Solomon Ormsbee
Written and proved December 1838
Greene County Surrogate's Records Will Book D, pages 237-242
Located at the Vedder Memorial Library
Contributed by Lynn Kenney
Surnames mentioned: Buel, Burhans, Ives, Merwin, Ormsbee,
Rice, Sutherland,
Watson
Nathaniel Ormsbee being duly sworn says that he was not present when the will
of Solomon Ormsbee, now shown to him was executed, that he received the said
will of Sally Ormsbee widow of the said Solomon Ormsbee deceased, on or about
the 1st day of December 1838, & kept the same until he presented it to the
Surrogate of Greene County for probate which was on the 7th day of December
1858. -- Nathaniel Ormsbee
The foregoing proofs & examinations were taken before me the said Surrogate
at my office in the Village of Catskill & County of Greene on the 24th day
of December 1838, and the depositions of Thomas Burhans, Jacob Burhans, &
Bethuel Sutherland, the subscribing Witnesses to the said will & of
Nathaniel Ormsbee, and Sally Ormsbee the person offering the said will for
probate & of Sally Ormsbee, the person having had the custody of the said
will were by them respectively subscribed after having been carefully read over
to them,
upon the said proofs & examinations taken of the Genuineness and validity of
the said will, and that the same was duly executed & that the said Solomon
Ormsbee at the time of the Execution of the same, was in all respects competent
to devise real Estate and not under restraint, do allow the said will, proofs
and Examinations to be recorded. -- Malbone Watson Surrogate
WILL
The last will and testament of Solomon Ormsbee of the Town of Windham County
of Greene and State of New York.
I Solomon Ormsbee considering the uncertainty of this mortal life and being of
sound mind & memory, blessed be almighty God for the same, do make &
Publish this my Last will & Testament, in manner & form following (that
is to say, First, I give & bequeath unto by beloved wife Sally Ormsbee, the
use of the Farm I now live on, during her widowhood - for her support without
impeachment or want -, and from and immediately after her decease I give and
devise the same farm unto my two sons, viz..Nathaniel Ormsbee & Caleb
Hubbard Ormsbee their Heirs & assigns forever, to be equally divided between
my said two sons before mentioned. Also I give and devise unto my eldest son
Samuel Ormsbee, the south part of my Sheldon farm, on which he now lives,
according to a survey make John W. Rice, during the term of his natural life,
Impowering my Executors hereafter named to hinder him from wasting or destroying
the Timber on the same and from & immediately after his Decease I give &
devise the same unto his two sons, viz George Hubbard Ormsbee & John Buel
Ormsbee to be equally divided between him, their heirs & assigns forever,
and in case either of them shall die before the age of Twenty One
years, or without leaving a lawful heir, then I give the share of him so dying
unto the survivor of them & if both of them shall happen to die before the
attaining of the age of Twenty one years, or of leaving a lawful heir, then I
give and bequeath the same, unto the remaining lawful heirs of my son Samuel
Ormsbee their heirs and assigns forever to be equally divided between them. Also
I give & devise unto my Daughter Abigal, the wife of John Ives, Junr the
north part of my Sheldon farm, on which she now lives, according to
a survey made by John W. Rice, during the Term of her natural life. Impowering
& requiring my Executors hereinafter named to hinder her or any one else
from wasting or destroying the Timber on the same & from & immediately
after her decease, I give & bequeath the same unto the lawful heirs of my
said Daughter Abigal their heirs & assigns forever, & in case either of
them shall die before the age of Twenty One years, or without
leaving a lawful heir then I give the share of Him, her, or them so dying unto
the surviving heirs of my said Daughter Abigal their heirs & assigns
forever. Also I give & devise unto my Daughter Hannah the wife of Leverett
Merwin, the sum of Eight Hundred Dollars, which said sum of Eight Hundred
Dollars I require and Impower my Executors hereinafter named to put out a
interest on good landed securety, and the interest to be paid to my said
Daughter Hannah or her order annually during her life time, and should she stand
in need of any of the principal, I impower & require my said Exedcutors to
let her have it at their own discression and from & immediately after her
decease, I give & devise that the said sum of Eight hundred dollars or the
residue thereof as the case may be, shall be equally divided between her lawful
heirs. Also I give and devise unto my son Samuel Ormsbee the sum of Two Hundred
Dollars. Also I give and devise unto my daughter Abigal the wife
John Ives Junr the sum of One Hundred Dollars, the said two last Legacies to be
disposed of the same as that given to my Daughter Hannah, the wife of Leveritt
Merwin. Also I give and devise to my two Grandsons viz. Solomon Ormsbee Merwin
& Daniel Merwin sons of my Daughter Hannah the wife of Leverett Merwin,
Three Hundred Dollars, that is to say, to Solomon Ormsbee Merwin the sum of Two
Hundred Dollars & to Daniel Merwin One hundred Dollars to be paid to them
respectively at their respective ages of Twenty one years, the same to be put
out at interest on Landed Securety, and the interest accruing thereby to be put
out to interest annually, at the descretion of my Executors and in case either
of them shall die before the age of twenty one years, or without leaving a
lawful heir, then I give the share of him so dying unto the survivor of them,
and if both of my said Grandsons shall happen to die before the attaining the
age of Twenty one years or of leaving a lawful heir, then I give & bequeath
the same unto the lawful heirs of my
said Daughter Hannah, the wife of Leverett Merwin to be equally divided between
them. Also I give and devise to my two grandsons, viz George Ormsbee & John
Buel Ormsbee the sons of my son Samuel Ormsbee one Hundred Dollars Each to be
paid to them at the respective ages of Twenty one years the same to be put out
at interest on good Landed Securety & the interest accruing thereby to be
put out to interest annually at the discretion of my Executors, and in case
either of them shall die before the age of Twenty one years, or without leaving
a lawful heir, then I give the share of him so dying unto the survivor of him,
and if both of my said Grandsons shall happen to die before the attaining the
age of Twenty one years of leaving a lawful heir, then I give and bequeath the
same unto the lawful heirs of my said son, Samuel Ormsbee to be equally divided
between them. Also I give & devise to my grand-son Caleb Ormsbee Ives, the
son of my Daughter Abigal the sum of One Hundred dollars to be paid to him at
the age of Twenty one years the same to
be put out at interest on Landed Securety, and the interest accruing thereby to
be put out at interest annually at the discretion of my Executors, and in case
he shall die before the age of Twenty one years of without leaving a lawful
heir, then I give and bequeath the same unto the lawful heirs of my said
Daughter Abigail the wife of John Ives Junr to be equally divided between them.
Also I give & devise unto my beloved wife Sally Ormsbee the use
of Five hundred Dollars during her widowhood as her Dower and the said sum of
five hundred dollars to be put at interest by my Executors on good landed
securety, and the interest to be paid to my said wife Sally Ormsbee or her order
annually during her widowhood, and should she stand in need of any of the
principal during her widowhood I Impower & require my said Executors herein
named to let her have it at their own discretion & from & immediately
after her decease or her marriage again then I give & devise that the said
sum of five hundred dollars or the residue thereof as the case may be shall be
equally divided between all my children and Grand Children. Also I give and
bequeath unto my Two Grand-sons viz. George Hubbard Ormsbee & John Buel
Ormsbee one yock of two year old steers and Ten sheep their heirs & assigns
forever, and in case either of them shall die before the age of Twenty one
years, then I give the share of him so dying unto the surviving one his heirs
& assigns forever. Also I give & bequeath unto my two Grand Daughters
viz. Sarah & Annes Ormsbee ten sheep to be equally divided between them, and
in case either of them shall die before the age of Eighteen years, then I give
the share of her so dying unto the surviving one her heirs & assign forever.
Also I give & bequeath unto my Grandson, Caleb Ormsbee one yearling Heifer
& five sheep. Also I give & bequeath unto my Daughter Emeline Ives 1 Cow
& five sheep, and in case either of them shall die before the age of Twenty
one years, then I give the share of him or her so dying unto the surviving one,
and finally all the rest, residue, and remainder of all my personal property,
goods & chattels of what kind and nature soever, not herein before otherwise
effectually disposed of after payment of my debts, legacies, funeral expenses
to be equally divided between my two sons, viz Samuel & Nathaniel Ormsbee
and my two Daughters viz. Hannah, the wife of Leverit Merwin, & Abigal the
wife of John Ives Junr, and the shares of my two Daughters & my son Samuel
to be disposed of the same as the two hundred dollars heretofore bequeathed unto
my said son Samuel. And I do hereby constitute my beloved wife Sally Ormsbee
Executrix & my son Nathaniel Ormsbee and my friend & Cousin David Buel
Executors of this my last will & testament in witness whereof I have
hereunto set my hand and seal the Twenty Eighth day of July in the Year of our
Lord
One thousand Eight hundred & thirty Eight. -- Solomon Ormsbee
Signed sealed Published & declared by the said Testator as & for his
Last will & Testament In presence of us, who at his request, in his presence
& in the presence of Each other, have subscribed our names as Witnesses
thereunto
Thomas Denham [sic]
Jacob Denham [sic]
Bethuel Sutherland