WILL: Cornelius Groot; Ballston Spa, Saratoga co., NY surname: Groot, Waldron, Low, Buell, Beach, Tobey, Dawson, Smith submitted by Jayne Szaz (perllan987 @ aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: January 2,2004 This file has been created by a form at http://www.poppet.org/nyfiles/ File size: 8.1 Kb ************************************************ Source: Sampubco.com Saratoga co NY Will Book vol. 19 page 217 Written: September 17 1859 Recorded: July 25 1860 Will of Cornelius Groot The last Will and Testament of Cornelius Groot late of the town of Charlton deceased, relating to both real and personal estate together with the proof thereof, recorded on the 25th day of July 1860 At a Surrogate Court held at the Village of Ballston Spa in and for the County of Saratoga on the 25th day of July 1860. Present: Cornelius A. Waldron Surrogate Be it remembered that at a Surrogate Court held on the 9th day of July 1860 Elbert S. Groot an executor named in a certain instrument dated the 17th day of September 1859, purporting to be the last Will and Testament of Cornelius Groot deceased, appeared and presented said Will for probate and at the same time made satisfactory proof by petition duly verified that said Cornelius Groot died on the first day of December 1859 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: Mary Groot his widow Phebe M. Groot Sarah Ann Groot Deborah Ann Buell the wife of Alfred P. Buell Isaac C. Groot Abram V. Groot and said petitioner and who are all and the only heirs at law and next of kin of said deceased. That said Phebe M. Groot and Sarah Ann Groot are minors having no general guardian within this State and William T. Odell Esq. Consenting thereto in writing was appointed special guardian of said minors to take care of their rights and interests in the matter of proving said Last Will and Testament. And thereupon a citation was issued to said widow, heirs and 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 25th day of July 1860 at 9 o'clock A.M. to attend the proof and probate of said Will. And now at this day the 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 admitted to probate, and no one opposing and said Will being produced and shown to the attesting witnesses thereto the proof thereof was taken in the words and figures following, to wit: County of Saratoga } Surrogate Court }In the matter of proving the last Will and Testament of Cornelius Groot deceased Saratoga County SS: Julius C. Groot and David Low of the town of Glenville in the county of Schenectady being first duly sworn in open court on their oaths do depose and say, that they are subscribing witnesses to the last Will and Testament of Cornelius Groot late of the town of Charlton in the county of Saratoga aforesaid, deceased. And these deponents further say that the said deceased did, in the presence of these deponents 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 17th day of September in the year one thousand eight hundred and fifty nine; 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 did therefore 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 these deponents, David Low—Julius C. Groot. Subscribed and sworn this 25th day of July 1860 before me C. A.Waldron, Surrogate And it appearing from the proof so taken that said instrument was 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 Will and no objections 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 Cornelius Groot deceased. And it is further ordered that said Will be recorded with the proof thereof which said proof is hereinbefore recorded and said Will is in the words and figures following to wit. In the name of God Amen. I Cornelius Groot of the town of Charlton in the County of Saratoga and State of New York of the age of fifty years and being of sound mind and memory do make publish and declare this my last Will and Testament in manner following, that is to say: First I give and bequeath to my wife Mary all my household furniture to be pofsessed by her and disposed of as she shall see fit also the use of the farm on which I now reside to be possessed by her during the term of her natural life if she shall remain my widow to be accepted and received by her in lieu of dower and is described as follows: Bounded on the north by lands of Lewis Smith; on the west by lands of John Beach & Patrick Tobey, on the south by lands of John Dawson and on the east by lands of P.C. & A.Z. Groot containing about eighty seven acres, also about ten acres of land being the southeast corner of the farm sold by me to Patrick Tobey and at the disease of my wife aforesaid or in case she shall marry then Secondly. I give and devise to my son Elbert S. his heirs and afsigns the above described farm containing about ninety seven acres of lands together with all the hereditaments and appurtenances thereunto belonging or in any wise appertaining to have and to hold the premises above described to the said Elbert S. his heirs and assigns forever. Also I give and bequeath to my said son Elbert S. all my personal property to be received and pofsefsed by him at the time of my disease on his paying the following legacies: “I give and bequeath to my daughter Deborah Ann wife of A. P. Buell the sum of five hundred dollars to be paid within one year to my daughters Phebe M. & Sarah Ann the like sums of five hundred dollars each to be paid at the disease of my wife. Also the said Elbert L. is to pay all my debts and put up suitable tomb stones for myself and wife. And lastly I do hereby nominate and appoint my son Elbert S. and my wife Mary to be the executor of this my last Will and Testament. In witness whereof I have hereunto set my hand and seal this seventeenth day of Sept in the year of our Lord one thousand eight hundred and fifty nine. Cornelius Groot L.S. The above instrument consisting of one sheet was at the date thereof signed, sealed published and declared by the said Cornelius Groot as and for his last will and testament in presence of each other have subscribed our names as witnesses thereto. David Low Glenville Schenectady Co. N.Y. Julius C. Groot Glenville Schenectady Co. N.Y. I Cornelius Waldron Surrogate of the county of Saratoga do hereby certify the foregoing to be a true record of the last Will and Testament of Cornelius Groot deceased, and of the proof thereof taken before me--- July 25th 1860. C. A. Waldron Surrogaate