Montgomery County ,Amsterdam NyArchives Wills.....Neff, Daniel July 9, 1873 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Charlotte Kensil CharKensil@aol.com October 5, 2010, 10:06 pm Source: Montgomery County, New York, Will Record Book 16, Page 109 (from Sampubco Copy) Written: July 9, 1873 Recorded: June 3, 1882 Be it remembered that on this 3rd day of June 1882 Elizabeth Neff Andrew Z. Neff Joseph Neff and James H. Neff appeared in open Court before Zerah S. Westbrook Surrogate of said County of Montgomery and made application for the immediate proof of the last Will and testament of Daniel Neff late of the town of Amsterdam in said County deceased and the said Surrogate having ascertained by satisfactory evidence that the said Elizabeth Neff Andrew Z. Neff Joseph Neff and James H. Neff are the widow and only heirs at law of the said deceased and are all of full age; and said Will having been submitted for probate and no one appearing to oppose the probate thereof such proceedings were thereupon had afterwards that the said Surrogate took the proofs of the said Will hereinafter set forth upon this third day of June One thousand eight hundred and eighty two and he adjudged the said Will to be a Will valid to pass real and personal property and the proofs thereof to be sufficient which said last Will and testament and the proofs thereof are as follows that is to say: The Will Of Daniel Neff I Daniel Neff of the Village of Amsterdam in the County of Montgomery being of sound mind and memory do make publish and declare this my last Will and testament in manner following that is to say: Item – I direct my Executors to pay all my just debts and funeral charges. Item – I give devise and bequeath unto my two sons Joseph Neff and Andrew Z Neff all my real and personal estate to be divided between them share and share alike to have and to hold the same to them their heirs and assigns forever subject however to the payments of my debts and funeral charges and the legacies hereinafter given and to the performance of the anti-nuptial agreement made between me and my wife as hereinafter expressed. Item – I give and bequeath to my son Joseph Neff the sum of three thousand dollars to be paid to him out of my personal estate within one year after my decease and with interest from the time of my decease, and in the event of the residue of my personal effects remaining after the payment of my debts, funeral charges and expenses of administration being insufficient to pay the same in full. I direct my son Andrew Z. Neff to pay the one half of such legacy or of the portion thereof remaining unpaid and I make the payment of one half thereof a lien and charge on the lands and real estate herein given and devised unto my said son Andrew Z. Neff. Item – I give and bequeath unto my grandson James Henry Neff two thousand dollars ($2000) to be paid to him by my sons Joseph and Andrew Z. Neff within one year after and with interest from the time of my decease and I make the payment thereof a lien and charge on the lands and Real estate herein given and devised unto my sons Joseph and Andrew Z. Neff. Item – Whereas by an anti-nuptial agreement made between myself and my present wife Elizabeth bearing date the 13th day of February 1873 in consideration of the covenants therein contained to be kept by the said Elizabeth it was agreed, in substance, that in case a marriage between myself and Elizabeth should take place there should be paid to said Elizabeth on my death out of my estate the sum of one thousand dollars and every three months thereafter the interest on four thousand dollars viz the sum of seventy dollars on the expiration of each three months after my death during the lifetime of the said Elizabeth in lieu of all dower or claim on or to my estate real and personal. Now therefore in pursuance of the covenants on my part contained in said agreement and for the purpose of making provision for the payment of the money therein specified I hereby direct my sons Joseph Neff and Andrew Z. Neff to pay to my said wife Elizabeth the sum of one thousand dollars in one year after and with interest from the time of my decease and also to pay to her the sum of seventy dollars on the expiration of each three months after my decease during the term of her natural life and I make the payment of said One thousand dollars and interest and the said seventy dollars on the expiration of each three months after my decease a lien and charge on the lands and real estate herein given and devised unto my said sons Joseph and Andrew Z. Item – The provisions herein made for the benefit of my said wife Elizabeth are to be accepted and received by her in lieu of any and all dower in any and all lands which I may own at the time of my decease or at any time since my marriage with her and in full of all claims which the said Elizabeth may have in or to any of my personal estate by virtue of any laws of the State of New York. Item – I give devise and bequeath unto my said sons Joseph and Andrew Z all the rest residue and remainder of my real and personal estate. Item – I nominate and appoint my sons Joseph Neff and Andrew Z. Neff Executors of this my last Will and testament hereby revoking and annulling any and all former will or wills by me made. In witness where of I have hereunto set my hand and seal this ninth day of July in the year One thousand eight hundred and seventy three. In presence of Daniel Neff {L.S.} Johnson I. Snell Geo S. Devendorf The foregoing instrument subscribed by Daniel Neff the testator therein named in our presence and at the same time he declared the said instrument to be his last Will and testament and each of us signed his name as a witness at the end of the will at the request of the testator and in his presence and the presence of each other. Amsterdam July 9th 1873 Johnson I. Snell residing at Amsterdam New York Geo S. Devendorf State of New York County of Montgomery Surrogate Court In the matter of proving the Will Of Daniel Neff deceased George S. Devendorf of the town of Amsterdam in the County of Montgomery being duly sworn and examined in open Court before Zerah S. Westbrook Surrogate of said County deposes and says that he was acquainted with Daniel Neff in his lifetime and was present and saw the said Daniel Neff subscribe his name at the end of the instrument in writing now produced and shown bearing date the 9th day of July 1873. That the said Daniel Neff at the time he so subscribed it declared the said instrument to be his last will and testament and requested this deponent and Johnson I. Snell now deceased to subscribe their names as witnesses to the execution thereof. Thereupon this deponent and said Johnson I. Snell subscribed their names as witnesses at the end of said instrument in the presence of the said Daniel Neff and of each other. That the said Daniel Neff at the time he so executed 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 and was in all respects competent to make a valid Will. Deponent further says said Will was drawn by said Johnson I. Snell and is in his handwriting and the same has not in any respect been altered or changed since its execution. Taken and subscribed and sworn Geo. S. Devendorf this 3rd day of June 1882 before me Z. S. Westbrook Surrogate State of New York County of Montgomery Surrogates Court In the matter of proving the Will of Daniel Neff deceased Edward H. Finlayson of the town of Amsterdam in the County of Montgomery being duly sworn and examined in open Court before Zerah S. Westbrook Surrogate of said County deposes and says that he was acquainted with Daniel Neff in his lifetime. That the said Daniel Neff at the time he executed this instrument now produced and shown bearing date July 9th, 1873 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. Deponent further says he was well acquainted with Johnson I. Snell late of the town of Amsterdam who is now dead and was well acquainted with the handwriting of the said Daniel Neff and Johnson I. Snell having frequently seen each of them write. That he has examined the signatures of said Daniel Neff as testator and of Johnson I. Smell as subscribing witness to the end of the said instrument purporting to be the Will of the said Daniel Neff and verily believes that the said signatures are the true and genuine signatures of said Daniel Neff as testator and Johnson I. Snell as subscribing witness. Taken subscribed and sworn E. H. Finlayson this 3rd Day of June 1882 before me Z. S. Westbrook Surrogate I Zerah S. Westbrook Surrogate of the County of Montgomery do herby certify that the foregoing are true copies of the Will probate and proofs thereof of Daniel Neff deceased Registered June 3rd 1882. Z. S. Westbrook [signature] Surrogate Additional Comments: Elizabeth (Read) Neilson was the widow of Charles Neilson of Stillwater, New York, and was Daniel Neff's second wife. File at: http://files.usgwarchives.net/ny/montgomery/wills/neff849gwl.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 9.9 Kb