WILL: Jacob P. Enders; Esperance, Schoharie co., NY surname: Enders, Voorhees, Coonly submitted by Gayle Hendren (GR3808 @ aol.com) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO copy by Gayle Hendren Esperance, Schoharie County, NY Will Book Volume 8, page 362 * I have transcribed this will exactly as it was written. Including the actual punctuation & spelling, In the name of God Amen, I Jacob P. Enders of the town of Esperance in the county of Schoharie considering the uncertainty of this mortal life and being of sound mind and memory, do make, publish and declare my last will and testament in manner and form following, that is to say First I give, devise and bequeath to my wife Eve the following parcel of land containing between sixteen and twenty acres being in the angle between the Schoharie Creek and the fly creek and to her heirs and assigns forever I also bequeath to my said wife the sum of Fifteen hundred dollars $1500.00, all my household furniture and the right to occupy during her life, the north east room in my dwelling house and the room above the same, with all the privileges necessary for her full, free and perfect enjoyment of the same. The above devise and bequest to my Said wife to be taken by her in lieu of all claims for dower in any of my real estate and the bequest of $1500.00 above mentioned is expressly declared to be in lieu of all her legal rights in my estate both real and personal - Second I give and devise to my son Peter Enders the farm Situate in the town of Esperance on which he now resides consisting of a lot of about Seventy Seven acres purchased by me of Schuyler Briggs and a lot of about 44 acres purchased by me at a Sheriffs Sale on an execution against David Bleven (sp?): to have and to hold to my said son Peter his heirs and assigns forever I also give and devise to my said son Peter Enders a certain wood lot being part of a lot described in a deed of conveyance executed by Peter I. Enders dated Sept. 28, 1844, and recorded in the clerks office of Schoharie county in Book No. 11 of deeds, page 449, & being the part of said lot divided easterly by a lot heretofore conveyed by me to Peter Ouderkirk and to extend so far westerly the whole width of the lot as to contain fifteen acres to hold to him his heirs and assigns forever Third, I give devise and bequeath to my son David Enders all that certain lot of land described in a deed of conveyance and executed by Schuyler Briggs and Rebecca hi wife dated April 29, 1857, Recorded in the clerks office of Schoharie County in book no. 32 of deeds page 494 & to which reference may be had. Also a lot of about fifteen acres lying on the east side of the road leading to Sloansville Also a wood lot part of my old farm to be surveyed off with the following boundaries; on the north by lands of George Taylor, on the west by the highway leading to Sloansville by the Ferry, on the east by lands herin after devised to my daughter and to extend so far southerly along the highway as to contain twenty five acres and no more, to hold to my said son David his heirs and assigns forever Fourth I give devise and bequeath to my daughters Maria, Elizabeth, Eve Ann, Catharine Matilda and Christina, all the following parcels of land viz- All that certain parcel of land being part of a lot described in a deed of conveyance executed by Peter I. Enders dated Sept 28th 1844 recorded in the clerks office of Schoharie county in Book no 11 of deeds page 449 & being the whole of said lot except such parts thereof as have heretofore been conveyed by me to Peter Oderkirk, Abram Makle and Silas Thorp and the parcel herebefore devised to my son Peter Enders Also, one other lot of about forty acres of land bounded northerly & easterly by lands of Henry Merkle Easterly by lands of Daniel Ames and the highway and southerly by lands of George Taylor, to have and to hold the same to my said six daughters in equal shares as tenents in common, their heirs and assigns forever. Fifth, I give devise and bequeath to my son John Enders, all the rest and reside of my real estate where so ever situated, to him his heirs and assigns forever I also bequeath to my said son John Enders all my teams, farming utensils, stock on the farm consisting of horses, sheep, hogs, poultry, wagons, carriages, sleighs, harnesses & all other articles used on the farm his heirs and assigns forever. Sixth, I give and bequeath to my son John and my two daughters Elizabeth and Matilda, all the Meat(?) or horned cattle owned by me at the time of my decease in equal shares. - Seventh I give and bequeath to my said six daughters the sum of Six hundred dollars to be paid by my said son Peter Enders in one year after my decease to be divided among my said daughters as hereinafter directed, and the same is hereby declared to be a lien and charge upon the lands and real estate hereinbefore devised to my said son Peter and such lands are devised to him as aforesaid subject to such payment I also give and bequeath to my said daughters twenty four hundred dollars ($2400) to be paid by my two sons David and John, in equal portions in one year after my decease to be divided among my said daughters as hereinafter directed, and the said sum of $2400. is hereby declared to be a lien and charge upon the lands and real estate hereinafter devised to my said sons David and John and such lands are devised to them respectively, subject to the payment of said sum of $2400. in equal portions. I give and bequeath to my said six daughters, all and singular the residue and remainder of my personal property of any description to be divided among them as follows, 1st such residue of personal property shall be accurately estimated and appraised and in such appraisal shall be included a promissory note for $1500. heretofore given me by my son in law Isaac N. Voorhees with simple interest thereon added to the total of the appraisal as aforesaid shall here be added the $600. to be paid by my son Peter as above, also the $2400. to be paid by my sons David & John of aforesaid the total sum shall there be divided equally among my said daughters, share and share alike provided however that said note of $1500. & interest shall be delivered to and taken by my daughter Maria, wife of Isaac N. Voorhees on account of her said share and the said note of $800 and interest shall be taken by my daughter Catharine Coonly on account of her share, in part payment, or if the note of $1500 and interest shall exceed the $600 share of my daughter Maria, or her husband shall refuse to pay said note on account of it being outlawed or otherwise, her said $1500 note shall be left out of said dividend and said residue and money shall therefore be awarded equally among my other five daughters and my said daughter Maria shall in that case have no share or interest therein. Item, I do hereby will and direct that the share and bequest above given to my daughter Catharine, wife of George Coonly shall be held and remain in the hands of my executors hereinafter named, to be paid to her from time to time and no such sums as in their judgment will be Co ..(?) to the comfort and advantage of my said daughter Catharine and her children in their support. Eighth I do will and declare that such of my daughters as shall remain unmarried at my decease shall have the right to occupy the portion of dwelling devised to my wife, in connection with their mother, so long as she shall live and after her death so long as they remain unmarried. Lastly, I hereby constitute and appoint my two sons John Enders and David Enders executors of this my last will and testament, hereby revoking all former wills by me made. In testimony whereof, I have hereunto put my hand and seal, the twenty seventh day of November in the year 1866. Jacob P. Enders S.S. The above instrument consisting of two sheets was at the date thereof signed sealed and declared by Jacob P. Enders the testator, as and for his last will and testament in our presence and the presence of each other, have subscribed our names as witnesses thereto: R. Brewster Schoharie, NY Henrietta Brewster Schoharie, NY Schoharie County Surrogate Court In the matter of proving the will Of Jacob P. Enders late of Esperance In said county deceased. Schoharie County S.S. Ralph Brewster of Schoharie in the county of Schoharie and Henrietta Borst late Henrietta Brewster of Schoharie in the county of Schoharie, being duly sworn in open court, do depose and say that they are subscribing witnesses to the last will and testament of Jacob P. Enders, late of the town of Esperance in the county of Schoharie deceased. That the said Jacob P. Enders did in the presence of these deponents, subscribe his name at the end of the instrument which is now shown and exhibited to these deponents and which purports to be the last will and testament of the said Jacob P. Enders deceased and which bears the date on the twenty seventh day of November in the year of our Lord one thousand eight hundred and sixty six. Deponents further say that the said Jacob P. Enders, the said testator did at the said time of subscribing his name as aforesaid at the end of the said will, declare the said instrument be subscribed and now exhibited to be his last will and testament, and these deponents did therefore subscribe their names at the end of the said will as attesting witnesses thereto at the request and in the presence of the said testator and of each other and of the other subscribing witnesses thereto. Deponents further say that at the said time where the said testator subscribed his name to the said last will as aforesaid and at the time of the deponents subscribing their names as attesting witnesses thereto as aforesaid the said Jacob P. Enders was of sound mind and memory, of full age to execute a will of real estate and was not under any restraint to the knowledge, information and belief of these deponent, and further these deponents say .? Sworn before me this 4th day of March 1867 Ralph Brewster Henrietta Brewster Borst Wm C. Lamont County Judge State of New York Schoharie County I William C. Lamont, County judge of Schoharie county, do hereby certify that the foregoing is a true copy of the Last Will and testament of Jacob P. Enders late of the town of Esperance, Schoharie County deceased & was duly admitted to probate before me on the 4th day of March 1867 as a will of real and personal estate pursuant to the Statute in such case made and provided. And I further certify that it with the proofs taken to the execution thereof are herein records (?) Wm C. Lamont Co. Judge