WILL: Henry I. Putman; Mohawk, Montgomery co., New York surname: Putman, James, Vedder submitted by Gayle Hendren (GR3808 @ aol.com) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO copy by Gayle Hendren Mohawk, Montgomery County, NY Will Book Volume 18, page 21 Be it Remembered, that heretofore, to wit, on the 28th day of November 1885, Peter Putman, the Executer named in the last will and testament of Henry I. Putman, late of the town of Mohawk in the county of Montgomery, deceased, appeared in open court before Zerah S. Westbrook Surrogate of said county, and made application to have the said last will and testament & codicil thereto which related to both real and personal property, proved; and on such application the said Surrogate did ascertain by satisfactory evidence who were the widow heirs at law and next of kin of said testator and their respective residences; and the said Surrogate did thereupon issue a citation, in due form of law, directed to the said widow heirs at law and next of kin by their respective names, stating their respective places of residence, requiring them to appear before said Surrogate at his office in the city of Amsterdam on the 19th day of December 1885, to attend the probate of said will. And afterwards, to wit, on the said 19th day of December, 1885, satisfactory evidence by affidavit was produced and presented to the said Surrogate of the due service of said citation in the mode prescribed by law, and on that day the said matter was duly adjourned to this the 9th day of January 1886 and on this day no one appearing to oppose the probate of said will, such proceedings were thereupon had afterwards that the said Surrogate took the proof of said will & codicil hereinafter set forth upon this 9th day of January in the year one thousand eight hundred and eighty six; 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 Henry I. Putman I Henry I. Putman in the town of Mohawk County of Montgomery State of New York, being of sound mind and memory do hereby make, publish and declare this my last will and testament in manner and form following to wit: Item= I direct my Executors of this, my will to pay all my debts and funeral charges. Item = I give and bequeath unto my wife Magdalana, the use, rents an profits of all my real estate and the use of all my personal estate to have and enjoy the same for and during the term of her natural life. Item= Upon the death of my said wife, I give devise and bequeath all my real and personal estate unto my son Peter Putman to have and to hold the same forever, subject to the payment of the legacies hereinafter given and subject to the charges thereon. Item= I give and bequeath unto my daughter Margaret Ann James the sum of two hundred dollars to be paid to her by my son Peter in one year after the decease of my said wife and I make the payment of the same a lien and charge upon the lands herein given and devised unto my said son Peter. Item= I give and bequeath unto my daughter Eliza, five hundred dollars to be paid her by my son Peter in five years after the death of my said wife and I make the payment of the same a lien and charge upon the real estate herein given and devised unto my said son Peter. Item= I give and bequeath unto my daughter Catharine, one thousand one hundred dollars to be paid to her by my son Peter within two years after the decease of my said wife and I make the payment of the same a lien and charge on the real estate herein given and devised unto my said son Peter. Item= I give and bequeath unto my grandson Weston Putman, son of my daughter Eliza, two hundred dollars ($200) to be paid to him upon his arriving at the age of twenty one years, by my son Peter and I make the payment of the same a lien and charge upon the real estate herein given and bequeathed to my son Peter. Item= I further will and direct that my said son Peter shall furnish at his house suitable rooms and accommodations an board for my daughter Catharine so long as she shall remain unmarried, but the same shall be so furnished upon the condition that she shall not make any charge for her services which she may render to my said son Peter, and or about housekeeping in his family. Item= Upon the death of my said wife, I give and bequeath unto my daughter Catharine and my son Peter, all my household furniture, beds and bedding to be divided between them equally, share and share alike and the bequest of my personal property to my son Peter as subject to this item of my will. Item= I further will and direct that in the event that my said son Peter shall refuse to accept the devise and bequest of my real estate and personal estate upon the conditions and subject to the legacies hereinbefore specified, I give and devise the same upon the death of my said wife unto any Executors in trust and authorize and empower them to sell and dispose of the same and out of the proceeds thereof to pay and discharge in full the legacies hereinbefore given and pay the surplus if any remaining after performing in full the provisions of this will and payment of the above legacies to my son Peter. Item= In the event that my wife shall die during my lifetime, the legacies herein given and bequeathed are to be payable within the same time after my death as hereinbefore directed after the death of my said wife. Item= In the event that I shall make any advances to either or any of my said children which shall be receipted by them as such advances. I direct that the amounts so advanced without interest, be applied to the payment of the legacies herein given to him or her receiving such advances. Item= I hereby release each of my children from any claims I may have against them by advances or otherwise to the date hereof. I have heretofore otherwise provided for my sons Abram Putman and Brower Putman and daughter Martha Vedder and have heretofore given to each of them respectively the share or amount of my real and person estate to which I think they are entitled. Item= I hereby nominate and appoint my son Peter Putman and my daughter Catharine Executor and Executrix of this, my last will and testament, hereby revoking any and all former will or wills by me made. In witness whereof, I have hereunto set my hand and seal, this ninth day of May, in the year one thousand eight hundred and eighty one. In presence of H.J.Putman L.S. James B. Bailey, Tribes Hill, NY John G. Heath, residing at Amsterdam, Mont. Co., NY. The above instrument was at the date thereof signed, sealed, published and declared by Henry I. Putman the testator named therein as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses to the execution thereof. James B. Bailey John G. Heath Whereas I, Henry I. Putman did heretofore make my last will and testament bearing date the ninth day of May, 1881, now I make this, a codicil to said will. Whereas I did in said will, give and bequeath to my daughter Margaret Ann James two hundred dollars, now I revoke said bequest for the reason that I have paid her that sum. Whereas I did in said will, give and bequeath to my daughter Eliza, five hundred dollars, now I revoke said bequest for the reason that I have purchased in the Village of Johnstown a house and lot have improved and repaired said premises on which said Eliza now wither her husband resides for her and I intend to convey said premises to her in fee in lieu of said bequest. Whereas I did in said will give and bequeath to my daughter Catharine, eleven hundred dollars, now I give and bequeath to my said daughter the sum of four hundred dollars in addition to said sum of $1100, so that she shall receive in all, fifteen hundred dollars, the same to be paid to her from the same source at the same time and to be a lien as is provided in my said will and applicable to said bequest of eleven hundred dollars. Whereas I did in my said will give and bequeath to my grandson Weston Putman, son of my daughter Eliza, two hundred dollars, now I give and bequeath to my said grandson, one hundred dollars in addition to said sum of two hundred dollars so that he shall receive in all, five hundred dollars, such sum to be paid to him by my son Peter at the time and said bequest to be a lien as provided in my said will and applicable to said bequest of two hundred dollars. (The will does state five hundred dollars, not three hundred) And I also give and bequeath to my said grandson Weston Putman, one good bedstead, good feather bed and pillows and bedding so that he shall have a good substantial and complete winter (?) bed and the same to be had by him when he shall reach the age of twenty one years. Such bed and bedding to come out of and to be taken from the bequest in my said will made to my said daughter Catharine and to my son Peter of my household furniture and from the use of the same also bequeathed to my said wife Magdalena. In witness whereof, I now hereunto subscribe my name, this 14th day of January, in the year one thousand eight hundred and eighty five. H.J. Putman Witnesses W.L. VanDeubergh Wm. J. Taylor The foregoing instrument was at the date thereof subscribed by the above named Henry I. Putman in our presence and he declared the same to be a codicil to his last will and testament and requested us to sign the same as witnesses which we do in his presence. W.L. VanDeubergh, residing in Amsterdam, NY Wm. J. Taylor " "Amsterdam, NY State of New York County of Montgomery ss. Surrogates Court In the matter of proving the will of Henry I. Putman, deceased. James B. Bailey of the town of Amsterdam in the County of Montgomery and Walter L. Van Deubergh of the city of Amsterdam in the County of Montgomery, being duly sworn and examined in open court before Jerah S. Westbrook, Surrogate of said county, do depose and say and each for himself deposeth and saith the said James B. Bailey that he was acquainted with Henry I. Putman in his lifetime and was present and saw the said Henry I. Putman subscribe his name at the end of the instrument in writing now produced and shown bearing date the 9th day of May, 1881. That the said Henry I. Putman at the time he so subscribed it, declared the said instrument to be his last will and testament and requested this deponent and John G. Heath to subscribe their names as witnesses to the execution thereof. Thereupon this deponent and John G. Heath subscribed their names as witnesses at the end of the said instrument in the presence of the said Henry I. Putman and of each other. That the said Henry I. Putman 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 competent to make a valid will and that said will has not in any respect been altered or changed since the execution thereof. And the said Walter L. VanDeubergh for himself says that he was well acquainted with Henry I. Putman and John G. Heath and with their manner and styles of handwriting have frequently seen each of them write and that the name of " H. J. Putman" subscribed as testator and " John G. Heath" as attesting witness to said will are the true and genuine handwriting and signatures of the said Henry I. Putman and John G. Heath respectively as deponent verily believes and that said John G. Heath is not now within the State Of New York, but as deponent is uninformed and (?) and believes is now a resident of Chicago, Ill. Taken, subscribed and sworn this 9th Day of January, 1886, before me. W.L. VanDeubergh James B. Bailey Z.S. Westbrook, Surrogate State of New York Surrogate's Court County of Montgomery IN THE MATTER OF PROVING THE CODICIL TO THE WILL OF Henry I. Putman, deceased Walter L. VanDeubergh, and William J. Taylor, both of the city of Amsterdam in the county of Montgomery being duly sworn and examined in open court before Zerah S. Westbrook, Surrogate of said county, do depose and say, and each for himself deposeth and saith that he was acquainted with Henry I. Putman in his life time, and was present and saw the said Henry I. Putman subscribe his name at the end of the instrument in writing now produced and shown, bearing date the 14th day of January, 1885; that the said Henry I. Putman 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 Henry I. Putman and of each other. That the said Henry I. Putman 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, and was in all respects competent to make a valid will. The said W.L. WanDeubergh for himself further says that he drew said codicil for the testator at his request according to his directions and just as he desired it and that the same has not in any respect been altered or changed since the execution thereof. Taken, subscribed and sworn this 9th day W.L. VanDeubergh Of January, 1886, before me, Wm. J. Taylor Z.S. Westbrook, Surrogate I Zerah S. Westbrook, Surrogate of the county of Montgomery, do hereby certify that the foregoing are true copies of the will & codicil thereto annexed and probate and proof thereof Henry I. Putman deceased. Registered the 9th day of January 1886. Z.S. Westbrook, Surrogate