Orange County ,Town Of Minisink NyArchives Wills.....Van Auken, Daniel December 27, 1810 ************************************************ 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: Harold I. Van Auken leighj@mail.ptd.net June 15, 2012, 11:28 am Source: Surrogate’s Office, Goshen, Orange Co., Ny. Liber F. Page 186. Written: December 27, 1810 Recorded: February 3, 1818 Will of Daniel Van Auken of the Town of Minisink, Orange Co., NY The people of the state of New York by the grace of God, free and independent. To all to whom these presents shall come or may concern find greeting; Know ye that at Goshen in the county of Orange on the third day of February, in the year of our Lord one thousand eight hundred and eighteen before Edward Ely Esq., Surrogate of our said county the last will and testament of Daniel Van Auken deceased (a copy whereof is here unto annexed) was proved and is now approved and allowed of by us- and the said deceased whilst he lived and at the time of his death good chattels or credits within this state, by means whereof the proving and registering the said will and the granting administration of all and singular the said good chattels and credits and also the auditing, allowing, and final discharging the account thereof doth belong unto us: The administration of all and singular the said good chattels and credits of the said deceased, and any way concerning his will is granted unto Elijah Van Auken one of the Executors, in the said will named, he being first duly sworn will due faithfully to administer the same and to make and exhibit a true and perfect inventory of all and singular the said goods, chattels and credits, and also to render a just and true account thereof when thereunto required. In testimony whereof we have caused the seal of office of our said surrogate, to be hereunto affixed, witness Edward Ely Esq. Surrogate of the said county at Goshen the third day of February in the year of our Lord one thousand eight hundred and eighteen, and of our independence the forty second. Will In the name of God Amen; I Daniel Van Auken of the town of Minisink in the county of Orange and the state of New York considering the uncertainty of this mortal life and being of sound and perfect mind and memory blessed be almighty God for the same, do make and publish this my last will and testament in manner and form following (that is to say.) First I will and order that all my just debts be paid out of my personal estate, secondly I give and bequeath unto my beloved wife Leah Van Auken for and during the term of her natural life the use and benefit of two milch cows to be kept fothered and pastured for her and yearly and every year forty pounds of flax and sufficient and comfortable maintainance and support of meet, drink, washing, and apparel and all other necessaries which she may stand in need of or otherwise in case she shall at any time after my decease sure to have a certain sum of money paid to her yearly that then instead of her maintainance and support as foresaid a yearly and annual sum of fifty dollars shall be paid to her yearly and every year during her natural life also sufficient fire to be kept for her in her dwelling room in the house in which I now live. Whenever the same shall be necessary for her comfort all of which expenses and money to be paid to her as aforesaid shall be bourne and paid out of that part of my real estate herein after devised to my sons Joshua Van Auken and Jeremiah Van Auken. I do also give and bequeath unto my eldest son Elijah Van Auken the sum of twenty five dollars as and for his birth right to be paid to him out of my personal estate. I also give and bequeath unto my son Isaiah Van Auken the sum of two hundred and fifty dollars. I also give and bequeath unto my grandson Daniel Van Inwagen the sum of seven hundred and fifty dollars. I also give and bequeath to my five daughters Ledia Cole, wife of Jacob Cole; Catherine Myers, wife of Daniel Myers; Jane Hornbeck, wife of Evert Hornbeck; Leah Hornbeck; wife of Jacob Hornbeck and Margery Cuddeback; wife of Cornelius Cuddeback the sum of two hundred dollars each. All of which said personal legacies to my children and grandson (excepting that to Elijah) I will and order shall be paid to the respective legatees out of that part of my real estate herein after devised to my sons Nathan Van Auken, Joshua Van Auken, Jeremiah Van Auken within five years after my decease in the following proportion to wit; two hundred dollars thereof shall be paid out of that part of my real estate herein after devised to Nathan Van Auken, six hundred dollars thereof out of that part of my real estate herein after devised to Joshua Van Auken, and the remaining twelve hundred dollars shall be paid out of that part of my real estate after devised to Jeremirah Van Auken. I do also give and devise unto my son Nathan Van Auken his heirs and assigns a certain tract or parcel of land being a part of the farm on which I now live and is part of lot number two in a survey of lot number ten in the sixth division of the minisink patent (which lot number two was conveyed to me by John Johnston by deed bearing date the third day of November in the year of our Lord one thousand seven hundred and eighty seven) bounded as follows to wit: Beginning at an oak tree standing at the West side of the road where the division fence between farm now occupied by said Nathan Van Auken and the farm occupied by my son Jeremiah Van Auken joins on the fence along the road and runs from thence North forty six degrees and fifteen minutes West along a line here to fore run by Peter E Gumaer to the Neversink River thence down said river along the same to the West corner of said lot number two, thence south forty six degrees and fifteen minutes past along on the South West line of said lot number two to two rods across on the South East side where the Montgomery and Minisink turnpike road is laid out, thence North forty three degrees and forty five minutes East so far until a North forty six degrees and fifteen minutes West course can be run to the place of beginning, thence North forty six degrees and fifteen minutes West to the place of beginning ( excepting and reserving one acre of land out of the East corner of said trace of land above described which acre of land is bounded as follows to wit: Beginning at the East corner of said trace of land above described and runs from thence North forty six degrees and fifteen minutes West to the tree standing at the West side of the road at the beginning place of the above described tract thence along the West side of the road so far as to include one acre of land within the bounds herein mentioned for the same thence South forty six degrees and fifteen minutes east to the extream South East line of the above described tract, thence along the same North forty three degrees and forty five minutes East to the place of beginning.) Together with the hereditments and appurtenances whatsoever to said tract of land hereby devised belonging or in any wise appertaining to hold to him the said Nathan Van Auken his heirs and assigns forever provided the he the said Nathan Van Auken his heirs executors or administrators shall pay or cause to be paid unto my aforesaid legatees respectively the aforesaid sum of two hundred dollars within five years after my decease as and for a part of the legacies I have herein before bequeathed to them. I also give and devise unto my son Jeremiah Van Auken his heirs and assigns all that tract of land on which I now live bounded as follows to wit: Beginning at the South corner of lot number two aforesaid in a survey of lot number ten in the sixth division of the Minisink Patent and runs from thence North forty six degrees and fifteen minutes West on the South west line of said lot number two to the South corner of the tract of land above described and devised to Nathan Van Auken thence along the line of the same North forty three degrees and forty five minutes East to the South corner of one acre of land herein afore excepted out of the aforesaid tract devised to Nathan Van Auken, thence North forty six degrees and fifteen minutes West to the West corner of said one acre of land at the West side of the road, thence along the West side of the road to the tree standing at the North corner thereof, thence North forty six degrees and fifteen minutes West along the line of the above described tract devised to Nathan Van Auken to the Neversink River, Thence up said river along the same so far as where the West line of my land leaves the river, thence continues still up the river North Easterly on the West line of my Land so far until a south forty six degrees and fifteen minutes East course can be run to a certain large Swamp Oak tree standing on the flatt about half way from the Neversink River to the foot of the hill near the corner of two fences one of which fences leaving from the Doughvee Kill towards the hill stands between certain lands on my farm now occupied by said Jeremiah Van Auken and lands occupied by Joshua Van Auken and the other of said fences bears a Northeasterly direction and extends from the Doughvee Kill to the Colk, thence South forty six degrees and fifteen minutes East to said large Oak tree and further the same course of South forty six degrees and fifteen minutes East to the extream South East line of said lot number two or to in a straight direction of said line in case this tract extends further Northeasterly than said lot number two, thence South forty three degrees and forty minutes West along the extream Southeast line of said lot number two to the place of beginning (excepting and reserving fifty acres of land out of the East corner of said lot number two, which fifty acres is bounded as follows to wit: On the Northeast and Southeast sides by the extream South East and Northeast lines of said lot number two, on the Northwest side by the line of a certain tract of land formerly conveyed by Samuel Green to Solomon Davis, William Kool and Abraham Van Auken by deed bearing date, the twenty third day of April in the year of our Lord one thousand seven hundred and thirty, and on the Southwest side by a line parallel to the Northeast line of said lot number two including fifty acres of land, within the aforesaid lines and also excepting and reserving that streak of land if any which may lie between the Northeast side of the Northeast line of said fifty acres of land, and the southwest side of the aforesaid Northeast line of said tract devised to Jeremiah Van Auken on the Southeast side of said tract of green.) Together with the buildings (excepting that part of the use and occupation of my house which is herein after bequeathed to my wife) hereditaments and appurtenances whatsoever to the tract of land here by devised, to said Jeremiah Van Auken belonging or in any wise appertaining, to hold to him the said Jeremiah Van Auken his heirs and assigns forever provided that said Jeremiah Van Auken his heirs Executors or administrators shall pay or cause to be paid unto my aforesaid legatees respectively the aforesaid sum of twelve hundred dollars within five years after my decease as and for part of the legacies I have herein before bequeath to them; And also, for and during the term of the natural life of my wife Leah Van Auken bear and pay equal one half part of all the cost and expenses of sufficiently keeping fothering and pasturing two cows for her of finding and providing yearly and every year forty pounds of flax for her, and of maintaining and supporting her as aforesaid during her natural life, or instead of maintaining and supporting her of paying the aforesaid yearly or annual sum of fifty dollars to her yearly and every year during natural life and of finding and providing fire wood for her and of keeping a fire for her as aforesaid during said time. I also give and devise to my son Joshua Van Auken his heirs and assigns all that tract of land being a part of the farm on which I now live bounded as follows to wit: Beginning at the North corner of the tract of land herein before described and devised to Jeremiah Van Auken and runs from thence along the line of said tract forty six degrees and fifteen minutes East to the extream South East line of said tract of green thence South Westerly along on the line of said tract of green to the West corner of the aforesaid fifty acres of land herein before excepted out of said lot number two thence South forty six degrees and fifteen minutes East along the South East line of said fifty acres to the South corner thereof thence North forty three degrees and forty minutes East along the extream South East line of said lot number two and said fifty acres to the East corner thereof thence along the North East line of said lot North forty six degrees and fifteen minutes West to the South East line of said tract of green thence North Easterly along on the Easterly line of said tract of green to the East corner of my land as far as where I the same now hold and possess; thence North Westerly along on the North East line of my land (that is the North East line of the land possess and occupy and not including what is now held by Jacobus Van Fleet) to the Westerly line of my land on the West side of the Doughvee Kill, thence south Westerly along the said line to the place of beginning. Together with the hereditaments and appurtenances whatsoever of me the said Daniel Van Auken to said tract of land hereby devised to Joshua Van Auken belonging or in any wise appertaining, To hold to him the said Joshua Van Auken his heirs and assigns forever. Provided that said Joshua Van Auken his heirs Executors or administrators shall pay or cause to be paid unto my aforesaid legatees respectively the aforesaid sum of six hundred dollars within five years after my decease as and for a part of the legacies I have herein before bequeathed to them, and also for and during the term of the natural life of my wife Leah Van Auken bear and pay the equal on half part of all the cost and expenses of sufficiently keeping fothering and pasturing two cows for her, of finding and providing yearly and every year forty pounds of flax for her and of maintaining and supporting her as aforesaid during her natural life or instead of maintaining and supporting her of paying the aforesaid yearly or annual sum of fifty dollars to her yearly and every year during her natural life and finding and providing fire wood for her and keeping a fire for her as foresaid during her natural life. I also further give and bequeath to my wife Leah Van Auken for and during the term of her natural life the use and occupation of two of the rooms in my present dwelling house (only for her own use) being the lower room in the South West end of the house and the upper room in the North East end of the house called the yellow room, and as much cellar and stair room in said house or what she shall necessarily want for her own use and also the use and occupation of all my beds and bedding and all my household furniture whatsoever for and during said time, I also give and bequeath to her two milch cows to be her choice out of my stock of cows and also such sum or sums of money out of my personal estate as will defray all her necessary phisical aid to any phisician or phisicians who shall have attended her in cases of her sickness after my decease to be paid after the expenses shall be incurred. As to all the residue and remainder of my personal estate whatsoever I give and bequeath the same to my children, Elijah Van Auken, Nathan Van Auken, Nathaniel Van Auken, Isaiah Van Auken, Daniel Van Auken jr, Joshua Van Auken, Jeremiah Van Auken, Ledia Cole, Catherine Myers, Jane Hornbeck, Leah Hornbeck, Margery Cuddeback and my grandson Daniel Van Inwagen to be equally divided between them. I do hereby appoint my wife Leah Van Auken Executrix and my sons Elijah Van Auken and Nathaniel Van Auken Executors of this last will and testament hereby revoking all former wills by me made. In witness whereof, I have hereunto set my hand and seal the twenty seventh day of December in the year in the year of our Lord one thousand eight hundred and ten. Signed, sealed, published, and declared by the above named Daniel Van Auken 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. The words as between the 15 and 16th, be lines between the 16th and 17th lines of the first page, of and between the 25th and 26th lines of the second page, Nov between the 33th and 34th lines of the third page, of between the 25th and 26th lines, I between 39th and 40th lines of this page, was first interlined, and the words as and for in the 20th line of the first page son in the 41th line of the second page, fifty acres in the 18th line, three forty in the 46th or last line of the third page, me in the 9th line this fourth page was first wrote on erasure and four words in the 44th line of the second page was first stroked out with the pen. Samuel Lambert II Her His Hannah X Kittle Daniel X Van Auken {S.S.} Mark Mark Peter E. Gumaer Orange County SS: Be it remembered that on the third day of February in the year of our Lord one thousand eight hundred and eighteen personally appeared before me Edward Ely, Surrogate of the said county of Orange, Peter E. Gumaer and being duly sworn he did declare and say that he did see Daniel Van Auken deceased sign (by making his mark thereto) and seal the paper writing than shown unto him supporting to be the last will and testament of the said deceased, and heard him publish and declare the same as and for his last will and testament that at the time thereof the said deceased was of sound and disposing mine and memory, to the best of his knowledge and belief, and that he together with Samuel Lambert II and Hannah Kittle subscribed their names thereto as witnesses in the presence of the testator and in the presence of each other. The preceeding is a true copy of the last will and testament of Daniel Van Auken deceased, of the certificate of the proof thereof and the letters testamentary thereon. Edward Ely, Surrogate File at: http://files.usgwarchives.net/ny/orange/wills/vanauken867gwl.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 18.7 Kb