WILL: Jasper Mead; Glenville, Schenectady co., NY surname: Mead, Mead, Hallenbeck, Sweet submitted by Charles Bub (cbubjr@nycap.rr.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: May 22,2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 11.4 Kb ************************************************ Source: Schenectady County, New York Will Testators Written: September 1, 1870 Recorded: March 8, 1875 Transcribed from SAMPUBCO copy by Charles W. Bub, Jr. Schenectady County, New York Will Book Vol. J, page 643 Surrogate Court County of Schenectady In the matter of proving the Last Will and Testament and codicil thereto of Jasper Mead, late of the Town of Glenville, in the Probate of Will County of Schenectady, and State of New York. Deceased. Be it remembered that hereto for to wit on the Fifteenth day of February One Thousand Eight Hundred and Seventy Five Elias Mead, one of the persons named Executor in an instrument purporting to be the Last Will and Testament of Jasper Mead, late of the Town of Glenville, in the County of Schenectady aforesaid, appeared in open court before the County Judge of said county, and made application to have the Last Will and Testament and codicil thereto of said deceased which relates to both real and personal estate proved, which application was by petition in writing and which is duly verified and filed and such proceedings were therefore had before the same County Judge on the Eight day of March, One Thousand Eight Hundred and Seventy Five; and that the said Will was duly proven as a Will of both real and personal estate, and on the last mentioned day was admitted to probate, and with the Proofs and Examinations thereof taken were ordered to be recorded as in such case prescribed by law, which said Last Will, Proof and Examinations are in the words and figures following to wit. Will In the name of God, Amen. I, Jasper Mead of the Town of Glenville, in the County of Schenectady and State of New York, aged seventy three years and upwards and being of sound, disposing mind and memory, do make and publish this my Last Will and Testament, in manner following, that is to say, Firstly – I hereby revoke and disannul, any and all Last Will and Testaments by me heretofore made Secondly – I direct that my medical bills, funeral charges, the expense of administering my estate and all of my just debts, whatever they may be, be paid out of my personal estate, and if that is insufficient inexpressively charge the payment thereof or of any deficiency upon the real estate whereof I may die seized or possessed, and for that purpose, and the other purpose herein after named, I give to my Executors or to the survivors of them, also herein after named, full power and authority soon after my decease as practicable, to sell the whole of my real estate, and at this time consisting of about one hundred acres of land, being my homestead farm, in the Town of Glenville aforesaid, either at public or private sale (if such real estate is not sold by me previous to my decease) and to execute title and conveyances therefore, as fully clearly and effectually as I might or could have done if living, and after paying from the proceeds of such sale or sales, the (unreadable) rents, accrued or owing on said farm, my medical bills, funeral charges (including the expense of erecting suitable marble head and foot stones at the graves of myself and wife now deceased), the expenses of administering my estate, and all my just debts, out of the net proceeds of such sale or sales, to pay – Thirdly – To my son Henry Mead of the Town of Amsterdam, Montgomery County, if then living, or in case of his decease, to his legal representatives, the sum of Eight Hundred dollars with interest from the time of the sale as aforesaid of my said farm. Fourthly – Out of such net proceeds, to pay to my daughter, Sarah Jane wife of Anthony Sweet of Glenville aforesaid, if then living, or in case of her decease, to her legal representatives, the sum of One Thousand dollars, with interest from the time of sale as foresaid. Fifthly – Out of such net proceeds, to pay to my son Jasper Mead Jr of the Town of Glenville aforesaid, if then living, or in case of his decease, to his legal representatives, the sum of One Thousand Five Hundred dollars, with interest from the time of sale as foresaid. Sixthly - Out of such net proceeds, to pay to my daughter Mary G wife of William J. Hallenbeck of the Town of Glenville aforesaid, if then living, or in case of her decease, to her legal representatives, the sum of Four Hundred dollars, with interest from the time of sale as foresaid. Seventhly - Out of such net proceeds, to pay to my son Elias Mead of Coeymans Albany County, if then living, or in case of his decease, to his legal representatives, the sum of Two Hundred dollars, with interest from the time of sale as foresaid. Eighthly - Out of such net proceeds, to pay to my Grand-daughter Harriet Mead, daughter of my son Lucius Mead, deceased, if then living, the interest on the principal sum of Two Hundred dollars, such interest to commence running from the time of sale as aforesaid, such interest to be paid to her comfort and education, until she arrives at the age of twenty one years, when the interest accrued and remaining unpaid, and the whole principal sum itself, shall be paid to her in full satisfaction of the legacy; but if it so happens that the said Harriet Mead does not survive me, or does not survive to reach the age of twenty one years, then in either event, I order and direct the surplus incomes accrued and the whole principal sum of the legacy, to be paid over share and share alike, to the surviving children of my son Lucius Mead, to whomever may be legally competent to receive the same for him or them. Ninthly - I order and direct my said Executors, that if the whole of such net proceeds of the sale of my said real estate shall not be sufficient to pay all of the aforesaid legacies or bequeaths to my said children and grand daughter, each legacy or bequest must abate ratably in proportion to its amount, to bring them within the scope of the surplus of such sale or sales and be paid by my Executors in full satisfaction at the reduced amounts. But in case there is a surplus of such sale or sales left after paying the legacies or bequests as originally directed herein. Then I give and bequest such residuary net surplus, in equal proportions, share and share alike to my five present living children Henry Mead, Sarah Jane Sweet, Jasper Mead Jr., Mary G. Hallenbeck and Elias Mead; and in case of the decease of either, or any of them, then to the legal representatives of the child or children so dying respectively. Lastly – I nominate and appoint my son the Rev. Elias Mead and my son-in-law William J. Hallenbeck, Esq. Executors of this my Last Will and Testament. In witness whereof I have hereunto set my hand and seal this 1st day of September 1870. Jasper Mead (L.S.) We whose names are hereto subscribed, do certify that Jasper Mead, the Testator, subscribed his name, to this instrument, in our presence, and in the presence of each of us, and at this same time declared in our presence and hearing that the same was his Last Will and Testament, and requested us and each of us, to sign our names thereto as witnesses to the execution thereof, and which we have done accordingly, in the presence of the Testator, and of each other, the day of the date of the said Will. L. J. B. Sanders of Glenville, Schenectady County, NY J. Fonda Viele of the city of Schenectady, NY This is a codicil to my Last Will and Testament bearing date the first day of September 1870. Whereas by the 5th section of my said Will I have given and bequeath to my son Jasper Mead Jr. and to his legal representatives the sum of One Thousand Five Hundred dollars, to be paid as in said section directed, now by reason of sundry payments and advances by me since made to the said Jasper, I (unreadable) such legacy to the payment of the sum of Two Hundred dollars in lieu thereof, to be paid at the time designated in said fifth section, but this reduction is not to deprive him of his interest in my residuary estate. I also give and bequeath to Sarah Frances my grand-daughter, daughter of my deceased son Lucius Mead, the sum of One Hundred dollars, (unreadable) the same terms and conditions and subject to the same provisions as in my aforesaid Will relative to the legacy of Two Hundred dollars to her sister Harriet Mead. In witness whereof, I have hereunto set my hand and seal this 9th day of October 1873. Jasper Mead (L.S.) We whose names are hereto subscribed, do certify that Jasper Mead, the Testator, subscribed his name, to this instrument, in our presence, and in the presence of each of us, and at this same time declared in our presence and hearing that the same was a codicil to his Last Will and Testament and requested us and each of us, to sign our names thereto as witnesses to the execution thereof, and which we have done accordingly, in the presence of the Testator, and of each other, the day of the date of the said codicil. John Sanders of Glenville, Schenectady County, NY J. Fonda Viele of the city of Schenectady, NY Surrogate Court County of Schenectady In the matter of proving the Last Will and Testament and codicil thereto of Jasper Mead, late of the Town of Glenville, in the Proofs and Examinations County of Schenectady, and State of New York. Deceased. Schenectady County Ls. L. J. B. Sanders, of the Town of Glenville, and J. Fonda Viele of the city of Schenectady, being first duly sworn in open Court, on their oaths do depose and say that, they are the subscribing witnesses to the Last Will and Testament of Jasper Mead, late of the Town of Glenville, in the County of Schenectady, deceased. And these deponents further say, that the deceased did in the presence of these deponents subscribe his name at the end of this instrument now shown to these deponents, and which purports to be the Last Will and Testament of said deceased, and which bears date September 1st 1870; that the said deceased did, at the time of subscribing his name to the 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 a aforesaid, was about 73 years of age; that he appeared to be sound of mind and was not under any restraint to the knowledge or belief of deponents. Subscribed and sworn this } 8th day of March 1875 } L. J. B. Sanders Austin A. Yates } J. Fonda Viele County Judge } Schenectady County Ls. John Sanders, of the Town of Glenville, and J. Fonda Viele, of the city of Schenectady being first duly sworn in open Court, on their oaths do depose and say, that they are the subscribing witnesses.