WILL: Alexander Hannay; Stillwater, Saratoga co., NY surname: Hannay, Peters. burt/burten/brutin, Wood, Vandenburgh, Van Wie, Ensign, Bartlett 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: 9.4 Kb ************************************************ Source: Sampubco photocopy Saratoga co NY Will Book Vol. 25 page 471 Written: November 7 1878 Recorded: April 22 1879 Will of Alexander Hannay The last Will and Testament of Alexander Hannay late of the town of Stillwater in Saratoga County deceased relating to both real and personal property. Recorded on the 22nd day of April 1879. At a Surrogate’s Court held at the village of Saratoga Springs in and for the County of Saratoga on the 22nd day of April 1879. Present Elias H. Peters Surrogate. Be it remembered that at a Surrogate's Court held at the village of Saratoga Springs in and for the County of Saratoga on the 16th day of April in 1879 Margaret Hannay and Edward I. Wood the persons named as executrix and executor in a certain instrument in writing dated November 7th 1878 and purporting to be the last Will and Testament of Alexander Hannay appeared and presented said Will for probate and at the same time made satisfactory proof that the said Alexander Hannay died on the 7th day of April 1879 being at the same time an inhabitant of the said County of Saratoga and that he left him surviving his widow Margaret Hannay Carrie A. Edmonds Alexander Hannay Jay Brutin Hannay and Lizzie C. Hannay, who are all and the only heirs at law and next of kin of the said deceased. And thereupon a citation was issued to the said heirs at law and next of Kin, citing them to appear before said Surrogate at his office in the village of Saratoga Springs aforesaid on the 22nd day of April 1879 at 10 o’clock A.M. to attend the proof and probate of said Will - At which time and place the said petitioner again appeared and returned said citation with proof of the due 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 said 22nd day of April 1879 at said hour and place the said petitioner and said special guardian having appeared in person and no one opposing the said Will was produced and shown to the attesting witnesses thereto and the proof was taken as follows: Saratoga County SS. I Francis Wood and Edward D. Bartlett of the town Stillwater in the county of Saratoga being first duly sworn in open court do depose and say, that they are subscribing witnesses to the last Will and Testament of Alexander Hannay late of the town of Stillwater 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 7th day of November in the year 1878 that the said deceased did at the time of subscribing his name to each instrument as aforesaid declare the same to be his last Will and Testament that these deponents did therefore subscribe their names at the end of such 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 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 - S. Francis Wood - Edward D. Bartlett Subscribed and sworn this 22nd day of April 1879 before me E. H. Peters Surrogate And it 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 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 Alexander Hannay deceased, And it is further ordered that said Will be recorded with the proof thereof which proof is hereinbefore recorded and said Will is in the words and figures following to wit: Will Know all men by these presents that I Alexander Hannay of the town of Stillwater County of Saratoga and State of New York being Sixty-six years of age and of sound mind and memory do make this my last Will and Testament in the manner following to wit: First That all my just debts that I may owe and my funeral expenses be paid Second I give & bequeath to my wife Margaret two promissory notes owned and held by me one of twelve hundred dollars and accrued interest, said note made by Henry A. Van Wie and George A. Ensign and the other of five hundred dollars and the accrued interest said note made by J. L. Vandenburgh - I also bequeath to her my wife all the household furniture pictures and frames and ornaments that have accumulated to my household affairs for housekeeping purposes since the time she became my wife together with one bed and bedding selected by her sufficient to fully equip the same also the stoves and pipes that are being kept and used for housekeeping purposes also the writing desk and table that is genrally kept in sitting room—I also bequeath to her my said wife the privilege of retaining the use and occupancy and to enjoy the rents and profits of buildings and lot for one year from the first day of April and succeeding my death and the insurance and taxes to be paid by her during the time she shall so continue in possession of said premises it being the same buildings and lot now owned by me. All of which is to be received and accepted by her in lieu of ________ and all other interest she may have in my estate real or personal. Third I give bequeath and devise to my three grandchildren the children of my deceased son (to wit) Alexander S. Hannay, Jay Burt Hannay and Lizzie Hannay all the real estate that are now at this date owned by me in the village of Stillwater they each to share alike and be joint owners as they severally shall become twenty-one years of age and during the time of their minorship the said property to be held by their parent or guardian as the case may be for the sole benefit of the said grand-children (to wit) Alexander S. Hannay Jay Burten Hannay and Lizzie Hannay (that is) from and after the time when the same cease to be controlled by my wife as herein before specified and each one of three said grand-children shall become the owners of the share so devised as they severally shall be come twenty-one years of age and if either of the said grand-children shall die before arriving at the age of twenty-one years leaving no issue The share so devised to him or her shall be the property of the survivors or survivor of the said grand-children, and in case they all three should die before arriving at the age of twenty-one years leaving no issue, then in that case the property so devised shall be the property of my daughter Carrie A. Edmonds. Fourth - I give and bequeath to my grandson Alexander S. Hannay my gold watch and the chain belonging to the same to be given to him at the age of fifteen years. Fifth - I give, bequeath and devise to my daughter Carrie A. Edmonds all the remainder of my estate real or personal of every name or nature and where-ever situated to be to her and her heirs forever. Lastly - I hereby nominate and appoint my wife Margaret as executrix and Edward I. Wood executor 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 7th day of November in the year of our Lord 1878. Alexander Hannay L.S. The foregoing instrument written on one sheet was at the date thereof declared to us by Alexander Hannay the testator therein mentioned to be his last Will and Testament and he at the same time acknowledged us and each of us that he had signed and sealed the same and are thereupon at his request and in his presence and in the presence of each other signed our names as attesting witnesses - Francis Wood Stillwater Saratoga Co. N.Y. Edward D. Bartlett Saratoga County S.S. I Elias H. Peters Surrogate of said County do hereby certify the foregoing to be a true record of the last Will and Testament of Alexander Hannay late of the town of Stillwater in Saratoga County deceased relating to real and personal estate together with the proof thereof. Recorded on the 22nd day of April 1879. E. H. Peters Surrogate