WILL: David Craw; Schuylerville, Saratoga co., NY surname: Craw, Lookingham, Hollenbeck submitted by Heidi Crawley (hacrawley at gmail.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: July 14, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 9.0 Kb ************************************************ Source: Sampubco.com Saratoga co NY Will Book Vol. 35 page 131 Written: December 20, 1895 Recorded: January 14, 1896 The last will and testament of David Craw late of the town of Saratoga in the county of Saratoga deceased relating to both real and personal estate submitted to probate January 9, 1896. A surrogate court held in and for the county of Saratoga at the surrogate's office in the Village of Saratoga Springs on the 9th day of January 1896. Present Hon. Elias H Peters Surrogate. Be it remembered that at the surrogate court held in and for the county of Saratoga at the village of Saratoga Springs on the 9th day of January 1896. Anna Eliza Hollenbeck of Preston Hollow, N.Y., David Henry Craw, Cora Lookingham and Alonzo Russell of the town of Saratoga of the county aforesaid duly appeared and presented for probate a certain instrument in writing purporting to be the last will and testament of David Craw, dated December 20, 1895, in which your petitioners Alonzo Russell and David Henry Craw are named as executors and at the same time made satisfactory proof that the said David Craw died January 1, 1896, being at the time an inhabitant of said County of Saratoga and that he left him surviving the forgoing petitioners who are his only next of kin; thereupon (no one opposing) said will was shown to the attesting witnesses thereto and proof was taken as follows: Saratoga County, SS William S Ostrander and Foster G Heath of the town of Saratoga in the County of Saratoga being duly sworn in open court on their oaths do depose and say that they are subscribing witnesses to the last will and testament of David Craw late of the town of Saratoga in the County of Saratoga aforesaid deceased. And these deponents further say that the said deceased did in the presence of these deponents subscribed his name at the end of this 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 Twentieth day of December in the year One Thousand Eight Hundred and Ninety-five. That the said deceased did at the time of subscribing his name to said instrument as aforesaid, declared the same to be his last will and testament that deponents did thereupon subscribe their own names at the end of said instrument as attesting witnesses to the execution thereof at the request of 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. Subscribed and sworn this 9th day Of January 1896, before me Wm S Ostrander E. H. Peters, Surrogate F. G. Heath And in appearing from the proof so taken that the said instrument was duly executed and that the testator at the time of executing the same was in all respects competent to devise real estate and was not under restraint; and one said Surrogate 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 and is hereby admitted to probate as and for the last will and testament of the said deceased valid to pass both real and personal estate. And it is further ordered that said will be recorded with the proof thereof which proof is hereinbefore recorded and said will is as follows, to-writ: Will In the name of God Amen! I David Craw, of the town of Saratoga, County of Saratoga and State of New York, being of sound and disposing mind and memory but mindful of the uncertainty of this life, do make, publish and declare this to be my last will and testament in manner and form following, that is to say: First: I direct that all my just debts and funeral expenses be fully paid and discharged. Second: I give and bequeath unto my grand daughter Ellistene Craw, daughter of my son David Henry Craw, my piano; and unto my grandson Ernest Craw, son of said David Henry, my gold watch. Third: I give and bequeath unto my son David Henry Craw and my daughter Cora Lookingham, wife of Charles Lookingham, all the rest of my household furniture and fixtures to be divided between them equally, share and share alike. Fourth: I give and bequeath unto my daughter Ann Eliza Hollenbeck, of Preston Hollow, N.Y. a certain land and mortgage on the William McCreedy place at Schuylerville, N.Y., which mortgage is conditioned for the payment of about five hundred twenty-five dollars and interest now unpaid thereon; and also a certain Bond and mortgage on the James Collins place at or near Schuylerville, N.Y., which mortgage is to secure the payment of three hundred seventy dollars and interest now unpaid thereon. And I hereby authorize, empower and direct my executors hereinafter named to assign, transfer and convey the same to her in due form of law. Fifth: I give and bequeath unto my daughter, Cora Lookingham, a certain bond and mortgage, now owned by me, covering and a lien on certain lands at or near Schuylerville, N.Y. now or late owned by Julia Watson, which is conditioned for securing the payment of five hundred dollars and interest now unpaid thereon. And I hereby authorize, empower and direct my executors hereinafter named to assign, transfer and convey the same to her in due form of law. And I also give and bequeath to my daughter Cora Lookingham, the sum of Two Thousand dollars to be paid to her within five years after my death out of my home farm as hereinafter provided. Sixth: I give devise and bequeath unto my son David Henry Craw my home farm on which I now reside being the premises commonly known as the William P Finch farm in said town of Saratoga, subject to the payment to my daughter Cora Lookingham, within five years after my death, without interest, the sum of Two Thousand dollars which sum is to be paid to her by my said son, as aforesaid, and payment of which legacy is hereby charge upon my said farm; to have and hold the same with the appurtenances, unto my said son his heirs, executors, administrators and assigns forever. I further give devise and bequeath unto my said son, my two houses known respectfully as the Brown Place and the Hammond Place, with the appurtenances, to have and to hold the same unto my said son his heirs, executors, administrators and assigns forever. Seventh: All the rest residue and remainder of my estate real and personal and wherever situate I give devise and bequeath unto my said son David Henry Craw, his heirs, executors, administrators and assigns forever. Eighth: In case any of said above named legatees shall predecease me, then and in that case I give, devise and bequeath the property hereinabove bequeathed or devised unto such legatee, unto the heirs, executors, administrators and assigns of such legatee so predeceasing me. Ninth: I hereby nominate and appoint my son David Henry Craw and my friend Alonzo Russell of Schuylerville, N. Y. to be executors of this my last will and testament hereby revoking all other wills by me made and authorizing hem to sell and convey my real estate in their discretion. In witness thereof, I have hereunto set my hand and affixed my seal this twentieth day of December in the year One Thousand, eight hundred and ninety-five. Witnesses David Craw LS Wm S. Ostrander F. G. Heath The foregoing instrument consisting of three pages on three separate sheets was at he date thereof subscribed by David Craw, the testator therein named at the end thereof, in the presence of us and of each of us and at the same time he declared the said instrument to ne his last will and testament and at his request and in his presence and in the presence of each other we signed our names as witnesses thereto at the end thereof. William S. Ostrander residing at Schuylerville, N. Y. Foster G Heath residing at Schuylerville, N. Y. Saratoga County SS I Julia Ariel Peters, clerk of the Surrogate Court of said County do hereby certify the foregoing to be a correct record of the last will and testament of David Craw aforesaid deceased relating to both real and personal estates together with the proof thereof. Recorded January 14, 1896. Julia Ariel Peters Clerk Surrogate Court.