WILL: Isaac Devoe; Halfmoon, Saratoga co., NY
surname: Devoe, Sheffer, Van Der Werken, Van Olinda, Houghton, Stivers, Van
Woert,

submitted by Teresa Matuszyk (tmatuszy@nycap.rr.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
***********************************************************************

Isaac Devoe
Town of Halfmoon, Saratoga County
Will book vol. 11 page 371

Transcribed from SAMPUBCO copy

The last will and testament of Isaac Devoe deceased relating to both real and
personal estate together with the proof thereof. Recorded May 21, 1840.

At a Surrogate's Court held at the village of Ballston Spa in and for the
county of Saratoga on the 21st day of May 1840. Present John W. Thompson,
Surrogate

Be it remembered that heretofore to wit at a Surrogates Court held at the
place for the county and before the Surrogate aforesaid on the 8th day of
April 1840, Peter D. Devoe an executor named in a certain instrument
purporting to be the last will and testament of Isaac Devoe deceased relating
to both real and personal estate appeared and offered said instrument for
probate and made satisfactory proof by affidavit which is now on file in said
Surrogate's office, that the said Isaac Devoe died on or about the 30th day of
March 1840, that at the time of his death and for several years previous
thereto he was an inhabitant of the town of Halfmoon in the county of
Saratoga, aforesaid, that he left a widow to wit Gitty Devoe who resides in
said town, he left one son to wit Peter D. Devoe who resides in said town, and
four daughters to wit Maria wife of Alexander Sheffer, said Maria resides at
Glens Falls, Warren County, and said Alexander resides at Halfmoon aforesaid,
Eleanor wife of Daniel Van Olinda who resides in Fulton County. Clarissa wife
of Jacob Van Der Werken who resides in the town of Watervliet Albany County,
and Hannah Eliza wife of Charles S. Houghton who resides in Lansingburgh,
Rensselaer County, and four grandchildren to wit Isaac Devoe, Mary Jane wife
of Morgent Stivers, Gitty Devoe and Edward Devoe all of whom reside in said
town of Halfmoon his only heirs and next of kin, that all of said persons are
of full age except said three last mentioned grandchildren who are minors and
have no general guardian. And therefore George G. Scott of Milton Saratoga
County having consented in writing to serve as special guardian to said minors
to take leave of their interest in the premises. 

On filing said consent it was ordered by said court that the said George G.
Scott be and he was then and there in and form of law appointed by the said
court special guardian to the said minors to take care of their interest in
the premises And thereupon a citation was duly issued by said Surrogate
pursuant to the provisions of the act concerning the proof of wills to paper
May 16, 1837 directed to [ .unreadable .] the said widow and to each of the
said heirs and next of kin and to the said special guardian citing them and
each of to appear before said Surrogate at his office in the Village of
Ballston Spa on the 27th day of April 1840 at 11 o'clock in the forenoon to
attend the proof of probate of said instrument.

And afterwards to wit at a Surrogates court held at the place for the county
and before the Surrogate aforesaid on the 27th day of April 1840 the said
executor again appeared and made application to have said instrument proved
and admitted to probate and returned the citation abovementioned and made
satisfactory proof by affidavit of the due and legal services of the same in
the manner prescribed by the act concerning the proof of wills to pass on May
16, 1837. And Charles S. Houghton, Daniel Van Olinda and Jacob Van Der Werken
whose wives are heirs and next of kin of said deceased and Marie Sheffer who
is also an heir and next of kin of said deceased appeared, the said Maria in
her own behalf and the said Charles, Daniel and Jacob in behalf of their
respective wives by William Hay their attorney to oppose said application. And
therefore it appearing satisfactory to said court that due notice of said
application had been given in the manner prescribed by law and no objection
being made thereto, it is hereby ordered that the said executor have leave to
proceed to the proof of said instrument pursuant to his said application. And
therefore the said will having been produced and shown to the several
attesting witnesses thereto the following proofs were taken in relation
thereto to wit:

County of Saratoga Surrogate Court
In the matter of proving the last will and testament of Isaac Devoe deceased. 
Joseph Swartout of the town of Halfmoon in the county of Saratoga being first
duly sworn in open court on his oath doth depose and say that he is a
subscribing witness to the last will and testament of Isaac Devoe late of the
town of Halfmoon in the county of Saratoga aforesaid deceased. And this
deponent further saith that the said deceased in the presence of this deponent
subscribe his name at the end of the instrument which is now shown to this
deponent and which purports to be the last will and testament of the said
deceased and which is without date. 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 this deponent did therefrom subscribe his
own name at the end of said instrument; as an attesting witness to the
execution thereof at the request of the said deceased and his presence. 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. That Seth W. Higgins and Peter D. Devoe the other
subscribing witnesses to said instrument subscribed their names at the end of
the same at the request of the said deceased and his presence at the same time
this deponent subscribed his name as aforesaid. And that this deponent and
the said Seth W. Higgins and Peter D. Devoe respectively subscribed their
names as witnesses to said instrument in the presence of each other. I think
the will was executed in March 1836. Joseph Swartout-Subscribed and sworn this
27th day of April 1840 before me John W. Thompson Surrogate, County of
Saratoga Surrogates Court.

In the matter of proving the last will and testament of Isaac Devoe deceased,
Saratoga County. Seth W. Higgins of the Town of Clifton Park in the county of
Saratoga being first duly sworn in open court on has oath doth depose and say
that he was subscribing as to the last will and testament of Isaac Devoe late
of the town of Halfmoon in the county of Saratoga aforesaid deceased. And this
deponent further saith that the said deceased did in the presence of this
deponent subscribe his name at the end of the instrument which is now shown to
this deponent and which purports to be the last will and testament of the said
deceased and which bears no date 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 this deponent did thereupon subscribe his
own name at the end of said instrument as an attesting witness to the
execution thereof at the request of the said deceased and in his presence.
That the said deceased at the time of subscribing his name to the 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. That Joseph Swartout and Peter D. Devoe
the other subscribing witnesses to said instrument subscribed their names at
the same at the request of the said deceased and in his presence at the same
time this deponent subscribed his name as aforesaid, and that this deponent
and the said Joseph Swartout and Peter D. Devoe respectively subscribed their
names as witnesses to said instrument in the presence of each other. Said
instrument was left in my possession for safekeeping and has remained in my
possession ever since till I delivered it to the Surrogate of said county for
probate. The instrument was executed in March 1836. Seth W. Higgins,
Subscribed and sworn this 27th day of April 1840 before me John W. Thompson
Surrogate.

County of Saratoga Surrogate Court
In the matter of proving the last will and testament of Isaac Devoe deceased,
Saratoga County, Seth W. Higgins being cross examined as the first of the
heirs further says testator was upwards of seventy years of age. I was
acquainted with him in March 1836. He was not then in good health, he was
afflicted with the gravel. He was able to go out, he rode to my house. This
will was executed at my office. Peter came with him. I believe Peter was not
present when the will was drawn, he might have been out and in, we were
something like an hour consulting about the business. Testator had a farm.
When the will was executed he was in good condition as to mind and memory as
he was in 1832. He came to my place after the will was executed and did
business several times. I do not know that Peter exercised any influence over
him. I wrote the will. The will was executed in March 1836. He lived about 4
miles from my house. Seth W. Higgins. Subscribed and sworn before me April 27
1840, John W. Thompson, Surrogate.

And therefore all the parties consenting it was ordered by said court that the
hearing of said matter be adjourned until the 21st day of May 1840 at 10
o'clock in the forenoon at the said Surrogate in the village of Ballston Spa
in said county of Saratoga.

And afterwards to wit at a Surrogates court held at the place for the county
the Surrogate aforesaid on the 21s day of May 1840 the said executor again
appeared and renewed(?) his application and the said Maria in her own behalf
and the said Charles S. Houghton, Daniel Van Olinda and Jacob Van Der Werken
also again appeared in behalf of their said wives to oppose said application. 
And therefrom no further proof being offered by either party and due
(unreadable) being thereupon had and it appearing (unreadable) the proof so
taken satisfactory to the said Surrogate (unreadable) the said deceased was in
all respect competent (unreadable) and not under restraint, and the said
Surrogate having inquired particularly into the facts and circumstances and
being satisfied of the genuineness and validity, it is hereby declared and
determined that the said instrument is the last will and testament of the said
deceased relating to both real and personal estate by him published and
executed in due form of law and that the same was duly attested by the
witnesses whose names are thereto subscribed in the manner prescribed by said
court, that the same be admitted to probate as to both real and personal
estate pursuant to the provisions of the act concerning the proof of wills and
passed(?) May 16, 1837. And it is further ordered that the said will together
with the proofs and examinations be recorded pursuant to the provisions of the
said act of the Revised Statutes which said proofs are hereinbefore recorded.
And the said will is in the words and figures following to wit.

The Last Will and Testament of Isaac Devoe of the town of Halfmoon in the
county of Saratoga and State of New York.

I Isaac Devoe of the town county and state abovenamed considering the
uncertainty of this mortal life and being of sound mind and memory blessed be
the 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 bequeath unto my beloved wife Gitty Devoe all the household
furniture consisting of beds, bedding, chairs, tables, bed linens and table
linens etc that shall belong to me after my decease. Also all the (unreadable)
cattle on the premises. Also one brown mare, one set of single harness and one
single wagon now on the premises. I further give to my said wife Gitty the sum
of eight hundred dollars to be paid to her by my son Peter as shall
hereinafter by my direction, which sum of eight hundred dollars shall only
paid to the said Gitty in lieu of her right of dower.

Secondly, I give and bequeath to Isaac Devoe Van Woert son of Eldert Van Woert
the sum of one hundred dollars to be paid to the said Isaac D. Van Woert with
one year after my death without interest by my son Peter which sum of one
hundred dollars shall be first to interest and payable to the said Isaac D.
Van Woert at the age of eighteen years together with the interest thereof. 

Thirdly I further give and bequeath to my son Peter Devoe the rest and
remainder of my estate both real and personal of every name or nature subject
nevertheless to the payment of all my honest debt and demand, and the payments
of the aforenamed legacies as above named on condition as afore stated which
real and personal estate shall consist of lands bonds mortgages notes monies
etc etc.

 And I do hereby constitute and appoint Gitty Devoe my beloved wife executrix
and Peter Devoe my son and Seth W. Higgins executor of this my last will and
testament hereby revoking all other and former wills by me made. Isaac Devoe.

The above instrument consisting of one sheet of paper was now here subscribed
by Isaac Devoe the testator in the presence of each of us and was at the same
time declared by him to be his last will and testament and we at his request
sign our names hereto as witnesses.

Seth W. Higgins of Clifton Park, Saratoga County
Joseph Swartout of Clifton Park, Saratoga County
Peter D. Devoe of Halfmoon.

I John W. Thompson Surrogate of the county of Saratoga do hereby certify that
the foregoing is a true record of the last will and testament of Isaac Devoe
deceased and of the proofs and examinations in relation to the execution of
the same taken before me on the 27th day of April 1840 
John W. Thompson