Monday, April 13, 2015

Amanuensis Monday: 1829 Will of James G Taylor of Freehold, New Jersey

WILL OF JAMES G TAYLOR
Of Freehold, Monmouth County, New Jersey, United States
Signed August 15, 1829
Proved February 18, 1836
Monmouth County, New Jersey, Wills, Volume D, pages 11-15


James G Taylor’s Will & c.

I, James G Taylor, of the township of Freehold, in the County of Monmouth and State of New Jersey in the year of our Lord one thousand eight hundred and twenty nine and on this fifteenth day of August do make and publish this my last will and testament in manner and form following and under the Limitations and Restrictions hereinafter expressed (that is to say) it is my Will and I do order and direct that my Executor hereinafter named do pay all my just and lawfull debts and funeral carges likewise the Legacies and specificks gifts hereinafter mentioned in the manner in which I shall hereafter describe and in order to enable him so to do I do hereby autherise and empower him to collect all my debts and dues whatsoever and to sell all my moveable estate not hereinafter disposed of by specificks gifts.

First Item.  I give and bequeath unto my beloved wife Sophia Taylor the use during her natural life of my desk and clock in the South Room and Burough in the North Room and after my beloved Sophia Taylor’s decease my Will is and I do give and bequeath the aforesaid Desk, Clock and Burough to my Brother John Taylor’s two sons namely James Taylor and John Taylor to them their heirs and assigns forever.  Also I give and bequeath unto my beloved wife Sophia Taylor one large Dineing Dineing Table, one Tea Table in the North Room also as many Sitting Chairs as she my said Wife pleases to take, also the two Carpets also her choice of one Bed Curtains Bedstead Beding and Cord such as she my said wife shall think sufficient to clothe said Bed with also one pair of tongs and shovel one pair of brass candlesticks also two looking Glasses also two diaper table cloths two diaper towels six sheets six pillow cases also her choice of one of my cows to her her heirs and assigns forever and further I give unto my beloved wife the privilege of keeping one cow on my farm and said cow to be found both paster and foder on said farm at the expence of those whom I shall hereafter bequeath my farm I now live on and further I give to my beloved wife the use of one more Bed, Beding Curtains, Bedstead and Cord such as she my said wife shall make choice of during her natural life and after my said wife decease my Will is and I do give and bequeath the said Bed wich my said wife is to have the use of during her natural life together with the beding curtains bedstead and Cord unto my Brother John Taylors son James Taylor and to his heirs and assigns forever.  Also I give and bequeath unto my beloved wife the use of my covered wagon I bought of Garret G. Vanderveer during her natural life and after my said wife decease my will is and I do give and bequeath the said wagon unto my Brother John Taylors two sons namely James Taylor & John Taylor and to them their heirs and assigns forever and further my Will is and I do bequeath unto my beloved wife Sophia Taylor the sum of One Hundred Dollars yearly and every year during her natural life to be paid to her my wife by those to whom I shall hereafter bequeath my Farm or plantation I now live on and for the Security of this yearly legacy out of my Landed Estate to my said wife or for its nonpayment I do make my Landed Estate liable to the Seizine of my beloved wife for this yearly legacy which I give in lieu of her right of Dower and further I give and bequeath unto my beloved wife the use of the two South Rooms in my house below Stairs and the South Room upstairs during her natural life, also the further use of the Kitchen and Milk Room, also fire wood sufficient for her use and the wood to be cut and carted to her dore at the expence of those to whom I shall hereafter bequeath my Farm during her natural life.

Item.  I give and bequeath unto my Brother John Taylors two sons namely James Taylor and John Taylor and to their heirs and assigns forever my Farm or plantation I now live on equally between them but this bequest is upon the following condition (that is to say) that they the said James Taylor and John Taylor are to pay to their Aunt Sophia Taylor my said wife the above described yearly legacy of One Hundred Dollars per year out of my Landed Estate and further the said James Taylor and John Taylor are to furnish to my said wife, firewood pasture and foder as before described.

Item.  I give and bequeath unto my colord man named Lawrence the sum of One Hundred and Fifty Dollars to him his heirs and assigns forever, payable as follows, (that is to say) twenty five dollars in one year after my decease and twenty five dollars yearly after the first payment untill the whole sum be paid of one hundred and fifty dollars unto my colored man Lawrence this legacy I do also make my Landed Estate liable for and to be by my Brother John Taylors two sons namely James Taylor and John Taylor to whom I have bequeathed my Farm paid.  Also I give and bequeath unto my colored man Lawrence one hen feather bed, beding pillow bedstead and cord to him his heirs and assigns forever.

Item.  I give and bequeath unto my colored woman named Stacy forty five dollars out of my Landed Estate payable as follows, that they the said James & John Taylor sons of my Brother John Taylor shall pay out of my Landed Estate that I have bequeathed unto the said James & John Taylor, the sum of fifteen dollars in two years after my decease, and the further sum of fifteen dollars in two years after the first payment and the further sum of fifteen dollars in two years after the second payment unto my colored woman named Stacy, also I give and bequeath unto my colored woman named Stacy one hen feather bed beding pillows bedstead & cord to her her heirs and assigns forever.

Item.  I give and bequeath unto my Sister Elenor Imlay son Joseph Imley and to his heirs and assigns forever the sum of One Hundred Dollars to be paid out of my Landed Estate that I have bequeathed unto James & John Taylor sons of my Brother John Taylor and by them paid when he the said Joseph Imley shall arrive at the age of twenty one years old.

Item.  I give and bequeath unto my sister Elenor Imleys Daughter Eupamy Walling and to her heirs & assigns forever the sum of fifty dollars to be paid to her by my Brother John Taylors two sons namely James Taylor and John Taylor in two years after my decease out of the Landed Property that I have bequeathed the said James and John Taylor.

Item.  I give and bequeath unto my Brother John Taylors six children namely Mary Taylor, William Taylor, George Taylor, Elizabeth Taylor, Sarah Taylor, and Lydia Taylor to them their heirs and assigns forever the sum of One thousand Dollars out of my moveable property and after the following manner to Mary Taylor I give and bequeath one hundred Dollars out of the one thousand.  To William Taylor I give and bequeath the sum of four hundred dollars of the one thousand.  To George Taylor I give and bequeath four hundred dollars of the one thousand.  And to Elizabeth Taylor, Sarah Taylor and Ludia Taylor I give and bequeath one hundred dollars equally between the three namely, Elizabeth, Sarah, and Lydia Taylor.  But these several legacies that I have bequeathed unto my Brother John Taylor six children namely Mary, William, George, Elizabeth, Sarah and Lydia to be kept at interest by my Executor and for each of the above named children only to receive their respective legacies as they may arrive to lawfull age and the interest that may grow out of these several legacies before the aforesaid six children shall be entitled to receive their respective legacies by the words of my Will I give and bequeath unto my Brother John Taylor and to his heirs and assigns forever.

Item.  I give and bequeath unto my sister Hannah Smith six children the sum of four hundred and fifty dollars after the following manner.  My Will is and I do give and bequeath unto Sidney Smith, son of my sister Hannah Smith, the sum of One Hundred Dollars out of the four hundred and fifty dollars to him, his heirs and assigns forever.  Also I give and bequeath unto Julyan Smith, daughter of my sister Hannah Smith, the sum of fifty dollars out of the four hundred and fifty dollars to her, her heirs and assigns forever.  Also I give and bequeath unto Holmes Smith, son of my sister Hannah Smith, the sum of one hundred dollars out of the four hundred and fifty dollars to him, his heirs and assigns forever.  Also I give and bequeath unto Sophia Smith, daughter of my sister Hannah Smith, the sum of fifty dollars out of the four hundred and fifty dollars to her, her heirs and assigns forever.  I also give and bequeath unto George Smith, son of my sister Hannah Smith, the sum of one hundred dollars out of the four hundred and fifty dollars to him, his heirs and assigns forever.  Also I give and bequeath unto my sister Hannah Smith daughter Hannah Smith the sum of fifty dollars out of the four hundred and fifty dollars to her, her heirs and assigns forever.  These several legacies to be paid by my Executor out of my moveable Estate to the above named children of my sister, Hannah Smith, as soon as they shall arrive to lawfull age.  And further these several legacies left to my sister Hannah Smiths children to be kept at interest by my Executor untill each of my sister Hannah Smiths childs share shall become due according to the words of my Will and the interest that may grow out of these several legacies left my sister Hannah Smiths children before they become due to said children according to the words of my Will I give and bequeath unto my sister Hannah Smith and to her heirs and assigns forever, and further this Interest to be paid to her my sister yearly.

Item.  I give and bequeath unto my sister Elizabeth Taylor the sum of twenty five dollars out of my moveable Estate to her her heirs and assigns forever to be paid to her in one year after my decease.

Item.  I give and bequeath unto my sister Rachel Taylor the sum of twenty five dollars to be paid to her in one year after my decease out of my moveable property to her her heirs and assigns forever.

Item.  I give and bequeath unto my Brother George Taylors son James Taylor at my decease all that bond & mortgage I hold against the estate of my Brother George Taylor dec’d. conditioned for the payment of eight hundred dollars to him his heirs and assigns forever.

Item.  I give and bequeath unto my Brother Edward Taylor all that bond and mortgage I hold against him at my decease conditioned for the payment of four hundred dollars to him his heirs and assigns forever, and further I give and bequeath unto my Brother Edward Taylor and to his heirs and assigns forever all the residue and remainder of my personal estate not before disposed of to him his heirs and assigns forever and all my wearing apparel my Will further is that it be equally divided between my two Brothers namely John Taylor and Edward Taylor.  And Lastly I do nominate constitute and appoint John W Holmes my Executor to execute this my last Will and Testament.

In Witness Whereof I the said James G Taylor have hereunto set my hand and seal the day and year first above written.  ---James G Taylor (L. S.)

Note the word dollars was interlined before sealing this instrument.

Signed Sealed and Delivered by the Testator as his last Will and Testament in presence of us.
Spafford Bowne
H. P. Conover
Ann Van Brakle

Hendrick P. Conover & Spafford Bowne, two of the witnesses to the within Will, being duly sworn according to law, did severally depose and say that they saw James G Taylor, the Testator therein named, sign and seal the same and heard him publish pronounce and declare the annexed writing to be his last Will and Testament and that at the doing thereof the said Testator was of sound and disposing mind and memory as far as these deponents know and as they verily believe and that Ann Vanbrakle, the other subscribing evidence, was present at the same time and signed her name as witness to the said Will together with these deponents in the presence of the said Testator and of each other.
H. P. Conover
Spafford Bowne
Sworn and subscribed before me this 18th day of Feby. A.D. 1836.  Henry D. Polhemus, Surrogate.

John W. Holmes, the Executor in the within Testament named, being duly sworn according to law, did depose and say that the annexed instrument contains the true last Will and Testament of James G. Taylor, the Testator therein named, as far as he knows and as he verily believes that he will well and truly perform the same by paying first the debts of the said deceased and then the legacies in said Will specified so far as the goods, chattels and credits of the said deceased can thereunto extend, and that he will make and exhibit into the Surrogate’s Office of the County of Monmouth a true and perfect Inventory of all and singular the goods, chattels and credits of said deceased that have or shall come to his knowledge or possession or to the possession of any other person or persons for his use and render a just and true account when thereunto lawfully required.
John W. Holmes
Sworn and subscribed before me this 18th day of Feby A.D. 1836.  Henry D. Polhemus, Surrogate

I, Henry D. Polhemus, Surrogate of the County of Monmouth, do certify the annexed to be a true copy of the Last Will and Testament of James G. Taylor, late of the County of Monmouth, deceased, and that John W. Holmes, the Executor therein named proved the same before me and is duly authorized to take upon himself the administration of the Estate of the Testator agreeably to the said Will.
Witness my hand and seal of office at Freehold, this eighteenth day of February in the year of Our Lord One Thousand eight hundred and thirty six.






Monday, April 6, 2015

Amanuensis Monday: 1835 Will of George Taylor of Freehold, New Jersey

WILL OF GEORGE TAYLOR, SENIOR
Of Freehold, Monmouth County, New Jersey, United States
Signed January 8, 1835
Proved February 19, 1835
Monmouth County, New Jersey, Wills Volume D, pages 450-452

Renunciation
To all whom it may concern.  Whereas George Taylor Sen. in the County of Monmouth in the State of New Jersey deceased in and by his last Will and testament bearing date the 8th day of January AD 1835 did nominate and appoint me the Subscriber one of the Executors of the same, Now Know ye that for divers good causes and considerations me thereunto moving, I have renounced and do hereby renounce the said Executorship and the Execution of the said Will and testament and do hereby refuse to take on myself the bother of the same.  In testimony whereof I have hereunto set my hand and Seal this 9th day of Feby AD 1835.  Witness present J M Hartsham, John G Taylor

Will
In the name of God Amen.  I George Taylor Senior of the Township of Freehold in the County of Monmouth and State of New Jersey, being advanced in years, but of sound and disposing mind and memory blessed be God therefore & calling to mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my last Will and Testament in manner and form following that it is to say.

Impremis.  I give and recommend my Soul to God who gave it and my body to the earth from whence it came, to be buried in a Christian and decent like manner by my Executors hereinafter named, nothing doubting but at the General Resurrection to receive the same again by the mighty Power of God.  And as touching such worldly Estate wherewith it hath pleased God to bless me, I give bequeath and devise as follows, to wit.

Item.  It is my will and I do order that all my just debts and funeral Expenses be duly paid and Satisfied as soon as can be after my decease.

Item.  I give and devise unto my son Edward Taylor all my lands tenements hereditaments and Real Estate whatsoever and wheresoever to have and to hold to him his heirs and assigns forever, subject however to the charges and incumbrances herein after charged upon the same.

Item.  I give and devise and bequeath unto my daughter Elizabeth Taylor the use and enjoyment of part of the house wherein I now live to wit, the Kitchen next to the Barn and the room next adjoining said Kitchen and the pantry, to have and to hold to her during her natural life.

Item.  I give and bequeath unto my said daughter Elizabeth Taylor one cow her choice to be pastured and wintered by my son Edward Taylor.  I also give and bequeath unto my said Daughter Elizabeth Taylor her mothers Bed and Bedding and all the furniture belonging thereto my Desk and Dining Table Standing in the Room she is to occupy.  I also give unto her the said Elizabeth Taylor as much of the household furniture as will be necessary for her to keep house with.  I give and bequeath unto my said Daughter Elizabeth Taylor her support and maintenance of the farm bequeathed to my son Edward Taylor, and I do order and it is my will that my son Edward Taylor shall furnish her with everything necessary for her comfortable support and maintenance such as fuel meat drink all other necessaries to make her comfortable during her life.

Item.  I give and bequeath unto my Daughter Rachel Andrews my Dutch Cupboard.

Item.  It is my will and I do order all the remainder and residue of my personal Estate not herein before disposed of, to be sold as soon after my decease as conveniently can be by my Executors herein after named and after paying my debts and funeral expences and other necessary charges.  It is my will that the monies arising therefrom be equally divided among all my children.  Share and share alike to wit, James Taylor, John Taylor, Edward Taylor, Elizabeth Taylor, Hannah Smith, Rachel Andrews, the children of George Taylor, and the children of Eleanor Embly, the children of George & Eleanor to have their parents share.

And Lastly I do nominate and appoint my two sons Edward Taylor and John Taylor to be the Executors of this my last Will and Testament, hereby revoking and annulling all other Wills by me heretofore made, and confirming this to be my last Will and Testament.

In witness whereof I have hereunto set my hand and seal this Eighth day of January in the year of our Lord one thousand eight hundred and thirty five.   --- George Taylor Senior

Signed Sealed published pronounced and declared by the said George Taylor Sen to be his last will and testament in the presence of us who have signed our names as witnesses thereto in the presence of each other and of the testator.  --- J M HartshamHendrick W SicklesHendrick I Sickles.

Henry W Sickles and Hendrick I Sickles, two of the witnesses to the within will, being duly sworn according to Law, did Severally depose and say that they saw George Taylor Senior, the testator therein named, sign and Seal the same and heard him publish, pronounce and declare the annexed writing to be his Last Will and testament, and that at the doing thereof the said testator was of sound and disposing mind and memory as far as these deponents know and as they verily believe and that James M Hartsham, the other subscribing evidence, was present at the same time and signed his name as witness to the said will, together with these deponents in the presence of the said Testator and of each other.
--- Hendrick W Sickles, his mark.  Hendrick I Sickles.
Sworn and Subscribed before me this 19th day of February AD 1835.  Henry D Polhemus, Surrogate.

Edward Taylor, one of the Executors in the within testament named, being duly sworn according to Law, did depose and say that the annexed instrument contains the true last will and testament of George Taylor Senior, the testator therein named, as far as he knows, and as he verily believes, that he will well and truly perform the same, by paying first the debts of the said deceased, and then the Legacies in said will specified, so far as the Goods, Chattels and Credits of the said deceased can thereunto extend and that he will make and Exhibit into the Surrogates Office of the County of Monmouth, a true and perfect Inventory of all and singular the Goods, Chattels, and Credits of said deceased that have or shall come to his Knowledge, or possession or to the possession of any other person or persons for his use and under a just and true account when thereunto lawfully required.
Edward G Taylor.
Sworn and subscribed before me this 19th day of Feby AD 1835.  –Henry D Polhemus Surrogate

I, Henry D Polhemus, Surrogate of the County of Monmouth, do certify the annexed to be a true copy of the last will and testament of George Taylor Senior, late of the County of Monmouth, deceased, and that Edward G Taylor, one of the Executors therein named, proved the same before me and is duly authorized to take upon himself the administration of the Estate of the Testator agreeably to the said will.
Witness my hand and seal of Office at Freehold this nineteenth day of February in the year of our Lord one thousand eight hundred and thirty five.




Monday, March 30, 2015

Amanuensis Monday: 1782 Will of Jacob Duryee of New York City

WILL OF JACOB DURYEE
of the City of New York
Signed January 28, 1782
Proved August 12, 1782
New York County, New York:  Will Liber 35, Pages 55-58

His Excellency James Roberston Esquire, Captain General and Governor in Chief in and over the Province of New York and the Territories depending thereon in America, Chancellor, and Vice Admiral of the same, and Lieutenant General of his Majestys Forces.

To All to whom these Presents shall come or may in any wise concern.  Sendeth Greeting.

Know ye that at the City of New York on the day of the date hereof, before Gary Ludlow Esquire thereunto Delegated and appointed, the last Will and Testament of Jacob Durye, Deceased, (a Copy whereof is hereunto annexed), was proved and is now approved and allowed of by me; and the said Deceased, having whilst he lived and at the time of his Death, Goods Chattels and Credits within this Province, by means whereof the proving and Registring the said Will, and the granting Administration of all and singular the said Goods Chattels and Credits, and also the Auditting allowing and final discharging the account thereof doth belong unto me; The administration of all and singular the Goods Chattels and Credits of the said Deceased, and any way Concerning his will, is granted unto Thomas Stagg and Harry Peters, two of the Executors in the said will named, who are duly sworn well and faithfully to administer the same, and to make and Exhibit a true and perfect Inventory of all and Singular the said Goods Chattels and Credits, and also to tender a Just and true account thereof when thereunto Required.  In Testimony whereof I have Caused the Prorogative Seal of the Province of New York to be hereunto affixed at Fort George in the City of New York the Twelfth day of August One thousand seven hundred and Eighty two. --- Jam Bayard Jun

In the Name of God, Amen.  I, Jacob Duryee, of the City of New York, being of sound disposing mind and memory, blessed be God therefore, Calling to mind the Mortality of my Body and that it is appointed for all men once to die, do make and ordain this my last will and Testament in manner and form following.

Principally and first of all, I give and recommend my immortal Soul into the hands of Almighty God that gave it me; and my Body to the Earth to a decent Christian Burial, nothing doubting but at the General resurrection, I shall receive the same again by the mighty Power of God; and as touching such worldly Estate wherewith it has pleased God to bless me with in this life, I give and Devise in the following manner and form.

Item.  I will that all my Just Debts and Funeral Charges be first of all duly paid and satisfied by my Executors herein named.

Item.  I give and bequeath unto my Dearly beloved wife, Sarah, the full and Sole use and benefit of my Estate, real and personal, to be by her enjoyed so long as she remains my widow, she maintaining and providing for my young and unmarried Children, and Committing no waste therein.

Item.  If my well beloved wife Sarah should compleat a second marriage in that case I give and bequeath unto my Dearly beloved wife Sarah, the full use of, that is to say, the full Interest of Two hundred pounds Currant money of New York, also the full use of one Compleat Bed and Furniture, one Silver milk pot, one Silver Sugar pot, one Teatable, one set of China, six Silver Teaspoons, four Silver Table Spoons, one large looking Glass, one Cubboard of Cloaths Press to hold to her during her natural life and this I give her in full Barr of all Claim and Demand she my said Wife may or can make to or on my Estate, Real or Personal, for her Right of Dower.

Item.  I give and bequeath unto my Son Jacob, for his Birth right, the sum of One hundred pounds Currant money of New York, also my Silver Tankard, silver watch and all my wearing apparel, also my Negro Boy Jack.

Item.  Whereas my Eldest Daughters Catherine and Mary have each had an Outset, of the Value of One hundred and thirty pounds Each outset, I will and Order that every one of my Children that are unmarried at my Decease may have the Sum of one hundred and thirty pounds for their outset each paid to them out of my Estate by my Executors at their marriage or when they arrive at the age of Twenty one years.

Item.  I give an bequeath unto my Daughter Sarah, after the death of my beloved wife Sarah, my Negro wench Clarin, also one cloaths press, but if my Daughter Sarah dies without heir, I will that the said Negro wench and cloths press be sold, and the monies equally divided among my other Children or their Heirs.

Item.  If my son Jacob should want money to put himself into Business, I do order and desire my Executors to give him every prudent assistance out of my Estate.

Item.  I do will and order that after my Decease at some convenient time at the discretion of my Executors, all my Estate, Real and personal, be sold by my Executors and the monies arising from the sale thereof be by my Executors divided into seven equal parts.

Item.  I give an bequeath unto my Daughter Sarah a double portion, or two seventh equal parts of all my Estate, real and personal, and this double portion I give her in consideration of her helpless Condition.  Also I give and bequeath unto my beloved Children, Catherine, Mary, Magdalena, Jacob and Jain, each one Equal seventh part of my Estate, real and personal, to them, my said Children, Sarah, Catherine, Mary, Magdelena, Jacob, & Jain, in the parts proportions before Expressed, to their Heirs and assigns for ever; Nevertheless if any of my said Children should die before the marry and under the age of Twenty One years without heirs, I direct that their share part or parts be equally divided among my Surviving Children or their Heirs.

Item.  Whereas I have paid or advanced for my Daughter Catherine Forty pounds, I will and direct that the same Sum may be dedicated out of the portion coming to my Daughter Catherine by this my will.

Item.  I do hereby authorize my Executors hereafter named to sell and dispose of all my Estate, real and Personal, and to give Good and Sufficient Deed or Deeds of Conveyance for the same and the Monies arising from Such Sale to be divided and disposed of among my said Dearly beloved Children, Sarah, Catherine, Mary, Magdalena, Jacob and Jain, in the manner and form before mentioned, and if in Case any of my said Children shold at the Time of Such Sale, be under the age of Twenty one years and unmarried, I will and Order that in that case the part or portion of such Child or Children coming to him or them by this my Will and Testament, be by my Executor hereafter named out to Interest on Good Sufficient Land Security for the benefit of such Child or Children untill such Child or Children shall marry or attain the age of Twenty One years.

Lastly I ordain constitute and appoint my Dearly Beloved Wife Sarah, and my Son in Law Thomas Stagg, my beloved Son Jacob Duryee and my Nephew Johannis Norestrant and Harry Peters, Executors of this my last Will and Testament, and I do hereby disanul and revoke all and Every other Will, Testaments Legacies and Executors by me at any time below named willed and bequeathed, ratifying and Confirming this my last Will and Testament.

In Witness whereof I have hereunto set my hand and affixed my Seal, this the Twenty Eight Day of January in the year of Our Lord one thousand and seven hundred and Eighty two.
Jacob Durye LS  Signed Sealed published and declared by the said Jacob Duryee, as his last Will and Testament, in the presence of us, who in his presence and in the presence of each other have hereunto subscribed our names.
The word (Sarah) between Fifth and sixth line of second page, being first interlined and the word (and) in third page being first obliterated, and (Johannis Norestrant) first Interlined.
Abrm Polhemus, Danl Van Vlack, Richd Fletcher.

City and County of New York
Be it Remembered that on the Twelfth day of August one thousand seven hundred and Eighty two, personally appeared before me Gary Ludlow, Surrogate for the City and Province aforesaid, Daniel Van Vlack of the City of New York, Cordwainer, who being duly sworn on his oath declared that he saw Jacob Durye sign and Seal the before Written Instrument, purporting to be the will of the said Jacob Durye, bearing date the Twenty Eighth day of January last, and heard him publish and declare the same as and for his last Will and Testament.  That at the Time thereof he the said Jacob Durye, was of sound disposing mind and memory to the best of the Knowledge and belief of him the deponent, and that his name subscribed to the said Will, is of his own proper handwriting which he subscribed as a witness thereto in the Testators presence.  And that he the Deponent likewise saw Abraham Polhemus and Richard Fletcher the other Witnesses to the said Will subscribe their names as witnesses thereto in the Testators presence.
Gary Ludlow, Surr








Monday, March 23, 2015

Amanuensis Monday: 1836 Lease of 309 Spring Street in New York City

Deed Book for New York County (State of New York)
Liber 362.  Pages 294 and 295.
  
This is to Certify that I have this twelfth day of February 1835 Let and rented unto John H Duryea the house now occupied by him No 309 Spring Street with the agreement that should the house be burnt down a new one shall be erected with all proper speed and if it shd be partially destroyed it shall be repaired should it be necessary to erect a new building said John H Duryea is not to pay rent while it is building with the appurtenances and the sole and uninterrupted use and occupation thereof for the term of five years to commence the first day of May 1835 at the yearly rent of five hundred & fifty dolls and City taxes payable quarterly.  Thos Van Zandt witness Ledyard Avery.  City and County of New York.  SS.  On the eighteenth day of June 1836 before me came Ledyard Avery proven to my satisfaction to be the individual who is the subscribing witness to the within Lease by the oath of George Cregier who being by me sworn said that he resides in the City of New York and that he knew him to be such person & the said Ledyard Avery being by me sworn said that he was present and saw Thomas Van Zandt to him known to be the individual described in and who executed said Lease sign and execute the same that he subscribed his name as a witness thereto and that he resides in the City of New York.  Wm G Wood, Commissioner of deeds, N.Y.
Recorded the preceding at the request of S. C. Duryea the 30th day of June 1836, at 1/4 past 3 P.M.
Wm H Burn, Rg

Know all Men by these presents that we Sarah M Duryea executrix & Van Rensalear Terry, Executor, of the last Will & Testament of John H Duryea, late of the City of New York, grocer, deceased, for the consideration of the sum of Seven hundred Dollars to us in hand paid by Stephen C Duryea & John Place, both of said City, grocers, the receipt whereof is hereby acknowledged, have bargained sold assigned transferred and set over and by these presents do bargain sell assign transfer & it over unto them, the said Stephen C Duryea & John Place, their executors administrators & assigns.  All that certain agreement or Lease which is hereunto annexed for the house No. 309 Spring Street in said City lately occupied by the said John H Duryea, deceased, which said Lease bears date the twelfth day of February one thousand eight hundred & thirty five & was made & executed by one Thomas Van Zandt to the said John H Duryea for the term of five years from the first day of May 1835 at the yearly rent of Five hundred & fifty dollars & City taxes payable quarterly together with all the right title & interest of the said John H Duryea at the time of his death & if us the said Executrix & Executor as aforesaid since that time of in & to the said leasehold premises & every part & parcel thereof with the appurtenances To Have and To Hold the said assigned premises unto them the said Stephen C Duryea & John Place their executors administrators and assigns as fully to all interests & purposes as we have a right to assign & convey the same from the first day of May last for & during all the rest residue & remainder of the said term of years in & by the said agreement or Lease mentioned & described Subject however to the payment of the City taxes on said house & the annual rent of five hundred & fifty dollars during the remainder of said term to the said Thomas Van Zandt, his heirs or assigns as in & by said Lease is reserved and contained which said rent and taxes are to be paid by them the said Stephen C Duryea & John Place, their executors and administrators & assigns.

In Witness whereof we the said Executrix & Executor have hereunto set our hands & seals the twenty third day of June in the year of our Lord one thousand eight hundred and thirty six.  Sarah M Duryea, Exectr (LS).  Van Rensselaer Terry, Execr (LS).

Sealed & delivered in the presence of the word "Annual" or 2d page being interlined.
Witness John Orser.  State of New York City & County of New York.  SS.
On the 30th day of June AD 1836 personally came before me John Orser, the subscribing witness to the foregoing instrument, to me known, who being by me duly affirmed, did depose and say that he resides in the said City that he knows Sarah M Duryea and Van Rensselaer Terry, the persons described in and who executed the said Instrument that they acknowledged severally in his presence, that they executed the same for the uses and purposes therein mentioned, and that he thereupon became a subscribing witness thereto.  Daniel J Parker, Com of deeds.
Recorded the preceding at the request of S C Duryea the 30th day of June 1836 at 1/4 past 3 PM.
Wm H Burn, Rg




Monday, March 16, 2015

Amanuensis Monday: 1836 Will of John H Duryea of New York City

WILL OF JOHN H DURYEA
of New York City
Written April 13, 1836
Proved May 17, 1836
New York County, New York, Will Book 75: 88-91; Surrogate's Court


Know all men by these presents that I, John H Duryea, of the City of New York, Grocer, being of sound disposing mind, memory, and understanding, Do make, publish and declare, this my last will and testament, in manner and form following, that is to say;

First, It is my will, that all my just debts and funeral expenses shall be paid out of my Estate by my  Executor and Executrix hereinafter named, as soon as conveniently may be after my decease.

Secondly, I give and bequeath unto my beloved wife, Sarah M Duryea, all my household furniture, Books, and pictures, of whatever name and description, situate and being in the house where I now reside.

Thirdly, I request and direct my said executor and Executrix, without delay after my decease, to collect in all outstanding debts due to me, and to convert all my Estate except the Household furniture, Books, and pictures, above mentioned, into cash and divide the same, including all the monies which shall belong to me, arising from the sale of the Real Estate of my late father, Garrit S Duryea and which is now advertized for sale under a Decree of the Court of Chancery, into three equal parts; one third part whereof, I give and bequeath unto my said Wife, to be at her absolute disposal; and the other two third parts thereof, I give and bequeath unto my daughter, Catharine Jane Duryea, and to such other child of mine (if any) of which my said wife is now enciente and of which she shall be delivered, to be paid to such child, or children, as she or they respectively arrive at the age of twenty one years, in equal proportions, share and share alike, Provided, however, that should my said wife not be delivered of such child as aforesaid, then I give the said two thirds parts of said monies, to my said Daughter, Catharine Jane, to be paid to her as aforesaid and also should such child or children die before arriving at the age of Twenty one years, then and in that case I give to my said wife, the part or share which would otherwise have gone to such child or children, had she or they attained the age of twenty one years.

Fourthly, I will and direct that my said Executor and Executrix shall keep the monies hereby given to my said child or children, as interest, on good and sufficient security, until such child or children respectively shall be entitled to the principal thereof; and that they apply all the interest and income to be derived therefrom, towards the maintenance, education, and support of my said child or children.

And finally I hereby nominate, constitute, and appoint my said Wife, Sarah M Duryea, Executrix and my Brother in Law, Van Renselaer Terry, of the City of New York, Ship Joiner, Executor of this my last will, and testament; and I hereby nominate and appoint my said Wife as Guardian to my said child or children.

In Witness whereof I have hereunto set my hand, and seal, this thirteenth day of April, in the year of our Lord one thousand eight hundred and thirty six.  ------ John H Duryea SS

Signed, Sealed, published and declared by the said testator as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses.
Amherst Wight, New York, No 121 Spring Street
Isaac R Avery, New York, 501 Washington St

In the matter of proving the last will and testament of John H Duryea deceased

County of New York SS
Be it Remembered that on the Eighteenth day of May in the year one thousand eight hundred and thirty six before James Campbell Esquire Surrogate of the County of New York personally appeared Sarah M Duryea & Van Rensselaer Terry who being by said Surrogate severally duly sworn and examined do depose and say as follows.  Sarah M Duryea for herself doth depose and say that she received the instrument in writing now produced and shewn to deponent purporting to be the last will and testament of John H Duryea deceased bearing date the thirteenth day of April in the year one thousand eight hundred and thirty six from the hands of said John H Duryea immediately after the same was executed that said instrument remained in the custody of deponent until after the decease of John H Duryea when she delivered the same to Van Rensselear Terry of the City of New York, Executor of said deceased Van Rensselaer Terry for himself doth depose and say that he received said Instrument from said Sarah M Duryea that the same remained in his custody until about the 11th of May instant when he brought the same to the Office of the Surrogate of the County of New York where he deposited the same for Probate and deponents further say that whilst said instrument remained in their respective possession the same was in no respect altered or changed.
Sarah M Duryea
Van Rensselear Terry
Sworn this 18th day of May 1836 before me.
James Campbell

In the matter of proving the last will and testament of John H Duryea deceased.
County of New York SS
Be it Remembered that on this seventeenth day of May in the year One thousand eight-hundred and thirty six before James Campbell Surrogate of the County of New York personally appeared Amherst Wight who being by the said Surrogate duly sworn and examined doth depose and say that this deponent was well acquainted with John H Duryea now deceased that he was present as a witness and did see the said John H Duryea subscribe the instrument now produced and shewn to the deponent purporting to be the last will and testament of the said John H Duryea deceased bearing the thirteenth day of April in the year one thousand eight hundred and thirty six at the end thereof that such subscription was made by the said testator in the presence of this deponent and of Isaac Avery, R Avery that the said testator at the same time declared the Instrument so subscribed by him to be his last will and testament.  Whereupon this deponent and the said Issac R Avery signed their names at the end thereof at the request of the said testator 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 and not under any restraint and was in all respects competent to devise real estate.
A Wight
Sworn this 17th day of May 1836 before me
James Campbell
Surrogate