WILL: William Degraff; Espous, Ulster, New York *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm http://files.usgwarchives.org/ny/ulster/wills/vg/degraff-william.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 10.5 Kb *********************************************************************** Source: Family History Library #842590 Ulster co NY Will Book Vol. G, page 434 Written: January 31, 1831 Probated: April 11, 1831 File contributed for use in USGenWeb Archives by: Teresa Culver tbc8@cornell.edu May 25, 2007, 10:27 pm Volume G, Book of Wills, Surrogate Court Records of the County of Ulster, New York (FHL US/CAN Film 842590) I tried to maintain spellings and capitalizations as well as I could interpret. Punctuation is very difficult to interpret. Transcribed by Teresa Culver In the Name of God Amen I William Degraff of the Town of Esopus County of Ulster and State of New York being weak in body and laying to heart the Uncertainty of life and the certainty of Death and being of a Sound Disposing mind and Memory do ordain Constitute and Make this my last will and Testament and Devise it may be received by all concerned as such First I give my soul to God and my body to the dust in hopes of Eternal Happiness and a Joyful Resurrection to Glory and as for my worldly estate I will order and Devise it in manner and form following First I Give bequeath and Devse unto my son John Degraff and to his heirs and assigns my Presents Dwelling house and building near the same together with three acres of land where the same stands on to be by him chosen out of my favor(?). Secondly I give bequeath and Devise the Remainder half of my Real Estate lying in the Town of Esopus Comprising of Lands and wood land also to my Son John and to his heirs and assigns forever Thirdly I give and bequeath and dives the falf of all my Real Estate except the three acres with buildings which I have given to my son John unto my four Grand Children being the children of my Son Abram Namely William Van Vliet Ephraim Son Henry Smith Sarah Maria Degraff and to their heirs and assigns forever with this Express condition that my Son Abraham shall have the privilege of if he choses to accept the tillable land for his support During his Natural life time and he shall also have the privilege of procuring his firewood from the wood Land during his Natural life time and in case he will not accept the tillable land I order my Executors herein after named to put the same to use for the benefit of the said four children Fourthly I order that my Executors as soon as my be after my decease that they procure a Surveyor together with two other good men who shall first Run out the three acres with the buildings which I have given to John and afterwards divide the Remainder of my lands in two Equal parts and also this same with my wood lots and then assign our part thereof to my Son John and the other Equal part thereof to the said four children or they may draw for the same as they may last(?) Judge Fifthly I give and bequeath unto my beloved wife Catherine all my household furniture together with the choice of one of my milk cows Sixthly I order and will that all my honest and Just Debts be paid out of the Remainder of my personal property and if anything should Remain after my Debts are paid I give and bequeath the same to my tow Sons. Share and Share alike and in case there should not be Enough to pay my honest Debts if personal property left besides what I have given to my wife than in that case I Empower and order my Executors to sell so much of my Real Estate as will pay the Same Except the three acres which I have given to my Son John and to Execute good and lawful Deeds and Conveyances for so much Lastly I ordain and appoint my son John W. Degraff and my friend Solomon Eckert the lawful Executors of this my last will and Testament Charging them strictly to see it executed according to the true Intent and Meaning thereof. Signed Sealed Published and Declared by the Testators to be his Last will and Testament this thirty first day of January in the year of our Lord one thousand Eight hundred and thirty one And in the presence of us Marinus V. Wheeler, Ebeneser Wheeler Peter R Decker William Degraff L.S. State of New York Ulster Surrogate Court In the matter of proving the last will and Testament of Real and Personal Estate of William Degraff deceased Ulster County ss: Marinus V. Wheeler of the Town of Esopus in the County of Ulster being duly Sworn and examined doth depose and say that this deponent was well acquainted with William Degraff late of the Town of Esopus in the County of Ulster deceased. That this deponent was present as a witness and did see the said William Degraff Subscribe at the end thereof the instrument now produced and shown to this deponent purporting to be the last will and testament of the said deceased bearing date the thirty first day of January in the year of Our Lord One thousand eight hundred and thirty One. That the said testator at the same time declared the instrument so subscribed by him to be his last Will and Testament. That therefore the deponent with Ebeneser Wheeler and Peter R Decker Subscribed his name at the end thereof as a witness thereto at the request of the testator and in his presence; and that the said testator at the time of executing and publishing the said last will and testament was of full age of sound mind and memory in all respects competent to devise real Estate and not under any restraint. Sworn this Eleventh day of April 1831 Before me Marinus V. Wheeler Jon:n D Ostrander Surrogate State of New York Ulster Surrogate Court In the matter of proving the last will and testament of Real and personal Estate of William Degraff deceased Ulster County ss: Ebeneser Wheeler of the Town of Kingston in the County of Ulster being duly Sworn and examined doth depose and say that this deponent was well acquainted with William Degraff late of the Town of Esopus in the County of Ulster deceased. That this deponent was present as a witness and did see the said William Degraff Subscribe at the end thereof this instrument now produced and shown to this deponent purporting to be the last will and testament of the said deceased bearing date the thirty first day of January in the year of Our Lord One thousand eight hundred and thirty One. That the said testator at the same time declared the instrument so subscribed by him to be his last Will and Testament. That therefore the deponent with Marinus Wheeler and Peter R Decker Subscribed his name at the end thereof as a witness thereto at the request of the testator and in his presence; and that the said testator at the time of executing and publishing the said last will and testament was of full age, of sound mind and memory in all respects competent to devise Real Estate and not under any restraint. Sworn this Eleventh day of April Ebeneser Wheeler 1831 Before me Jonathan D. Ostrander Surrogate State of New York Ulster Surrogate Court In the matter of proving the last will and testament of Real and personal Estate of William Degraff deceased Ulster County ss: Peter R. Decker of the Town of Esopus in the County of Ulster being duly Sworn and examined doth depose and say that this deponent was well acquainted with William Degraff late of the Town of Esopus in the County of Ulster deceased. That this deponent was present as a witness and did see the said William Degraff Subscribe at the end thereof the instrument now produced and shown to this deponent purporting to be the last will and testament of the said deceased bearing date the thirty first day of January in the year of Our Lord One thousand eight hundred and thirty One. That the said testator at the same time declared the instrument so subscribed by him to be his last Will and Testament. That therefore the deponent with Ebenezer Wheeler and Marinus V Wheeler Subscribed his name at the end thereof as a witness thereto at the request of the testator and in his presence; and that the said testator at the time of executing and publishing the said last will and testament was of full age, of sound mind and memory in all respects competent to devise Real Estate and not under any restraint. Sworn this Eleventh day of April Peter R. Decker 1831 Before me Jon. D. Ostrander Surrogate Ulster County Surrogate Court Ss: Be it Remembered that on the Eleventh day of April in the year of Our Lord One thousand Eight hundred and thirty One the last will and Testament of William Degraff late of the Town of Esopus in the County of Ulster deceased bearing date the thirty first day of January One thousand Eight hundred and thirty One being the written instrument of the said deceased hereunto annexed was duly proved before the Surrogate of Said Ulster County according to Law as and for the last will and Testament of the Real and Personal Estate of the said deceased which said last will and Teatament and the proofs and examinations taken thereof are recorded in this office. In Testimony whereof the said Surrogate hath hereunto set his hand and affixed his seal of office this Eleventh day of April in the year One thousand eight hundred and thirty one Jon. D. Ostrander Surrogate Ulster County Surrogate Court Ss: Be it Remember that on the sixteenth day of May in the year of Our Lord one thousand Eight hundred and thirty one before the Surrogate of said County of Ulster personally appeared John N. Degraff and Solomon Eckert the Executors of the last will and Testament of William Degraff deceased {word?} and took? And subscribed an oath or affirmation faithfully and honestly to dischrge the duties of such Executors according to Law; and letters testamentary thereon were then and there granted to said executors LS In Testimony whereof the Said Surrogate hath hereunto set his hand and affixed seal of Office this sixteenth day of may in the year One thousand Eight hundred and thirty One Jon: D Ostrander Surrogate Ulster County. Surrogate Office Fs: I certify the preceding to be a true copy of the original will of William Degraff deceased; also of the proof therof taken by me together with the certificate of Probate and of the granting of Letters Testamentary thereon to the Executors named therein all duly accorded Jon: D Ostrander Surrogate