WILL: Jacob I. Schermerhorn; Greenbush, Rensselaer co., NY surname: Schermerhorn, Lansing, Sebring, Moll, Van Sindorin submitted by Heidi Crawley (hacrawley at gmail.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: July 14, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 11.0 Kb ************************************************ Source: Sampubco.com Rensselaer co NY Will Book Vol. 12 page 241 Written: April 29, 1795 Recorded: May 24, 1832 The last will and testament of Jacob I. Schermerhorn deceased with the proof thereof as a will of real estate. Recorded May 24, 1832 State of New York: Ss County of Rensselaer. Be it remembered that t a surrogate Court held for the county of Rensselaer at the Surrogate office in the city of Troy on the Twenty fourth day of May in the year of our Lord one thousand eight hundred and thirty two, in the matter of the real estate of Jacob I. Schermerhorn deceased. Present Philip Viele Surrogate, comes Barney Schermerhorn ones of the devises named in the last will and testament of Jacob I. Schermerhorn late of the town of Greenbush in the said county of Rensselaer advises and informed said court that notice had been given pursuant to the statute I n said case made and provided of his intention of proving the last will and testament of the said Jacob I. Schermerhorn deceased and the said Barney brought into the court a notice of his intention to prove the said will signed by the said Barney proving the due service of said notice upon all the heirs of said Jacob I. Schermerhorn which said notice and affidavit are as follows to wit. To the Heirs of Jacob I. Schermerhorn deceased now will prepare to take notice that I shall apply the Surrogate of the county of Rensselaer at this office in the city of Troy on Thursday the twenty fourth day of May nearest at ten o'clock in the forenoon of that day to take the proof of and record the last will and testament with the codicil thereto of Jacob I. Schermerhorn late of the town of Greenbush in the county of Rensselaer aforesaid deceased in pursuance of the revised statutes of the state concerning "wills of real property and the proof of them." Which said will and codicil is dated the 2d9th day of April in the year of our Lord one thousand seven hundred and ninety five. Dated this nineteenth day of April 1832. Yours to Barney Schermerhorn one of the devisees named in said will county of Rensselaer for: Barney Schermerhorn being duly sworn deposeth and saith that he delivered copies of the above notice to Cornelius I. Schermerhorn, Catalina Lansing, Arieal Sebring, Garrittje Moll, Cornelius C. Schermerhorn, Andrew Schermerhorn, Jacob Schermerhorn and John Van Sindorin Guardian of John Schermerhorn and Elenor Schermerhorn on or before the first day of May instant and deponent further saith that the persons above named together with the deponent are all the heirs at law of Jacob I. Schermerhorn deceased and that they all reside in the county of Rensselaer and further deponent saith not Barney Schermerhorn from this 24th May 1832 before one Philip Viele Surrogate whereas the said court being satisfied with the proof made in the premises that due notice has been given according to law of the intention to have the said will of the said deceased proved according to the revised statutes of this state concerning "wills of Real property and the proof of them". It is ordered on reading and filing the above affidavit by the said court that Barney Schermerhorn one of the devisees named in said will have leave to proceed to prove the said will of the said deceased and thereupon the said will being produced and shown so the said court county of Rensselaer Surrogate Court In the matter proving the will of the Real Estate of Jacob I. Schermerhorn deceased. James V. C. Romeyn of the town of Hachensack in the county of Burgen in the state of New Jersey being first duly sworn deposeth and saith that he saw Jacob I. Schermerhorn now deceased subscribe his name to the instrument presented by deponent and which purports to be the last will and testament of the said Jacob I. Schermerhorn deceased bearing the date 24th day of April in the year of our Lord one thousand seven hundred and ninety five that he heard the said Jacob I. Schermerhorn declare the same to be his last will and testament and that he this deponent did subscribe his name as a witness thereto at the request of the said Jacob I. Schermerhorn and further that at the time thereof the said Jacob I. Schermerhorn man of sound mind and memory of full age and not under any restraint; and deponent further saith that he saw said Jacob I. Schermerhorn subscribe his name to the instrument also presented to deponent and which purports to be a codicil to the said last will and testament of the said Jacob I. Schermerhorn deceased that he heard the said Jacob I. Schermerhorn declare the same to be a codicil of his said last will and testament and that he this deponent did subscribe his name as a witness thereto at the request of the said Jacob I. Schermerhorn and further that at the time thereof the said Jacob I. Schermerhorn was of sound mind and memory of full age and not under any restraint and further deponent saith not James V. C. Romeyn for the 24th May 1832 before me Philip Viele Surrogate County of Rensselaer Surrogate Court. In the matter of proving this willof the real estate of Jacob I. Schermerhorn James V. C. Romeyn being duly sworn deposeth and saith that he knew Obadiah Lansingh now deceased whose name purports to be subscribed to the last will and testament and the codicil thereto of Jacob I. Schermerhorn deceased and that he has see said Obadiah Lansingh write his name: and deponent further saith that he has seen said Jacob I. Schermerhorn deceased write his name and that the words "Jacob I. Schermerhorn" to said will and codicil subscribed are the proper hand writing of said Jacob I. Schermerhorn deceased and that he this deponent was present at the time of the execution of said will and codicil and saw said Jacob I. Schermerhorn subscribe his name thereto and deponent further saith that the words "Obadiah Lansingh" to said will and codicil subscribed as a witness thereto are the proper hand writing of said Obadiah Lansingh. And deponent further saith that Cornelius Schermerhorn whose name purports to b subscribed to the will and codicil thereto of said Jacob I. Schermerhorn is now deceased and deponent has been informed and believes to be true and that he as seen said Cornelius Schermerhorn write his name and that the words "Cornelius Schermerhorn" subscribed to said will and codicil is the proper hand writing of said Cornelius Schermerhorn deceased, and deponent further saith that he saw said Cornelius Schermerhorn deceased subscribe his name to the will and codicil of said Jacob I. Schermerhorn as a witness thereto. And further deponent saith not James V. C. Romeyn sworn the 24th May 1832 before me Philip Viele Surrogate. And hereupon it appearing to the said court that said will of the said deceased was duly executed according to law and that the said testator who executed the same was at the time of making such execution of full age of sound mind and memory and not under any restraint. It s ordered by the said court that the said will together with the probate thereof be recorded which said proof is here in before recorded and contained and that said will so ordered to be recorded is as follows to wit: In the name of God Amen. I Jacob I. Schermerhorn of Greenbush in the County of Rensselaer and state of New York being weak of body but of sound understanding do make this my last will and testament in the manner following, that is to say: I give and commend my soul into the hands of a merciful God and my body to the earth to be discreetly interred at the discretion of my executors the funeral charges to be paid out of my estate and with respect to such worldly goods where with it has pleased God to help me I give devise and dispose there of as follows. In promise I give and bequeath unto my beloved wife Geertie Schermerhorn her support out of my estate as long as she continues my widow and to her I commit the management thereof whilst such and in case she shall marry again I give and bequeath unto her, her marring apparel, a bed and bedding, and a milk cow. Item. If my brother Cornelius Schermerhorn shall give a sufficient livelihood to my son Jacob then I d give and bequeath my whole estate both real and personal (except what is herein after reserved for my daughter) to Barent and Cornelius and if my said brother shall think it proper to secure as aforesaid any of my other sons then Jacob shall have half of my estate here but shall give the other male heir to my estate thirty pounds and in case my brother shall not provide for any of them hen Barent and Cornelius shall have two shares to Jacob one of my said estate. I do further ordain that my two youngest children a sufficient common education out of my estate and should any of my sons die without lawful heirs then his part of the estate shall devolve upon the remaining son or sons in like manner should any of my daughters die without lawful heirs then her share shall devolve upon the remaining daughter or daughters. Item: I give and bequeath unto my three daughters each a furnished bed, a milk cow and two sheep together with all the household furniture, the said bed, cow, and sheep t, be given them when they are married but the furniture to remain on the place till after my widow's death or marriage, also the negro servant with three children if to many she shall get there also to remain on the place till the death or marriage of my widow. All the said last articles shall be equally divided between my daughters by my executors. Item: I also ordain that my mother shall have a decent and reasonable support out of my estate during life and at her death shall have a becoming burial the expenses to be paid out of my estate and should she choose to remove elsewhere my executors shall pay a reasonable price for her keeping. Lastly: I do hereby nominate and appoint my beloved wife Geertie executrix and my brother Cornelius and Obadiah Lansingh executors of this my last will and testament which I declare to be my last hereby revoking and disannulling all former wills and legacies by me made and executed. In testimony whereof I have devised to set my hand and seal this 29th day April in the year 1795. Signed, sealed & declared by the testator to be His last will and testament in the presence of us As witnesses James VC Romeyn, Obadiah Lansingh, Cornelius Schermerhorn County of Rensselaer: I hereby certify the above to be a true record of the last will and testament of the real estate of Jacob I. Schermerhorn, deceased, together with the proof thereof. Philip Viele Surrogate