WILL: Philip P. Moore; Rhinebeck, Dutchess co., NY
surname: Moore

submitted by Ann Amadori (amadori @ netzero.net)
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Will of Philip P. Moore of Rhinebeck transcribed from 
New York. Surrogate's Court (Dutchess County)
Wills, Vol. S p. 575
LDS film #913673

NOTE: words in [brackets] are either illegible or guesses.

Record of the last Will & Testament of Philip P. Moore dec'd.

Be it remembered that heretofore upon due application for that purpose to the
Surrogate of the county of Dutchess a citation was duly issued to the heirs
and next of kin of said deceased requiring them to attend the probate of the
last Will & Testament of said deceased, which citation was thereafter duly
returned to said Surrogate with the proof of service thereof and the proper
parties being in Court, such proceedings were thereupon had, that said
surrogate took the proof of the said last Will & Testament which said last
Will & Testament, together with the examinations of the witnesses thereto are
as follows, that is to say,

I, Philip P. Moore of the town of Rhinebeck in the county of Dutchess, being
desirous to discharge the duty which every man owes his family by making such
provision for the distribution of my property as shall be just and equitable,
do make publish and declare this to be my last Will & Testament as follows.

First, I will and direct that the expenses of my last sickness and funeral
shall be paid in preference to any devise or legacy herein contained.

Second, to my wife Anna Mariah, I give and bequeath one horse, and one horse
waggon and harness, and the use of any two rooms in my hew house that she may
select for her use during her natural life, also all of my household furniture
or so much thereof as she may want and I further will and direct that my
executors hereinafter named retain from, and of my personal estate the sum of
two thousand five hundred dollars investing the same in good real estate
securities at interest for the use and benefit of my said wife Anna Mariah, in
lieu of her right of dower, she to have the interest of said sum yearly and
every year during her natural life, and in case of sickness or otherwise,
should she require more than said amount of interest for her comfortable
support, I direct my said executors to advance from the principal sum from
time to time so much therefrom as in their judgment she may require for her
comfort, convenience or support.

Third, To my son Alfred Lewis Moore, I give and bequeath my chest, one two
horse waggon, one two horse sled, one set of double harness and one oxcart to
be furnished him at the cost of my estate unless I have them belonging to me a
the time of my decease.  I also will and direct give and bequeath unto my said
son Alfred Lewis his heirs and assigns forever, my homestead farm, situate
lying and being in the towns of Rhinebeck and Clinton containing about 18
acres of land, subject to the following charges conditions and reservations [
] he the said Alfred Lewis to furnish my wife Anna Mariah all necessary
firewood cut up. And if required taken in her room for her use during her life
and also to give her the use and selection of any two rooms in my said house
as directed in the second article of this will to keep if required one horse
for her during her life on said farm and in addition thereto to pay or cause
to be paid unto my said executors, or the survivor of these the sum of five
thousand dollars one year after my decease, together with the interest thereon
at the rate of 6% to be by my said executors together with the remainder of
all my money at interest or otherwise, after payment of my debts, legacies,
and reservations herein before mentioned and directed, equally divided share
and share alike among my sons and daughters then living or the children of
those, if any such not living, the share of their said parent in equal parts
to them, excepting my said son Alfred Lewis and his heirs who are not intended
to share in this distribution, the value of my said farm herein bequeathed him
over what it is made chargeable being [denied] at least one full share, one
year after my decease, subject nevertheless to a deduction of any note or
notes charges or accounts of whatever date or just claim of any nature
whatever that I may have or hold or that might be due and owing me against or
from either of my sons or daughters or their respective husbands such advanced
sum or sums charges or accounts shall be accounted as so much of the
distribution share of such child or children or the survivor of them, and I do
hereby charge and subject my said homestead [=third] farm to and with the
payment of said five thousand dollars to my executors and with the
reservations and charges all contained in this article to my said wife Anna
Mariah.

Fourth All my stock, farming utensils, household furniture or other effects
not otherwise disposed of or directed to be in the foregoing articles, and at
the time of my decease I will and direct that the same be equally divided as
near as may be in the judgement of my executors among my sons and daughters or
the survivor of them.

Fifth The two thousand five hundred dollars directed in the second article of
this will to be retained buy my said executors for the use and support of my
wife Anna Mariah after her death I will and direct the same equally divided
share and share alike among my sons and daughters or the distribution share of
any not then living equally to their respective children excepting my son
Alfred Lewis and his heirs for the same reason mentioned in the third article
of this will.

Sixth If either or any of my said sons or daughters shall die leaving no child
or children of his or hers I will and direct in such event happening before
receiving his or her said share herein intended to be given, that said share
or shares be equally divided share and share alike among my children then
living or the survivor of them.

Lastly I constitute and appoint my friends Nicholas Traver and Henry DeLawater
and my son Philip Henry Moore executors to this my last Will & Testament and
desire them to take the charge & execution thereof.

In witness whereof I have hereunto set my hand and [real] this seventh day of
April in the year one thousand eight hundred and fifty three.
                                        Philip P. Moore

The above instrument was at the date thereof declared to us by the Testator,
Philip P. Moore to be his last Will & Testament and he then acknowledged to us
that he had subscribed the same and requested us to attest it by signing our
names thereto as witnesses.
Minor W. Sprague    Rhinebeck, D.C.
Simon Welch         Rhinebeck, Dutchess Co

State of New York Dutchess Surrogate Court
In the matter of proving the last Will and Testament of
Philip P. Moore deceased

Dutchess County [ ] Simon Welch of the town of Rhinebeck in the county of
Dutchess, being duly sworn and examined doth depose and say that this deponent
was well acquainted with Philip P. Moore the above named testator late of the
town of Rhinebeck in the county of Dutchess deceased, that this deponent was
present as a witness and did see the said testator subscribe by writing his
name 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 seventh day of April in the year of our Lord one thousand
eight hundred and fifty three.  That the said testator at the same time
declared this instrument so subscribed by him to be his last Will and
Testament.  That thereupon the deponent and Minor W. Sprague 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 and
sound mind and memory and not under any restraint and that the said Minor W.
Sprague has since died and that the signature at the end of the said will is
the same which this deponent saw him make and is in his own proper
handwriting.        
                                   Simon Welch

Given this 28th day of April 1856 
before me Edgar Thorn Surrogate

Dutchess County
Surrogate's Office [ ] Recorded the preceding last Will & Testament of Philip
P. Moore deceased as a Will of Real & Personal estate together with the proofs
and examinations taken thereon, which record is hereby signed and certified by
me pursuant to the provisions of the Revised Statutes this 29th day of May AD
1856.
                                   Edgar Thorn, Surrogate