WILL: Gitty Devoe; Half Moon, Saratoga co., NY
surname: Devoe, Van Woert, Schouten

submitted by: Teresa Matuszyk (tmatuszy@nycap.rr.com)
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Gitty Devoe
Halfmoon, Saratoga County
Will Book Vol. 23 page 521

Transcribed from SAMPUBCO copy

The last Will and Testament of Gitty Devoe late of the town of Halfmoon in the
County of Saratoga, deceased, relating to both real and personal estate
together with the proof thereof recorded on the 20th day of June 1874.

At a Surrogates Court held at the village of Waterford in and for the County
of Saratoga on the 20th day of June 1874. Present: Cornelius A. Waldron
Surrogate.

Be it remembered that at a Surrogates court held on the 20 day of June 1875,
Maria Van Woert one of the legatees in a certain instrument in writing dated
the 19th day of May 1849, purporting to be the last Will and Testament of
Gitty Devoe appeared and presented said instrument for probate and at the same
time made satisfactory proof that said Gitty Devoe died on the third day of
November 1866, being at the time an inhabitant of the County of Saratoga, and
that she left her surviving your petitioner of full age, and Daniel Schouten
who has since died leaving no descendants. And no one opposing the said Will
was produced and shown to the attesting witness thereto and the proof thereof
was taken as follows:

County of Saratoga Surrogates Court

In the Matter of proving the last Will and Testament of Gitty Devoe deceased
Saratoga County ss: Mathias Shears of the town of Halfmoon in the County of
Saratoga being first duly sworn in open court on his oath does depose and say
that he and one Seth W, Higgins late of Clifton Park are subscribing witnesses
to the last Will and Testament of Gitty Devoe late of the town of Halfmoon in
the County of Saratoga aforesaid deceased. And the deponent further says that
the said deceased did in the presence of this deponent and of the said Seth W.
Higgins subscribe her name by making her mark 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 19th day of May
in the year one thousand eight hundred and forty nine, that the said deceased
did at the time of subscribing her name to said instrument as aforesaid
declare the same to be her last Will and Testament, that this deponent and the
said Seth W. Higgins 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 her presence, and in the presence of each other.
That the said deceased, at the time of subscribing her 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 of
belief of this deponent. And this deponent further says that the said Seth W.
Higgins is dead. Mathias Shears-subscribed and sworn this 20th day of June
1874 before me.

C. Waldron, Surrogate

And it appearing from the proof so taken that said instrument was duly
executed and that said testatrix 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 Gitty Devoe 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:

I Gitty Devoe widow of Isaac Devoe deceased late of Halfmoon a resident of
Halfmoon in the County of Saratoga and State of New York being of sound mind
and memory, although feeble in body, do make and publish this my last Will and
Testament in manner and form following. First: That after my decease I direct
my executor hereinafter named to pay and satisfy all legal and just demands
that shall be due and owing from me at the date of my decease which payment
shall be made from my personal property no hereinafter bequeathed. Second: To
my daughter Mariah wife of Eldert I. Van Woert I give and bequeath all my
wearing apparel. Third: To my son Daniel Schouten I give and bequeath the use
of all my real and personal estate not hereinbefore bequeathed after the
payment debts and demands against me during his natural life, subject to the
direction and control of my executor hereinafter named who I hereby appoint
trustee or guardian to hold said property in trust for my said son Daniel
should the same become necessary for the safe keeping and maintenance of my
said son by reason of sickness or otherwise. And whereas my said son Daniel
labors under the infirmity of being deaf and dumb. And whereas from that
infirmity the probability is that he will never marry. And should the said
Daniel die leaving a child or children his legitimate offspring then said real
and personal estate excepting my household furniture, I give and bequeath to
the children of said Daniel as aforesaid, and the household that shall remain
at the date of the said Daniel I give and bequeath to my daughter Mariah her
heirs. And in case of the death of my said son Daniel without having any
children as afore stated then said real estate as well as such of my personal
as shall remain I give and bequeath the use thereof to my said daughter Mariah
during her natural life and to her children at and after her decease. And I
hereby nominate constitute and appoint Seth W. Higgins sole executor of this
my last Will and Testament hereby revoking all and former wills by me made. In
testimony whereof I have hereunto set my hand and seal at Halfmoon this the
nineteenth day of May in the year of our Lord one thousand eight hundred and
forty nine

Gitty Devoe, ss

The within instrument consisting of one sheet of paper was declared by the
testator to be her last Will and Testament and we in her presence and at her
request and in the presence of each other subscribe our names as attesting
witnesses.

Seth W. Higgins, Clifton Park NY
Matthias Shear

Saratoga County ss: I Cornelius A. Waldron Surrogate of said County do hereby
certify the foregoing to be a true record of the last Will and Testament of
Gitty Devoe deceased relating to real and personal estate together with the
proof thereof recorded on the 20th day of June 1874.

C. A. Waldron
Surrogate