Schoharie County NYGenWeb Site
Submitted by Mary DeYoung
LAST WILL AND TESTAMENT OF ELIZABETH (Van Buren) OLIVER
In the name of God Amen: I, Elizabeth Oliver, of the town of Summit in the County of Schoharie in the State of New York of the age of 73 years and being of sound mind and memory do make, publish and declare this my last will and testament in manner following, that is to say
First, I give and devise to my son James Oliver of the town of Summit all that piece or parcel of land lying and being in the town of Summit aforesaid and is bounded or described as follows, bounded first by land occupied by Hiram I. Gaucher (sp?) and lands of L. ? and J.A. Snook north and east by lands of Shubul Smith on the south by the center of the highway containing twenty two acres of land be the same more or less. Of the above described premises eighteen acres of land was conveyed by deed by Isaac Crowe (sp?) to Elizabeth Oliver dated September 4, 1854 (?) and four acres conveyed April 7, 1874, to Elizabeth Oliver by Shubul Smith being the premises on which I and my son James are now living.
Also another piece or parcel of land lying and being in the town of Summit I give and bequeath to my son James Oliver fifty seven acres of land being the same lands deeded by Isaac Crowe (?) to me September 4, 1854.
Second, I give and devise to my son Ambrose Oliver of the town of Summit county of Schoharie and state of New York all that parcel of land lying and being in the town and county aforesaid and is bounded as follows: beginning on the north by lands willed in this instrument to my son James Oliver, on the east by lands of B.B. Gallup, on the south by lands now owned by my son Ambrose, west by the center of the highway and land of Larry (?) Tinklepaugh being thirty five acres of land more or less. The above described premises that I have here given and devised to my son Ambrose were deeded to me by Henry Van Buren and Mary his wife Larry (?) Wilton (?) J.H. Terk (?) and Helen his wife and the heirs of John Snook deceased.
Lastly I give and bequeath all my personal estate of every name and nature to my son James and Ambrose Oliver each to share alike.
I request that this instrument is not proved until six weeks after my death. I hereby appoint my son James Oliver executor of this my last will and testament hereby revoking all former wills by me made.
In witness whereof I have hereunto set my hand and seal this 8th day of June in the year of our Lord one thousand eight hundred seventy five <1875>.
Shubul Smith wit. to mark. X her mark
The above instrument consisting of one sheet of paper was at the date hereof declared to us by Elizabeth Oliver the testatrix therein mentioned to be her last will and testament and she at the same time acknowledged to us and each of us that she signed and sealed the same and we thereupon on her request and in her presence and in the ___ presence and in the presence of each other signed our names thereto as attesting witnesses.
Shubul Smith, residing at Summit in Schoharie County
David L. Rider (?) residing at Summit in Schoharie County
In the matter of proving the will of Elizabeth Oliver late of the town of Summit deceased. Schoharie County ss:
Shubul Smith and David L. Rider (?) of Summit in the County of Schoharie being each duly sworn for himself in open court do depose and say that they are the subscribing witnesses to the last will and testament of Elizabeth Oliver late of the town of Summit in the county of Schoharie dec'd _______ the said Elizabeth Oliver did in the presence of these deponents subscribe her name on the end of the instrument which is now shown and exhibited deponents and which purports to be the last will and testament of the said Elizabeth Oliver dec'd and which will bear date on the 8th day of June AD 1875. Deponents further say that the said Elizabeth Oliver the said testatrix did on the same time of subscribing her name aforesaid at the end of said instrument declare the said instrument so subscribed and now exhibited to be her last will and testament and these deponents did thereupon subscribe their names at the end of the said will as attesting witnesses thereto on the request and in the presence of the said testatrix and of each other. Deponents further say that at the said time when the said testatrix subscribed her name to the said last will as aforesaid and on the time of these deponents subscribing their names as attesting witnesses thereto aforesaid the said Elizabeth Oliver was of sound mind and memory of full age to execute a will of her estate and not under any restraint to the knowledge, information or belief of these deponents and further these deponents say not. Sworn and subscribed this 6th day of Oct. 1888 before me William C. Lamont (?), surrogate.
David L. Rider
State of New York
Schohaaire County ss.
William C. Lamont, Surrogate in and for said county do hereby certify that the foregoing is a true copy of the last will and testament of Elizabeth Oliver dec'd which was duly admitted to probate before me as a will relating to real and personal estate on the 6th day of October 1888 pursuant to the statutes of the state of New York in such cases made and provided and I further certify that its proofs and examinations taken in relation to the execution thereof are herein recorded.
William C. Lamont, Surrogate.
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