WILL: Charles Neilson (Nelson); Stillwater, Saratoga co NY
surname: Neilson, Nelson, Newland, Baker, Dennison, Toms, Chubb, Fert

submitted by Penny (pennph @ pacbell.net)
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Saratoga co NY will book vol 22 page 72


The last Will and Testament of Charles Nelson [Neilson] late of the Town of
Stillwater deceased relating to both real and personal estate together with
the proof thereof  Recorded on their(sic) 21 of June 1869

At a Surrogates Court held at the Village of Waterford in and for the County
of Saratoga on the 21 day of June 1869
Present:  Cornelius A Waldron Surrogate

Be it remembered that at a Surrogate Court held on the 5th day of may 1869
Elizabeth Neilson the person named as Executrix in a certain instrument in
writing dated the 31” day of December 1863, purporting to be the last Will
and Testament of Charles Neilson appeared  and presented said will for
probate and at the same time made satisfactory proof that said Charles
Neilson died on the 2nd day of April being at the time an inhabitant of the
County of Saratoga and that he left him surviving the following persons to
wit:  George W Nelson, Charles C Nelson, Sanford Nelson, Willie B Nelson,
Ellen A Newland, Louise Newland, Anna Aurelia Baker, Maria Dennison, Abigail
S Toms, Henry Neilson, Lydia Chubb, Howard Neilson, Lizzie Fert and Charles
A Fert and who are all and the only heirs at law and next of kin of said
deceased.  And thereupon a Citation was issued to said heirs at law and next
of kin citing them and each of them to apear(sic) before the Surrogate at
his Office in the Village of Waterford in said County of Saratoga on the 21”
of June 1869 at 10 oclock AM to attend the proof and probate of said Will
and now on said return day of said citation the said Elizabeth Neilson again
appeared and returned said citation with proof of the due and legal service
of the same on all to whom directed except George W Neilson, Sanford
Neilson, Ellen A Newland, Louisa Newland, Ann Aurelia Baker, Maria Dennison,
Henry Neilson, Lydia Chubb, Lizzie Fert and Charles N Fert.  And therefore a
further citation was issued to said heirs and next of kin not served as
aforesaid requireing them to appear before the said Surrogate at his Office
in the Village of Waterford aforesaid at the hour aforesaid and attend the
proof and probate of said Will and on the return day of said further
citation said Elizabeth Neilson again appeared and returned the same with
due of the service thereof on all to whom directed and made application to
have said will admitted to probate and it  appearing that said Lizzie Fort
and Charles N Fort are minors having no general guardian and George Devitt
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
Will and Testament And no one opposing and said Will being produced and
shown to the attesting witness thereto the proof thereof was taken as
follows

County of Saratoga
Surrogates Court
     In the matter of proving the last Will and Testament of Charles Neilson
Deceased Saratoga County, SS Elias Hewit 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 on Alfred Elms formerly of Stillwater aforesaid
are subscribing witnesses to the last Will and Testament of Charles Neilson
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 of the said Alfred Elms 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 date on the 31” day of December in the year one thousand Eight hundred
and Sixty three 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 and the said Alfred  Elms 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
upward 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 this deponent further says that said Alfred Elms is now a
resident of the State of Virginia and is a non resident of the State of New
York and is not now therein.  Elias Hewit  Subscribing and Sworn this 21 st
day of June 1869 before me…C  A Waldron Surrogate
And it appearing from the proof so taken the 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 instrument, 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
the said Charles Neilson deceased.  And it is further ordered that said will
be recorded with the proof thereof which said proof is herebefore(?)
recorded and said Will is in the words and figures following to wit:

To all to whom these presents may come or concern Know ye that I Charles
Neilson of the Town of Stillwater county of Saratoga and State of New York
being of sound and disposing mind and memory blessed be Almighty God for the
same; do make publish and declare this to be my last Will and Testament in
manner and form following and I do hereby nominate constitute and appoint my
beloved wife Elizabeth my sole Executor of this my last Will and Testament
and in case it becomes necessary to sell my real estate I hereby authorize
and empower her as Executrix with the advice of at least two guardians and
disinterested men whom she may select to bargain sell and dispose of the
same and to execute all necessary writings therefore.

Second as my children by my first wife have already received the full
benefit of the best portion of my life for accumulating property to wit from
the year 1814, to the year 1840,  in the part purchased of the Farm devised
to them by the Will of their Grandfather (in the whole of which Farm I had at
the last a life estate in the construction of numerous and substantial
Buildings and in making other valuable and extensive improvements on the
same amounting to a large sum of money, and having given up the said Farm
containing altogether one hundred and eighty and odd acres, more than double
in value while in my possession, to George W Neilson and John B Read for a
mere nominal sum of money of about fifteen hundred dollars, that the said
children might on their several arrival at the age of twenty one years have
the full benefit of their prospective rights therein the said G. W. Neilson
and JB Read having bound themselves to either buy them out at that age or
peacibly surrender to them their several rights.(Charles Courtney’s having
previously been purchased by me and also transferred with the Farm to G.W.
Neilson & JR Read) and thus those children having enjoyed the full benefit
of their prospective rights as intended by me in the transfer of the Farm
from at least thirteen years to twenty five or more according to their
several ages in justice to my other children (the children of my present
wife) in the following distribution of my Estate

Third: for and in considering of the faithful discharges of the important
trust devolving on my present wife in bringing up with motherly care the
seven children of the former  two years of discretion and the marriage of
all without discord or a (unreadable) thus proving herself a model
StepMother I hereby give  devise and bequeath to having(?) such time as she
shall remain my widow and in lieu of her dower, all my real and personal
estate ( out of which to pay all my past debts and funeral expenses) for her
own proper and sufficient support and the proper and sufficient support,
education and maintainance of our youngest son Willie during his minority,
he remaining at home and rendering proper assistance in carrying on the
farming and other business connected therewith, when so required by his dear
Mother: also the reasonable support of Ann Aurelia wile she remains
unmarried and at home provided she renders proper assistance in household
affairs.

Fourth:  On the death of my present wife and when she ceases to be my widow,
I hereby direct the same (my estate) go to and be distributed among her said
children in such manner that three fifths be equally divided between the two
boys Howard and Willie and the other two fifths be equally divided between
the girls Ellen, Maria, Louisa, and Ann Aurelia.  The amounts each one may
have received as an outset to be so arranged as to make all the girls equal
which may be done by having first out of the two fifths to the latter each a
sum equal to that which each of the former has received as an outset and
dividing the balance equally among them all

Fifth: In case either of the children named in section fourth shall die
without leaving lawful issue I direct that their share if a boy’s shall be
so divided that the surviving boy shall have three fifths, and the other two
fifths be equally divided among the surviving girls.  And if either of the
girls shall die with out lawful issue that their share be so divided that
each of the surviving boys shall receive one fifth and the balance be
equally divided between the surviving girls;  In witness whereof I have
hereunto set my hand and seal the thirty first day of December in the year
of our Lord one thousand eight hundred and sixty three.

                        Charles Neilson  L.P.

Signed sealed and declared by the Testator to be his last Will and Testament
in the presence of us who at his request and in his presence and in the
presence of each other have subscribed our names as witnesses   Alfred Elms
of Stillwater and Elias Hewitt of Stillwater
Saratoga County ss: I Cornelius A Waldron Surrogate of said Court do hereby
certify the foregoing to be a true record of the last Will and Testament  of
Charles Neilson deceased relating to both real and personal estate and of
the proof thereof taken before me June 21st 1869.

                                C. A Waldron
                                    Surrogate