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.
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.
Sworn this 17th day of May 1836 before me