The following is through the
courtesy of Tim Masloski: , www.goodhind.net
Will of John Rhoads - Marlborough, Ulster co., NY
Transcribed from SAMPUBCO copy by Timothy Masloski
Ulster, NY Will Book Vol. G, page 261
In the name of God Amen. I John Rhoads of the Town of Marlborough in the
County of Ulster Do make and declare this my last Will and Testament in
manner and form following-
First, It is my will that my personal property shall be applied to the
payments of my funeral expenses and Debts, except the Debts I owe Eliphalet
Smith which said Debt shall be paid by all my sons in equal proportions, and
the residue of my personal property shall be equally divided among my said
sons, share and share alike
Secondly I give and devise to my son John his heirs and assigns forever,
that part of my real Estate that I bought of Voright Carpenter it being the
south part of the farm I live on, and commences on the West side of the road
leading to Latin Town, between the Lands of William Lynsew and William
Wygant. Also one equal half part of the Wood lot lying near Jacob Lawsons -
-
Thirdly I give and devise to my son Cornelius his heirs and assigns forever
that part of my Real Estate I bought of ______ [left blank] Quimby Also the
House and Lot of Land he now occupies, lying on the East side of the
aforesaid road and the three fields lying on the West side the said road
adjoining the same, extending as far south as to the Land of William Lynsew.
Also the other equal half part of the Wood Lot lying near Jacob Lawsons
Fourthly I give and devise to my son Zadock his heirs and assigns forever
that part of my real Estate being the Land I bought of Hatfield Morgan
excepting the small field north of my barn And also that part of the Orchard
North of a strait [sic] line running Westerly from the end of the fence near
the spring the same course with said fence, which runs easterly and Westerly
along the land bought of said Hatfield Morgan Also all the Land lying north
of said line and fence including that north of the Turnpike And of said
spring shall be on the Land given to my said son Zadok. I hereby except out
of the same the rights and priviledge to the persons occupying the House and
residue of the farm I live on, of going to and from said spring, and using
out of the same Water for necessary purposes
Fifthly I give and devise to my sons Lewis and William their heirs and
assigns forever as tenants in Common that part of my real Estate being the
residue of the farm I live on, including the Wood Lot and premises adjoining
side farm known by the name of the Banyer Lot and the said small field north
of my barn bought of said Hatfield Morgan
Sixthly I give and devise to my said sons Zadock, William and Lewis and to
my daughter their heirs and assigns forever all my mountain Land being the
Lots I own separate and apart from the premises heretofore devised to be
equally divided between my said sons and daughter, and if they cannot agree
on a division of said Mountain Lands among themselves, It is my will that
they appoint three disinterested persons to make said division
Seventhly It is my will and I do hereby direct that my beloved wife Sarah,
shall be furnished by my said sons with all things necessary for her
support, comfort and convenience out of my real estate, which I charge upon
the same
and that they also pay her each and every year during her natural life the
sum of fifteen dollars to be disposed of in the manner she pleases Lastly I
do nominate and appoint my sons John and Cornelius Executors and my beloved
wife
Executrix of this my last Will and Testament.
In Witness whereof I have hereunto set my hand and seal this fourteenth day
of
October in the year of our Lord one thousand eight hundred and twenty six
his
John X Rhoads L.S.
mark
Signed sealed published and declared by the said testator as and for his
last Will and Testament in the presence us, who at his bequest, in his
presence and in the presence of each other, have subscribed our names as
Witnesses
thereunto. A.D.Soper Marcus Dougherty, Constant R King - -
Ulster County, L.S. Be it Remembered that on the eighteenth day of December
in the year of our Lord one thousand eight hundred and twenty eight,
personally came and appeared before me Jonathan d: Ostrander Surrogate of
the said County of Ulster, Constant R. King of Marlborough in said County
one of the subscribing witnesses to the will of John Rhodes late of the Town
of Marlborough in said County, deceased, who being duly sworn declared that
he did see John Rhodes now deceased sign and seal the instrument hereunto
annexed, purporting to be his last Will and Testament bearing date the
fourteenth day of October in the year of our Lord one thousand eight hundred
and twenty six, and heard him publish and declare the same as and for his
last Will and Testament, that at the time thereof he the said John Rhoades
was of sound disposing mind and memory to the best of the knowledge and
belief of the said Deponent; and that Abraham d: Soper and Marcus Dougherty
together with
the deponent, subscribed the said Will as witnesses thereto in the Testators
presence And be it also Remembered that on the day and year aforesaid,
personally appeared before me the said Surrogate, John Rhoads and Cornelius
Rhodes the Executors in the aforesaid Will named, and were duly sworn to the
faithful execution and performance of the said Will, by taking the usual
oath, in that case provided. In Testimony Whereof the said Surrogate hath
hereunto
set his hand and affixed his seal of office. Done at Kingston, in said
County of Ulster, on this day and year first above written.
Jonathan d: Ostrander [L.S.]
The People of the State of New York by the Grace of God free and
Independent: To all to whom these presents shall come of may concern Send
Greeting: Know Ye, that at Kingston in the County of Ulster, on the
eighteenth day of December instant before, Jonathan d: Ostrander, Esquire,
Surrogate of our Said County, the Last Will and Testament of John Rhodes of
Marlborough deceased (a copy whereof is hereunto annexed) was proved and is
now approved and allowed by us, and the said deceased having whilst he lived
and at the time of his death, Goods, Chattles or Credits within the State,
by means thereof the proving and registering the said Will, and the Granting
administration of all and singular the said Goods, Chattles and Credits, and
also the auditing, auditing and finally discharging the account thereof doth
belong unto us; the administration of all and singular the goods, Chattles
and Credits of the said deceased, and any way concerning his Will is granted
unto John Rhodes and Cornelius Rhodes the Executors in the said Will named,
they being first 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, Chattles and Credits and also to render a just and true account
thereof when thereunto required. In testimony whereof we have caused the
seal of office of our said surrogate to be hereunto affixed. Witness
Jonathan d: Ostrander Esquire Surrogate of said County at Kingston, the
eighteenth day of December in the year of our Lord one thousand eight
hundred and twenty eight and of our Independence the fifty third
Jonathan d: Ostrander
The preceding is a true copy of the original will of John Rhodes of
Marlborough deceased and of the probate thereof and of the letters
testamentary
Jonathan d: Ostrander
Surrogate
