WILL: John Kain; Shawangunk, Ulster co., NY surname: Kain, Graham submitted by Linda Helaudais (lhelaudais @ yahoo.com) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. *********************************************************************** Albany Co., NY The Will of John Kain, Shawangunk, Ulster Co. (1783) AK-42 recorded (page 426), probate dated February 7th, 1783 Transcribed by Linda Helaudais from Sampubco copy In the Name of God Amen I John Kain of the precinct of Shawangunk County of Ulster & State of New York being weak in Body but of sound and perfect mind & memory, Blessed be Almighty God for the same Do make and publish this my last Will and Testament in manner and Form following (that is to say) First after all my just and Lawful Debts are paid I give [next few words illegible] the child with which my wife is now pregnant and to his or her heirs & assigns forever all my Estate real and personal, but if my above said child should die before marriage or the years of maturity I then give Devise and bequeath to my well beloved Wife Idah one Third part of all my Estate real and personal, and the Remaining two thirds I give Devise and bequeath to my beloved Brothers and Sisters to be Equally divided between them in the manner my Executors shall think best. I do also hereby authorize my Executors (if there shall not be debts enough Due to my Estate to defray the incumbrances thereon) to Dispose of so much of the movables as shall be suficient to make up the Deficiency. I do also hereby appoint my beloved Wife Idah Superintendent & mistress of all my Estate so long as she shall remain my Widow after my death, unless the child with which she is now pregnant should die before marriage or the years of maturity in which last case my Estate shall be Divided as above Directed. I do also hereby appoint my beloved wife Idah Executrice, and my beloved Brother James Kain, and my Friend James G. Graham Executors to this my last Will & Testament, hereby revoking and Disannulling all Former and other Wills by me made & Executed. In witness whereof I have hereunto set my hand & seal the fifth Day of January, Anno Domini One Thousand seven hundred & seventy Eight. Signed sealed, published & declared by the above named John Kain to be his last Will & Testament in presence of us the words assigns first interlined [signed] Jane Graham [signed] John Kain Francis Kain James G. Graham Ulster Co. - Be it remembered that on the Twenty first Day of December one thousand Seven hundred and Eighty two personally came and appeared before me Joseph Gasherie surrogate of the said County, James G. Graham and Francis Kain of the said County of Ulster, yeomen, and being duly sworn on their Oaths declared that they and each of them did see John Kain sign and seal the within written Instrument purporting to be the Will of the said John Kain bearing date the fifth Day of January [next few words illegible] thousand seven hundred and Seventy Eight and heard him publish and declare the same as and for his last Will and Testament; That at the time thereof he the said John Kain was of sound disposing mind and memory to the best of the knowledge and belief of them the Deponents and that their names subscribed to the said will are of their respective proper Hand Writing, which they subscribed as Witnesses to the said Will in the Testators presence, and that they the Deponents saw Jane Graham the other Witness to the said Will subscribe her name as Witness thereto in the Testators presence. [signed] Joseph Gasherie Surrogate Ulster Co. Be it also remembered that on the Twenty first Day of December One thousand Seven hundred and Eighty two, Idah Hoornbeek, now the Wife of Cornelius Hoornbeek, James Kain and James G. Graham the Executrix and Executors of the within written Will of John Kain likewise appeared before me the said Joseph Gasherie and were duly sworn to the true Execution and performance of the said Will by severally taking the Oath of an Executor as by Law appointed before me [signed] Joseph Gasherie Surrogate [Written in margin] The Will of John Kain Recorded (page 426) Probate dated Feb.y 7, 1783 Transcriber's notes: Bracketed words are mine; words in parentheses appear that way in the original document. John Kain was the son of Robert Kain and Mary Graham.