WILL OF SAMUEL KNAPP, ORANGE COUNTY, NEW YORK

Copyright (c) 1999 by Tom Cornell (tvcornel@netusal.net).

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Orange Surrogate Court:

In the matter of proving the last will & testament of	)
Samuel Knapp, deceased, as a will of Real Estate.	)

To Abigail Knapp, and the next of kin and heirs at Law of the said deceased: --

You, & each of you, will please to take notice, that I intend to apply to
the Surrogate of the County of Orange at his office in Goshen, in said
County, on the twenty fifth day of March next, at ten o'clock in the
forenoon of that day, for the purpose of having the last will and Testament
of Samuel Knapp, late of the town of Warwick, in said County, deceased,
proved and recorded as a will of real estate.  Dated February 4, 1834.
	Yours, &e.
						John D. Knapp
						A Devisee in said Will named.

State of New York,	)
City and County of Albany,	)	Philo K. Cole of the City of
Albany, being duly sworn, says, that he is foreman in the Office of the
Albany Argus, and that the Notice, of which the annexed is a printed Copy,
has been regularly published in said Albany Argus, once in each week for
six weeks successively, commencing on the Eleventh day of February last
past.

Sworn before me, this 18 day		Philo K. Cole
of March, 1834

Elias Warner Commissioner of Deeds.

Orange County, ls.   John D. Knapp, of the town of Warwick, in said County,
being duly sworn, deposes & says --  that he served Abigail Knapp, John
Decker, Samuel K. Decker, Sarah Knapp wife of William Knapp, and Ann D.
Weed wife of Sylvanus Weed, each with the within Notice, by delivering to
each of them, personally, a Copy, more than fifteen days previous to the
twenty fifth day of March, One thousand eight hundred & thirty four.

Sworn this 25th day of March 		John D. Knapp
1834. --  Before me,
		Jno. B. Booth, Surrogate.

Orange Surrogate Court:

In the matter of proving the Last will and Testament of	)
Samuel Knapp, Deceased, as a will of real estate.	)

State of New York, Orange County, ls. Moses Wisner, of the Town of Rose,
County of Wayne, & State aforesaid, Joseph Pound of Big Flats, County of
Tioga, & State aforesaid, Jeremiah Shaw, of the town of Vernon, County of
Sussex, & State of New Jersey; & George D. Wickham, of the Town of Goshen,
in Orange County:  being by the Surrogate of the County of Orange, duly
sworn & examined, depose & say, & each for himself says --  that he was
well acquainted with Samuel Knap, late of the town of Warwick in the County
of Orange, deceased.  And the said Moses Wisner, for himself says --  that
he was present as a witness & did see the said Samuel Knap deceased sign,
seal, & publish, the instrument, now produced & shown to deponent,
purporting to be the last will & testament of the said Samuel Knap
deceased; bearing date the twenty first day of May, in the year One
thousand eight hundred & fifteen: -- That the said Testator was of full
age, of sound mind, memory & understanding & not under any restraint;  that
deponent lived near Testator, at the time of the execution of said will; &
for a long time before & after, he deponent knew said Testator intimately:
--  That the said deponent, George D. Wickham, wrote said will --  that he
saw him write the whole, or a part of said will: --  That this deponent
came to the house of Testator, at the request of the said George D.
Wickham, to witness said Will; that the same was executed at the house of
said Testator & that the said George D. Wickham was in the room, at the
time said will was executed, as aforesaid: --  That deponent does not
recollect of any other person, but said George D. Wickham, said Testator &
deponent, being present at the execution of said will: --  That the year
after the execution of said will, deponent lived in the house with said
Testator --  That he knows the deponent, Joseph Pound, & that the said
Joseph at the time of the execution of said will, lived on the place of
said Testator; --  That he also knew the deponent, Jeremiah Shaw, at the
time said will was executed, & that said Jeremiah then lived in the family
of said Testator; & was in his service --  That at the time of the
execution of said will, Testator was well, & smart & as active as any man
of his age any where:  That deponent had had no conversation with Testator,
previous to the execution of said will in relation to its contents --  That
Testator, at the time that said will was executed, was in the habit of
attending to his business, & making his own contracts, for any thing he
knew: --  That Testator was not at that time in the habit of employing
agents, except as he would occasionally send out his family to attend to
business for him: --  That Testator was sharp as any man, at the time of
making said will, in making contracts --  That deponent, the same season
that said will was executed, bargained with Testator for a part of his
farm; & the season after, for his whole farm.  That deponent at the request
of said Testator, subscribed his name to said will, as a Witness, in the
presence of said Testator.
							Moses Wisner

	And the Deponent, Joseph Pound, for himself, further says --  That
he, deponent, lived on said Testator's farm, from the Spring of the year
One thousand eight hundred & thirteen, to the spring of the year One
thousand eight hundred & seventeen; --  That Deponent did not reside in the
house with said Testator, but in a separate house, on the farm of said
Testator --  That deponent has no recollection of the execution of the last
will & testament of the said Testator:  That the signature, Joseph Pound,
to the instrument, purporting to be the last will & testament of said
Testator, bearing date the twenty first  day of May, in the year One
thousand eight hundred & fifteen, & to which deponent is a witness, is the
proper hand writing of deponent. -----  That deponent has no recollection &
does not believe, that he ever put his name as a witness to an instrument
without having seen it executed: --  That deponent thinks said Testator was
above the age of sixty, at the time said will bears date --  That at that
time, said Testator was of sound mind, & capable of doing business, & of
good memory, & understanding:  That during the time deponent was on the
farm of said Testator, he was with him every day, with the exception of two
months, & transacted a good deal of business with him: --  That he has no
recollection of being called on by said deponent, Jeremiah Shaw, or any
other person, to witness any Instrument.
							Joseph Pound

And the deponent, Jeremiah Shaw, for himself further says --  That he,
deponent, lived with & worked for Testator, for the term of three years,
during that time, commencing as he thinks, in the year One thousand eight
hundred & fourteen: --  That he knows, & then knew, the deponent, Joseph
Pound --  That whilst deponent worked for Testator, said Joseph Pound lived
on the farm of Testator --  That deponent recollects of having been sent to
get said Joseph Pound to come to said Testator's:  That either said
Testator, or some of the family, sent deponent for said Joseph Pound, to
sign a will that deponent informed said Joseph, that said Wickham had come
up, & that he, said Joseph, was wanted to sign Testator's will, as he,
deponent, supposed:  That said Joseph did go to said Testator's, as
requested --  that the said George D. Wickham was at Testator's, when said
Joseph came to the house of Testator --  that deponent does not recollect
of being present at the execution of Testator's will --  that he has a
faint recollection of having seen Testator execute a will, but has no
positive recollection of having seen Testator sign it, or of having signed
it himself, as a witness --  that he does not recollect having seen papers
on the table, & to have heard said George D. Wickham talk with Testator
about a will --  that he recollects of having heard said Wickham say to
Testator, "It is the right time to make a will when in good health, & in
your right mind, & you will die none the sooner of it":  That this took
place at the house of Testator, after the said Joseph Pound had arrived
there, but does not recollect of said Joseph being present:  The name,
"Jeremiah Shaw," to said will, he, deponent, does not recognize as his (the
deponent's) handwriting:  nor the mark as his mark --  that deponent had
not at the date of said will, learned to write, as he thinks: --  That it
was about one year before said deponent, Moses Wisner, came to reside with
Testator, in his (Testator's) house, that he, this deponent, went for said
Joseph Pound -- That said Testator was more than sixty years of age, at the
time deponent was sent for said Joseph Pound -- That said Testator was at
that time of as sound mind & memory, as he ever knew him to be, before or
since -- That to the knowledge of deponent, Testator was a shrewd man in
the transaction of business: -- That deponent was thirty four years of age,
on the tenth day of May last -- That deponent is no way related to
Testator's family, as he knows of: -- That he thinks deponent Moses Wisner,
was present at the house of Testator the day he was sent for said Joseph
Pound -- That he has no recollection of said Wisner, or any of the
witnesses to said Will, signing it.
							Jeremiah Shaw

And the deponent, George D. Wickham, for himself, further says -- that said
Instrument, purporting it to be the last will & testament of the said
Testator, having date as aforesaid (being shown him,) including the
attestation, is in his hand writing -- that he was well acquainted with
said Testator  -- That the name, "Jeremiah (his mark) Shaw" to said Will,
is also in deponent's handwriting --  That he has no recollection of said
Jeremiah making his mark to said will: --  That he, deponent, never did
write a man's name, without the man's having made his mark at the time --
that he does not recollect the occasion of the making said will --  That he
recollects that said will was delivered by Testator to him, for safe
keeping --  that he, deponent, from that time & until by him delivered to
the Surrogate, safely kept the same.  That the will now offered for
probate, is the same as when delivered to him as aforesaid for safe keeping
--  That said Testator, at the date of said will, was of sound mind &
memory --  That said Testator was perfectly capable at any time (that he
saw him,) five years before his death, to make a will.
							G.D. Wickham

And the deponent, Abigail Knapp, for herself, says that George D. Wickham
drew the will of her late husband, the said Testator, at the house of said
Testator, in the spring of the year, before, Moses Wisner lived in
Testator's house about one year she thinks --  Mr. Wickham called to her to
come & hear it read --  & she did: -- She saw her said husband, the said
Testator execute it --  That after said Testator wrote his name to it, he
said -- "I acknowledge this my last will & testament" --  It was a sealed
instrument --  that General Wickham put a seal to it before it was executed
-- she saw Deponents, Moses Wisner subscribe his name as witness, &
Jeremiah Shaw make his mark as a witness, & General Wickham wrote his name:
-- That Joseph Pound was sent for as a witness, was present as a witness,
but deponent does not recollect of seeing said Joseph write his name.  That
she is well acquainted with the hand writing of Testator --  That she
deponent saw the said Testator subscribe his name to the instrument now
produced & shown to her, purporting to be the last will of said Testator,
bearing date the twenty first day of May in the year One thousand eight
hundred & fifteen --  That Testator at the time he executed said will, was
of sound mind and memory, & not under any restraint, & of sound
understanding --  That she became the wife of Testator, thirty four years
before, in July last:  That Testator has a former wife, & by his first wife
five children, to wit --  Abigail the wife of Gabriel Cornell, Sarah the
wife of Benjamin Degrauw, Mary the wife of Jesse Gustin, Phebe the wife of
Aaron Decker, & Julia wife of George Longwell:  Testator left two children
by deponent, to wit, Ann Wife of Sylvanus Weed, & John D. Knapp.  That
Testator died on the fifteenth day of January last -- and that he was
Ninety six year of age on the ninth day of August, last past.  That
Testator & deponent, conveyed by deed to Jesse Wood, one hundred acres of
land, bearing date the fifth day of May, One thousand eight hundred &
seventeen, as by Record of Deeds, No. 42. -- That there is not sufficient
personal estate left by Testator, to pay his debts, as she thinks. --  That
Testator conveyed near one hundred acres to his son, John D. Knapp, & that
the same has since been conveyed by said John to Joseph Pound of Warwick --
That said one hundred acres is a part of the same premises devised by said
will to the said John D. Knapp. --  That said Testator also conveyed an
undivided half of one hundred & forty acres to Sylvanus Weed --  Said Weed
was to pay five hundred dollars --  That before said will was executed,
Phebe the wife of Aaron Decker, died --  leaving two children; --  That
there was more than sufficient personal property, to pay the debts of
Testator, at the time said will was executed, as she thinks -- -- & that
she was familiar with his Circumstances.  That Deponent, Moses Wisner
signed his name, & Jeremiah Shaw made his mark, as witness, in the presence
of said Testator.
							Abigail Knapp

Moses Wisner, Joseph Pound, Jeremiah	)
Shaw, George D. Wickham, & Abigail	)
Knapp, Sworn & Examined, this	)
25th day of March, 1834, before me,	)
				Jno. B. Booth, Surrogate

In the name of God Amen.  I Samuel Knap of the town of Warwick in the
County of Orange and State of New York do make & publish this my last will
& testament in manner & form following that is to say:

First, I give & bequeath unto my wife Abigail the possession use profits &
advantages of the farm on which I live & the Cedar swamp I own untill my
son John shall arrive at the age of twenty two years out of the proceeds of
which my said wife is to support & educate the said John & my youngest
daughter Ann and in case my son John should not live to arrive at the age
of twenty two years its my will that my said wife should retain the
occupation of the said farm as above mentioned with the Cedar Swamp untill
the said John would have been twenty two years old had he lived to that age

Secondly, I direct that my Executors hereafter named shall pay all my
lawfull debts out of my personal property & the residue to be applied to
the payment of the legacies hereafter mentioned

Thirdly I give & bequeath unto my son John the said farm & cedar swamp and
to his heirs & assigns forever in fee simple when he shall arrive at the
age of twenty two years and should he not live to that age its my will that
the said farm should be divided between my daughters Julia & Ann their
heirs & assigns forever after the expiration of the time for which I have
given the use of it to my wife.

Fourthly I give & bequeath unto my wife Abigail all my household furniture
including Beds Bedding Tables Chairs &ce excepting one feather Bed &
bedding which I give to my daughter Ann  I also give to my wife one team of
Horses three Cows my riding chair & hunting saddle all of which is an
addition to her right of dower which she will take possession off at the
expiration of the time I have given her the use of the said farm for.

Fifthly I give unto my daughter Ann One thousand dollars to be paid to her
by my son John when she shall arrive to the age of twenty one years to my
daughter Polly Guston I give one hundred dollars to be paid in one year
after my death I give to Hila Edsall Smith & her brother Timothy or the
survivor of them two hundred dollars to be equally divided between them
should they both live to be paid in one year from my death  To Samuel Knap
Gustin I give one hundred dollars to be paid as hereafter mentioned.  Also
fifty Dollars to each of my Grandsons Jesse Decker Samuel Decker John
Decker & Samuel Cornwall

Sixthly The farm which I have leased to Benjamin Degraw & his wife during
the lifetime of his wife I direct my said Executors or the Survivors of
them to sell at the expiration of the said lease and the proceeds thereof
to apply first to the payment of the aforegoing legacies which the personal
property may not be sufficient to discharge and the residue I give to my
said daughter Julia Longwell.  The rent that may become due from the said
farm I direct my Executors to pay to my wife to aid her in supporting &
education my two youngest children --

I hereby appoint my wife Abigail Executrix & George D. Wickham & James
Wheeler Executors of this my last will & Testament hereby revoking all
former wills by me made.

Seventh Should my wife die before my son John shall arrive at the age of
twenty two years I direct my Executors to appropriate the rent, & profits
of my farm to the support & education of my said Children John & Ann.

Signed Sealed published & declared
		May 21st 1815
by the above named Samuel Knap
to be his last will & testament in the
presence of us who have hereunto
subscribed our names as witnesses
in the presence of the Testator
Moses Wisner					Samuel Knap
Joseph Pound
Jeremiah (his mark)Shaw

Orange County Surrogate Office, ls.  I certify the preceding to be a true
Record of the original will of Samuel Knap, deceased & of the proofs &
Examinations in relation thereto, as a will of Real Estate.
						Jno. B. Booth
							Surrogate