WILL: Phebe M. Hammond; Canajoharie, Montgomery co., NY
surname: Hammond, O'Neal, Dunlap, Van Deusen

submitted by Fred Lewis (MrData2 @ pacbell.net)
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http://www.usgwarchives.org/ny/nyfiles.htm
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Transcribed from SAMPUBCO photocopy by Fred Lewis
Montgomery co NY Will Book Vol. 19 page 233

PROBATE RECORD: 
Be it remembered, that disclosure, to wit, on the First day of  June 1891, J.
Mulford Hammond, the Executor named in the last will and testament of Phebe M.
Hammond late of the town of Canajoharie in the county of Montgomery, deceased,
appeared in open court before Hon. John D. Wendell, Surrogate of said county,
and made application to have the said last will and testament, which relates
to real and personal property , proved; and on such application the said
Surrogate did ascertain by satisfactory evidence who were the heirs at law and
next of kin of said testatrix and their respective residences; and on that day
on reading & filing waiver of issue  & service of Citation in this matter duly 
Executed & acknowledged by Sara F. O' Neal, Mary E. Dunlap, Gardner W.
Hammond, Gertrude H. Van Deusen, Charles A. Hammond, Albert T. Hammond, &
William R. Hammond, who are all and the only heirs at lawful & of kin of said
deceased entitled to br cited herein and 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 hereinafter set forth upon this  
First day of June  in the year one thousand eight hundred and   ninety one 
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 Phebe M. Hammond

I, Phebe M. Hammond of the town of Canajoharie, Montgomery County, 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, After all my lawful debts are paid and discharged, I give,
devise, and bequeath all my property and Estate both real and personal of
every name, nature or kind, whatsoever to the executor of this my last will
and testament hereinafter nominated and appointed in trust for the  uses  and
purposes hereinafter specified with full powers to lease, sell, or dispose of
the same, and every  and all portions thereof at public or private sales at
such time or times, upon such terms and in such manner as to him may seem neat
and proper, and out of the rents issues and profits of my property, or the
provides thereof my said Executor shall pay to my son William R. Hammond
annually for the term of four years after my death, the sum of Five
hundred dollars ($500.00) or such part thereof as he may desire and require
and demand, and also such further sum or amount over and above said five
hundred dollars ($500.00) as in the judgement of my said Executor may be
reasonable and proper for the said Williams use; and out of the saids 
revenues and profits or proceeds aforesaid my said Executor shall annually
thereafter, subsequently to the Expiration of said four years, pay over to my
said son William R. so long as there may remain unused any portion thereof
such sum or sums as in the judgment of my said Executor may be just and proper
and reasonable for his use and support.

       Likewise, I make constitute and afford my son J. Mulford Hammond to be
Executor of this my last will and testament, hereby revoking all former wills
by me made. 

       In witness whereof, I have hereunto subscribed my name and affixed my
seal the 23rd day of July in the year one thousand Eight hundred and ninety.
                                Phebe M. Hammond {ss}
     The above instrument consisting of one sheet was at the date thereof
subscribed by Phebe M. Hammond in the presence of us and each of us - she at
the time of making such subscriptions acknowledged that she made the will and
declared the said instrument so subscribed by her to be her last will and
testament, whereupon we then and there, at her request and in her presence and
the presence of each other, subscribed our names as witnesses thereto.
Mary E. Dunlap, residing at Johnstown, N.Y.
Edwin S. Van Deusen, residing at Fort Plain, N.Y.

State of New York,
  County of Montgomery,              SURROGATE'S COURT.

IN THE MATTER OF PROVING THE WILL
        OF
Phebe M. Hammond
        Deceased

Mary E. Dunlap  of the village of Johnstown in the county of Fulton, and Edwin
S. Van Deusen of the village of Fort Plain in the county of Montgomery being
duly sworn and examined in open court before our Surrogate of said county, do
depose and say, and each for himself deposeth and saith that he was acquainted
with Phebe M. Hammond in her lifetime , and she was present and saw the said
Phebe M. Hammond subscribe her name at the end of the instrument in writing
now produced and shown, bearing date the 23rd day of July 1890; that the said
Phebe M. Hammond requested these deponents to subscribe their names as
witnesses to the execution  thereof. 

Thereupon these deponents subscribe their names as witnesses at the end of
said instrument in the presenc3e of the said Phebe M. Hammond and of each
other.  That the said Phebe M. Hammond at the time she 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, and was in all respects
competent to make a valid will.  And the said Edwin S. Van Deusen for himself
further separately says that he drew said will for this testatrix at her
request according to her direction and just as she desired it and the same has
not in any respect been altered or changed since its execution
       Signed:  Edwin S. Van Deusen
            Mary E. Dunlap
Taken, subscribed and sworn this 1st day 
of June 1891 before me,              J. D. Wendell, Surrogate

I, John D. Wendell, Surrogate of the county of Montgomery, do hereby certify
that the forgoing are the true copies of the will, probate and proof thereof
of Phebe M. Hammond deceased.  
  Registered the First day of June 1891
                                J. D. Wendell {ss}, Surrogate