Will of Smith Youngs


Schoharie County NYGenWeb Site

submitted by Linda Tutt 

WILL OF SMITH YOUNGS

Surrogate’s Court,
Schoharie County

In the Matter of the Last Will and Testament of
Smith Youngs,
Late of Schoharie, Schoharie County, deceased

Letters Testamentary
Granted and recorded 24 January 1882
Charles Holmes, Surrogate

STATE OF NEW YORK

Schoharie County

I, Charles Holmes, Surrogate of the County of Schoharie, do hereby certify that I have compared the current copy of the last Will and Testament and Codicils thereto of Smith Youngs, late of Schoharie, Schoharie County, deceased with the original will and codicils now on file, and of record in the Surrogate’s Office of said County, and the same are correct transcripts therefrom, and the whole of said original will and codicils

In Testimony Whereof, I have hereunto set my hand, and affixed the Surrogate’s Seal of the County of Schoharie, this 23rd day of January A.D. 1882.

Charles Holmes

Surrogate

I Smith Youngs of Schoharie in the County of Schoharie and State of New York, being of sound mind and memory, do make, ordain, publish, and declare this to be my last Will and Testament, that is to say.

First. After all my lawful debts are paid and discharged, I give, devise and bequeath to my son Peter Youngs the farm now occupied by him in Schoharie, containing about one hundred and fifty acres, and to his heirs, forever subject to the conditions hereinafter expressed.

Second. I give and devise to my son Daniel Youngs the farm occupied by him in Schoharie, called the Peter Mann farm, which was conveyed to me by Philip Haverly and wife by deed, containing about one hundred and fifty acres of land, and to his heirs forever subject to the conditions hereinafter expressed.

Third. I give and devise to my said son Daniel two lots of land as now fenced, lying south of Foxes Creek in Schoharie, bounded by said creek on the north, and Peter J. Mann on the east. The two lots containing in all about twenty five acres, and to his heirs forever, subject to the conditions hereinafter expressed.

Fourth. I give and devise to my son Peter my other two lots of land as now fenced lying south of and adjoining the last mentioned two lots, bounded West and South by lands of Waterbury’s, containing

together about thirty five acres, and to his heirs forever subject to the conditions hereinafter expressed.

Fifth. I give and bequeath to my son George Youngs, a good, comfortable and sufficient support and maintenance during his life, and I hereby declare such support and maintenance to be a lien and charge upon all my real estate herein devised. It is expected that my said son George, will live with and be supported as above by my son Peter. But if for any cause the said George shall not continue to live with my son Peter, he shall have the right and privilege, to live with, and be supported by any of my children to whom lands are herein devised.

Sixth. I give and devise to my daughter Maria Youngs, the house land and premises where I now reside in Schoharie, containing about five acres and to her heirs forever, subject to the conditions of this will. I also give to my daughter Maria the sum of Five Thousand dollars ($5,000.00)

Seventh. I give and devise to my daughter Christina M. wife of Gideon V. Griggs, the farm now occupied by her and her husband in Wright, containing about one hundred and fifty acres, and to her heirs forever subject to the conditions of this will.

Eighth. I have furnished materials and erected a dwelling house for my daughter Eunice, wife of John Sidney which I give to her. I also give to my said daughter Eunice the sum of Five Thousand dollars ($5,000.00)

Ninth. I give devise and bequeath all and singular the residue and remainder of my property and estate, both real and personal not hereinbefore devised or bequeathed to my aforesaid three sons and three daughters in equal proportions, each the sixth part thereof, and to their respective heirs forever.

Item. I do hereby authorize and empower my Executors hereinafter named to bargain sell and convey my lot of land of about fifty acres situate in the town of Fulton and to divide the proceeds among aforesaid children equally. And I do hereby direct that the share of my son George of the residue aforesaid, shall be paid to and received by my son Peter for the benefit and support of my son George as aforesaid.

Item. I hereby order and direct as a condition of the aforesaid devises to my sons Peer and Daniel, that they shall respectively have the right and privilege of a way or passage over each others land as heretofore used and enjoyed.

Item. I hereby order and direct that my Executors hereinafter named, shall each receive the sum of fifty dollars for his services as such Executor, and shall receive no other or further commission, fee or compensation.

Item. The farm hereinbefore devised to my daughter Christina M. was purchased by me from Philip D. Haverly – by my direction a Deed therefore was executed by said Haverly and wife to said Christina M. said Deed is now in possession of R. Brewster of Schoharie. I direct said Deed to be delivered to said Christina. Likewise I make constitute and appoint my sons-in-law Gideon V. Griggs and John Sidney to be Executors of this my last Will and Testament, hereby revoking all former wills by me made.

In Witness Whereof I have hereunto subscribed my name and affixed my seal the twenty seventh day of August, in the year of Our Lord One thousand eight hundred and seventy four.

Smith Youngs, L.S.

The above instrument consisting of one sheet, was at the date thereof subscribed by Smith Youngs in the presence of us and each of us, and he at the time of making such subscription acknowledged that he made the same, and declared the said instrument so subscribed by him, to be his last Will and Testament whereupon we then and there at his request, and in his presence and the presence of each other subscribe our names as witnesses thereto.

Ralph Brewster residing at Schoharie NY

Charles Brewster residing at Schoharie NY

Whereas on the 27th August 1875 I made and executed my last Will and Testament (as appears within) and Whereas, since that time for certain reasons I have deemed it prudent and proper to make certain changes and further provisions in respect to what is devised and bequeathed to my son Peter, therefore I do hereby Will, Order and Direct as follows

Instead of the First and Fourth items in said will, I hereby give and bequeath the land and real estate therein mentioned to my son Peter and his wife Cornelia and their children for their use and support during the life of my son Peter, and as long as the said Cornelia shall remain the widow of said Peter and unmarried after his death.

Item. After the death of said Peter and after the death or remarriage of the said Cornelia I give and devise the said lands and real estate to the several children of the said Peter and Cornelia which shall then be living in equal proportions and to their respective heirs forever. And I do hereby order and direct that no more wood or timber shall be cut from said lands, during the life of said Peter and Cornelia than shall be necessary for firewood and the repair of buildings and fences on said farm. And I hereby direct and charge and empower my Executors named in said will, with the duty and authority to see that the above provisions and conditions in respect to said lands and the use thereof, are properly executed and enforced, according to the intent of this codicil. I also direct that my said Executors take charge and dispose of the share of the proceeds of the sale of the Fulton lot, and the share of the residue of my estate given to my son Peter in said will for the benefit of my son Peter and his family.

Lastly. Except as changed and modified by this codicil, I do hereby ratify and confirm my said last will and testament

In Witness Whereof I have hereunto set my hand and seal the10th day of April 1876.

Smith Youngs L.S.

The above instrument was this 10th day of April 1876, subscribed by the testator Smith Youngs in our presence and was at the same time declared by him to be a codicil to his last will and testament, and we at his request, in his presence and in the presence of each other, subscribed our names hereto as Witnesses.

Ralph Brewster Schoharie NY

Isaac O. Ball Schoharie NY

I Smith Youngs of Schoharie do make this my codicil, hereby confirming my last will made on the 27th day of August 1875, and my former codicil made April 10 1876 so far as this codicil is consistent therewith and do hereby will, order and declare that the several devises and bequests contained in said last will, shall be received if accepted by the devisees and legatees respectively, in full payment satisfaction and discharge of any and all claims and demands which they or either of them may have or pretend to have against me or my estate.

In testimony whereof I have hereto put my hand and seal this 5th day of October 1877

Smith Youngs L.S.

Signed, sealed, published and declared by the testator Smith Youngs to be a codicil to his last will and testament in our presence, and we severally at his request in his presence and in the presence of each other subscribed our names as witnesses.

R. Brewster Schoharie NY

Charles Brewster Schoharie NY

I Smith Youngs of Schoharie also add this further codicil to my last will and testament viz I hereby will order and direct that the parcel of land lying on the South side of Foxes Creek, adjoining Waterbury’s containing about 55 acres, instead of being devised as stated in said will, be and it is hereby devised in equal parts to my son Peter and his wife and children the equal half thereof. And the other half to my son Daniel, and his heirs. The dividing line to be fixed by my Executors named in said will.

Witness my hand and seal 5 October 1877

Smith Youngs L.S.

Signed, sealed, published and declared by Smith Youngs the testator, to be a codicil to his last will and testament in our presence, and we at his request, in his presence and in the presence of each other, subscribe our names as witnesses.

R. Brewster Schoharie NY

Charles Brewster Schoharie NY

This is a codicil to my last Will and Testament bearing date 27th August 1875

Whereas on the 12th day of January 1878 Caroline Beecher of Schoharie, executed and delivered to my daughter Maria E. Youngs a Bond and Mortgage to secure the payment of $650 and Whereas the consideration for said Bond and Mortgage was furnished and paid by me to the said Caroline Beecher Therefore, I hereby will order and declare said $650 to be advanced and paid to my said daughter Maria E. as part of the legacy bequeathed her in and by my said last will. So that there will remain to be paid to my said daughter Maria on said legacy (mentioned in the 6th clause of my said will) the sum of $4350 only.

In Witness whereof I have hereunto subscribed my name and affixed my seal this 25th day of January 1878.

Smith Youngs L.S.

The above instrument was at the date thereof subscribed by Smith Youngs, the testator, in our presence, and was at the same time declared by him to be a codicil to his last will and testament and thereupon at his request, in his presence and in the presence of each other we subscribe our names as attesting witnesses.

R. Brewster residing at Schoharie NY

Charles Brewster residing at Schoharie NY

I Smith Youngs of Schoharie having made my last Will and Testament bearing date 27th August 1875 and made a codicil thereto dated 10th April 1876 also two codicils bearing date 5th October 1877 and a further codicil dated 25th January 1878 do now add this further codicil viz

I give and bequeath to my Grandson Smith Youngs (who has resided with me many years, bears by name, and has done me much kind and valuable service) the sum of Two Thousand and Five hundred dollars ($2500.) to be accepted and received by him in full payment and satisfaction of any and all claim or claims, which he may have or pretend to have against me or my estate.

And I hereby ratify and confirm said will and codicils so far as consistent herewith.

In testimony whereof I have hereunto put my hand and seal the 26th day of August 1878

Smith Youngs L.S.

Signed, sealed, published and declared by the testator Smith Youngs to be a codicil to his last will and testament, in our presence, and we severally at his request, in his presence and in the presence of each other subscribe our names as witnesses.

Ralph Brewster residing at Schoharie NY

Isaac O. Ball residing at Schoharie NY

 

 

The People of the State of New York

By the Grace of God Free and Independent,

To all to whom these Presents shall come or may concern, Send Greeting:

Know Ye, That at the town of Schoharie in the county of Schoharie, on the twenty fourth day of January in the year of our Lord one thousand eight hundred and eighty-two before Charles Holmes Surrogate of our said county, the last Will and Testament of Smith Youngs late of the town of Schoharie in said county, deceased (a copy whereof is hereunto annexed), was proved, and is now approved and allowed of by us, and the said deceased having, whilst he was living, and at the time of his death, goods, chattels or credits within this State, by means whereof the proving and registering the said Will, and granting administration of all and singular the said goods, chattels and credits, and also the auditing, allowing and final discharging the account thereof, doth belong unto us; the administration of all and singular the goods, chattels and credits of the said deceased, and any way concerning said Will is granted unto John Sidney of Middleburgh, and Gideon V. Griggs of Wright, Schoharie County, New York executors in the said Will named they having first taken and subscribed an oath before the said Surrogate faithfully and honestly to discharge the duties of such executors hereby requiring you, the said John Sidney and Gideon V. Griggs to make or cause to be made, a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, which have or shall come to your hands, possession or knowledge; and also to make, or cause to be made, duplicates of such inventory, and cause the same to be signed by the appraisers; and the same so made and signed, that you make return thereof to the Surrogate of the said county, within three months from the date hereof.

In Testimony Whereof, We have caused the seal of our Surrogate Court of the county of Schoharie to be hereunto affixed.

Witness. Charles Holmes Surrogate of the said county, at Schoharie in the said county, on the 24th day of January in the year of our Lord one thousand eight hundred and eighty-two.

Charles Holmes
Surrogate


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