Saratoga County ,Stillwater NyArchives Wills.....Strang, David January 13, 1845 ************************************************ 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: Charlotte Kensil CharKensil@aol.com October 1, 2011, 7:36 am Source: Saratoga County, New York, Will Book Volume 19, Page 389 (sampubco Copy) Written: January 13, 1845 Recorded: February 14, 1862 The last Will and Testament of David Strang late of the town of Stillwater deceased, relating to both real and personal estate together with the proofs thereof recorded on the 14th day of February 1862. At a Surrogates Court held at the Village of Waterford in and for the County of Saratoga on the 14th day of February 1862 Present: Cornelius A. Waldron Surrogate Be it remembered that at a Surrogate's Court held on the 8th day of January 1862, Ira Strang one of the persons named as executor in a certain instrument dated the 13th day of January 1845 purporting to be the last Will and Testament of David Strang deceased, appeared and presented said will, and also a codicil annexed thereto dated the 27th day of July 180, for probate, as the last Will and Testament of said deceased, and at the same time made satisfactory proof by petition duly verified that said David Strang died on the 8th day of December 1861 being at the time of his death an inhabitant of the County of Saratoga, and that he left him surviving the following named persons, to wit: Nancy Strang his widow, William R. Strang, Mary Ann Myers wife of George Myers Mahitable Strang and George Strang and said petitioner, who are all and the only heirs at law and next of kin of said deceased. That said George Strang is a minor having no general guardian within this state and John A. Waldron, Esq. consenting thereto in writing was appointed special guardian of said minor to take care of his rights and interests in the matter of proving said last Will and Testament. And thereupon a citation was issued to said widow, heirs & next of kin and to said special guardian, citing them and each of them to appear before the Surrogate at his office in the Village of Ballston Spa in said county of Saratoga on the 21st day of January 1862 at 10 o'clock A. M. to attend the proof and probate of said will. On said last mentioned day said executor again appeared and returned said citation with proof of the due and legal Service of the same on all to whom directed and made application to have said will and codicil admitted to probate, and no one opposing, and said will being produced and shown to Tylee Dunham and Abraham T. Ward two of the attesting witnesses thereto the following proofs were taken, to wit: "County of Saratoga Surrogate's Court} In the matter of proving the last Will and Testament of David Strang, deceased. Saratoga County, SS: - Tylee Dunham and Abraham T. Ward of the town of Stillwater in the County of Saratoga being first duly sworn in open court, on their oaths do depose and say, that they, and Henry Ferris late of said town of Stillwater, deceased, are subscribing witnesses to the last Will and Testament of David Strang late of the town of Stillwater in the County of Saratoga aforesaid, deceased, And these deponents further say, that the said deceased did, in the presence of these deponents and of the said Henry Ferris subscribe his name at the end of the instrument which is now shown to these deponents and which purports to be the last Will and Testament of the said deceased, and which bears date on the 13th day of January in the year one thousand eight hundred and forty five; that the said deceased did at the time of subscribing his name to said instrument as aforesaid declare the same to be his last Will and Testament; that these deponents and the said Henry Ferris did thereupon subscribe their own names at the end of said instrument as attesting witnesses to the execution thereof, at the request of the said deceased, and in his presence and in the presence of each other. That the said deceased at the time of subscribing his name to said instrument as aforesaid was upwards of twentyone years of age; that he appeared to be of sound mind and memory and was not under restraint to the knowledge or belief of these deponents. Tylee Dunham Abram T. Ward. Subscribed and sworn this 21st day of January 1862 before me, C. A. Waldron Surrogate" County of Saratoga Surrogate's Court} In the matter of proving the last Will and Testament of David Strang, deceased. Saratoga County SS: "Tylee Dunham of the town of Stillwater in the County of Saratoga being first duly sworn in open court on his oath does depose and say, that he and Martin V. Coon of the town of Stillwater aforesaid are subscribing witnesses to a codicil to the last Will and Testament of David Strang late of the town of Stillwater in the county of Saratoga, aforesaid deceased. And this deponent further says that the said deceased did in the presence of this deponent and the said Coon subscribe his name at the end of the instrument which is now shown to this deponent and which purports to be a codicil to the last Will and Testament of the said deceased, and which bears date on the 27th day of July in the year one thousand eight hundred and sixty, that the said deceased did at the time of subscribing his name to said instrument as aforesaid declare the same to be a codicil to his last Will and Testament; that this deponent and the said Martin V. Coon did thereupon subscribe their own names at the end of said instrument as attesting witnesses to the execution thereof, at the request of the said deceased, and in his presence and in the presence of each other. That the said deceased, at the time of subscribing his name to said instrument as aforesaid was upwards of twenty one years of age that he appeared to be of sound mind and memory and was not under restraint to the knowledge or belief of this deponent. Tylee Dunham Subscribed and sworn this 21st day of January 1862 before me, C. A. Waldron Surrogate". And Martin V. Coon the other attesting witness to said codicil not being present the further proof thereof was adjourned until the 14th day of February 1862 at 10 o'clock A.M. at the office of the Surrogate in the village of Waterford. And now at this day the Executor again appeared, and also said Martin V. Coon, and said codicil being produced and shown to him the said Coon the further proof thereof was taken as follows: - County of Saratoga Surrogate's Court} In the matter of proving the last Will and Testament of David Strang, deceased. Saratoga County, SS: Martin V. Coon of the town of Stillwater in the County of Saratoga being first duly sworn in open court on his oath does depose and say that he and Tylee Dunham of Stillwater aforesaid are subscribing witnesses to an instrument purporting to be a codicil to the last Will and Testament of David Strang late of the town of Stillwater in the County of Saratoga aforesaid deceased. And this deponent further says that he does not remember whether or no the said deceased did subscribe or acknowledge that he subscribed his name at the end of said instrument which is now shown to this deponent and purports to be a codicil to the last Will and Testament of the said deceased, and which bears date on the 27th day of July A. D. 1860. That the said deceased, on the occasion of this deponent and of the said Dunham subscribing their names as witnesses to said instrument, did declare to and in the presence of this deponent and said Dunham, the same to be a codicil to his last Will and Testament. That this deponent and the said Dunham did thereupon subscribe their own names at the end of said instrument as attesting witnesses to the execution thereof, at the request of the said deceased, and in his presence and in the presence of each other. That the said deceased at the time aforesaid was upwards of twenty one years of age; that he appeared to be of sound mind and memory and was not under restraint to the knowledge or belief of this deponent. And deponent further says that he does not remember whether or no the name of deceased was subscribed to said instrument at the time aforesaid. - Martin V. Coon - Subscribed and sworn this 14th day of February 1862 before me C. A. Waldron Surrogate" And it appearing from the proofs so taken that said instruments were duly executed, and that said testator was at the time of executing the same in all respects competent to devise real estate and not under restraint. And the said Surrogate having inquired into the facts and circumstances and being satisfied of the genuineness and validity of said instruments, and no objection being made thereto, it is Ordered Adjudged and decreed that said instrument be admitted to probate as and for the last Will and Testament of David Strang deceased. And it is further ordered that said will be recorded with the proofs thereof which said proofs are hereinbefore recorded and said will is in the words and figures following to wit: "In the name of God, Amen, I, David Strang of the Town of Stillwater, County of Saratoga and State of New York, considering the uncertainty of this mortal life and being of sound and perfect mind & memory, blessed be Almighty God for the same do make and publish this my last Will and Testament in manner and form following, vis: First, I give and bequeath unto my beloved wife Nancy Strang all my real and personal property, the use and control of the same as long as she remains my widow, and after her death or if she marries my will is it shall be divided in the following manner, vis: - I give and bequeath unto my son William R. Strang the use of one half of the farm on which I now live commonly called the Moore farm including a piece of lease land being west of the Baptist Meeting House during his natural life and after his death to his lawful children. But in the case of no lawful children then my will is that it shall be equally divided among my surviving children in the same manner to be applied as their several legacies hereafter specified. Secondly I give and bequeath unto my son Ira Strang the other half of my farm as above described to him his heirs and assigns forever. Third, I give and bequeath unto my daughter Mary Ann Myers wife of George Myers the use of the farm known as the Carpenter farm during her natural life and after her death to be equally divided among her children, but in case she leaves no children my will is it shall be equally divided among my surviving children. Fourthly - I give and bequeath unto my son Henry Strang the use of the farm in Northumberland on which he now lives during his natural life and after his death my will is it shall be equally divided among his children, and if no children, to be equally divided among my surviving children. And further my will is and I do hereby give unto the colored woman known by the name of Sar Strang a support during her natural life the same to be out of the legacies bequeathed to my sons Wm. R. Strang & Ira Strang. And further my will is after the death of my wife or her marriage, that my executors sell and dispose of all my personal property and after paying my debts and funeral expenses & Executors the remainder to be equally divided among all my children. And lastly I do hereby appoint Ira Strang, Ezra Munger & William Read Jun. executors of this my last Will and Testament revoking all former wills by me made. In witness where of I have hereunto set my hand and seal the thirteenth day of January one thousand eight hundred & forty five. Signed sealed published and declared by the above named David Strang to be his last Will and Testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator & of each other. David Strang SS Tylee Dunham, Stillwater, Saratoga Henry Ferris Do Abraham T Ward Do" "In the name of God, Amen, I, David Strang of the Town of Stillwater County of Saratoga & State of New York being of sound mind & memory do make this to be a codicil to be attached to my last Will and Testament dated Jany 13th 1845, this codicil made this 27th day of July 1860, and my will is it shall revoke only such parts of my will to which this is attached as hereinafter stated as follows, vis: -The Carpenter farm as mentioned in my will the use of which I gave to my daughter Mary Ann Myres wife of George Myres I give and bequeath the said farm unto my daughter Mary Ann Myres wife of George Myres & to her heirs forever, revoking that part of my will to which this is attached, that shall not be in accordance with this my codicil, And further my will is my daughter Mary Ann Myres shall occupy a part of the house given to my son Wm. R. Strang during his natural life. 2d. As to the division of the house given in my will to Wm. R. Strang & Ira Strang, my will is my son Ira Strang shall have the Hall and the east part of the House and buildings attached & my son Wm. R. Strang shall have the west part & buildings attached. 3d I give & bequeath unto my son Henry Strang the farm known as the Northumberland farm and an equal proportion of the personal property after the death of my widow for his own use and benefit during his natural life and after his decease my will is to be equally divided between any surviving children, and further my will is that my debts & funeral expenses shall be paid out of my property as soon as can be after my decease. In witness whereof I have hereunto set my hand and seal the 27th day of July 1860, In presence of those Whose names are subscribed, called by me the Testator to witness this as the codicil to my last Will and Testament David Strang SS Tylee Dunham, Stillwater - Martin V. Coon Do" I, Cornelius A. Waldron Surrogate of the county of Saratoga do hereby certify the foregoing to be a true record of the last Will and Testament of David Strang, deceased, relating to both real and personal estate, and of the proofs thereof taken before me January 21st 1862 & February 14th 1862 C. A. Waldron, Surrogate File at: http://files.usgwarchives.net/ny/saratoga/wills/strang858gwl.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 14.4 Kb