Will and Probate of Benjamin Albro Recorded and Proved 9/5/1840, Dutchess County, NY

Transcribed and submitted by Cheryl Stewart

Record the last Will and Testament of Benjamin Albro deceased, proved and recorded as a Will of real and Personal estate this fifth day of September in the year of our Lord one thousand eight hundred and forty. ~

State of New York, Dutchess Surrogate Court
In the Matter of proving the Will of
Benjamin Albro Deceased.
Dutchess County Surrogate Office js: Be it Remembered that hereto for upon due application for that purpose to the surrogate of said Dutchess county, citations were issued by said Surrogate to the heir and nest of Kin of said deceased which said citations with the admissions & proofs of service thereof were thereafter returned to said surrogate and are as follow to wit:~
The People of the State of New York:
By the Grace of God and independent to all to whom these presents shall come to or may concern and especially to Stephen Albro, Alice Albro, James G. Albro and Israel Hall and Catherine His wife of Union Vale, in the county of Dutchess, heirs of Benjamin Albro Diseased. Greeting =
Where as James Albro late of the town of Union Vale in the County of Dutchess deceased as is alleged has lately died, leaving a last Will & Testament relating to Real and personal estate: and James Uhle Executor therein named had applied to the Surrogate of said Duchess county for the proof of said Will: You and each of you are hereby cited personally to be and appear at a Surrogates Court to be held before the surrogate of the County of Dutchess at his office Poughkeepsie, in said Dutchess county, on the 6th day of September next at ten o'clock as this forswore of that day then and there to attend the probate of the said Last Will and Testament of said deceased, IN Testimony Where of, We have caused the seal of office of our lord of Surrogate to be herein ffixed. Witness Robert Wilkinson, Esquire, Surrogate of said County of Dutchess of Poughkeepsie this 29th day of June in the year of our lord of the said eighteen hundred and forty. Robert Wilkinson, Surrogate

We admit due service of the mailing citation Dated June 24th 1840
[Statement from James H Uhle that each of the persons was served.
Then the wording of the notice that was served including the words “and especially to Bradley Albro whose place of residence is unknown” also a statement that a notice was placed in the Albany Journal once a week for six weeks, dated August 28, 1840]

Will
I Benjamin Albro of the town of Union Vale in the County of Dutchess being of perfect mind and memory do make and ordain this my last will & Testament in manner and form as follows, that is to say, first it is my will that my funeral expenses be paid and all my just debts. Secondly I give to my daughter Alice all my estate, outdoors and in, with her paying all honest debts that may come against my estate, only what is given otherwise. Thirdly I give to my son Stephen forty six dollars out of the money that he is owing towards the land which he owes and there will be about one hundred and fifty dollars due __, Yet I want him to hold the land and to pay that balance and not to take the land from him if he can pay every otherwise, and to give him a reasonable time to do the said and also I give him my spectacles and cais. Fourthly I give to my son Bradley twenty five dollars in money and the bed and bedding $ bedstead where I now sleep and my clock, the small looking glass in the east room and those green chairs with flag bottoms. Fifthly I give to my son James Grant five dollars in money and m desk and the looking glass I the room where I sleep and the bead & Beading and beadstead and cord where he sleeps in the chamber and all my wearing apperals ~ Sixth I give to my son Shadrack five dollars in money and twenty weight of pork. Seventh I give to my daughter Catherine Hall the sum of fifty cents to be paid her whithin twelve months after my decease ~ Eight I order my daughter Alice to remember the little girl Marry Ann Denny and send her to school so that she can read and rite. Ninth I do hereby nominate constitute & appoint James Uhle Esq. And Alice Albrow Executors to this my last will and Testament here by given them full power and authority to settle my estate according to this my last Will and Testament – fully by these presuits ratifying and confirming this and no other to by my last Will and Testament.
Signed sealed and published this eighth day of January in the year one thousand and eight hundred and thirty nine
Benjamín Albro [seal]
In Presents of Henry Uhle, Nicholas Uhle , Henry W. Uhle , of Union Vale, Dutchess County

[Followed by the Depositions of the above witnesses.]