WILL: Benjamin Slade; Half Moon, Saratoga co., NY surname: Slade, Gates, Peters, Pratt, Salisbury, Seymour, Sheldon, Vandenburgh, Vischer submitted by Mary Ann Salisbury (emailmary at comcast.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: November 28, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.7 Kb ************************************************ Source: Sampubco.com Saratoga co NY Will Book Vol. 24 page 160 Written: February 27, 1875 Recorded: April 15, 1875 BENJAMIN SLADE of Halfmoon, Saratoga, NY - Proof, Probate and Last Will and Testament Pages 160-162 The last will and testament of BENJAMIN SLADE late of the town of Halfmoon in the County of Saratoga deceased relating to both real and personal state and property. Recorded on the 15th day of April 1875 at a surrogates court held at the Village of Waterford in and for the County of Saratoga on the 15th day of April 1875. Present: CORNELIUS A WALDRON, SURROGATE Be it remembered that at a surrogates court held in and for said County of Saratoga on the 15th day of April 1875 BENJAMIN J SLADE the person named as an Executor in a certain instrument in writing dated the 27th day of February 1875 and purporting to be the Last Will and Testament of BENJAMIN SLADE appeared and presented said will for probate and at the same time made satisfactory proof that the said BENJAMIN SLADE died on the 29th day of March 1875 he being at the same time an inhabitant of the said County of Saratoga and that he left HEIRS surviving ANGELINE SLADE, HIS WIDOW, SARAH ANGELINE VANDENBURGH, the said BENJAMIN J SLADE, JANE F. SALISBURY, JOHN D SLADE, FAYETTE SLADE, ANNA SHELDON and CATHERINE A GATES all of whom are of full age that the said ANGELINE SLADE, SARAH ANGELINE VANDENBURGH, JOHN D SLADE, FAYETTE SLADE, and the said Petitioner reside in the County of Saratoga. that the said JANE F. SALISBURY and ANNA SHELDON reside in the County of Rensselaer and the said CATHERINE A GATES resides at Bellows Falls, Vermont __________ are all and the only Heirs at Law and Next of Kin of the said BENJAMIN SLADE deceased and thereupon a citation was ________ __ to the said Heirs at Law and Next of Kin, citing them to appear before the said Surrogate at his office in the Village of Waterford in said County on the 15th day of April 1875 at ten O'Clock in the forenoon of that day, to attend the proof and probate of said will, at which time and place and hour the said BENJAMIN J SLADE again appeared and returned said citation, with proof of the __________ and legal service of the same upon all to whom directed and the said Petitioner produced said will and made application to have the same admitted to probate and now on this the said 15th day of April at the hour and place last mentioned, the said BENJAMIN J SLADE appearing in person, and no one opposing the said will _______ produced and shown to the attesting witnesses thereto and the proof was taken as follows : County of Saratoga - Surrogates Court: In the matter of proving the last will and testament of BENJAMIN SLADE deceased _____________ Saratoga County __________ SAMUEL PETERS of the City of Cohoes, Albany County and WILLIAM T SEYMOUR of the town of Waterford in the County of Saratoga 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 BENJAMIN SLADE late of the town of Halfmoon 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 27th day of February in the year one thousand eight hundred and seventy 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 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 and belief of these deponents W.T. SEYMOUR SAMUEL PETERS subscribed and sworn this 15th day of April 1875 before me C.A. WALDRON, SURROGATE _______ and ________ appearing from the proof so taken that said instrument was duly executed, and that the said testator was at the time of executing the same in all respects ___________________to real estate, and not under restraint and that the said surrogate having inquired into the facts and circumstances, and being satisfied of the __________________________ and validity of said instrument and no objections being made thereto, it is ordered, adjudged and decreed, that said instrument be admitted to probate __________ for the last will and testament of the said BENJAMIN SLADE deceased and it is further ordered that said will be recorded with the proof thereof which said proof is herein before recorded, and said will is in the words and figures following, To Wit: WILL : I, BENJAMIN SLADE of the town of Halfmoon, County of Saratoga and state of New York, do make, publish and declare this my last will and testament as follows To Wit: FIRST I order and direct my executors hereinafter named to pay all my just and legal debts as soon after my decease as can be conveniently done SECOND I give and bequeath unto my beloved WIFE ANGELINE all my household furniture of every name and kind together with the use and occupation of the house in which I now reside with the lot of land adjoining bounded on the east by the highway on the south by Lands of JAMES PRATT on the west by a fence just east of the old orchard near the rail road and on the north by lands of SIMON VISCHER, for or during her natural life or so long as she remains my widow afterwards to be divided among my children as hereinafter provided the provisions herein to MY WIFE to be in lieu of Dower in my estate. THIRD I give devise and bequeath unto MY CHILDREN SARAH A, BENJAMIN J, JANE F., CATHERINE A, JOHN D, ANNA M and FAYETTE all the rest and residue and remainder of my estate real and personal to be divided equally between them share and share alike, to have and to hold to them their heirs and assigns forever except that the shares to MY DAUGHTERS SARAH A, JANE F., CATHERINE A, and ANNA M aforesaid shall remain and be held by my said executors hereinafter named in trust for them during the natural life of each of them the use, income and interest arising therefrom to be paid semi-annually to each of them and upon the decease of either, the share belonging to the one so dying to be paid to her children, and except further that the balance of the Home Farm on which I now reside, the use and occupation of which has not been given to my said wife, shall not be sold or divided up during her natural life or so long as she remains my widow but shall be held by and remain in charge of my said executors and so by them managed for the best interest of my estate and out of the profits and income of the same. I order and direct them to pay unto my said WIFE, so long as she remains my widow, an annuity of two hundred dollars in quarterly payments from my decease. LASTLY, I do hereby nominate, constitute and appoint my SON BENJAMIN J SLADE and my SON-IN-LAW NATHAN P GATES EXECUTORS of this my last will and testament hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal this twenty seventh day of February in the year one thousand eight hundred and seventy five B. SLADE Signed, sealed, published and declared by the testator to be his last will and testament in our presence who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses SAMUEL PETERS, Cohoes Albany County, NY W.T. SEYMOUR, Waterford, NY SARATOGA COUNTY: 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 BENJAMIN SLADE late of Halfmoon in said County deceased relating to real and personal estate by others with the proof thereof. Recorded on the 15th Day of April 1875 C.A. WALDRON, SURROGATE