WILL: Joseph S. Mabbett; Lansingburgh, Rensselaer Co., NY surname: Mabbett, Parkinson, Lewis, Sutherland, Burr, Thorne submitted Oct 2002 by James P. Colgate (jpcolgate @ yahoo.com) ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org *********************************************************************** Transcribed from SAMPUBCO copy by James P. Colgate, edited by others 18 Oct., 2002. Original capitalization maintained. Rensselaer County, NY, Will Book vol. 3 page 35 Will of Joseph S. Mabbett, of Lansingburgh (Troy), NY Will dated 10 Oct. 1805; Proved 1 Dec. 1807; Recorded 8 Dec. 1807 Persons Mentioned in Will: TESTATOR: Joseph S. Mabbett WIFE: Mary Mabbett DAUGHTER: Martha C. Mabbett SISTERS: Mary Parkinson, Susanna Mabbett, Ruth Lewis NIECES: ? Tamara E. Sutherland, Hannah M. Sutherland BROTHER-IN-LAW: Thomas C. Thorne COUSINS: Isaac Burr, Jonathan Burr, Joseph Burr EXECUTRIX/EXECUTORS: Mary Mabbett, Thomas C. Thorne, Isaac Burr, Joseph Burr WITNESSES: Thomas Wallace, John Stewart, Ira Ford Transcribed by James P. Colgate 18 October 2002. Paragraph structure and capitalization preserved. --------------------------------------- [p. 35] A Copy of Letters Testamentary granted in the last Will and Testament of Joseph S. Mabbett deceased. Recorded Dec., 8th, 1807. SS. The People of the State of Newyork [sic] by the grace of good free and independent. To all to whom these present shall come or may concern send greeting. Know ye that at Lansingburgh in the county of Rensselaer on the first day of December in the year of our lord one thousand eight hundred and seven before Alanson Douglas Esquire Surrogate from said County the last will and testament of Joseph S. Mabbett late of the Town of Lansingburgh in the County of Rensselaer and State of Newyork [sic] deceased for copy whereof is hereunto annexed, was proved and is now approved and allowed by us, and the said deceased having whilst he lived and at the time of his death goods 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 goods chattels and credits, and also the auditing allowing and [p. 36] final discharging the account thereof doth app[illeg] belong unto us the administration of all and singular the goods chattels and credits of the said deceased and anyway concerning his will granted unto Mary Mabbett the Executrix, and Thomas C. Thorn Isaac Burr and Joseph Burr three of the Executors in the said will named they being first duly sworn will and faithfully 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 Alanson Douglas Esquire Surrogate of the said County at Lansingburgh the eighth day of December in the year of our lord one thousand eight hundred and seven. ------- Alanson Douglas. --------------------------------------------------------------- A Copy of the last will and Testament of Joseph S. Mabbett deceased with the proof thereof. Recorded December 8th, 1807. I Joseph S. Mabbett of the Village of Lansingburgh in the county of Rensselaer and State of Newyork [sic] being of sound and perfect mind and memory do make and publish this my last will and testament in manner and form following that is to say first it is my Will and I do hereby order all my just debts and funeral expenses to be paid and satisfied out of my estate by my Executors hereinafter mentioned. Secondly I give devise and bequeath unto my beloved Wife Mary Mabbett her heirs and assigns one third of the whole of my estate which shall be [her?] and [born?] of her right of dower. Thirdly, I give devise and bequeath unto my Daughter and only Child Martha C. Mabbett her heirs and assigns the remaining two thirds of the whole of my estate which she is to receive when she arrives at lawful age or marries with the approbation of her Mother, or in case of the death of her mother with the approbation of a majority of my Executors. Fourthly it is my Will and I do hereby authorize and empower my Executors here after named or the majority of them or the Survivors or Survivor of them to grant sell and convey to such person or persons and for [p. 37] such price or prices and on such terms as they in their discretion shall think will be for the best interest of my said Wife and Daughter all or any part of my real estate or goods and chattels which I may have or be entitled to at the time of my decease, and appropriate the monies arising from such sale or sales in the proportions above mentioned and directed. Fifthly, It is my Will and I do hereby order my Executors to put at interest all the monies arising from the two thirds of my estate hereby given to my Daughter Martha and that she be maintained and supported out of the said interest untill [sic] she is entitled to receive the estate hereby devised to her into possession. Sixthly, If my Daughter Martha should die under age and without lawful issue thus and in such case I give the estate hereby devised to her in the following manner To wit, one fifth part thereof to my beloved wife Mary Mabbett one other fifth part thereof to my Sister Mary Parkinson, one other fifth part thereof to my Sister Susanna Mabbett, and one other fifth part thereof to my Sister Ruth Lewis, and to my two nieces [Tamara?] E. Sutherland and Hannah M. Sutherland each one tenth part thereof. To have and to hold the same to them respectively and their respective heirs and assigns in the above proportions, and if either the said [Tamara?] or Hannah should die under age thus and in such case the share of the one so dying shall go to her surviving Sister herein mentioned. and it is my Will and direction that my Executors put at interest the legacies hereby given to my said Nieces [Tamara?] and Hannah and to continue on interest for their benefit respectively untill [sic] they become of age and receive the same. If any dispute should arise respecting the settlement of my estate or any part thereof, I hereby authorize and empower my Executors or the major part of them or the survivors or survivor of them to refer and submit any [p. 38] such diputes to arbitration and have them finally settled [illeg] manner. and lastly I do hereby nominate constitute and appoint my Wife Mary Mabbett during her Widowhood and no longer my Brother in law Thomas C. Thorne, my Cousins Isaac Burr, Jonathan Burr and Joseph Burr Executors [illeg] and Executrix of this my last will and testament and Trustees for my said Daughter, and I hereby authorize them to receive out of my estate a just compensation for their service respectively in executing the duties enjoined upon them by this Will. and I do hereby revoke all former Will or Wills by me made and declaring this and no other to be my last will and testament. In Testimony whereof I have hereunto set my hand and seal this tenth day of October in the year of our lord one thousand eight hundred and five. Signed sealed published and declared by the said Joseph S. Mabbett to be his last will and testament in our presence who have hereunto set our hands [in?] [the?] presence of each other and the Testator ------- Thomas Wallace ------- John Stewart ------- Ira Ford Joseph S. Mabbett S.S. Alanson Douglas (a copy) State of Newyork [sic] Rensselaer County} SS: Be it remembered that on the first day of December in the year of our lord one thousand eight hundred and seven, personally appeared before my Alanson Douglas Esquire Surrogate of the County of Rensselaer John Stewart one of the subscribing Witnesses of the Will of Joseph S. Mabbett late of the Town of Lansingburgh in the County aforesaid deceased, who being duly sworn declared that he did see the said Joseph S. Mabbett sign and seal the preceding written instrument purporting to be the last will and testament of the said Joseph S. Mabbett bearing date the tenth day of October in the year of our lord one thousand eight hundred and five, and [heard?] him publish and declare the same as [illeg] for his last will and testament, that at the time thereof he the said Joseph S. Mabbett was of sound disposing mind and memory to the best of the knowledge and belief of the said John Stewart [illeg] [p. 39] [illeg] the said John Stewart together with Thomas Wallace and Ira Ford the other Witnesses to the said Will severally subscribed their hands and names to the said Will as Witnesses thereto in the presence of the Testator and of each other. ---------Alanson Douglas