Will of Joseph Lincoln


Schoharie County NYGenWeb Site

Submitted by Franklyn Ingram

(The following individuals are named in these documents: Betsy Bute; Jedediah Bute; Charlotte Lincoln; David Lincoln; Hiram Lincoln; Joseph Lincoln; Levi Lincoln; James S. Martin; Jedediah Miller; Edmond Northrup; John Rider; Thomas Smith
Described by SAMPUBCO as:
Joseph Lincoln, Schoharie County
Summit A2-483)

THE LAST WILL AND TESTAMENT OF JOSEPH LINCOLN

The Last Will and Testament of Joseph Lincoln proved and recorded March 8th, 1841 as a will of real and personal estate.
Be it remembered that heretofore, to wit, on the 22nd day of February 1841 Charlotte Lincoln personally appeared before the surrogate of the county of Schoharie and presented her petition to the said surrogate and also produced unto him a certain instrument in writing purporting to be the last will and testament of Joseph Lincoln of the town of Summit in said county bearing date the twenty fourth day of April in the year of our Lord one thousand eight hundred and forty in which the said Charlotte Lincoln is named as Executrix and from which said petition it appears unto the said surrogate that after the execution of the aforesaid instrument and on the 19th day of June in the year 1840 the said Joseph Lincoln died being an inhabitant at the time thereof of the said county of Schoharie leaving Charlottte Lincoln his widow him surviving and the following persons his only heirs at law, and next of kin, to wit: Betsy Bute wife of Jedediah Bute, Hiram Lincoln , David Lincoln, Levi Lincoln and Charlotte Lincoln all of Summit in the county of Schoharie aforesaid, and all under the age of twenty one years except said Betsy Bute who is of full age---and the said Surrogate did thereupon appoint Jedediah Miller of Cobleskill special guardian for the aforesaid infants and issued his citation unto the aforesaid heir and next of kin of full age and the special guardian of said infants requiring them to appear before the said surrogate at the surrogate office in the town of Cobleskill on the eighth day of March 1841, and attend the probate of said instrument a will relating to both real and personal estate and on the day and year last mentioned the said Charlotte Lincoln appeared in court and produced proof of the lawful service of said citation and the same being filed with this court and on hearing the testimony of both the subscribing witness to said will and after a due examination of the matter it doth satisfactorily appear unto the said surrogate that said will was duly executed by the said Joseph Lincoln and attested by the witnesses whose names are thereunto subscribed in the presence and at the request of the said testator and at the time of the execution he was of sound mind and memory of full age to execute a will and competent in all aspects to make a judicious disposition of his real and personal estate by his last will and testament and it is accordingly adjudged and determined by the said surrogate that the aforesaid instrument is the last will and testament of the said Joseph Lincoln by him executed and published in due form of law and it is thereupon ordered that said will together with the testimony taken on the proof thereof be recorded as a will relating to both real and personal estate which said will and testimony are in the words and figures following to wit.

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In the name of God amen, I Joseph Lincoln, Farmer of the town of Summit in the county of Schoharie and state of New York 
do make and declare this my last will and testament in manner and form following, First I resign my spirit into the hands of Almighty God hoping and believing in a remission of my sins by the merits and mediation of Jesus Christ, and my body I commit to the earth to be buried at the discretion of my executrix hereinafter named- and my worldly estate I give and devise as follows.
First I give unto my wife Charlotte the control of all my estate real and personal until my youngest daughter, Charlotte, shall attain the age of one and twenty years. And I will and ordain that she my said wife shall have the whole charge custody and control and management of all of my said estate during the period aforesaid. And I hereby appoint my said wife guardian of 
all my children until they shall respectively attain the age of twenty one years, and do hereby declare that the expenses of the maintenance and education of my said children until they shall attain the age aforesaid or become entitled to the sums or sums of money or share in my estate hereby provided for their benefit respectively shall be paid and borne by my said wife out of my estate, I do hereby appoint my wife Charlotte sole executrix of this my last will and testament.
I give to my daughter Betsy Lincoln one good cow, ten sheep one bed and bedding, one bureau one table, six chairs, and such other household furniture and cooking utensils as is generally included in a setting out, to be furnished by my said executrix and given to her, when she shall attain the age of twenty one years or be married. And I desire that my said executrix 
shall advance such sum for each of my sons when they respectively attain the age of twenty one years as in her discretion may be right and not (?) of her in the support of herself and family, or in the management of the estate. I will and ordain that the executrix of this my last will and testament if in case she shall deem it necessary for the better management of the estate or 
for the support of the family or maintenance and education of the children shall in her discretion bargain sell and alein fee simple or lease or release any part of my real estate or household for the doing executing and perfect finishing whereof I do by these present give to my said executrix and her executor as executors full power and authority to grant, alein, bargain, sell 
convey and assign or lease or release any part of my real estate situate in the town of Summit aforesaid or any person or persons and their heirs or assign forever by all and every such lawful ways, and means in the (?) as to my said executrix or her executor or executors or to her or their council learned in the law, shall seem fit and necessary and lastly my will is and I do expressly ordain and declare that when my youngest daughter, Charlotte, shall attain the age of twenty one years or be married if living or if she shall not live to attain such age or be married that then and in that case when my youngest child living shall attain the age of twenty one years partition and division of all my estate both real and personal then remaining after payment of all debts shall be divided and paid in the following manner. One third part thereof to remain to my said wife or her dower or third and the other two thirds to be divided equally among all my children, then living and in case any shall die before that time leaving heirs, that then and in that case the heirs shall be entitled to the share that the parent would have received if living, provided nevertheless that the sum herein given to Betsy or her setting out and all such sum or sums of money as may be given to her or any other, of the children aforesaid my heirs , shall be taken and deducted from their parts or portions of my estate aforesaid but they shall not be charged with interest, on the sums advanced to them beforehand but the simple sum advanced to each or the fair worth of the property given to each is to be deducted from his or her respective share or portion of my estate real and personal at the time a division of the same shall be made as aforesaid. And I will and ordain that in case my said wife shall marry before my youngest child shall become of age or before division of my estate as aforesaid shall be made that then and in that case she shall cease to act as executrix of my estate or as guardian of my children and that then and from thenseforth in that case, I do appoint my trusty friend John Rider executor to my estate in place of my said wife, and guardian to such of my children as may be under the age of twenty one years and unmarried and do enjoin upon them the execution of the duties and trusts in this my last will and testament contained.
In witness whereof I have hereunto put .my hand and seal the twenty fourth day of April in the year of our Lord one thousand eight hundred and forty
Joseph Lincoln, L.S.

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Signed sealed published and declared by the said testator as and for this last will and testament in our presence who at his request in his presence and in the presence of each other have subscribed our names as witnesses thereto.
Edmond Northrup of Summit
James S. Martin, of Summit
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Schoharie County surrogate court, in the matter of proving the last will and testament of Joseph Lincoln deceased-Schoharie County Edmund Northrup of Summit in the county of Schoharie being first sworn in open court, doth depose and say , that he is a subscribing witness to the last will and testament of Joseph Lincoln late of Summit in the county of Schoharie, deceased deponent further saith that the said Joseph Lincoln the said testator did, in the presence of this deponent, subscribe his name at the end of the instrument, which is now shown and exhibited to this deponent and which purports to be the last will and testament of the said Joseph Lincoln and which bears date on the twenty fourth day of April in the year of our Lord one thousand eight hundred and forty--Deponent further saith that the said Joseph Lincoln the said testator did at the same 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 deponent did thereupon subscribe his name to the said will, as an attesting witness thereby at the end of the said will at the request and in the presence of the said testator and of the other subscribing witness thereby. Deponent further saith that at the said time when the said testator subscribed his name to the said last will as aforesaid and at the time of this deponent subscribing his name as an attesting witness that as aforesaid the said Joseph Lincoln was of sound mind and memory, of full age to execute a will and was not under any restraint to the knowledge, information or belief of this deponent and further this deponent saith not.
Edmund Northrup
Subscribed and sworn this eighth day of March 1841 before me 
Thomas Smith, surrogate of Schoharie County 
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Schoharie County surrogate court, in the matter of proving the last will and testament of Joseph Lincoln deceased-Schoharie county I, James S. Martin of Summit in the county of Schoharie being first sworn in open court, doth depose and say that he is a subscribing witness to the last will and testament of Joseph Lincoln late of Summit in the county of Schoharie deceased, deponent further saith, that the said Joseph Lincoln the said testator did, in the presence of this deponent subscribe his name at the end of the instrument which is now shown and exhibited to this deponent, and which purports to be the last will and testament of the said Joseph Lincoln and which bears date on the twenty fourth day of April in the year of our Lord one thousand eight hundred and forty. Deponent further saith that the said Joseph Lincoln the said testator did at the same time of subscribing his name as aforesaid at the end of the said will declare the same instrument so subscribed and now exhibited to be his last will and testament, and deponent did thereupon subscribe his name to the said will as an attesting witness thereto at the end of the said will at the request and in the presence of the said testator and of the others subscribing witness, thereto . Deponent further saith that at the said time when the said testator subscribed his name to the said last will as aforesaid, and at the time of this deponents subscribing his name as an attesting witness thereto, as aforesaid the said Joseph Lincoln was of sound mind and memory of full age to execute a will and was not under any restraint to the knowledge information or belief of this deponent, and further this deponent saith not.
James S. Martin
Subscribed and sworn this eighth day of Marc h 1841 before me. 
Thomas Smith, surrogate of Schoharie County
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Schoharie county, surrogate court in the matter of proving the last will and testament of Joseph Lincoln deceased, Schoharie County. I, Charlotte Lincoln being first sworn in open court doth depose and say that she is the widow of said deceased that said deceased immediately after the execution of the last will and testament now before the surrogate for proof delivered the 
same to this deponent for safe custody who kept the same in her custody without any alteration until the same was produced by her to the surrogate of said county on the day of making application by ....... to have the same admitted to probate and further this deponent saith not.
Charlotte Lincoln
Sworn and subscribed the 8th day  March 1841 before me 
Thomas Smith, surrogate of Schoharie County
State of New York
Schoharie County

I Thomas Smith now surrogate of said county do certify that at a surrogate court held in and for said county at the surrogate office in the town of Cobleskill on the 8th day of March 1841, the aforesaid last will and testament of Joseph Lincoln deceased was duly proved before me as a will of real and personal estate and that the preceding record is a true transcript 
of said will and of the proof and examinations taken in relation thereto.
Thomas Smith, surrogate


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