WILL: John Babcock; GRAFTON, Rensselaer co., NY surname: Babcock, Babcock, Briggs, Crandall, Eldred, Eldridge, Gardner, Kelyer, Munsell, Rex, Slade, Taylor, Tracy, Wager submitted by Mary Ann Salisbury (emailmary at comcast.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: November 28, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 12.0 Kb ************************************************ Source: Sampubco.com Rensselaer co NY Will Book Vol. 31 page 18 Written: December 21, 1839 Recorded: April 19, 1841 LAST WILL and TESTAMENT of JOHN BABCOCK of GRAFTON Transcribed by MARY ANN SALISBURY for SAMPUBCO “HONEST” JOHN BABCOCK was born 10 JANUARY 1768 in South Kingston, RI He died at home, on or about 7 MARCH 1841 in Grafton, Rensselaer, NY. John was married JAN 1792 in NY to Magdalena Wagar / Wegar / Weager. She was born 8 APRIL 1772 in Dutchess County, NY and died in Grafton, Rensselaer, NY on 15 MAY 1851 age 79 years, 1 month, and 7 days. John Babcock was the Supervisor of Grafton from 1819 to 1823 and 1825 to 1828. BABCOCK LAKE in Rensselaer County was named after him. Two of his Sons-In-Law, BENJAMIN SLADE and CALEB SLADE were Brothers His Will was signed 21 DEC 1839. In the matter of proving the will, testimony was given on APRIL 6th and 8th, 1841, and was proved 19 APRIL 1841 Names Mentioned in The Will, Proofs and Probate: Executors: Son BENJAMIN BABCOCK ; Friend THOMAS REX Witnesses: HENRY MUNSELL, JR, Hoosick Falls; GEORGE BABCOCK, Grafton Wife: LANAH BABCOCK: Sons: BENJAMIN BABCOCK ; JOHN W. BABCOCK ; HENRY BABCOCK Daughters: ANGELINE, Wife of BENJAMIN SLADE of HALF MOON, SARATOGA, NY CATHERINE, Wife of CALEB SLADE of SARATOGA, SARATOGA, NY LOUISA, Wife of SILAS ELDRIDGE of PETERSBURGH, RENSSELAER, NY Grand Daughters: CLEMINTINE BABCOCK; EMELINE BABCOCK -Daughters of Late Son DAVID? Neighbors: The Late DANIEL GARDNER; JOHN ELDRED; HENRY and JACOB KELYER Others: CORNELIUS L TRACY Surrogate of Rensselaer County, New York LELAND CRANDALL, Troy, Guardian of CLEMINTINE and EMELINE BABCOCK JOHN E TAYLOR, Troy,NY served Leland Crandall citation to appear for probate The LAST WILL and TESTAMENT of JOHN BABCOCK of the TOWN of GRAFTON in the STATE of NEW YORK I, JOHN BABCOCK of the town of GRAFTON in the county of RENSSELAER and state of NEW YORK considering the uncertainty of this mortal life and being of sound disposing 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, devise and bequeath unto My Beloved WIFE LANAH BABCOCK over and besides her right of Dower in my Estate, all my household Furniture, Beds and Bedding which I shall own at the time of my decease for her sole use during all the time in which she may remain my Widow. I also give to her all her Wearing Apparel for her own use and disposal. I also give, devise and bequeath to her during all the time in which she shall remain My Widow ONE EQUAL HALF of the EASTERN DWELLING HOUSE in which I NOW LIVE situate and being in GRAFTON on the TRACT OF LAND which I OWN called THE MITCHELL FARM. SECOND – I give, devise and bequeath to my Son BENJAMIN BABCOCK his HEIRS and ASSIGNS the LAND and BUILDINGS thereon which I OWN in the CITY OF TROY comprised in a LOT of LAND FIFTY FEET in WIDTH bounded on RIVER STREET and on a PART of a LOT TWENTY FIVE FEET WIDE on said street adjoining the said first above mentioned lot, the said land hereby given and devised to him being situate at the CORNER of RIVER and HUTTON STREETS in said City and County on the EASTERN SIDE of RIVER STREET and the SOUTHERN SIDE of HUTTON STREET and EXTENDING EASTWARD TO AN ALLEY in the REAR of SAID LAND, the same being ALL THE LAND WHICH I OWN IN THE CITY OF TROY and is hereby given and devised to my said SON SUBJECT TO the PAYMENT by HIM his HEIRS EXECUTORS and ADMINISTRATORS of the sum of TWENTY DOLLARS to my Son HENRY BABCOCK in EACH and EVERY YEAR From and After my Decease DURING THE NATURAL LIFE OF the said HENRY. THIRD – I give, devise and bequeath to my Son JOHN W. BABCOCK his HEIRS and ASSIGNS that TRACT or PARCEL of LAND with the _________ situate and being in GRAFTON in the said county of RENSSELAER called THE MITCHELL FARM in which I now live SUBJECT TO the said PRIVILEDGE GIVEN TO MY WIFE IN SAID HOUSE which FARM is bounded on the NORTH and EAST by LAND OF the LATE DANIEL GARDNER, SOUTH by LAND of HENRY and JACOB KELYER and WEST by OTHER LANDS now OWNED BY ME known as MY LEASED LANDS the said FARM being supposed to contain ABOUT ONE HUNDRED ACRES of Land. I also give, devise and bequeath to MY SAID SON JOHN W. his HEIRS and ASSIGNS a Piece of WOODLAND IN GRAFTON supposed to contain ABOUT TWENTY ACRES being a TRIANGULAR PIECE lying EAST OF AN IMAGINARY LINE formed or made by producing and CONTINUING SOUTHERLY the WESTERN BOUNDARY LINE of the said MITCHELL FARM until such continued line CROSS THE LAND WHICH I PURCHASED OF JOHN ELDRED and shall REACH the TRACT OF LAND called THE HURLEY LOT. The said WOODLAND being a part of the land which I purchased of said ELDRED and being bounded WEST by said continued line and comprising all that part of the said land so purchased of the said ELDRED which remains or lies at the EASTWARD FROM SAID LINES all the land hereby given and devised to the said JOHN W being so given subject to the PAYMENT BY HIM his HEIRS EXECUTORS or ADMINISTRATORS to the said HENRY of the SUM OF TWENTY DOLLARS in EACH and EVERY YEAR From and After my Decease DURING the said HENRY’S NATURAL LIFE and also SUBJECT TO the PAYMENT BY the said JOHN W his HEIRS EXECUTORS or ADMINISTRATORS to EACH of my GRAND DAUGHTERS CLEMINTINE BABCOCK and EMELINE BABCOCK or THEIR HEIRS the sum of ONE HUNDRED AND FIFTY DOLLARS WITHIN TWO YEARS next After my Decease FOURTH – I give, devise and bequeath to my DAUGHTERS ANGELINE and LOUISA Their HEIRS and ASSIGNS TWO EQUAL UNDIVIDED THIRD PARTS of ALL the REST and RESIDUE of my LANDS situated and being in the said Town of GRAFTON WEST of and Adjoining the LAND herein devised and GIVEN TO my said Son JOHN W and called my LEASED LANDS, comprising TWO EQUAL THIRDS of all my LEASED LANDS in GRAFTON EXCEPTING The said WOODLAND devised as aforesaid to my said Son JOHN W The said TWO THIRDS hereby GIVEN TO my said DAUGHTERS being hereby severally given to them SUBJECT TO the PAYMENT BY EACH of Them respectively OR BY THEIR EXECUTORS or ADMINISTRATORS to my said Son HENRY the sum of TWENTY DOLLARS DURING HIS NATURAL LIFE for EACH and EVERY YEAR From and After my Decease. FIFTH – I give, devise and bequeath to my EXECUTORS herein after named and THEIR HEIRS ONE EQUAL UNDIVIDED THIRD PART of all my said LEASED LANDS in GRAFTON IN TRUST and for the purpose that my said EXECUTORS and THEIR HEIRS shall PERMIT and CAUSE my DAUGHTER CATHERINE WIFE of CALEB SLADE to have and enjoy From and After my decease and DURING HER NATURAL LIFE in EACH and EVERY YEAR of the same by or from the Cultivation or Use of the said THIRD of said LAND so devised to my said EXECUTORS and to PERMIT HER to DIRECT and CONTROL the USE and OCCUPYING of said devised PREMISES DURING such HER NATURAL LIFE at all times for her Support and Benefit at all times AS IF SHE WERE SOLE and NOTWITHSTANDING HER MARRIAGE and also in __________ And for the purpose that From and After HER NATURAL LIFE the said EXECUTORS or THEIR HEIRS shall and will duly CONVEY ALL THEIR TITLE to said PREMISES hereby devised to said EXECUTORS UNTO all the CHILDREN of my said Daughter CATHERINE which she may have living at the time of her decease AND to such of HER GRANDCHILDREN as may then be Entitled To Inherit from said Daughter CATHERINE provided and it is Hereby EXPRESSLY UNDERSTOOD that IF MY said DAUGHTER shall BECOME A WIDOW that THEN the said EXECUTORS or THEIR HEIRS shall CONVEY TO HER, her HEIRS and ASSIGNS all the said TITLE to the said DIVIDED THIRD of said PREMISES It being hereby understood that SUCH UNDIVIDED THIRD and EACH Of the said OTHER UNDIVIDED THIRDS hereby devised MAY when deemed expedient BE DIVIDED and the parts when held in severally be managed, held and disposed in like manner and for the same trusts and purposes and that in case of such division it is my will that the THIRD PART hereby Divised for the said CATHERINE’S support and benefit be controlled, used and conveyed when and in the same manner limiting such control, use and conveyance to the part so to be set apart and in severally by my said EXECUTORS SIXTH – I give and bequeath to my said Sons BENJAMIN and JOHN W and to my Daughters ANGELINE and LOUISA and to my said EXECUTORS all my farming utensils to be divided and distributed amongst the said owners as equally as may be conveniently done by my said EXECUTORS the SHARE GIVEN to THEM to be HELD by them IN TRUST for the Benefit of my said Daughter CATHERINE to be Used On the Land hereby devised for Her Benefit SEVENTH – It is my will that my Debts and Funeral Expenses defrayed by my EXECUTORS by means of the Debts Due To Me as far as the same may suffice and that the RESIDUE of my PERSONAL ESTATE not otherwise herein given or disposed of shall After the Payment of all My just Debts which I may owe at the time of my decease and After the Payment of my Funeral Charges and After The Purchase and ______________ at my Grave of a Suitable Monument at a Moderate Expense be EQUALLY DIVIDED amongst my said Children BENJAMIN, JOHN W, ANGELINE and LOUISA and my said EXECUTORS, the SHARE Coming To The EXECUTORS to be HELD By Them IN TRUST For the Benefit of the said CATHERINE and dealt out to her from time to time as she may require or direct and it is hereby provided and understood that all legacies and gifts herein contained when had or accepted shall be considered to embrace a full satisfaction of all demands against me or my estate which the person or persons so accepting shall have. EIGHTHLY AND LASTLY – I appoint My said Son BENJAMIN BABCOCK and My Friend THOMAS REX EXECUTORS of this My Last Will and Testament hereby revoking all former Wills and Testaments by me at any time or times heretofore made. In Witness whereof I have hereto set my hand and seal the TWENTY FIRST day of DECEMBER in the Year of our Lord ONE THOUSAND EIGHT HUNDRED and THIRTY NINE JOHN BABCOCK (His Mark) Signed, sealed and published by the said JOHN BABCOCK to be his Last Will and Testament in presence of us who have hereto subscribed our names as witnesses in the presence of each other and of the testator HENRY MUNSELL, JR. of HOOSICK FALLS, NY GEORGE BABCOCK of GRAFTON, NY RENSSELAER COUNTY SURROGATE I, CORNELIUS L TRACY Surrogate of said County of Rensselaer do hereby certify the foregoing to be a true record of the last will and testament of John Babcock with the proofs thereof both as a will of real and personal estate and that the same was duly recorded as a will of real estate this 19th day of April 1841 C.L. TRACY Surrogate