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

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

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 11^th 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 18^th 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 17^th day of May 1836 before me

James Campbell

Surrogate

Amanuensis Monday: 1781 Will of Cornell Smith of Hempstead, Queens County, New York

WILL OF CORNELL SMITH OF HEMPSTEAD, QUEENS COUNTY, NEW YORK

Signed May 28, 1781

Proved July 28, 1781

New York County, New York:  Will Liber 34, Pages 257-259

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 Queens County on the Twenty Eight day of July last past before Samuel Clowes Esquire thereunto Delegated and appointed, the last Will and Testament of Cornell Smith, 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 Marsey Smith, Uriah Bedel and Richard Matthews, the Executrix and 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 Render 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 First day of August One thousand seven hundred and Eighty one. --- Jam Bayard Jun

Know all men by these presents that I, Cornel Smith, of the Township of Hempstead in Queens County and Province of New York, Yeoman, being this twenty Eight day of May in the year of Our Lord one thousand seven hundred and Eighty One, weak in Body but of sound mind and memory for which I bless Almighty God, and not knowing how soon it may please the Lord to take me away by Death thefore I do make and Ordain this present writing and no other to be my last Will and Testament as followeth.

First I do Recomend my Soul to God who gave it and my Body I Committ to the Earth to be Buried with a Desient Burial at the Discretion of my Executors herein after named, and as touching my worldly Estate wherewith it hath pleased the Lord to bless me with.  I will devise and dispose of in the following manner.

Item.  I will and bequeath unto my loveing and well beloved Wife, Mercy Smith, my best feather Bed and furniture, two Cows and Calves, two horses and Farming Utensils, ten sheep and Thirty pounds in Money all at her Own disposall in Lue of her Right of Dower; and my Will is and I do Order and direct that my said Wife shall have the use of all my household Goods and four Cows, and the use and profits of my Dwelling house and Land that is to say, all the Land belonging to my homstead that Derived unto me from my Deceased Father, and also the Lott of Salt meadow and upland that I Bought of Abijah Bedel so long as she shall remain my Widdow towards the Education and bringing up of my Children, untill my younger Sons shall be twenty one years of age.

Item.  I will and Bequeath unto my Daughter, Susannah Smith, one Feather Bed, Beding, and appurtenances thereunto belonging to her own disposall.

Item.  I will and bequeath unto my Son, Amos, my Gun and Cuttash and the sword that was my Son Elijah’s.  I give unto my Son John to their Disposall.

Item.  My will is and I do order and Direct my Executors to sell all the Remainder of my moveable Estate not above disposed of, and the Money arising therefrom to be disposed of in the following manner.

First the above said sum of Thirty pounds to my said Wife as aforesaid and to my said Daughter Susannah the sum of sixty pounds in money to be at her own disposall, and my will is and I do order that all my Just Debts together with my funirall Charges be fully paid out of the money arising from my moveable Estate as aforesaid.  It is to be understood that my Negro Slaves is to be sold as my moveable Estate.

Item.  I will and bequest unto my Son, Jacob Smith, all the Remainder of the Farm and Land that I Bought of Nehomiah Sammis only Excepting the south part that I have already Conveyed unto my Son, Cornell Smith Juner, and to the Remain unto the said Jacob Smith and to his Heirs and assigns for ever.

Item.  I will and Bequeath unto my Son, Amos Smith, all the Land that I purchased of my Brother, Johnathan Smith, Deceased, it being about ten acres, and also all the Land that I purchased of Jonathan Smith Juner, Deceased, adjoining to the said ten acres, and also a pece of plain land and hollow ground that I purchased of Silvanus Smith, all which said three pieces I do give unto my said son, Amos Smith, and to Remain unto him and to his Heirs and assigns forever.

Item.  I will and bequeath unto my two youngest sons, namely John Smith and David Smith, my Homestead whereon I now live and appurtenances, that is to say, my Dwelling House and Land near and adjoining that Derived unto me from my Father, Jonathan Smith, Deceased, which my Wife is to have the use of as aforesaid together with my Salt of Salt meadow and upland sittuate on Coes Neck that I bought of Abijah Bedel and a small Hay House on said neck to be Removed thereon, and also five acres of wood land, part of the land that I purchased of Samuel Clowes and James Wood, adjoining to the west side of the path that leads to Samuel Motts mill, all which I do give unto my said Sons, John Smith and David Smith, to be Divided Equill between them and Remain unto them and to Each of their Heirs and assigns for ever.  But my Will is that if either of them should Dye before theay shall arive to be twenty one years of age not then having Lawfull Issue that the Deceased sons part shall Remain unto the survivor of them and to his Heirs and assigns forever, but in Case both of my last named Sons should dye under the age of twenty one years not then having Lawful Issue, that then all the Land and meadow that is herein given unto them shall be equilly Divided amongst my surviving Sons and amongst their Heirs and assigns for ever.

Item.  I will and bequeath unto my Sons, Cornell Smith, Jacob Smith, and Amos Smith, my lott of Salt meadow and upland lying on Coes Neck that I purchased of Elijha Bedel, excepting a Small House thereon, to be equally Divided amongst to them shear and shear alike, and Remain unto them in severalty, and to their Heirs and assigns for ever, but if either of them should Dye under the age of twenty one years, not then haveing Lawfull Issue, that then the Deceased Sons part shall be Equilly Divided between the survivors of them and between their Heirs and assigns for ever.

Item.  I will and bequeath unto my Sons, Cornell Smith and Amos Smith, all the Remainder of the wood Land not above disposed of that I bought of Samuel Clowes and James Wood as aforesaid, equilly to be Divided between them and Between their Heirs and assigns forever and my will is that if my said Daughter, Susannah, should dye before she shall come to be Eighteen years of Age or Day of marridge, that then the said sixty pounds in money given unto her shall be divided between my said wife and my Daughter, Mary Rainer, to their own Disposall, and whereas I have given to my wife the sum of Thirty pounds and money as is above mentioned, thereofore my will is that she shall have the Sum of Thirty pounds more in Money out of my Moveable Estate and to be at her Own Disposall, and further my Will is that all the Remainder of my moveable Estate not above disposed of shall be Divided Equill amongst my said wife and my two Daughters, Mary Rainer and Susannah Smith, shear and shear alike and to their own Disposall.

Lastly, I do hereby ordain, Constitute, and appoint my loveing Wife, Mercy Smith, and my trusty Friends, Uriah Bedel and Richard Mathews, both of the Township of Hempstead, to be the Executors of this, my last Will and Testament, giveing them or the Survivors or Survivor of them full power and authority to Execute the same and every Article herein Contained.

In Witness hereunto the said Cornel Smith hath sett to his hand and fixed his Seal the year and Day above written.  --- Cornel Smith X his mark

Signed, Sealed, pronounced, and Declared by the said Cornel Smith to be his last Will and Testament in the presence of us who submitted to the same as Witnesses in his presence and in the presence of Each other. 

Hannah Whaley X her mark

Moses Cornelius

Richard Ellison

Queens County

Be it Remembered that on the Twenty Eight Day of July One thousand and seven hundred and Eighty One, personally came and appeared before me Samuel Clowes, Surrogate of the said County, Richard Ellison of Hempstead in said County, yeoman, and being duly affirmed, Declared that he did see Cornell Smith Sign and Seal the within Written Instrument, purporting to be the Will of the said Cornell Smith, bearing date the Twenty Eight Day of May one thousand seven hundred and Eighty One, and heard him publish and Declare the same as and for his last Will and Testament; That at the time thereof he the said Cornell Smith was of sound Disposing mind and memory, to the best of the Knowledge and Belief of this Deponent; and that his name subscribed to the said Will is of his own proper hand Writing which he subscribed as a Wittness to the said Will in the Testators Presence.  And that he, this affirmanant, did see Hannah Whaley make her mark, and Moses Cornelius the other wittnesses to the said Will subscribe their names as wittnesses thereto in the Testators Presence.  --- S Clowes Surrogate

Amanuensis Monday: 1894 Will of Zopher L Hawkins of Brooklyn, Kings County, New York

WILL OF ZOPHER L HAWKINS

Written April 23, 1894

Proved June 15, 1914

Kings County, New York, Will Book 476: 489-492; Surrogate's Court

I, Zopher L Hawkins, of the City of Brooklyn, in the State of New York, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my last Will and Testament, in manner and form following, that is to say:

First.  After the payment of my just debts and funeral expenses, I give, devise and bequeath all my estate, both real and personal, of which I shall die seized or possessed (including all policies of life Insurance) unto my beloved wife, Margaret A Hawkins, for her own use, absolutely and forever.

Second.  I hereby nominate, constitute and appoint my said wife, Margaret A Hawkins, the sole Executrix of this, my last Will and Testament.

Lastly.  I hereby revoke, and declare to be null and void, all other and former Wills by me at any time made.

In Witness Whereof, I have hereunto set my hand and seal on this Twenty Third day of April, in the year one thousand eight hundred and ninety four.

Zopher L Hawkins (Seal)

Signed, sealed, published and declared by the Testator, Zopher L Hawkins, as and for his last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto, on the Twenty Third day of April 1894.

Alfred E Irwin ---  799 Putnam Ave. Brooklyn  N.Y.

Vincent Rosemon ---  272 Keap St. Brooklyn, N.Y.

***

I was acquainted with Zopher L Hawkins, now deceased.

That the subscription of the name of said decedent, at the end of the instrument now shown to me, and offered for probate as the last Will and Testament of the said Zopher L Hawkins, deceased, and bearing the date the 23rd day of April, in the year one thousand eight hundred and ninety-four, was made by the said decedent at the City of New York, in the presence of myself and the other subscribing witness.

That at the time of making such subscription, the said decedent declared the said instrument so subscribed by him, to be his last Will and Testament, and I thereupon signed my name as a witness, at the end of said instrument, at the request of said decedent, and in his presence.  I also saw Alfred E Irwin, the other subscribing witness, sign his name as a witness at the end of said Will, and know that he did so at the request and in the presence of said decedent.

That the said decedent, at the time of executing the said instrument, was over the age of twenty-one years, of sound mind and memory, and not under any restraint, and competent in every respect to make a will.

Subscribed and affirmed to this 7th day of May, 1914.  Vincent Rosemon

***

Thomas S Irwin, being duly sworn and examined before a Surrogate's Court of the County of Kings, deposes and says, I am acquainted with Alfred E Irwin, the incompetent witness herein, he being my brother.  I am also acquainted with his manner and style of handwriting, having often seen him write, and I verily believe that the signature, purporting to be his, subscribed to the instrument in writing now produced and shown to me, purporting to be the last Will and Testament of Zopher L Hawkins, deceased, bearing date the 23rd day of April, 1894, is the proper signature and the true and genuine handwriting of my said brother, Alfred E Irwin, the incompetent witness herein.

Deponent further says, my said brother, Alfred E Irwin, has been judicially declared incompetent and is at present confined at the Manhattan State Hospital at Wards Island, New York City.

Subscribed and sworn this 11th day of June, 1914.  Thomas S Irwin

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Deposition as to Handwriting

John L Barker, Jr., of Brooklyn, New York, being duly sworn and examined before a Surrogate's Court of the Court of the County of Kings, deposes and says:

I was acquainted with Zopher L Hawkins, late of the County of Kings, City and State of New York, and with his manner and style of handwriting, having often seen him write, and I verily believe that the signature, purporting to be his, subscribed to the instrument in writing now produced and shown to me, purporting to be the last Will and Testament of Zopher L Hawkins, deceased, bearing date the 23rd day of April, in the year one thousand eight hundred and ninety-four, is the proper signature and the true and genuine handwriting of the said Zopher L Hawkins, and that he died at Brooklyn, N.Y., at 1340 Pacific Street, on April 27th, 1914, and I was present at his funeral.

J E Barker Jr

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Satisfactory proof having been made of the due service of the citation herein upon, or due appearance herein by, all persons entitled to notice of this proceeding, and Leroy W Ross, Esq., Special Guardian, having appeared in person, and Alfred E Irwin, subscribing witness herein, being incompetent, and his testimony having been dispensed with by an order bearing date the 26th day of May, 1914, and his handwriting having been proved by the deposition of his brother, one Thomas S Irwin, on file herein, and the hand writing of the Testator having been proved by the deposition of one John L Barker, Jr., on file herein, and the other subscribing witness to said last Will and Testament, Vincent Rosemon, having been sworn and examined and his examination reduced to writing and filed, and it appearing by such proof that the said Will was duly executed, and that the Testator, at the time of executing it, was in all respects competent to make a will and not under restraint; and this Court being satisfied of the genuineness of the Will and the validity of its execution; and the Probate thereof not having been contested;

It is ordered, adjudged and decreed, that the instrument offered for probate herein be, and the same hereby is, admitted to probate (except as to the infant Donald J Hawkins, who was born May 10th, 1900, and after the execution of the Will herein, and is therefore in no way affected by the same) as the last Will and Testament of the said Zopher L Hawkins, deceased, valid to pass real and personal property, and that the said Will, with the proofs thereof, and this Decree be recorded, and that Letters Testamentary be issued to the Executrix who may qualify thereunder, and that the said Executrix pay to Leroy W Ross, Esq., Special Guardian, the sum of Twenty-five dollars, as and for his costs and allowances herein, and that the said Will be filed and remain in the Surrogate's Office.

Herbert T Ketcham, Surrogate