WILL: Alexander Gilchrist; Fort Edward, Washington co., NY surname: Gilchrist, Johnston, Sett, Paige submitted by Ken Smith (ksmith22 at mn.rr.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: September 13,2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 11.6 Kb ************************************************ Source: sampubco.com Washington County Will Book C, Page 245 Written: October 4, 1839 Recorded: October 10, 1843 WILL OF ALEXANDER GILCHRIST I, Alexander Gilchrist, of the Town of Fort Edward in the County of Washington and State of New York, considering the uncertainty of life and wishing to settle all my worldly concerns while of sound mind and memory, so that after my decease, my will and intentions may be carried into full effect and no misunderstanding or disputes arise concerning my heirs. Do make and publish this my last Will and Testament in manner ------ following to wit. That after my decease as soon as may be that my just debts which I may thus owe, and my funeral charges shall be paid from the avails of my personal property or as much thereof as shall be found necessary to pay off and discharge the same and that in case my wife Sarah Gilchrist shall survive me, the residue of my personal property after the payment of my said debts and charges is to be given to my said widow absolutely to be disposed of by her as she may think most proper. And I hereby direct that my wife Sarah Gilchrist shall have from the ----- rents and use of my real estate in the Town of Fort Edward a good and comfortable support suited to her condition in life which shall consist of all necessary house room for her use, proper victuals, clothing, fuel prepared for use ----- ----- and medical attendance in sickness for all of which my real estate is hereby pledged. And I hereby enjoin it upon those of my sons to whom I hereinafter give and devise all my real estate (excepting forty acres hereinafter mentioned) to see that my said wife shall be supported according to my intentions herein before expressed. And in case any difficulty shall arise in relation to the support of my wife the said Sarah, my said sons shall be bound to pay to her the said Sarah the lawful interest annually on the sum of three thousand dollars during her natural life for her support which support of my said wife or in lieu thereof the annual interest on three thousand dollars is to be taken by my wife in lieu of her claims for Dower of or from my real estate and every part thereof the support of my wife being chargeable on that part of my real estate given and devised to my sons but ----- part of forty acres of land which I now own in a patent of land called Bayard's Patent lying in Fort Edward. Secondly- whereas my sons John W. Gilchrist and Alexander Gilchrist Junior having been some time in business for themselves and having heretofore received assistance from me in money to wit to John W. Gilchrist the sum of seven hundred dollars and also other property and privileges amounting to a considerable sum for which he would now be indebted to me but which he is to take as and for all claims and right to any of my property as an heir. And whereas I have at one time given to my son Alexander Gilchrist Junior one thousand dollars and the use of lands and other property which he is to take and consider in lieu of or right to or claim upon my estate as an heir at law, and fully convinced that I have heretofore given to my said sons John W. and Alexander Junior all that would be fairly and equitably their estate proportion to say, and even more in justice to my other children. I have considered that which they have received from me to be in full for their of that portion of my estate which might otherwise fall to their share the amount which they my said sons had ----- to each. The use of forty acres of land respectively for several years and afterwards the ----- arising from the sales of said land which at that time was considered to be all these sons were ever to claim of my estate. Thirdly I give and devise to my son James H. Gilchrist seventy-five acres of land being part of farm lot number one hundred and thirty-six of the ----- patent to be laid off by a line parallel with the north line of Bayard's patent so far north of the said north line of bayard's patent that there shall be included between the south line thereof and the north line of Bayard's seventy-five acres of land from off the south end of said lot No. 136. I also give and devise to my son Walter C. Gilchrist seventy-five acres of land from off the south end of said lot No. 136. I also give and devise to my son Charles M. Gilchrist seventy-five acres of land to be taken off of the part of said lot now owned by me north of the part herein devised to James H. Gilchrist. My intention is that my land in lot No. 136 be divided among my three sons in equal parts, Walter C. taking the south part, James H. the central and Charles M. the north part. I also give and bequeath unto my ----- daughters Margaret, Elvira and Catherine the sum of five hundred dollars each to be paid to them by my sons James, Walter and Charles in proportion and manner following the said James H. to pay my said daughters above named the sum of six hundred dollars and my said sons Walter & Charles the sum of four hundred and fifty dollars each to be paid to my said daughters in five equal annual payments of one hundred dollars to each of my said daughters Margaret, Elvira & Catherine in each year after my decease until they shall each receive the full sum of five hundred dollars from my said sons, to wit, from James H. six hundred dollars and from Walter C. & Charles M. four hundred and fifty dollars each for the payment of said bequests and ----- and for the support of my wife Sarah I hereby make that portion of my real estate herein before divised to James, Walter & Charles chargeable and ----- for the performance --- and payment thereof and on the payment of the said ----- and the support of my wife in the manner herein before stated the said James H. Gilchrist, Walter C. Gilchrist and Charles M. Gilchrist my sons are to have and to hold those parts of lot number 136 now in Fort Edward as herein before devised to them respectively to them and each of them their heirs and assigns forever in fee simple. I also give and bequeath to my three daughters Ann Maria wife of John S. Johnston, Sarah wife of Daniel Sett and Gertrud wife of Asa Paige the sum of four hundred and fifty dollars each to be paid and made out of the avails which may arise from the sale of forty acres of land belonging to me situated and being in the Town of Fort Edward in Bayard's patent which lot or piece of land is to be made chargeable for the payment of the dower of one thousand three hundred and fifty dollars to be made chargeable upon no other part or portion of my estate whatever and in case the said lot of forty acres shall sell for or be worth more than the dower of one thousand three hundred and fifty dollars the amount of the proceeds thereof to be paid to my said three daughters Ann Maria, Sarah and Gertrude then and in such case all the residue and surpluss arising from the sale of said lot over and above that sum I give and bequeath to my daughter Catherine Gilchrist and for the purpose that this my last Will and Testament may be carried into effect according to my intentions and reposing especial trust and confidence in the honesty and integrity of Joseph DeWolf of the Town of Fort Edward and Alexander Gillis of the Town of Argyle, both in the County of Washington, do constitute and appoint the said Joseph DeWolf and Alexander Gillis executors of this my last Will and Testament and administration of all and singular, my debts, credits and personal property with power and authority to do all and singular such acts pertaining to this my last Wil and Testament which or may be required by law and also give and grant to my said executors power and authority to sell and dispose of the said forty acres of land chargeable with the bequest to my daughters Ann Maria Johnston, Sarah Sett and Gertrud Paige and give deeds for the same and apply the proceeds arising from the sale thereof as I have herein before directed. I witness thereof I have hereto set my hand and seal this Fourth Day of October in the Year of Our Lord One Thousand Eight Hundred and Thirty-nine. (on third page the words "and fifty" inserted) On the 4th Day of October in the Year of Our Lord 1839 Alex. Gilchrist ss Alexander Gilchrist of Fort Edward, a person of sound Mind and memory subscribed his name above in our Presence and declaired the above paper or instrument Of two sheets to be his last Will and Testament andRequested us to place our names hereto as subscribing Witnesses Milton E. Shaw residence Fort Edward Walter Rogers Fort Edward Washington County Surrogates Office I John C. Parker, Surrogate of said county, do certify the foregoing to be a correct record of the Last Will and Testament of Alexander Gilchrist, late of the Town of Fort Edward in the County of Washington, deceased, proved before me as a will of real and personal estate and recorded hereinwith to probate the 10th day of October, A. D. 1843 J. C. Parker Washington County Surrogates Court................Testimony In the matter offering the will and Testament of Alexander Gilchrist of Fort Edward deceased Washington County, Milton E. Shaw and Walter Rogers of Fort Edward in the County of Washington, being first duly sworn in open court, do solemnly depose and say that they as subscribing witnesses to the last will and testament of Alexander Gilchrist of the Town of Fort Edward in the County of Washington, deceased. And these deponents further say that the said Alexander Gilchrist , the said Testator, 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 Alexander Gilchrist and which bears date on the Fourth day of October in the Year of Our Lord One Thousand Eight Hundred and Thirty-nine. And these deponents further say that the said Alexander Gilchrist, 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 so subscribed and now exhibited to be his last will and testament and these deponents did thereupon ----- names at the end of the said will as attesting witnesses thereof at the request of said testator and in his presence. And these deponents further say that at the said time when the said testator subscribed his name to the said will as aforesaid the said Alexander Gilchrist was of sound mind and memory, of full age to execute a will and was not under any restraint to the knowledge, information and belief of said deponents Sworn ans subscribed this 10th M. E. Shaw October 1843 before me J. C. Parker, Surrogate Walter Rogers Washington County Surrogates Office I, John C. Parker, Surrogate of said County, do certify the foregoing to be a correct record of the testimony taken by me on proving the last will and testament of Alexander Gilchrist late of Fort Edward, Washington County, deceased. On admitting the said will to probate as a will of real estate and to record as a will of real estate and recorded this tenth day of October, A. D. 1843 J. C. Parker