Montgomery County ,Amsterdam NyArchives Wills.....Neff, Nathan August 15, 1865
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Source: Montgomery County, New York, Will Book Volume 13, Page 35 (sampubco Copy)
Written: August 15, 1865
Recorded: May 13, 1872

Be it remembered that heretofore on the first day of May one thousand eight 
hundred and seventy two Sarah Neff Daniel Neff and Oscar F. Nelson the Executrix 
and Executors named in the last will and testament and codicil thereto annexed 
of Nathan Neff late of the town of Amsterdam in the County of Montgomery 
deceased appeared in open court before John D Wendell District Attorney of said 
County acting as Surrogate thereof and made application to have the said last 
will and testament which relates to both real and personal estate proved and on 
each application the said District Attorney acting as Surrogate did ascertain by 
satisfactory evidence who were the heirs and next of Kin of the said Testator 
and their respective residences.  And the said District Attorney acting as 
Surrogate did there upon 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 District Attorney 
acting as Surrogate at the office of the Surrogate in the Village of Amsterdam 
in the County of Montgomery on the eleventh day of May 1872 to attend the 
probate of the said will.

And afterwards on the said eleventh day of May 1872 satisfactory evidence by 
affidavit was produced and presented to the said District Attorney acting as 
Surrogate of the service of the said citation in the mode prescribed by law.  
And on that day Daniel Neff one of the Executors named in the said will having 
appeared in person and no one else having appeared and no one appearing to 
oppose the probate of such will such proceedings were thereupon had that the 
said District Attorney acting as Surrogate took the proof of the said will from 
the said eleventh day of May 1872 and afterwards upon the thirteenth day of May 
1872 and upon said thirteenth day of May 1872 he adjudged the said will to be a 
valid will of Real and Personal Estate which said last will and testament and 
proof thereof are as follows that is today:

      The Will 
      of 
Nathan Neff
I Nathan Neff of Amsterdam Village in the County of Montgomery State of New York 
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 hereby direct my Executors to pay all my debts and funeral charges.
Second – I give bequeath and devise unto my beloved wife Sarah her heirs and 
assigns to be accepted by her in lieu of dower one third of the net avails and 
proceeds of any Real and personal estate to be paid to her by my executors as 
hereinafter provided.
Third – I give and bequeath unto my friend Peter V Fort five hundred dollars to 
be paid to him within one year after my decease.
Fourth – I give bequeath and devise all the rest and residue of the net proceeds 
and avails of my real and personal estate unto my children John, Henry, Cady, 
Almira, Mary Jane, and Minerva to be divided between them equally share and 
share alike and to be paid to them by my Executors as hereinafter provided.
Fifth – I give and devise all my real and personal estate of what nature and 
kind soever to my wife Sarah my brother Daniel Neff and my friend John McDonald 
the Executrix and Executors of this my last will and testament hereinafter 
mentioned and appointed the survivor & survivors of them in trust for the 
payment of my debts and funeral charges and the legacies herein specified with 
power to sell and dispose of the same or any part thereof in parcels or 
otherwise at public or private sale at such time or times and upon such terms 
and in such manner as to them shall seem meet.
Sixth – Until my real estate herein before devised to my Executrix and Executors 
or the survivor or survivors of them in trust is sold and conveyed I hereby 
authorize and direct my Executrix and Executors or the survivor or survivors of 
them to lease the same or any part thereof in parcels or otherwise and apply the 
net rents received by them as hereinafter directed.
Seventh – I hereby direct my Executors to pay over to my wife Sarah the 
undivided one third of the net proceeds and avails of the rents and sale of my 
real estate and the net proceeds of the sales of my personal estate as 
hereinbefore given and bequeathed and devised to her.
Eighth – I hereby direct my Executors to pay all the rest and residue of the net 
proceeds and avails of my real and personal estate unto my children John, Henry, 
Cady, Almira, Mary Jane, and Minerva to be divided between equally share and 
share alike.
Ninth – I hereby nominate and appoint my wife Sarah my brother Daniel Neff and 
my friend John McDonald Executrix and Executors of this my last will and 
testament hereby revoking all former wills by me made.
Tenth – In case of the death of either or any of my said children during my life 
time leaving issue I hereby direct the share herein given and bequeathed to him 
or her to be paid to any child or children of my said child so deceased in equal 
shares.
Eleventh – In case either or any of my said children shall during my life time 
die without leaving lawful issue I direct the share of my estate herein given or 
bequeathed to him or her to be divided between my wife Sarah and my surviving 
children and the issue of each of them as shall be deceased leaving issue in the 
following proportions:  one third thereof to my said wife and the residue to be 
divided equally between my surviving children and the child or children of each 
as shall then be deceased leaving issue.  If either of my said children shall 
then be deceased leaving more than one child living at the time of my death such 
children to receive the share their parent would if living been entitled to to 
be divided equally between them share and share alike.

In witness whereof I have hereunto set my hand and affixed my seal this the 
fifteenth day of August in the year of our Lord one thousand eight hundred and 
sixtyfive.

S.  Pulver Heath Amsterdam N.Y.		Nathan Neff
John McClumpha Jr. Amsterdam N.Y. 

The above instrument consisting of four pages and this part of a page was at the 
date thereof signed sealed published and declared by the said Nathan Neff as and 
for his last will and testament in the presence of us who at his request and in 
his presence and in presence of each other have subscribed our names as 
witnesses thereto.

	Amsterdam August 15th 1866
	S Pulver Heath Amsterdam Montgomery Co N.Y.
	John McClumpha Jr.  do	     do		do

      Codicil
I Nathan Neff of Amsterdam N.Y. being of sound mind and memory do make publish 
and declare this as a Codicil to my last will and testament bearing date the 
fifteenth day of August 1866.
Item – I give and bequeath to my wife Sarah in addition to what was given 
devised and bequeathed unto her by my said will for her sole use and benefit the 
following articles of personal property viz: one bedstead bed and bedding of the 
best I have, one log cabin quilt, one carpet coverlid, one set of china dishes 
of her choice, one set common dishes, chairs, one set best knives and forks, one 
set sauce dishes, all the small and large silver spoons, all the tinware brass 
and iron Kettles that she may want, one table and table spreads, six sofa 
chairs, all the pictures she wants, one sofa rocking chair, parlor ingrain 
carpet, parlor window curtains and fixtures, one small stove in the sitting 
room, one small stand in the parlor, one small looking glass and all the salt 
pork, all of said articles now being in the house occupied by me in Amsterdam 
N.Y.
Item – I give devise and bequeath unto the Executors of this will and to the 
survivor or survivors of them in trust for the uses and purposes hereinafter 
expensed so much and each part of my estate as by my last will and testament was 
given devised and bequeathed unto my son John and I hereby authorize empower and 
direct my said Executors and the survivor or survivors of them to pay over to or 
for the benefit of my said son John said portion and the interest or income 
which shall accrue or be realized therefrom in such sum or sums and at such 
times as to them shall seem wise and proper or for his interest giving and 
granting to unto my said Executors or the survivor or survivors of them the 
authority if to them shall appear wise and proper to retain the whole or any 
portion of the said share so given to my said son John and the interest and 
income which shall accrue or be realized thereupon for and during the term of 
his natural life and upon the death of my said son John Neff I give devise and 
bequeath unto his children then living all the said portion given to him in said 
will or such portion thereof as shall not have been paid over to him or for his 
benefit including all interest or income received or realized therefrom which 
shall then remain in the hands of my said Executors or the survivors or survivor 
of them and not paid over to him or for his benefit to be divided between them 
equally share and share alike.  And I hereby revoke so much and such part of my 
said will as directs any part or portion of my estate to be paid over unto my 
said son John Neff otherwise than as in this item of this codicil to said will 
directed.
Item – I do hereby declare that my Executors and the survivor or survivors of 
them shall have discretionary power to postpone for any period not considered 
illegal by the laws of this State the sale of any and all of my real and 
personal estate.
Item – Whereas in and by my said last will and testament I did appoint my wife 
Sarah Executrix and my brother Daniel Neff and my friend John McDonald Executors 
of said will and whereas said John McDonald is now deceased I do hereby appoint 
my son in law Oscar F Nelson Executor in the place of said John McDonald dec'd 
to act as Executor of my said will and of this codicil thereto in connection 
with my wife Sarah and my brother Daniel.

In witness whereof I have hereunto set my hand and seal this thirteenth day of 
October one thousand eight hundred and seventy one –

In presence of						Nathan Neff LS
Johnson L Snell
John McClumpha Jr.

Subscribed by Nathan Neff the testator named in the foregoing Codicil in our 
presence and at the time of such subscription declared by the testator to be a 
codicil to his last will and testament and each of us signs his name as a 
witness at the end of said Codicil at the request of the testator and in his 
presence.

		Amsterdam October 30 1871
	Johnson L Snell residing at Port Jackson N.Y.
	John McClumpha Jr.”	     “  Amsterdam N.Y.

State of New York	 Surrogates Court
Montgomery County

In the matter of proving the will
		Of
	Nathan Neff deceased
					Montgomery County SS
					John McClumpha Jr. of the town of 
Amsterdam in the County of Montgomery
					John McClumpha Jr. of the town of 
Amsterdam in the County of Montgomery being duly sworn and examined in open 
court before John D Wendell District Attorney of said County acting as Surrogate 
doth depose and say and for himself deposeth and saith that he was acquainted 
with Nathan Neff in his lifetime and was present and saw the said Nathan Neff 
subscribe his name at the end of the instrument in writing now produced and 
shown bearing date the fifteenth day of August 1866, that the said Nathan Neff 
at the time he so subscribed it declared the said instrument to be his last will 
and testament and requested this deponent and S Pulver Heath to subscribe their 
names as witnesses to the execution thereof.

Thereupon this deponent and S. Pulver Heath subscribed their names as witnesses 
at the end of said instrument in the presence of the said Nathan Neff and of 
each other.  That the said Nathan Neff at the time he so executed the said 
instrument was a citizen of the United States an inhabitant of the County of 
Montgomery of full age of sound and disposing mind and memory and in all 
respects competent to devise real estate and not under any restraint or in any 
respects incompetent to devise real estate.

Taken subscribed and sworn			John McClumpha Jr.
this 11th Day of May 1872 before me
		J D Wendell
			District Attny acting as Surrogate

State of New York			Surrogates Court
Montgomery County

In the matter of proving the will
		Of
	Nathan Neff deceased
					Montgomery County SS
					S. Pulver Heath of the town of Amsterdam
in the County of Montgomery being duly sworn and examined in open Court before 
John D Wendell District Attorney of said County acting as Surrogate doth depose 
and say and for himself deposeth and saith that he was  that he was acquainted 
with Nathan Neff in his lifetime and was present and saw the said Nathan Neff 
subscribe his name at the end of the instrument in writing now produced and 
shown bearing date the fifteenth day of August 1866 that the said Nathan Neff at 
the time he so subscribed it declared the said instrument to be his last will 
and testament and requested this deponent and John McClumpha Jr. to subscribe 
their names as witnesses to the execution thereof.

Thereupon this deponent and John McClumpha Jr subscribed their names as 
witnesses at the end of the said instrument in the presence of the said Nathan 
Neff and of each other.

That the said Nathan Neff at the time he so executed the said instrument was a 
citizen of the United States and inhabitant of the County of Montgomery of full 
age of sound and disposing mind and memory and in all respects competent to 
devise real estate and not under any restraint or in any respects incompetent to 
devise real estate.

Taken subscribed and sworn			S. Pulver Heath
this 13th day of May 1872 before me
		J D Wendell
			District Attorney Acting as Surrogate

State of New York		Surrogates Court
Montgomery County

In the matter of proving the will
		Of
	Nathan Neff deceased
					Montgomery County SS
					Johnson L Snell of the town of Florida 
in the County of Montgomery and John McClumpha Jr of the town of Amsterdam in 
the County of Montgomery being duly sworn and examined in open Court before John 
D Wendell District Attorney of said County acting as Surrogate do depose and say 
and each for himself deposeth and saith that he was acquainted with Nathan Neff 
in his lifetime and was present and saw the said Nathan Neff subscribe his name 
at the end of the instrument in writing now produced and shown bearing date the 
thirtieth day of October 1870 that the said Nathan Neff at the time he so 
subscribed it declared the said instrument to be a codicil to his last will and 
testament and requested these deponents to subscribe their names as witnesses to 
the execution thereof.  Thereupon these deponents subscribed their names as 
witnesses at the end of said instrument in the presence of the said Nathan Neff 
and each other.

That the said Nathan Neff at the time he so executed the said instrument was a 
citizen of the United States an inhabitant of the County of Montgomery of full 
age of sound and disposing mind and memory and in all respects competent to 
devise real estate and not under any restraint or in any respects incompetent to 
devise real estate.

Taken subscribed and sworn			Johnson L Snell
this 11th day of May 1872 before me		John McClumpha Jr.
		J D Wendell
			District Attorney acting as Surrogate

In the matter of proving the will
		Of
	Nathan Neff deceased
					Montgomery County SS
					Johnson L Snell of the town of Florida 
in said County duly sworn and examined before J D Wendell District Attorney of 
said County acting as Surrogate doth depose and say that he received the 
instrument in writing bearing date the fifteenth day of August 1866 purporting 
to be the last will and testament of Nathan Neff late of the town of Amsterdam 
in said County deceased from the said Nathan Neff after he executed the same and 
that said instrument remained in the custody of this deponent until he brought 
the same to the office of the Surrogate aforesaid where he deposited the same 
for probate and that whilst said instrument remained in the custody of this 
deponent the same was in no respect altered or changed.

Sworn before me this			Johnson L Snell
11th day of May 1872
		J D Wendell
		District Attorney acting as Surrogate

In the matter of proving the will
		Of
	Nathan Neff deceased
					Montgomery County SS
					Johnson L Snell of the town of Florida 
in said County being duly sworn and examined before J D Wendell District 
Attorney of said County acting as Surrogate doth depose and say that he received 
the instrument in writing bearing date the thirtieth day of October 1871 
purporting to be a Codicil to the last will and testament of Nathan Neff, late 
of the town of Amsterdam in said County deceased from the said Nathan Neff after 
he executed the same and that said instrument remained in the custody of this 
deponent until he brought the same to the office of the Surrogate aforesaid 
where he deposited the same for probate and that whilst said instrument remained 
in the custody of this deponent the same was in no respect altered or changed.

Sworn before me this			Johnson L Snell
11th day of May 1872
		J D Wendell
		District Attorney acting as Surrogate

I John D Wendell District Attorney of Montgomery County acting as Surrogate 
thereof do hereby certify that the foregoing are true copies of the will and 
codicil thereto annexed and the probate and proof thereof Nathan Neff deceased
Registered May 13th 1872			John D. Wendell
						District Attorney Acting as 
Surrogate


Additional Comments:
Sarah (Read) Neff was Nathan's second wife.  Daniel Neff was Nathan's brother.  
Oscar F. Nelson was married to Nathan's daughter Minerva Neff.

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