Columbia County,
New York
Deed & Wills
[Transcribed from SAMPUBCO COPY
by Kay King December 2010, Kay_King [at]yahoo.com
Will
of
Stephen M. Van Wyck
Last Will and Testament of Stephen M. Van Wyck
pg 341 (toward bottom of page, below dark line)
Record of the last will and testament and codicils thereto of Stephen M. Van Wyck late of the Town of Claverack deceased as a will of real and personal estate together with the proofs taken in the Court of the Surrogate of the County of Columbia relating thereto.
Recorded January 25, 1871
Will.
In the name of God, Amen, I Stephen M. Van Wyck of the town of Claverack in the County of Columbia and state of New York being of sound and disposing mind memory and understanding Do hereby make ordain publish and declare this my last will and Testament in manner and form following to wit:
pg 342
First, I order and direct that all my just debts and funeral expenses be paid out of my estate by my Executrix and Executor hereinafter named.
Second, I do give devise and bequeath to my wife Eliza Van Wyck all my real estate of which I may die ?seized? and possessed wherever or however situated. To Have and To Hold the same to my said wife Eliza for and during her natural life, and after the decease of my said wife Eliza I do give devise and bequeath the said real estate to such of my children as shall be living at the time of the decease of my said wife Eliza, and the lawful issue of such of them as may then be dead leaving lawful issue, to be equally divided between them share and share alike, the said issue to take the proportion or share which his, her or their parent would take if living and no more.
Third, I do give devise and bequeath unto my said wife Eliza all my horses, cows, stock, farming utensils, carriages and other articles now in use in and about the premises now occupied by me. Also all my silver ware, wearing apparel, Household furniture & c now in my possession or which I may have at the time of my decease, To Have and To Hold the same to my said wife Eliza her heirs and assigns forever.
Fourth, I do give devise and bequeath unto my said wife Eliza the one equal undivided one half part of all the residue and remainder of my personal estate. To Have and To Hold the same to my said wife Eliza her heirs and assigns forever.
Fifth, I do give devise and bequeath the remaining equal undivided one half part of my personal estate to my sons Jacob Southard Van Wyck, Stephen M. Van Wyck and William H. Van Wyck to be equally divided between them share and share alike. And in case of the death of either or any of them without lawful issue then I do give devise and bequeath the share of such one or more as shall so die to the survivors or survivor of them share and share alike. But if either of my said sons should die with lawful issue then I do give devise and bequeath the share or shares of such one or more as shall die to his or their issue which shall be living, the said issue to take the share which his or her parent would take if living and no more.
Lastly, I do hereby nominate constitute and appoint my wife Eliza Van Wyck and my son Jacob Southard Van Wyck, Executrix and Executor of this my Last will and Testament hereby revoking all and any will or wills by me at any time heretofore made and I hereby declare this to be my Last will and Testament.
pg 343
In witness whereof I have hereunto signed my name and affixed my seal this Fifth day of July in the year of our Lord one thousand eight hundred and fifty nine.
Stephen M. Van Wyck LS
Signed Sealed published and declared by the said Testator Stephen M. Van Wyck as and for his last will and Testament in our presence who in his presence and at his request and in the presence of each other have subscribed our names respectively as witnesses hereto.
Theodore Miller of the City of Hudson Col. Co. N.Y.
J. Van Ness Lyle of the City of Hudson Col. Co. N.Y.
Whereas I Stephen M. Van Wyck of the town of Claverack in the County of Columbia have made my last will and testament bearing date the fifth day of July one thousand eight hundred and fifty nine in and by the second clause of which I did give and devise to my wife Eliza Van Wyck all my real estate during her natural life & c as by reference to the said will and the second clause thereof will more fully appear:
Now therefore I do by this my writing which I hereby declare to be a codicil to the said last will and Testament and to be taken as a part thereof, authorise and empower my Executrix and Executor in the said will named or the survivor of them to sell and dispose of the said Real Estate as they or he or she may deem fit and proper and to execute and deliver a good & sufficient deed or good & sufficient deeds of the same to the purchaser or purchasers thereof. And I do hereby order & direct that in case of a sale or sales of such Real Estate or any parcel thereof, that the proceeds of any such sale or sales shall be invested for the benefit of my said wife during her life and after her decease to be divided amongst my children as provided in the said second clause.
And lastly it is my desire that this codicil be annexed to and make a part of my last will & Testament aforesaid to all intents and purposes.
In Witness whereof I have hereunto signed my name and affixed my seal this Twenty Third day of December in the year of our Lord one Thousand eight hundred and Fifty nine.
Stephen M. Van Wyck LS
Signed Sealed published and declared by the said Testator Stephen M Van Wyck as & for a codicil to his last will and testament in our presence who at his request & in his presence & in the presence of each other have subscribed our names thereto as attesting witnesses.
Theodore Miller of Hudson, N.Y.
J. Van Ness Lyle of Hudson, N.Y.
Whereas I Stephen M Van Wyck of the town of Claverack
pg 344
in the County of Columbia & State of New York, have made my last will & testament in writing, bearing date the Fifth day of July in the year of our Lord one thousand eight hundred and fifty nine in and by which I have nominated and appointed my wife Eliza Van Wyck and my son Jacob Southard Van Wyck Executrix and Executor of my said last will and testament.
Now therefore, I do by this my writing which I hereby declare to be a codicil to my said last will and testament and to be taken as a part thereof, order and declare that my will is that my son Stephen M. Van Wyck Jr be and Executor of my said last will and testament, and I do hereby nominate appoint him my said son one of the Executors as aforesaid, and in addition to my said wife Eliza Van Wyck Executrix and my said son Jacob Southard Van Wyck Executor of my said last will & testament.
And lastly, it is my desire that this codicil be annexed to and made a part of my last will and testament as aforesaid to all intents and purposes.
In witness whereof I have hereunto set my hand and seal this twenty sixth day of March in the year of our Lord one thousand eight hundred and seventy.
Stephen M. Van Wyck LS
The above instrument consisting of one sheet was at the date thereof signed sealed published and declared by the said Stephen M Van Wyck as and for a codicil to his last will and testament in presence of us who at his request and in his presence an in presence of each other have subscribed our names as witnesses thereto.
E. G. Studley residing at Claverack Col. Co. N.Y.
Henry Colvill residing at Claverack Col. Co. N.Y.
Columbia County SS: Theodore Miller of the City of Hudson in the said County being first duly sworn deposes and says that he is a subscribing witness to the two Instruments now shown to him the one purporting to be the last will and testament of Stephen M Van Wyck & bearing date on the 5th day of July A.D. 1859, the other a codicil thereunto dated December 23, 1859. That he deponent and J. Van Ness Lyle the other subscribing witness to both said Instruments signed their names as witnesses to said Instruments respectively at the request & in the presence of the said Van Wyck & in the presence of each other. That he saw the said Van Wyck execute the said two Instruments and heard him declare the one to be his last will & testament the other a codicil thereto at which times the said Van Wyck was of sound and disposing mind & memory, of full age & not under
pg 345
any restraint to his knowledge or belief. That said J. Van Ness Lyle is now dead, that deponent was well acquainted with his handwriting & has seen him write and that his signature to both said Instruments is in his own proper handwriting.
Sworn to before me this Theodore Miller
24th day of January 1871
H. W. McClellan
Surrogate
Columbia County SS: Elbridge G. Studley and Henry Colvill each of the town of Claverack in said County being first duly sworn in open court do depose and say that they are subscribing witnesses to the Instrument now shown to them purporting to be a codicil to the last will of Stephen M. Van Wyck deceased bearing date March 6, 1870. That they signed their names as witnesses to said Instrument at the request & in the presence of the said Stephen M. Van Wyck & in the presence of each other. That they saw the said Stephen M. Van Wyck execute the said Instrument & heard him declare the same to be a codicil to his last will & testament at which time the said Stephen M. Van Wyck was upwards of twenty-one years of age, of sound mind & memory & not under any restraint to their knowledge or belief. That the said Stephen M. Van Wyck is now dead & was at the time of his death an inhabitant of the town of Claverack in the County of Columbia & State of New York.
Sworn to before me this E. G. Studley
25th day of January 1871 Henry Colvill
H. W. McClellan
Surrogate
Columbia County SS:
Recorded the preceding last will and testament and two codicils thereto of Stephen M. Van Wyck late of the town of Claverack in the County of Columbia deceased as a will of real and personal estate together with the proofs taken in the Court of the Surrogate of the County of Columbia relating to said will and codicils which record is hereby signed and certified by me pursuant to the provisions of the Revised Statutes of the State of New York this 25th day of January AD 1871.
H. W. McClellan
Surrogate
