Deed & Wills
[Transcribed from SAMPUBCO COPY
by Bruce and Meredith Smith, 1 December 2005]
Will Book, German Town Vol. N, page 778.
Record of the last will and testament of John Smith late of the Town of Germantown in the County of Columbia deceased as a will of real and personal estate with the proofs taken in the court of the Surrogate of the County of Columbia in relation thereto.
Be it remembered that heretofore to wit on the 20th day of January 1868 Andrew Sagendorph the Executor named in the last will and testament of John Smith late of Columbia County deceased appeared in open court before the Surrogate of said County and made application to have the said last will and testament which relates to both real and personal estate proved and on such application the said Surrogate did ascertain who were the heirs and next of kin of said testator and their respective residences and said Surrogate did issue a citation in due form of law directed to said heirs and next of kin by their respective names stating their respective places of residences requiring them to appear before the said Surrogate at his office in the City of Hudson on the 9th day of March 1868 to attend the probate of the said will, and afterwards on the 9th day of March 1868 a further citation was issued in due form of law requiring said heirs and next of kin to appear before said Surrogate at his office in the City of Hudson on the 18th day of May 1868 and proceedings were adjourned until said time and afterward on the 18th day of May 1868 satisfactory evidence by affadavit was produced and presented to said Surrogate of the service of the citation in the mode prescribed by law and the proceedings were adjourned from day to day until this time when the said Surrogate took the proof of said will hereinafter set forth upon this 8th day of June 1868 and he adjudged the said will to be a valid will of real and personal estate, and the proofs are as follows, that is to say,
I John Smith of the Town of Germantown County of Columbia do make this my last will and testament in manner following hereby revoking all former wills by me made. First. I do hereby nominate constitute and appoint Andrew Sagendorph of Germantown Executor of this my last will and testament.
Secondly. I order and direct my said Executor to pay all my just debts and funeral expenses out of my estate.
Thirdly. I give devise and bequeath unto my two sisters Louisa wife of John Swartz of Grienwinkle County of Weltzheim State of Wittenburgh Germany and to my sister Rachael wife of John Krouter County of Lowdenbock State of Wittenburgh Germany all my estate real and personal that I may leave at my death share and share alike, to have and to hold the same to them their heirs and assigns forever.
Lastly. If I do not sell my real estate in my life time then I authorize and hereby empower my Executor to sell the same at the best price he can obtain and to divide the avails after paying all costs and expenses between my two sisters above named share and share alike.
In Witness Whereof I have hereto set my hand and seal this 22nd day of April AD 1867.
Signed sealed published and declared by the testator John Smith and as and for his last will and testament in presence of each of us who have signed at the request of the foresaid testator and in his presence and in the presence of each other.
Chas Esselstyn of Hudson Col. Co. NY
John C. Hogeboom of Hudson Col. Co. NY
Charles Esselstyn and John C. Hogeboom each of the City of Hudson in the County of Columbia being first sworn in open court on their oaths do depose and say that they are the subscribing witnesses to the instrument now shown to them purporting to be the last will and testament of John Smith late of the Town of Germantown in the County of Columbia aforesaid deceased and bearing date on the 22nd day of April AD 1867 that the deponents signed their names as witnesses to said instrument at the request and in the presence of said John Smith and in the presence of each other. That the deponents saw the said John Smith execute the said instrument and heard him declare the same to be his last will and testament at which time the said John Smith was upward of twenty years of age of sound mind and memory and not under restraint to the knowledge or belief of these deponents that the said John Smith is now dead & was at the time of his death an inhabitant of the Town of Germantown County of Columbia State of New York.
Jno C. Hogeboom
Subscribed & sworn to in open court before me this 18th day of May 1868
H. W. McClellan Surrogate
Recorded in the preceding last will and testament late of Columbia County deceased as a will of real and personal estate with the proofs taken in the court of the Surrogate of the County of Columbia relating to said will which record is hereby signed and certified by me pursuant to the provisions of the revised statutes this 8th day of June 1868.
H. W. McClellanSurrogate