WILL: Elias Devoe; Halfmoon, Saratoga co., NY
surname: Devoe, Quackenbush, Gray, Vandekar, Quick, Van Buren, Link

submitted by: Teresa Matuszyk (tmatuszy@nycap.rr.com)

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Elias Devoe
Halfmoon, Saratoga County
Will Book Vol. 9 page 40

Transcribed from SAMPUBCO copy

Be it remembered that on this 8 day of October 1832, came before me George
Palmer, Surrogate of the county of Saratoga, at my offices in the village of
Stillwater Maria Devoe and Hoffman Steenburgh executors named in the last will
and testament of Elias Devoe late of the town of Halfmoon in said County
deceased and showed to said Surrogate that they and duly cited and notified
Isaac M. Devoe, Peter M. Devoe, Maria Devoe, Elizabeth Quackenbush, Getty
Gray, Catherine Vandekar, Alida Devoe, Anna Quick, Martin Van Buren and Asahel
Philo Guardian to Maria Van Buren and Alida Van Buren minors, being the heirs
at law and next of kin of the said deceased that they would on the said 8 day
of October, at the place aforesaid present said will to the said Surrogate to
be proved and allowed as a will of real a personal estate, and also on
Cornelius Devoe, also an heir and next of kin of the said deceased to the same
effect.

And leave being given to the said Maria and Hoffman they then and there
produced to said Surrogate a certain instrument in writing purporting to be
the last will and testament of the said Elias Bearing date the Seventeenth day
of July in the year of our Lord, one thousand, Eight hundred and thirty two
and that then and there introduced Abram Van Wart and James McNiece who being
duly sworn did say that they were present and saw the said Elias ? said
instrument by signing the same, and adopting the seal and heard him declare
the same to be his last will and testament and that they put their names to
the same as witnesses in the presence of the testator and of each other, and
of Platt Burtis, who also signed his name as a witness in presence of the said
testator and of this witnesses. And that the said testator at the time of so
executing the same was of sound mind and memory, and Hoffman Steenburgh also a
witness to said will being duly sworn says that at a subsequent day he was
called on to be a witness to said will, that the testator acknowledged to him
that he executed said instrument as his will and that when he so made his
acknowledgement he was of sound mind and memory and then this deponent put his
name to said will as a witness in presence of the said testator. And hereupon
the said James further said that he wrote said will by (?) actions of the
testator, and that he was perfectly rational and knew well what he was about.
And on the application of the said executors, I adjourned the further hearing
and consideration of the proof of said will until the 13th day of October,
1832 at 12 o clock noon, at my office in the village aforesaid, at which time
and place came the said Platt Burtis also a witness to said will, who being
duly sworn and said that he was in presence of the testator at the time
the above named Abram and James signed their names to said will, that he then
signed his, that the said testator in presence of these three witnesses
acknowledged the execution of said instrument as his last will and testament
and that at the time thereof, the said testator was of sound disposing mind
and memory, and the said witnesses declared the testator above the age of
twenty-one. It appearing to said Surrogate that said will was properly
executed, and that the testator at the time of executing the same was in all
respects competent to devise real estate, and not under restraint, the said
Surrogate records said will and certifies to be in the words and figures
following:

In the name of God, Amen.

I, Elias Devoe of the town of Halfmoon, in the county of Saratoga and State of
New York being weak in body, but of sound mind and memory, and knowing the
uncertainty of this life, for the purpose of making a disposition of such
property real and personal, wherewith it has pleased Almighty God to bless me
in this present world do make this my last will and testament, as follows,
viz:

Item. I give devise, and bequeath unto my beloved wife Maria Devoe all my real
estate, situate in the town of Halfmoon in the county of Saratoga aforesaid
for and during her natural life, or as long as she shall live excepting
therefrom my right in the mill lot, one third of which belongs to the estate
of Cornelius Fonda, Deceased, one third to Henry Fonda, and the remaining
third to myself, and also my store on the west side of the canal together with
the basin on the ease side of the same and also a small piece of Lands along
the west side of the new roads, leading from the aquaduct to Tartalus Frosts
and north of the road leading from the aquaduct (sic) to the village of
Middletown all of which I do hereby except from this above devise of my real
estate to my said wife Maria.

Item. I do also hereby give, devise and bequeath unto my said wife Maria all
my personal property for her own and sole use, benefit, and behoof forever.

Item. From and after the death of my said wife, Maria, I do hereby give devise
and bequeath unto my two sons Elias Devoe and Stephen Devoe all the real
estate above given devised and bequeathed unto my said wife Maria to be
divided equally between them share and share alike to them, their heirs, and
assigns for ever.

Item. I give devise and bequeath unto Elias Link son of John Link, of the town
of Watervliet in the county of Albany the above mentioned excepted small piece
of land lying on the west side of the new road leading from the aquaduct to
Tartalus Frosts and north of the road leading from the aquaduct to the village
of Middletown, to him his heirs and assigns forever. Item. I order will and
direct that my right in the mill lot above mentioned excepted be sold by my
executrix and executor hereinafter named for the purpose of paying off and
satisfying my just debts and the and the over (?) if any there be, I hereby
give to my said wife Maria.

Lastly, I do hereby nominate, constitute and appoint my said wife Maria Devoe
executrix and Hoffman Steenburgh Executor of the town of Halfmoon in the
county of Saratoga aforesaid, of this my last will and testament, hereby
revoking and annulling all former wills by me made, if any there be. In
witness whereof I have hereunto in my hand and seal, as and for my last will
and testament this seventeenth of July, in the year of our Lord, One thousand
Eight hundred and thirty two in the presence of the subscribing witnesses
disinterested persons who have hereunto subscribed their names as witnesses
hereto in my presence and in the presence of each other.

Elias Devoe, SS.

Witnesses present
Abram M. Van Wart of Halfmoon, Saratoga County
Platt Burtis
Jas. McNiece of Halfmoon, Saratoga county
Hoffman Steenburgh of Halfmoon, Saratoga county.

I, George Palmer, Surrogate of the county of Saratoga do certify that the
preceding record is a true copy of the last will and testament of Elias Devoe,
of Halfmoon, in said county, deceased.

George Palmer