WILL: Maghdalana Kain; Shawangunk, Ulster co., New York surname: Kain, Ostrander, Wintfield, Cady, Porter, Teerpenning 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. *********************************************************************** WILL OF MAGHDALANA KAIN Ulster Co., Shawangunk Will Book vol. B page 188 Transcribed by Linda Helaudais from Sampubco copy In the name of God Amen. I Maghdalane Kain of the Town of Shawangunk in the County of Ulster and the State of New York being this day in perfect health and of sound and perfect memory and understanding (blessed be God), calling to mind that it is ordained for all flesh once to Dye; and being desirous to sattle [settle?scuttle?] the things of this world in order Do make this my last Will and Testament in manner following first I recommend my soul to God, hoping and trusting through the passion of Jesus Christ of full remission of all my sins, and my body in a Christian like Buriall, as to my executors shall seem proper, and, concerning such Temporall Estate as it hath pleased God to bless me with. First I give and bequeath to Leantie the wife of Jacob Ostrander the Bed & Bedstead, with all thereunto belonging which I for common make use of, and also my black Gown, to be her own property to her heirs and assigns forever. Item I give and it is my true Will and desire that my boy William be and forever shall remain a free man to his own use forever hereafter And also I give and bequeath to my said boy William the just and full sum of Ten pounds of good & lawfull money to be paid to him by my Executors, herein named out of my personal Estate to be his own property his heirs and assigns forever. Item I give & bequeath all the rest & residue of all my estate which shall be my property at the time of my decease unto Leantie the wife of Jacob Ostrander, and Leantie the daughter of Benjamin Wintfield at the Swartkill, to be Equally divided between them in equil shares, alike to them their heirs and assigns forever. Item, it is my will and Express order that my executors herein named Do after my decease Sell & dispose of my Two young Negro wenches named (Ginny & Phylanda) to such person or persons as their Mother Mary shuses [chooses?], provided that those person be the highest bidders for said Negro wenches, And that my said Executors shall give full and sufficient Bills of Sale for the same And the Moneys therefrom arising to be equilly divided between the said Leantie Ostrander and Leantie Wintfield the daughter of Benjamin Wintfield aforesaid. Item I Give & Bequeath to my two Sisters Antie Cady & Mary Porter, all the rest of my Body Coaths [clothes?], which is not herein before given to Leantie Ostrander, to be equally divided between them in equal shares to them, their heirs & assigns forever. And lastly I constitute and appoint David Mulford and Evert Roosa both of the town of Shawangunk in the County & State aforesaid or the survivors of them to be Executors of this my last Will and testament, desiring that all my just depts [debts] and funeral Expenses be first paid & satisfyed. I Wittness whereof I have hereunto sett my hand & seal this second day of November one thousand seven hundred and ninety three 1793. [signed] Maghdelana W. Kain Note that the Interlination between 4th & 5th from the bottom of the Will the words To be Executors of this my last Will & Testament before the Execution hereof Signed sealed published & declared by the said Maghdalana Kain to be her last Will and Testament in the presence of us, John Weinfld [sic] jnr. Johannes Weaver Joh. Hardenbergh Ulster County Be it remembered that on the second day of August in the year of our Lord one thousand seven hundred and ninety four personally came and appeared before me, Joseph Gasherie Surrogate of the said County, Johannis Hardenbergh of the Town of Hurley in said County yeoman, and being duly sworn on his oath declared that he did see Magdalana Kain sign and seal the within written instrument purporting to be the will of said Magdalana Kain bearing date the second day of November one thousand seven hundred and ninety three, and heard her declare the same as and for her last Will and Testament, that at the time thereof she the said Magdalana Kain was of sound disposing mind and memory to the best of the knowledge and belief of him the deponent, and that John Winfield junr. and Johannis Weaver together with the deponent subscribed the said Will as Witnesses thereto in the testatrix presence. [signed] Joseph Gasherie Surrogate The People of the State of New York by the grace of God Free and Independent, To Jacob Ostrander of the Town of Shawangunk in the County of Ulster yeoman send Greeting Whereas Maghdalana Kain late of the said Town of Shawangunk deceased did in her lifetime make her last Will and Testament in writing bearing date the second day of November one thousand seven hundred and ninety three, And by the said Will appointed David Mulford and Evert Roosa Executors of her said Will and thereafter died And whereas on the second day of August in the year of our Lord one thousand seven hundred and ninety four at Ulster County before Joseph Gasherie Esquire Surrogate of our said County the said Will and Testament was proved, and is now approved and allowed of by us, and the said David Mulford and Evert Roosa Executors thereof did by an instrument in writing under their hands and seals bearing date the thirty first day of July in the year of our Lord one thousand seven hundred and ninety four renounce the executorship of the said Will and refuse to be concerned therein And we being desirous that the goods chattels and credits of the said deceased may be well and faithfully administered, applyed, and disposed of according to the true intent and meaning of her said Will (a copy whereof is hereunto annexed) do grant unto you, the said Jacob Ostrander full power to collect, levy, recover, and receive all and singular the Goods Chattels and Credits of the said deceased, and the same to administer and dispose of according to the tenor and effect of said will as the laws directs, you being first duly to fulfill the said Will of the deceased and to pay her debts and legacies so far as her goods chattels and credits will thereto extend and the law requires, and also to make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Credits of the said deceased which have or shall come to your hands, possession, or knowledge and to Exhibit the same into the office of the Surrogate of the said County of Ulster, at or before the Expiration of six kalender months from the second day of August last past and also to render a just true account of administration when thereunto required, And we do by the presents depute Constitute and Appoint you the said Jacob Ostrander, Administrator of all and singular the Goods Chattels and Credits of the said deceased, together with the said will annexed, in testimony whereof we have caused the seal of office of our said surrogate to be hereunto affixed. Witness Joseph Gasherie Esquire Surrogate of the said County at Kingston the seventeenth day of April in the year of our Lord one thousand seven hundred and ninety five and of our Independence the nineteenth. [signed] Joseph Gasherie Surrogate The preceding is a true Copy of the original Will of Maghdalana Kain deceased also of the Certificate of the proof thereof and also of the Letters of Administration, Note that the words that my Executors in the 27th line of 100 [?] page being obliterated. [signed] Joseph Gasherie, Surrogate Transcriber's notes: Maghdalana Kain was the daughter of Daniel Winfield and Klaartjen Teerpenning, and the widow of James Kain. He and his brother, Robert, emigrated from Ireland in the early 1700s and settled in the Shawangunk area. The word "sattle" in the fourth line might be "scuttle" or "settle" hard to read. Words appearing in brackets are mine. Those in parentheses appear as such in original document.