WILL: Seaman Germond; Schodack, Rensselaer co., NY surname: Germond, Allen, Barringer, Van Vleck, Whiting, Viele, Dow submitted by Gayle Hendren (gr3808 at aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: October 23, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 13.9 Kb ************************************************ Source: Sampubco.com Rensselaer County, NY Will Book Vol. 18 Page 80 & Page 139 Written: May 13, 1831 Recorded: November 17, 1834 The last Will and Testament of Seaman Germond deceased with the proof thereof as a Will of Real estate. Recorded Nov. 17th 1834. In the name of God amen, I Seaman Germond of the Town of Schodack in the County of Rensselaer, being of sound and disposing mind and memory do make and publish this my Last Will and Testament in manner and form following to wit. First I will and order that all my just debts be paid by my executors hereinafter named and my funeral expenses as soon after my decease as may be. Secondly I hereby five and bequeath unto my son Hulet German all and singular my farm situate in the Town of Schodack aforesaid and whereon I now reside to have and to hold the same to him the said Hulet his heirs and assigns forever together with the buildings privileges and appurtenances thereunto belonging. In consideration whereof I order and direct that my said son Hulet pay the sum of Two thousand dollars in manner and form following to wit: To Ann the wife of David M. Allen the Sum of One hundred dollars. To my daughter Mary the Sum of One hundred dollars. to my daughter Genet the Sum of One hundred dollars. To Wellington son of Samuel Germond the Sum of One hundred dollars when he shall arrive to the full age of twenty one years. To Sarah the daughter of David M. Allen the Sum of One hundred dollars when she shall arrive to the full age of Twenty one years. and unto my son Isaac the Sum of Five hundred dollars if he shall have an heir. If the said son Isaac shall not have any heirs then the said sum of Five hundred dollars shall be legally divided among my other children, but the share of Ann shall go to her children. only the interest of the share of Ann, she the said Ann shall receive during her natural life. Thirdly, I give and bequeath unto my son Isaac the sum of Seven hundred dollars and the interest for which I hold his Bond and Mortgage if he shall have an heir, but if the said Isaac shall die no leaving any child or children then the said Sum of Seven hundred dollars and the interest which may be due thereon at the time of his decease shall be equally divided between my other children. but the share of Ann shall go to her children. She receiving the interest thereof annually during her natural life. Fourthly I give and bequeath unto my four daughters Ann, Mary, Genet and Sarah the Sum of Sixteen hundred dollars which is due to me from Stephen and Smith German the payment whereof is secured to me by their Bond and Mortgage. The share of Ann shall go to her children, but she shall receive the interest thereof for and during her natural life. And I further hereby order and direct that the Sum of One hundred dollars which I have in the second item of this, my will ordered to be paid to my said daughter Ann shall go to her children she receiving the interest thereof during her natural life. Fifthly I give and bequeath all my house hold furniture not herein otherwise disposed of to my four daughters, Ann, Mary, Genet and Sarah to be equally divided between them share and share alike. I do give and bequeath as follows to wit: unto my son Hulet one Bed and Bedding, unto my daughter Mary two Beds and Bedding, and unto my daughter Genet two beds and Bedding Sixthly I do hereby order and direct that all the Legacies herein before directed to be paid by my son Hulet shall be paid at the expiration of six months after my decease, and that the said Legacies shall remain a charge on the farm herein before bequeathed unto my son Hulet together with the residue of the sum of Two thousand dollars which he is to pay for the farm. Sevently I do hereby appoint my two sons Willet and Hulet Trustees for my daughter Ann and her children and for that purpose do hereby order and direct that all sums and funds of money herein bequeathed unto my daughter Ann and her children shall be retained and kept by my said sons Willet and German as their Trustees to be by them paid over unto the children of Ann after the death of the said Ann and the interest thereof annually unto my said daughter Ann during her natural life. Eighthly All the Rest, Residue and remainder of my estate I give and bequeath unto my children Willet, Hulet, Ann, Mary, Genet and Sarah to be equally divided between them share and share alike. the share of Ann to go to her children and she to receive the Interest thereof during her natural life Lastly I do hereby appoint my sons Willet and Hulet and my friend Abraham Van Vleck executors of this my last Will and Testament hereby revoking all former Wills by me made. In Witness whereof I have hereunto set my hand and seal this 13th day of May A.D. 1831. Signed Sealed published and Declared by the above named Seaman Germond to be his last Will and Testament in the presence of us who have hereunto subscribed our names as witnesses in the Seaman Germond L.S. presence of the Testator. Elisha B. Dow of Nassau Rensselaer County Spencer Whiting of Nassau Rensselaer County State of New York County of Rensselaer ss; Be it remembered that on the seventeenth day of November in the year of our Lord one thousand Eight hundred and thirty four personally appeared before me Philip Viele Surrogate of the said county of Rensselaer Spencer Whiting one of the subscribing witnesses of the Will of Seaman Germond late of the Town of Schodack in said County, deceased, who being duly sworn declared that he did see Seaman Germond execute the annexed written instrument purporting to be the last Will and Testament of the said Seaman Germond bearing date the 13th day of May in the year of our Lord One thousand Eight hundred and thirty one and heard him publish and declare the same as and for his last Will and Testament, that at the time thereof he the said Seaman Germond was of sound disposing mind and memory to the best of the knowledge and belief of the said Spencer Whiting and that he the said Spencer together with Elisha B. Dow the other witness to the said Will severally subscribed their hands and names to the said Will as witnesses thereto, in the presence of the Testator and each other. In Testimony Whereof, the said Surrogate hath hereunto set his hand and affixed the seal of his Office, at the City of Troy, the day and year first above written. Philip Viele County of Rensselaer ss: Be it remembered, that at a Surrogate Court held for the County of Rensselaer at the Surrogates office in the City of Troy on the thirtieth day of October in the year of our Lord One thousand Eight hundred and thirty four. In the matter of the Real estate of Seaman Germond deceased. Present Philip Viele Surrogate come Willet German, Hulet German executors named in the last Will and Testament of Seaman Germond late of the Town of Schodack in said County deceased and informed the said Court that notice had been given pursuant to the statute in such case made and provided of the intention of proving the last Will and Testament of the said Seaman Germond, deceased, and the said Willet German and Hulet German brought into this Court notice of the intention to prove the said Will signed by the said Willet German and Hulet German executors in said Will named with the affidavit of Hulet Germond and the admission signed by Mary Barringer, Samuel Barringer, Sarah Roe, and Gennet Germond proving the due service of said notice upon all the heirs of the said Seaman Germond deceased, which said notice affidavit and admission are as follows, to wit: To Ann the wife of David M. Allen one of the heirs of Seaman German of the Town of Schodack in the County of Rensselaer and State of New York deceased You are hereby required to take notice that , We shall apply to Philip Viele Esquire, Surrogate of the County of Renssealer at his office in the City of Troy in the County of Rensselaer on the thirtieth day of October next at Ten o'clock in the forenoon to have the last Will and Testament of the said Seaman German proved and recorded pursuant to the statute in such case made and provided. Dated the 8th day of September A.D. 1834. Willet German and Hulet German, Executors, to Isaac German one of the heirs of Seaman German of the Town of Schodack in the County of Rensselaer and State of New York deceased, You are hereby required to take notice that we shall apply to Philip Viele Esquire, Surrogate of the County of Rensselaer on the thirtieth day of October next at Ten o'clock in the forenoon to have the last Will and Testament of the said Seaman German deceased proved an Recorded pursuant to the statute in such case made and provided Dated the 8th day of September 1834. Willet German and Hulet German Executors County of Rensselaer ss: Hulet Germond being duly sworn deposeth and saith that he this Deponent did on the 22nd day of September last deliver copies of the above notice to Ann Allen and Isaac Germond of Flushing, Long Island and Deponent further saith that Mary Barringer, Samuel Barringer, Sarah Roe and Genett Germond executed the annexed admission of the service of Notice to prove said Will of said deceased and deponent further saith that said Ann Allen, Isaac Germond, Mary Barringer, Sarah Roe, Genett Germond, Willet Germond and Deponent are all of the heirs at Law of said Seaman Germond deceased and are all of full age and reside in the County of Rensselaer with the exception of said Ann Allen and Isaac Germond, and further Deponent saith not Hulett Germond Sworn this 17th Nov. 1834. Philip Viele Surrogate. We the Subscribers, heirs and Legaties of the estate of Seaman German late of the Town of Schodack in the County of Rensselaer do hereby acknowledge to have received due notice of the time and place of proving the last Will and Testament of the said Seaman German deceased. Witness our hand Oct. 29, 1834. Mary Barringer, Samuel Barringer, Sarah Roe, Genett Germond. Whereas the said Court being satisfied with the proof made in the premises that due notice had been given according to law of the intention to have the said Will of the said deceased proved and Recorded according to the statute in such case made and provided, It is ordered on reading the above affidavit by the said Court that Hulet Germond and Willet Germond executors in said Will of said deceased: And thereupon at this day to wit: on the seventeenth day of November One thousand Eight hundred and thirty four, to which day this matter was duly adjourned personally appeared the Executors above named together with the witnesses to said Will, and the said Will being produced and shown to the said Court: County of Rensselaer Surrogate's Court. In the matter of proving the Will of the Real estate of Seaman Germond deceased. Elisha B. Dow of Nassau in the County of Rensselaer being first duly sworn, deposeth and saith that he saw Seaman Germond now deceased, subscribe his name to the Instrument presented to Deponent, or acknowledge that he had done so, and which purports to be the last Will and Testament of the said Seaman Germond deceased, bearing date the 13th day of May in the year of our Lord One thousand Eight hundred and thirty one that he heard the said Seaman Germond 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 Seaman Germond, and further, that at the time thereof the said Seaman Germond was of sound mind and memory, of full age, and not under any restraint, and further this deponent saith not. Elisha B. Dow, sworn this 17th day of November 1834 before me Philip Viele, Surrogate. County of Rensselaer Surrogates Court In the matter of proving the Will of the Real estate of Seaman Germond deceased. Spencer Whiting of Nassau, in the County of Rensselaer being first duly sworn, deposeth and saith that he saw Seaman Germond, now deceased subscribe his name to the Instrument presented to deponent, and which purports to be the last Will and Testament of the said Seaman Germond, deceased, bearing date the 13th day of May in the year of our Lord One thousand Eight hundred and thirty one that he heard the said Seaman Germond 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 Seaman Germond, and further, that at the time thereof the said Seaman Germond was of sound mind and memory, of full age, and not under any restraint, and further this deponent saith not. Spencer Whiting - Sworn this 17th day of November 1834. before me Philip Viele Surrogate. And hereupon it appearing to the said Court that the 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 is therefore ordered by the said Court that the said Will together with the probate thereof be Recorded. which said proof is herein before recorded and contained, and that said Will so ordered to be Recorded is as follows: to wit: County of Rensselaer ss. I certify the above to be a true Record of the Will of Real estate of Seaman Germond, deceased, together with the proof thereof. Philip Viele, Surrogate