WILL: John Neilson; Stillwater, Saratoga co., NY

submitted by Penny Pollock (pennyph @ postoffice.pacbell.net)
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Saratoga co NY
Will Book Vol. 9 page 104

Probate record for will of John Neilson, Stillwater

Be it remembered that at a Surrogates court held in & for the county of
Saratoga, at the surrogates office in the village of Stillwater, on the 15th
day of April 1833. before George Palmer surrogate of said county, Henry
Neilson one of the executors named in the last will & testament of John
Neilson late of town of Stillwater deceased, and shewed that he had in due
form of law served a notice and citation on Polly the widow of the said John
and on Charles Neilson, John Neilson Junior, Albert H Rudd and Maria his wife,
Richard Dunning and Esther his wife, Henry E Barret and Esther his wife,
Abraham Post & Margaret his wife, Israel[?] Post Jun & Elisa his wife,
Benjamin Badgley and Maria his wife and and on the said Henry E Barret as
special guardian to Mellissa Vendenburgh and Elisabeth Vandenburgh, and on
E[?] Vandenburgh special guardian to her minor child, on Thankful Neilson on
Sylvia Neilson special guardian to Ann Aurelia Neislon, and on Henry James
Neilson and Fayett Neilson, which said Charles, John, Maria, Esther Dunning,
Esther Barret, Margaret, Elisa, Maria Badgly, Millissa, Elisabeth minor child
of ?Vandenburgh, Thankful, Ann Aurelia, Henry & Fayette are the heirs at law
and next of kin of the said deceased, that the last will and testament of the
said deceased ? ? be presented to said Surrogate at the time and place
aforesaid to be admitted to probated and proved as a will of real and personal
estate.  And leave having been granted to produce[?] to said Surrogate a
certain instrucment in writing bearing the date the 5 day of April 1824 and
Henry Metcalfe being duly sworn did say , the (sic) he wrote said instrument
at the direction of the said deceased and signed his name thereto as a
witness, at the request and in the presence of the said testator, who signed
his name in the presence of the witness, that the said testator was at the
time more than twenty one years of age, of sound mind and free from restraint
and that David Newland and Ephraim Newland the other subscribing witnesses to
said will put their names thereto also at the request and in the presence of
the said testator.  And David Newland also being then and there duly sworn did
say, that he was present at the time said will  was executed and called upon
to be a witness, that the testator signed said will in the presence of this 
deponent and the said Henry and Ephraim, and declaring it to be his last will
and testatment, that he was then of sound[?] mind, not under restraint and
above the age of twenty one years And thereupon the matter of proving said
will was adjourned till the 29 day of April 1833. at 10 oclock in the forenoon
at my said office.  On which day and place came the said Henry and the matter
aforesaid was further adjourned till the 6 day of May 1833 at Eight oclock in
the forenoon at my office aforesaid when and where came the said Henry and
Ephraim Newland being duly sworn did say, that he was called upon to be a
witness to said will, that the testator signed and declared it as such in his
presence and in the presence of the above witnesses, and that he subscribed
his name to said will as a witness in the presence of the said Henry, David
and the said testator who was then of sound mind, of lawfull age and not under
restraint.

It thereupon appearing to said Surrogate, that said will is  duly ?created,
and that the testator was in all respect competent to devise[?] real Estate,
at the time of executing said will, and not under restraint, and the said
Surrogate being Satisfied of the genuineness and validity of said will, he the
said Surrogate admits the same to probate & records and certifies it to be in
the words and figures following to wit:

In the name of God Amen  I John Neilson of Stillwater, county of Saratoga,
being of sound and disposing mind, although infirm in body, do recommend my
Soul to the being from whence it came, and my body to be decently interred
[several words unreadable] devise and bequeath unto my wife Lydia during her
natural life the farm and buildings on which I now live, together with all the
household furniture and two milch cows.

2nd I give and devise unto my son Henry, out of any land of which I may die(?)
posessed or ?, except the farm herein bequeathed and devised to my wife and
the one on which my son Samuel resides, land to the value of fifteen hundred
Dollars to be taken at the appraisal of men, out of such lands, as the said
Henry shall select.

3rd I give and devise unto my Son Samuel his heirs and assigns for ever, the
farm with all and singular the appurtenances thereunto belonging on which the
said Samuel lives in the town of Saratoga.

4th I give and device unto my son Charles, ten acres of land, part of my pine
plane lot, in the town of Malta, adjoining on the north the piece of five
acres now owned by him, part of my said pine plane lot.

5. I give and bequeath unto my daughter Maria, two hundred Dollars, all the
cows now called hers, and one bed and bedding and ten sheep.

6. I give and devise unto my grandchildren, the children of my son John, the
dwelling house and one acre of land on which they now live, in the town of
Stillwater during such times, as the said John Shall occupy the same, and I
also give the said Grand children the  household furniture in the said
dwelling house, together with two milch cows now on said premises. 

7th  I give and devise unto my said grand  children the farm and two lives
lease thereof called the Willcox farm the the town aforesaid out of which
their father my said son John, is  to be supported or permitted to improve the
Same for that purpose.

8th  I hereby nominate and constitute my wife Lydia Executrix and my sons
Charles & Henry executors of this my last will and testament, hereby revoking
all others made by me at any time before made.

And I hereby direct and require my said Executirx and Executors to sell all my
personal property, not herein otherwise disposed of, and the timber now in
hand to take to New York and sold. and the avails of all which to be applied
to the payment of my debts.  And I also authorize and empower them to sell any
lott of land in the town of Northern Malta and my five lots in the B? Lake
tract in the county of (several words unreadable)...my pine plane lots in
Malta, county of Saratoga (last line of page unreadable) .... part thereof or
the timber thereon standing and being as in their discretion shall seem best
and with the avails thereof to pay and discharge my debts.

9th I give, devise and bequeath unto my children Charles, Henry and the
children of my deceased daughters Lydia and Esther, wife of Richard Dunning
and my daughter Maria, all the residue of my Estate and property that shall
not be sold by my Said Executrix and Executors, or if sold the avails thereof,
equally to be divided among them into 5 equal parts to be devided.

10th  Incase the Estate being ? lease for lives hereby devised to my wife
shall in any wise terminate before her death, then and in that case, it is my 
will and intent, that the residue of my said Estate devised to be equally
divided between my said children and grand children shall be appropriated to
the support and maintainance of my said wife, during her life.

In witness  whereof I have hereunto set my hand and seal this 5 day of April
1824

John Neilson
Signed, sealed and delivered in the presence of us, who Subscribed the Same,
in the presence of the testator and of each other by his request  David
Newland,  Ephm Newland, H Metcalf 

I George Palmer, Surrogate of the county of Saratoga do certify the preceeding
record to be a true copy of the last will and testament of John Neilson, late
of the town of Stillwater, in said county deceased  

George Palmer