WILL: Charles C. Abeel; Catskill, Greene co., New York
surname: Abeel

submitted by W. David Samuelsen (dsam at sampubco.com)
***********************************************************************
Copyright.  All rights reserved.
http://www.usgwarchives.org/copyright.htm

http://www.usgwarchives.org/ny/nyfiles.htm
***********************************************************************
Source: SAMPUBCO
Greene co NY Will Book Vol. O page 158
Written: 25 Jan 1887
Probated: 9 Sep 1890

Be it Remembered, That on the Ninth day of September in the year of our Lord
one thousand eight hundred and Ninety the Last Will and Testament of Charles
C. Abeel late of the town of Catskill in the County of Greene and State of New
York, was duly proved by Hon. John Sanderson Surrogate of the said county of
Greene, according to law, as and for the last Will and Testament of the real
and personal property of said deceased; which said Last Will and Testament and
the proofs and examinations taken in respect to the same, are as follows, to
wit:

I, Charles C. Abeel, of the village of Catskill in the County of Greene and
State of New York, being of sound mind and memory, do make, ordain, publish
and declare this to be my last Will and Testament, that is to say:

First: I give, devise and bequeath to my wife jane Abeel, my homestead house
and lot, on which we now reside, situated in West Catskill, containing about
Six and one half acres of land more or less, including my lot, tenant house
and barn opposite on the West side of the road ~

Second: Out of my other property, I give and bequeath to each of my Six
children, the sum of one thousand dollars, payable to be paid at the time ot
be computed from the time of my deceased, as follows, that is to say, To
Foland R. Abeel, in threeyears thereafter, to Charles C. Abeel in Five years
thereafter, to Anna S. Abeel in Seven years thereafter, To Emma E. Abeel in
Nine years thereafter, to Nelly B. Abeel in Eleven years thereafter, to David
G. Abeel in Thirteen years thereafter - Interest on all of these legacies to
my children, is to commence running in two years from my decease, at the rate
of Six percent per annum, to be paid annually.

Third: All the rest, residue and remainder of my property, real and personal,
I give devise and bequeath to my said wife Jane Abeel, to have, use, possess,
manage and control the same during her life, but out of the same, she must pay
my debts, and the above mentioned legacies. And I authorize and direct her, as
Executrix to mortgage lease or sell such part of my real or personal estate,
or either or both in her discretion as may be necessary for this purpose, and
good and sufficient mortgages leases and conveyances to make and deliver
therefor ~ The income interest rents issues and profits of this portion of my
estate so given to my wife for life, shall be divided as follows viz: One
third thereof to my wife during her widowed; but if she remarries, one seventh
thereof, from the time of her remarriage, and the residue thereof to my
children in equal shares. The provisions of this Will, are to be taken by my
wife in lieu of all Dower, in my Estate.

Fourth: If at any time before the decease of my wife for a purpose other than
the payment of debts and legacies, she shall desire to convert my real estate
as given to her for life, or any part thereof, into money or securities. I
authorize her, with the consent of a majority of my children who shall then be
Twenty-one years of age; which consent must be manifested by joining in the
conveyance thereof, to sell and convey the same, and good conveyances to give
therefor; and the proceeds thereof to invest and reinvest in interest bearing
securities and the income and interest thereof to divided and pay over during
her life at the times, in the manner, and shares, as directed in the third
clause of this my Will.

Fifth: All the rest, residue and remainder of my property real and persona, I
give devise and bequeath to my children in equal shares.

Likewise, I make constitute and appoint my wife Jane Abeel, to be Executrix of
this my last Will and Testament, hereby revoking all former Wilsl by me made.

In Witness Whereof, I have hereunto subscribed my name and affixed my seal,
the 25th day of January, in the year of our Lord, one thousand Eight hundred
and Eighty-Seven.

C. C. Abeel (seal)

witnesses:
J. Hallock
W. Irving Jennings

The above instrument, consisting of on sheet, was at the date thereof
subscribed by Charles C. Abeel, the testator, in the presence of us and each
of us; he at the time of making such subscription, acknowledged that he made
the same, and declared the said instrument so subscribed by him to be his last
Will and Testament, whereupon we then and there, at his request, and in his
presence, and the presence of each other, subscribed our names as witnesses
thereto ~
Joseph Hallock, residing at Catskill, N.Y.
W. Irving Jennings, residing at Catskill, N.Y.

State of New York}
Greene County Surrogate's Court} ss:

Joseph Hallock being duly worn in open, doth depose and says, that this
deponent was acquainted with Charles C. Abeel in his lifetime; that the said
Charles C. Abeel, is now dead, and was at the time of his death an inhabitant
of the town of Catskill in the county of Greene and State of New York; that
this deponent saw the said Charles C. Abeel sign and execute the instrument
now shown to this deponent, purporting to be the Last Will and Testament of
the said deceased, and bearing date the 25th day of January in the year of our
Lord one thousand eight hundred and Eighty Seven and heard him declare and
acknowledge the same as and for his Last Will and Testament; that at the time
of such execution and acknowledgement, the said Charles C. Abeel was of sound
and disposing mind and memory, over the age of twenty-one years, and not under
restraint, to the bst of knowledge, information and belief of this deponent,
that this deponent and the other attesting witness to the said instrument
subscribed their names respectively as witnesses thereto, in the presence and
at the request of the said Charles C. Abeel and also in the presence of each
other.
Subscribed and sworn to before me, September 8 1890} J. Hallock
John Sanderson, Surrogate

State of New York}
Greene County Surrogate's Court} ss:

W. Irving Jennings being duly worn in open, doth depose and says, that this
deponent was acquainted with Charles C. Abeel in his lifetime; that the said
Charles C. Abeel, is now dead, and was at the time of his death an inhabitant
of the town of Catskill in the county of Greene and State of New York; that
this deponent saw the said Charles C. Abeel sign and execute the instrument
now shown to this deponent, purporting to be the Last Will and Testament of
the said deceased, and bearing date the 25th day of January in the year of our
Lord one thousand eight hundred and Eighty Seven and heard him declare and
acknowledge the same as and for his Last Will and Testament; that at the time
of such execution and acknowledgement, the said Charles C. Abeel was of sound
and disposing mind and memory, over the age of twenty-one years, and not under
restraint, to the bst of knowledge, information and belief of this deponent,
that this deponent and the other attesting witness to the said instrument
subscribed their names respectively as witnesses thereto, in the presence and
at the request of the said Charles C. Abeel and also in the presence of each
other.
Subscribed and sworn to before me, September 8 1890} W. Irving Jennings
John Sanderson, Surrogate

State of New York}
Greene County Surrogate's Court,} ss:

It appearing upon the proofs duly taken in respect to the Last Wil and
Testament of Charles C. Abeel, late of the town of Catskill in the county of
Greene and State of New York, deceased, that the said Will was duly executed,
and the the said Charles C. Abeel, at the time he eecuted the same was in all
respects competent to devise and bequeath real and personal property, and not
under restraint, the said Last Willa nd Testament, and the proofs and
examination taken in respect to the same, are hereby recorded, and the record
thereof signed and certified by me pursuant to the provisions of the statute
in such case made and provided, this Ninth day of septmeber in the year of our
Lord one thousand eight hundred and Ninety.
John Sanderson, Surrogate