Will
of
Jacob H. Keller
Contributed by Steve Henry
Greene
County, New York Will Book
Vol. D, Page 282 – 290
At a
Surrogates Court held at Town of Catskill County of Green on the 29th
day of April 1839 before Malbone
Watson
On the day & at the place aforesaid George Wickes one of the Executors of the Last will and testament of Jacob H. Keller late of the Town of Cairo & County of Greene deceased appeared & presented his petition setting forth among other things that the said Jacob H. Keller was dead, that at the time of his death he was an inhabitant of the Town of Cairo County of Greene and State of New York that previous to his death he made & published his last will & testament & therein & thereby appointed the said Petitioner & Walker Noble Executors of the same. That the deceased left him surviving Clarissa Keller his widow who resides in Cairo Greene County & Julia Dexter (daughter) wife of Bester Dexter of Cairo Greene County widow heirs & next of kin of the said deceased. The said Petitioner prayed that a citation might be issued to the widow heirs & next of kin of the said deceased requiring them to appear before the said surrogate at a certain time & place to attend to the probate of the said will as a will for real & personal Estate – Whereupon on reading & filing the said Petition & proof of the facts therein contained – It is ordered that a citation issue directed to the widow heirs & next of kin of the said Jacob H. Keller deceased requiring them to appear before the said surrogate on the 9th day of May next at 10. A.M. at the office of the said Surrogate in the Town of Catskill & County of Greene –
At
a surrogate court held at the Town of Catskill & County of Greene on the 9th
day of May 1839 before Malbone
Watson
On the day & at the place aforesaid George Wickes & Walker Noble executors of the will of Jacob H. Keller deceased & Clarissa Keller widow of the said deceased appeared and the said Executors having produced to me due proof of the service of the citation issued in this case upon Clarissa Keller the widow and Julia Dexter daughter of the said deceased. Whereupon the said Executors prayed that the said will might be admitted to probate pursuant to the said citation and upon the request of the said Executors I proceeded to hear the proofs of the Executors of the said will, and, thereupon Leander N. Havens & Samuel Portier, the subscribing witnesses to the will & George Wickes the person offering it for probate, and Amasa Mattoon the person having had the possession of the will since its Execution were sworn & testified as follows to wit.
Greene County aforesaid
Leander N. Havens of the of the Town of Cairo in the said County, being first duly sworn deposes & says that he was acquaintied (sic) with Jacob H. Keller in his life time that the said Jacob H. Keller is now dead, and was at the time of his death an inhabitant of the Town of Cairo in the County of Greene & State of New York that this deponent saw the said Jacob H. Keller Execute the instrument now shown to this deponent purporting to be the Last will & Testament of the said deceased and bearing date the Eighteenth day of October in the year of Our Lord one thousand Eight-hundred & Thirty Eight, & heard him declare & acknowledge the same as & for his last-will & testament. That at the time of such Execution & acknowledgement the said Jacob H. Keller was of sound & disposing mind & memory over the age of Twenty one to wit sixty five or seventy years old judging from his appearance & not under any restraint to the best of the knowledge, information & belief of this deponent – and the other subscribing witness to the said instrument, Samuel Portier subscribed their names respectively as witnesses to the said instrument in the presences and at the request of the said Jacob H. Keller and also in the presence of Each other
Leander N. Havens
Subscribed & sworn before in this 9th day of May 1839.
Greene County aforesaid
Samuel Portier of the of the Town of Cairo in the said County, being first duly sworn deposes & says that he was acquainted with Jacob H. Keller in his life time that the said Jacob H. Keller is now dead, and was at the time of his death an inhabitant of the Town of Cairo in the County of Greene & State of New York that this deponent saw the said Jacob H. Keller Execute the instrument now shown to this deponent purporting to be the Last will & Testament of the said deceased and bearing date the Eighteenth day of October in the year of Our Lord one thousand Eight-hundred & Thirty Eight , & heard him declare & acknowledge the same as & for his last-will & testament. That at the time of such Execution & acknowledgement the said Jacob H. Keller was of sound & disposing mind & memory over the age of Twenty one to wit sixty five or seventy years old judging from his appearance & not under any restraint to the best of the knowledge, information & belief of this deponent – and the other subscribing witness to the said instrument, Leander N. Havens subscribed their names respectively as witnesses to the said instrument in the presences and at the request of the said Jacob H. Keller and also in the presence of Each other
Samuel Portier
Subscribed & sworn before in this 9th day of May 1839.
M. Watson
Surrogate
Greene County aforesaid
George Wickes being duly sworn says that on the 29 day of April 1839 he received the will of Jacob H. Keller deceased of Amasa Mattoon of Cairo Greene County & kept it until he delivered it to the Surrogate of Greene County for probate which was on the same day he received it of Amasa Mattoon
Geo. Wickes
Subscribed & sworn before in this 9th day of May 1839.
M. Watson
Surrogate
Greene County aforesaid
Amasa Mattoon of Cairo Count of Greene, being first duly sworn deposes & says that he drew the will of Jacob H. Keller deceased at the request of the deceased, that the deponent was present & saw the said Jacob H. Keller Execute the said will. That after its execution the said Testator directed that the deponent to take the will, with a request that this deponent should safely keep the same, that this deponent kept the same, that this deponent kept possession of the said will until after the death of the said Keller & on the 29th day of April 1839 delivered the said will to George Wickes one of the Executors named in the said will & further says not.
Amasa Mattoon
Subscribed & sworn before in this 9th day of May 1839.
M. Watson
Surrogate
The foregoing proofs & examination were had before me the said Surrogate at my Office in the Town of Catskill & County of Greene on the 9th day of May 1839 & the depositions of Leander N. Havens & Samuel Portier the subscribing witnesses to the said will and George Wickes one of the persons offering the said will for probate and Amasa Mattoon the person having had the custody of the same, were by them respectively subscribed after having been carefully read over to them and I the said surrogate being satisfied upon the said proofs & examinations taken of the genuineness & validity of the said will & that the same was duly executed. That the said Jacob H. Keller was at the time of the execution thereof in all respects competent to devise real estate & not under restraint, do allow the said will proofs & examinations to be recorded.
Malbone Watson
Surrogate
Will
I, Jacob H. Keller considering the uncertainty of life & now being of sound & disposing mind & memory do make, ordain, publish & declare this my last will and testament in manner & form following viz, I give & bequeath unto my wife Clarissa one bed, bedstead & bedding.
I give & bequeath unto Angelica Searls the sum of One hundred dollars to be paid her by my Executors on her becoming of the age of twenty one years.
As to the rest & residue of my estate it is my intention & design that my daughter Julia & her children have their support and maintenance out of it in a reasonable manner she during her life, & the children during their minority subject to the charge hereinafter stated. I therefore give, devise & bequeath all the rest & residue of my real & personal estate whatsoever & wheresoever (after the payment of all just debts & funeral expenses) as follows that is to say, that out of said estate & the rents, issues & profits thereof my said daughter and her children shall have their reasonable & prudent support & maintenance the children until they respectively arrive at the age of twenty one years and my said daughter during her natural life and after her decease whatever remains of her said estate to go to her lawful heirs, my executors are to see this my intention carried into effect and are to limit the amount to be applied annually for their support & maintenance to the income of the property (including the charge to my wife) in their discretion or not, it is my wish that it be so limited if it can reasonably be, I give my said Executors full discretion to act in relation to the managing of this bequest & my intention as above expressed wishing & expecting them to act for the best interest of my daughter & her children. The furniture & personal effects that I have provided for furnishing the Tavern now occupied by my daughter & her husband Bester Dexter I direct to remain to be used for the purposes intended so long as said Tavern is kept by my daughter & family.
All my estate, real & personal is subject to the following charge & bequest viz, I will and direct that my executors pay unto my wife Clarissa the annual sum of One hundred dollars in each & every year after my decease, so long as she remains my widow & in case of her sickness so that the sum of One hundred dollars is insufficient for her support & maintenance then my executors are to increase the sum from time to time to such amount as in their discretion they deem necessary, which amount so directed as above to be paid is to be raised & appropriated by my executors out of my estate & the income thereof, this bequest to & for my wife is in lieu of all dower & thirds that she can claim in my estate. In case that the said Clarissa should hereafter marry it is left discretionary with my executors to continue the annual appropriation above bequeathed to & for said Clarissa or any part of the same after said marriage or not, or to discontinue the same at any time after that event, leaving it solely to their discretion after such marriage as to the allowance or continuance of this bequest or any part of the same. The income of my estate will be exhausted by the bequests of this will, so that their will be no accumulation of the same, the rents, issues & profits thereof.
I do hereby appoint George Wickes & Walker Noble of the Village of Cairo executors of this my last will & testament directing them to retain sufficient monies in their hands to reasonably compensate them for their services & expenses and hereby vesting in them full powers & interests to carry into effect this my last will & testament and discharge the trusts & duties reposed in my said executors by the same.
In witness whereof I have hereunto set my hand & seal this eighteenth day of October, 1838.
Jacob H. Keller
Signed, sealed, published &
declared by the said Testator Jacob H. Keller to be his last Will &
testament in the presence of us who at his request in his presence & the
presence of each other have hereunto subscribed our names as witnesses.
Leander N. Havens of Cairo
Samuel Portier of Cairo.