Rensselaer County NyArchives Wills.....Van Rensselaer, Jeremiah March 2, 1871 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Leigh Jones leighj@mail.ptd.net April 13, 2015, 2:51 pm Source: From Sampubco Written: March 2, 1871 Recorded: April 13, 1871 The last will and Testament of Jeremiah Van Rensselaer late of the town of Greenbush in the County of Rensselaer, deceased, with the proof thereof as a will of real and personal estate. Recorded April 13, 1871. Will delivered to Anne F. Van Rensselaer Exec. Nov. 8, 1872. I Jeremiah Van Rensselaer of the city of New York being of sound mind but some what infirm of body & mindful of the uncertainty of life at my age do make publish and declare this as my last will and testament, hereby revoking and annulling all former wills made by me. 1. I constitute and appoint my beloved son Francis Van Rensselaer and my beloved wife Anne F. Van Rensselaer to be the executor and executrix of this my last will, hereby giving to them and to the survivor of them full power to let, lease, mortgage, sell & convey any of my real estate. Also to receive mortgages and collect and receive all rents, purchase moneys or other moneys due or to grow due to my said estate from and source whatsoever and the same to invested from time to time until they shall be needed for the payment of my debts or shall become payable to my legatees as is hereinafter mentioned. 2. I desire my said executor and executrix for the payment of my debts and for raising the fund of ten thousand dollars herein mentioned to resort in the first instance to what may be realized by them from the right, title and interest which I have under the will of my late sister Catherine G. Visscher and as one of the heirs and next of kin of my late brother Glen Van Rensselaer and to the sum of twenty six hundred dollars next below mentioned and my wish is that they should sell and dispose of my shares and interests in said two estates as soon as practicable. I direct my said executor and executrix to apply what may be realized by them from such portion of the estate of my said sister Mrs. Visscher as was heretofore devised by her to my late son Jeremiah and which portion was by assignment now on Record at Troy, NY duly assigned and conveyed to me by him in manner following, that is to say, 1st the sum of twenty five hundred dollars towards the purposes above mentioned and to pay over one third of the balance to my daughter in law Julia W. Van Rensselaer and one third thereof to each of my grandsons A. Cortlandt Van Rensselaer and Peyton Van Rensselaer. 3. I do authorize and empower my said executor and executrix to concur in making partition of all and any lands and tenements belonging to the two estates of my sister and brother and to take proceedings in law or equity if so advised for that purpose. 4. I give and devise to my son Francis Van Rensselaer his heirs and assigns, my farm of fifty seven and one half acres known as my share of the Mason farm now occupied by Thomas Robbins, situated East of East Albany in Rensselaer County. Also so much of my forty one acre lot at East Albany aforesaid as was not laid out into building lots as appears on a map of property at East Albany belonging to me, made by George W. Carpenter 1850. These two Items I leave to my son Francis as something like an equivalent for larger amounts given or paid for his brother Jeremiah, deceased. I also give and bequeath to my said son, my gold watch, trinkets, Jewelry and objects, also the portrait of my father. 5. I give and devise to my God son George Waddington his heirs and assigns a lot of land twenty eight feet in front and rear and one hundred and twenty feet deep situate on Broadway in East Albany adjoining and south of a similar lot sold to one Whiffle or his daughter. 6. I give and bequeath to my wife Anne F. Van Rensselaer my house hold furniture, books, prints, paintings, silverware and wine to be disposed of by her at her death or before among my descendants as she may please excepting that I desire that at her decease a certain silver tea set called the Boston silver shall belong to my grandson A. Cortlandt Van Rensselaer and that certain pieces of silver marked with the bust of my great grandfather Bayard and a certain silver tea pot marked C.G.(my mother’s initials before marriage) shall then belong to my son Francis, his heirs and assigns. 6. I will and direct that my executor and Executrix after due provision has been made for the payment of my debts shall create out of the proceeds of sale of real estate or otherwise a fund of ten thousand dollars to be invested on bond and mortgage or in government securities. The interest of this fund shall be payable to my wife half yearly and at her death she may dispose of the principal of said fund by her will in such manner as she may deem proper. This provision being intended to replace in part her separate estate expended by us. Her right to dispose of said fund by will is not to be dependent upon the creation of the fund. [Note: Second number 6. is how it appears in the will.] 7. I will and direct that of the net income of my estate after the payment of my debts and creation of said fund, fifty percent shall be paid to my wife in quarter yearly payments in lieu of dower. Twenty five percent to my son Francis his heirs and assigns; that the remaining twenty five present shall be divided as follows, one third thereof to my grandson Cortlandt his heirs and assigns. One third thereof to my grandson Peyton his heirs and assigns – his mother to receive for him during his minority and one third thereof to my daughter in law Julia W. Van Rensselaer during her widowhood with remainder to her two sons, Cortlandt and Peyton. 8. Until such time as the above mentioned fund of ten thousand dollars shall be created, I direct my executor & executrix to pay out of any funds of my estate to my wife the sum of three thousand dollars a year; to my son Francis his heirs and assigns the sum of one thousand dollars a year and to my daughter in law Julia and her two said sons the sum of one thousand dollars a year, to be divided equally among them; such sums to be all paid in quarter yearly payments. 9. From and after the death of my wife, I give devise and bequeath one equal half part of the residue of my estate to my son Francis his heirs and assigns, one equal sixth part thereof to my grandson Cortlandt his heirs and assigns. One other one sixth part thereof to my grandson Peyton his heirs and assigns the income whereof is to be payable to his mother during his minority and the remaining one sixth part to my executor upon trust to pay the yearly income or interest thereof to my said daughter in law Julia during her widowhood and upon her death or remarriage said trust fund to be equally divided between her said sons. 10. Should my wife not live until the creation of the fund of ten thousand dollars, I direct that the sum be paid to my son Francis and to my daughter in law Julia Van Rensselaer and her two sons the said A. Cortlandt Van Rensselaer and Peyton Van Rensselaer on account of income each increased fifty per cent to continue until my debts be paid and said fund created when the division of my estate will take place as above set forth. In witness whereof, I have hereunto set my hand and seal the second day of March in the year one thousand eight hundred and seventy one. Jere. Van Rensselaer SS Signed Sealed published and declared by the said testator as his last will and testament in our presence who in his presence and at his request and in the presence of each other have subscribed our names as witnesses. W. D. Waddington 60 E. Ninth St. NY, F. W. Blauvelt 457 West 24th Street Surrogate Court In the matter of proving the Will and testament Jeremiah Van Rensselaer, deceased. County of Rensselaer: William D. Waddington and Frank W. Blauvelt of the city & county of New York being duly sworn in open court doth depose and say and each for himself says that he is a subscribing witness to the last will and testament of Jeremiah Van Rensselaer late of the town of Greenbush in the county of Rensselaer deceased and that the said Jeremiah Van Rensselaer did in the presence of these deponents subscribe his name at the end of the instrument which is now shown and exhibited to these deponents and which purports to be the last will and testament of the said Jeremiah Van Rensselaer and which bears date on the second day of March 1871. And that the said Jeremiah Van Rensselaer did at the time of subscribing aforesaid declare the said instrument to be his last will and testament and these deponents did thereupon subscribe their names at the end of said instrument as attesting witnesses thereto at the request of the said testator in his presence and in the presence of each other. And at the time when the said testator signed his name as aforesaid he was of sound mind and memory of full age to execute a will and was not under any restraint but competent in all respect to devise real estate. W. D. Waddington, F. W. Blauvelt Subscribed & sworn this 13th Day of April 1871 before me, Moses Warren, Surrogate. County of Rensselaer SS I Moses Warren Surrogate of said county do hereby certify the forgoing to be a true record of the last will and testament of Jeremiah Van Rensselaer late of the town of Greenbush in the said county deceased together with proof thereof a will of real and personal estate. Recorded April 15th 1871. Moses Warren, Surrogate. Additional Comments: Jeremiah Van Rensselaer, Physician, son of John J. Van Rensselaer and Catharine Glen, and grandson of Jeremiah Van Rensselaer and Judith Bayard. Born Aug 4,1793, bpt. Aug. 24, 1793 in the Albany Reformed Dutch Church, NY. He married first Charlotte Willis Foster and second Anne Ferrand Waddington. Jeremiah died in NYC on March 07, 1871. File at: http://files.usgwarchives.net/ny/rensselaer/wills/vanrenss878gwl.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 10.2 Kb