will & Testament
Of Benjamin A. Germond decd.
                              Dutchess County SS. Philo Cline 
of the Town of Armenia in the County of Dutchess being duly sworn and
examined, doth dispose and say, that the circumstances, as far as this
deponent knows and is able to state, then relating to the execution, the
delivery and possession, of the instrument in writing now produced and shown
to this deponent purporting to be the last Will and Testament of Benjamin A.
Germond deceased, the above named Testator bearing date the twenty sixth day
of February in the Year of our Lord one thousand eight hundred and thirty
nine, are as follows, to wit:

That this deponent was present at the time of the executing and publishing the 
said Will by the said testator, and knows that the same was executed and 
published by the said testator in the presence of the subscribing witnesses 
thereunto, at or about the time it bears date.  That this deponent received
the same from the said testator immediately after its execution, and that it
remained in the care and custody of this deponent until he delivered it to the
Surrogate of said Dutchess County for the purpose of having the same duly
proved before this court and recorded according to law, and that while the
same remained in the care and custody of this deponent as aforesaid, it was in
no respect altered or changed, and that it is now to all appearance in the
same condition as when first received by this deponent as above set forth.
Subscribed & sworn this 18th day of April 1839, before me:
James Hooker Surrogate,                 Philo Cline

State of New York, Dutchess Surrogate Court
In the matter of proving the last Will & Testament 
Of Benjamin A. Germond deceased.

                              Dutchess County S.S.   Edmund 
Germond of the town of Dover in the County of Dutchess, being duly sworn and 
examined, doth depose and say, that his deponent was well acquainted with 
Benjamin A. Germond the above named testator, late of the town of Dover in the 
County of Dutchess, deceased.  That this deponent was present as witness, and
did see the said Testator subscribe at the end thereof, the instrument was
produced and shown to this deponent, purporting to be the last Will and
Testament of the said deceased, bearing date the twenty sixth day of February
in the Year of our Lord one thousand eight hundred and thirty nine.  That the
said testator at the same time declared the instrument so subscribed by him to
be his last Will and Testament.  That thereupon the deponent and Robert Grant
severally subscribed their names at the end thereof as witnesses thereto, at
the request of the testator and in his presence, and that the said testator at
the time of executing and publishing the said last Will and Testament, was of 
full age, of sound mind and memory and not under any restraint.

Sworn this 18th day of April 1839 before me
James Hooker Surrogate              Edmund Germond

State of New York, Dutchess Surrogate Court
In the matter of proving the last Will & Testament
Of Benjamin A. Germond deceased.
                              Dutchess County S.S.  Robert 
Grant of the town of Dover in the County of Dutchess, being duly sworn and 
examined doth depose and say that this deponent was well acquainted with
Benjamin A. Germond the above named testator late of the town of Dover in the
County of Dutchess deceased.  That this deponent was present as a witness, and
did see the said testator subscribe at the end thereof the instrument now
produced and shown to this deponent purporting to be the last Will and
Testament of the said deceased, bearing date the twenty sixth day of February
in the Year of our Lord one thousand eight hundred and thirty nine.

That thereupon the deponent and Edmund Germond severally subscribed their
names at the end thereof, as witnesses thereto, at the request of the testator
and in his presence; and that the aid testator at the time of executing and
publishing the said last Will and Testament was of full age, of sound mind and
memory and not under any restraint.

Sworn this 18th day of April 1839 before me
James Hooker Surrogate             Robert Grant

On this 18th day of April 1839, the proof and examinations of the witnesses to 
the Will of Benjamin A. Germond decd. Having been duly taken and filed, and it 
appearing satisfactorily to this court from the proofs so taken, that the Will
of said deceased, was duly executed, and that said testator at the time of
executing and publishing the same was in all respects competent to devise his
estate and not under any restraint, and this court being satisfied of the
genuineness and validity of said Will, it is ordered that said Will and the
proofs and examinations taken thereon be recorded in this office.     
                              James Hooker Surrogate

Dutchess County
Surrogate's Office S.S.  Recorded the preceding last Will and Testament of 
Benjamin A. Germond deceased, with the proofs taken thereon as the last Will & 
Testament of the Real and Personal Estate of said deceased which record is
hereby signed and certified by me pursuant to the provisions of the revised
statutes this eighteenth day of April one thousand eight hundred and thirty
nine.
                              James Hooker Surrogate
Dutchess County S.S. Delivered the original Will of Benjamin A. Germond
deceased to Morraty Vincent Executor of said deceased this 8th day of February
1841.
                              Robert W. Winston(?) Surrogate