WILL: Samuel Houston;  Warwick, Ulster Co., NY, Orange co., NY 
surname: Houston, Houston, Parkhurst, Jennings, Young

submitted by Eileen Cooper (ercooperaz at highstream.net) 
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Submitted Date: January 16, 2005
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Source: Sampubco.com
Orange co NY Will Book Vol. 2 page 212
Written: August 4 1836
Recorded: February 13 1837

Orange Surrogate Court:
In the matter of proving the Last Will and Testament of Samuel Houston
deceased as a will of Real Estate.

As a Surrogate Court held at the Surrogate office in Goshen, in and for the 
County of Orange, on the nineteenth day of December in the year one thousand
eight hundred and thirty six.

Present John B. Booth Esquire Surrogate, it appearing to this court that
Joseph H Parkhurst, Mary E. Jennings, Ann Louisa Jennings, William H. Houston,
Nathaniel D Houston and James K Houston are heirs at law of the said Samuel
Houston late of the town of Warwick in said County deceased and that they are
respectively infants under the age of twenty one years.  On reading and filing
the consent of Henry G. Wisner of the town of Goshen in said county.  It is
ordered that the said Henry G. Wisner be and he is hereby, appointed guardian
for the said infants for the sole purpose of appearing for and taking care of
the said infants interests respectively in the proceedings to be had in
proving the last will and testament of the said Samuel Houston deceased as a
will of Real Estate.  
                                   Jno. B. Booth, Surrogate
     Orange Surrogate Court:
In the matter of proving the Last Will and Testament of Samuel Houston
deceased as a will of Real Estate.

To Henry W. Houston, Richard Houston, George W Houston, Andrew Houston,
Harriet Young, Susan Houston, Maria Jane Houston and Henry G. Wisner special
guardian of Mary E. Jennings, Joseph H. Parkhurst, Ann Louisa Jennings,
William H Houston, Nathaniel D. Houston and James R. Houston infants & and the
next of kin and heirs at law of the said deceased.  You and 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 thirteenth day of February next at ten oclock
in the forenoon of that day for the purpose of having the last will and
testament of Samuel Houston late of the town of Warwick in said County
deceased proved and recorded as a will of Real Estate.  

Dated the nineteenth day of December, one thousand and eight hundred and
thirty six.
                                   Joseph A. Houston
State of New York
City and County of Albany:

Philo H 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 assesced
is a printed copy has been regularly published in said Albany Argus, once in
each week for six weeks successively commencing on the twenty seventh day of
December last past.
                                   Philo H Cole
Before me this 1st day of February 1837.  T M Beerz Commissioner of Deeds


Orange County
Joseph A. Houston of the town of Warwick in said county being duly sworn
deposes and says that he did twenty days previous to the thirteenth day of
February 1837 serve the within named Henry W. Houston, George W. Houston,
Andrew Houston, Harriet Young, Susan Houston, Maria Jane Houston and Henry G.
Wisner special Guardian each with a copy of the within notice by delivery the
same to them personally.
                                   Joseph A. Houston
Sworn this 15th day of Feby 1837 before me Jno N Booth, Surrogate

The Last Will and Testament of Samuel Houston of Warwick, Orange County, New
York. 
  
I, Samuel Houston, considering uncertainty of this mortal life and being of
sound mind and memory, (Blessed be Almighty God for the same) Do make and
publish this my Last Will and Testament as follows that is to say I request
and order my executor after my decease to pay my funeral charges and just
debt.  

1st First.  I give and bequeath unto my brother Andrew Houston and to his
heirs and assigns for ever All the Lots that now belong to me in the Village
of Elmira and a lot of land lying upon the Hill above the said Village of
Elmira in the township of Elmira formerly Tioga county now Chemung county, New
York on these express conditions.  That said Andrew Houston shall pay or cause
to be paid to Richard Houston the equal one half of what the above Lots
alluded to shall be vallued at or to his heirs and assigns payable in two
years after my decease to draw lawfull interest on the same payable annually.

2nd Secondly.  I give and bequeath unto my brother Joseph A. Houston his heirs
and assigns for ever All my right that I now own in the Kinber Point bridge
and road lying in the Townships of Warwick and Minisiuk.

3rd Thirdly.  I give and bequeath the remainder of all my property not hereby 
disposed of equally share and share alike and to heirs and assigns forev. To
my brothers and their sisters as follows:  Susan Houston, George W. Houston,
Joseph A. Houston and Maria Jane Houston.  I hereby appoint Joseph A. Houston
my sole executor of this my Last Will and Testament.  In Witness whereof I
have hereunto set my hand and seal this fourth day of August 1836.  
                         Samuel Houston (seal)    

Signed & sealed & published and declared by the above named Samuel Houston to
be his last Will and Testament in the presence of us who have hereunto
subscribed our names as witnesses in the presence of the Testator and in the
presence of Each of us as Witnesses.
H W Houston         of Warwick Orange County New York
Abraan Casterline   Do    Do           Do
Elias S. Canfield   Do    Do           Do

Orange Surrogate Court:  
In the matter of proving the Last Will and Testament of Samuel Houston
deceased as a Will of Real Estate.
State of New York, Orange County:
Henry W. Houston, Abraham Casterline, and Elias S. Canfield of the town of
Warwick in said county being by the Surrogate of the County of Orange duly
sworn and examined, depose and say, each for himself says that he was well
acquainted with Samuel Houston late of the town of Warwick in said county
deceased:  And the deponents further say & each for himself says, that he was
present as a witness and did see the said Samuel Houston deceased subscribe at
the end thereof the instrument now produced and shown to the deponents
proporting to be the Last Will and Testament of the said Samuel Houston
deceased bearing date the fourth day of August in the year one thousand eight
hundred and thirty six:  That such subscription was made by the said Testator
in the presence of these deponents, subscribing witnesses to said Will:  That
the said Testator at the same time declared the instrument so subscribed by
him to be his Last Will and Testament whereupon these deponents signed their
names at the end of the Will at the request of the said Testator; and that the
said Testator at this time of Executing and publishing the said Last Will and
Testament was of full age of sound mind and memory and not under any
restraint.
          H. W. Houston     Elias L Canfield      Abraham Casterline
Sworn and Examined this 13th day of Feby 1837, before me, Jno B. Booth,
Surrogate, Orange County Surrogate Office:  
I hereby certify that the preceding is a true record of the original Will of 
Samuel Houston deceased; and of the proofs and examinations had in relation 
thereto, as a will of Real Estate
          Jno B. Booth, Surrogate