WILL: Stephen Germond; Lansingburg, Rensselaer co., NY
surname: Germond, Mabbitt, Smith, Mott, Hall, Henry, Bloom

submitted by Gayle Hendren (GR3808 @ aol.com)
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Transcribed from SAMPUBCO copy by Gayle Hendren
Lansingburg, Rensselaer County, New York  
Volume 22 Page 121


The last Will and Testament of Stephen Germond, deceased, with the Probate
thereof - Recorded 29, September 1836.

In the name of God Amen:  I, Stephen Germond of the town of Lansingburgh, in
the County of Renssellaer and State of New York, being weak in body but of
sound 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 give and devise all my property and estate, both real and personal,
where so ever the same may be, to my brother Smith Germond, of Lansingburgh in
trust, never the less to  --------- the intent and meaning of this my Will
viz:
It is my will that the said Smith Germond shall within a reasonable time after
my decease and within sufficient time to pay the Legacies here in after
mentioned and bequeathed, sell, dispose of and convey, all my estate both real
& personal, at public auction or private sale as he may diem proper. And out
of the monies arising from such sale of my said real and personal estate,
first to pay all my just debts, funeral charges and the expense of settling of
my estate.

Secondly: To pay to the following children of my deceased brother, Samuel
Germond viz: Anna, the wife of John Mabbitt, Lavina Germond, Jane Germond,
Phebe Germond, Rebecca Jane Germond, Almira Germond, Mary Elizabeth Germond,
each the sum of one hundred dollars which I hereby bequeath to them, and order
the same to be paid to them within two years from the time of my decease, if
they shall then have all attained the age of twenty one years, and to those of
said children who shall not have attained the age of twenty one years at the
expiration of two years from my decease, I order and direct the said Smith
Germond, to pay their said legacies as they shall respectfully attain the said
age, with interest, to commence running in two years after my decease.

Third: Out of the monies arising from the sale of my real and personal estate,
I direct the said Smith Germond to invest the sum of three hundred dollars,
the interest of which after the expiration of two years from my decease, shall
be paid annually to Mary Germond, the widow of the said Samuel, during her
natural life, and also to invest the further sum of three hundred dollars and
to pay the interest thereof after the expiration of two years from my decease,
to Susan Germond, another daughter of the said Samuel, deceased, annually
during her natural life, and at the death of the said widow , and also at the
decease of the said Susan, the sums so invested for their benefit as
aforesaid, shall be paid to the other children of the said Samuel or their
heirs, share and share alike.

Fourth: Out of said monies arising from said sale as aforesaid, I direct the
said Smith Germond to invest the further sum of one thousand dollars, and to
pay the interest thereof from and after the expiration of two years after my
decease, annually to my sister Anna Bloom, during her natural life. And if in
the opinion of my said trustee, the said Anna Bloom shall require more than
the interest of the said sum of one thousand dollars annually for her support,
then my said trustee is authorized and empowered to apply so much of the
principal sum of one thousand dollars from time to time as he may deem
necessary for the support of the said Anna.  And after the decease of the said
Anna, I give 

and bequeath the said sum of one thousand dollars, so invested for her use as
follows, viz: To William Smith, one hundred and fifty dollars - To James
Germond Mott, son of John M. Mott, fifty dollars - To Stephen Germond Mott,
fifty dollars - To Mary Hall, twenty five dollars and to Betsey Henry, twenty
five dollars.  If enough remains of the said one thousand dollars after the
decease of my said sister Anna Bloom, to pay the said last mentioned legacies,
and if not there, they are to be paid out of what does remain, a sum in
proportion to the sum bequeathed to each, and if any more of the said one
thousand dollars shall remain unexpended at the decease of the said Anna than
is sufficient to pay the said last mentioned bequeath, I give and bequeath
such remainder to the heirs of Susan Mott, share and share alike. 

Fifth: I give and bequeath to my sister Susan Mott, the sum of one thousand
dollars to be paid to by my said trustee out of the monies arising from the
sale of my said estate in two years after my decease.

Sixth: I further give and bequeath to William Smith, two good suits of
clothes, a hat and pair of boots to be furnished to him by my executors within
one year after my decease.

Seventh: Out of the monies arising from the sale of my said estate, I direct
the further sum of two hundred dollars to be invested, and the interest
thereof commencing in two years after my decease to be annually paid to my
niece, Betsey Henry, during her natural life, & at her decease, to be divided
among her children if she has any, and if not, then the principal of any is
left to go to my brother Smith.  But it is my will, that if my brother Smith
should think it necessary to expend any or all of the said principal of the
two hundred dollars for the support of the said Betsey Henry during her
natural life, that he will pay it to her as her necessities may require.

Eighth:  Out of the said monies arising from the sale of my said estate, I
further give and bequeath the sum of two hundred dollars to Stephen Germond
Mott - The further sum of one hundred dollars to my nephew, Smith Mott - The
like sum of one hundred dollars to my nephew John M. Mott; the further sum of
one hundred dollars to my niece, Susan G. Mott, the further sum of on hundred
dollars to my nephew Addison Mott; the further sum of one hundred dollars to
my niece Lydia P. Mott; the further sum of one hundred dollars to my niece,
Jane Germond  and the further sum of one hundred dollars to my niece Mary
Hall, which said last mentioned legacies are to be paid by my said trustee
within two years after my decease.

Ninth:  All the rest and residue of the monies arising by the sale of my real
and personal estate as aforesaid, I give and bequeath to my brother, Smith
Germond for his own proper use and benefit forever.

     And whereas a great sacrifice of my real and personal estate may be made
by a forced sale thereof, within the times above mentioned for the payment of
said legacies.      

Now therefore, if the said Smith Germond can and shall pay in any other way
than by the sale as aforesaid the said legacies above bequeathed, and the
interest of the second sums ordered to be invested as aforesaid, then and in
that case, it is my will that the said Smith Germond should have such further
time to sell and dispose of my said real and personal estate as he may at his
discretion & his best-----------to avoid a sacrifice.  If the said Smith
Germond should die before he shall have sold and disposed of my said real
estate or any part or -------thereof, then it is my will that the Executors of
the said Smith Germond, or such of them as shall qualify as executors, and
survivors or survivor of them, shall sell, dispose and convey, as soon as
conveniently may be after the death of the said Smith, all the real estate
belonging to me which shall then remain unsold; and that the said Executors of
the said Smith, hold the monies arising by such sale and disposition thereof,
to the use, benefit and behalf of such person or persons, and in such
proportions and in such manner as the said Smith Germond shall by his Last
Will and Testament, limit and appoint.  And if the said Smith Germond shall
make no such limitation or appointment by his last Will, or if he shall die in
testate, then it my Will that his Executors or Administrator as the case may
be, shall with all convenient speed, proceed to sell and dispose of my
aforesaid real and personal estate, or so much thereof as remains unsold & pay
over the monies arising by such sale (after paying and satisfying the legacies
and bequests herein before mentioned if they or any of them remains unpaid) to
any heirs in the proportion of one to every female and two to every male heir,
so that each female shall have only one half as much as a male heir, but in
default of female heirs to pay over such monies as last aforesaid to the male
heirs in equal proportions; and in default of male heirs, to pay over such
monies as last aforesaid to the female heirs in equal proportions.
     Lastly, I nominate, constitute, and appoint my brother, Smith Germond
and my friend John S. Fake,(?) executors of this, my last will and testament,
hereby expressly revoking all former wills by me made.
     In testimony whereof I, the said Stephen Germond, the said testator,
have hereunto set my hand and seal, this twenty seventh day of August in the
year of our Lord, one thousand eight hundred and thirty six.
Signed, sealed, published & declared by the said testator to be his last will
and testament in the presence of us, who have hereunto subscribed our names as
witnesses, at the request of the said testator, in his presence and in
presence of each other.
F.B. Leonard, Lansingburgh, NY
Michael Latouche(sp?) Do.
Martin Stover, Pittstown, NY

STATE OF NEW YORK                  
County of Rensselaer
Surrogate Court
     Be it remembered that on the twenty ninth day of September in the year
of our Lord, one thousand eight hundred and thirty six, before Job Pierson (?)
Surrogate of the County of Rensselaer, came Smith Germond, one of the
executors named in a certain instrument which purports to be the last will and
testament of Stephen Germond, late of the town of Lansingburgh, in the County
of Rensselaer, deceased, and which said instrument is hereunto annexed and
which bears date on the twenty seventh day of August in the year of our Lord,
one thousand eight hundred and thirty six.  And the said executor propounding
the aforesaid instrument unto the Surrogate aforesaid, as the last will of the
said deceased, and prayed that the same might be duly admitted to Probate by
the said Surrogate pursuant to the provisions of the Statutes of this State
concerning wills of 

Personal property and the probate thereof.  And therefore satisfactory proof
was made, according to law unto the aforesaid Surrogate, of the due service of
the citation by him heretofore issued pursuant to law, under his had and the
seal of office of the Surrogate of the County of Rensselaer, unto the next of
kin of the aforesaid deceased, to appear before the said Surrogate at the
Surrogates office in the City of Troy, at a certain time therein specified and
attend the Probate of the instrument aforesaid.  And thereupon the said
annexed instrument, was also exhibited and produced unto the said Surrogate,
and to support and maintain the instrument before mentioned, the said person
so propounding the same for probate, produced unto the said Surrogate. 
Michael Latouche (?), one of the attesting witnesses to the aforesaid
instrument, and who being duly sworn by the said Surrogate in open court, did
depose and say that he witnessed the said Stephen Germond subscribe his name
at the end of the aforesaid annexed instrument (which is now impressed with
the seal of office of the Surrogate of the County of Rensselaer) that he heard
the said Stephen Germond, declare the aforesaid instrument to e his last will
and that he subscribed his name at the end of the said will, as an attesting
witness, thereto, at the request of the said Stephen Germond, and at the time
thereof, the said Stephen Germond was of sound mind and memory, of full age to
execute a will and was not under any restraint, to the knowledge, information
or belief of the said witness and that Frederick B. Leonard and Martin Stover,
the two other witnesses to the said will, did at the same time, together with
the said Michael Latouche, subscribe their names as attesting witnesses to the
said will at the request of the said Stephen Germond, in his presence and in
presence of each other.

And thereupon, all and singular, the -------being considered by the said
Surrogate, and it being made satisfactory to appear unto him, that the
aforesaid Stephen Germond was at the time immediately previous to his death,
an inhabitant of the said County of Rensselaer, and it moreover appearing to
the said Surrogate, by the testimony before mentioned, that the citation
heretofore by him duly issued in manner aforesaid requiring the parties
therein named to appear and attend the probate of the aforesaid instrument,
hath been duly served in manner before mentioned, on all the parties required
by law to be served therewith, and it moreover appearing unto him, that the
said Stephen Germond did execute the said annexed instrument and publish the
same as his last will in due form of law and that the same was duly attested
by the witnesses whose names are thereto subscribed, in the presence and at
the request of the said Testator, and at the time of the execution aforesaid,
he was of sound mind and memory and competent in all respects, to execute and
published in due form of law.  And it is ordered and decreed by the said
Surrogate, that the same be admitted to probate as a will of personal
property.  And thereupon probate of the same, is now duly granted pursuant to
the statutes of the State of the State of New York. ---------Wills of personal
property and the probate thereof.  And it therefore by this, ordered that
letters testamentary thereon be granted to the executors in the said will
named, after the expiration of thirty days from the time of taking the proof
aforesaid or their taking the oath of office prescribed by law.

In testimony whereof, the said Surrogate hath hereunto affixed his seal of
office.  Witness Job Pierson Esq. Surrogate of the County of Rensselaer, at
the City of Troy, this 29th day of September, in the year of our Lord, one
thousand eight hundred and thirty six.
               J. Pierson, Surrogate