Will of Isaac VAIL of Washington Town, Dutchess County, New York

Will written 1791 and recorded 20 December 1794

Transcribed by Sharon Buckley

(All misspellings have been transcribed as written in the original document )

Dutchess Co., NY Wills, Vol. AA, A 1751-1796, Vol. A, Pg-427-430

 
Know all men by these presents that I, Isaac Vail of Washington town county of Dutchess and state of New York being of perfect mind and memory and calling to mind the uncertainty of time, do make and ordain this my last will and testament in manner following, that is to say
First my will and desire is that all my just debts be paid out of my personal estate within a reasonable time after my decease by my executors hereafter named.
 
Item.  I give to my loving wife Lydia all my estate both real and personal after my debts and funeral charges are paid, for her use in bringing up and schooling, such of my children as stand in need thereof, who having the advice and assistance of my executors therein, to possess and enjoy the same during her widowhood or until my youngest child shall arrive to the age of fourteen years, and provided my stock and ? (exclusive of household furniture) should fall short of paying or above this I will and order my executors to sell my sawmill with as much land and adjoining to it as may ensure all just demands, as ? other show and ?...? to the advantage of my family, referring to my wife the ? and privileges of all the remainder of my estate as above unless she should marry before my youngest child shall arrive to the age of fourteen years, in which case of her so marrying, I then will and order the remainder of my farm to be left to the best advantage for the mutual benefit of all my legators in an especial manner ? those under the ages of fourteen years, according to the discretion of my executors.  And ? I will and order that when my youngest child shall arrive to the age of fourteen years that all my estate both real and personal be sold, and the moneys arising from the lot of sales be equally divided amongst my wife and children, namely:  Solomon, Jacob, Isaac, Moses, Tiddeman, George, Hannah and Phebe, that is to say, my wife married or unmarried is to be equal with one of the children and my daughters to take this movable estate as far as it goes towards their part and what it falls short to be made up out of the real estate and that my lands be disposed of for their mutual advantage or may then be judged bet by said executors and others concerned, with the advising counsel of other friends if needed.  And if my wife should die before my youngest child arrives to the age of fourteen years, I will and ? she may have the  ? of her said ? agreeable to her own mind amongst our own children.  And further if either child or children should die before the youngest comes to the age of fourteen years and leaves lawful issue, that his, her, or their part or parts go to their offspring, or if no ? issue then to be equally divided amongst the surviving children, and the ? I give to my wife is in lieu of her dower and power of thirds, and lastly I appoint my friends Tiddeman Hull Jr, Isaac D? and my son Solomon executors to this my last will and testament fully empowering and authorizing them to act in all cases as action may require for the settlement of this my last will and testament.
In testimony whereof, I hereunto set my hand and seal this seventh day of the fifth month Anno Domini seven hundred and ninety one.  Isaac Vail.
Signed, sealed and ? to be his last will as above in the presence of us, Joshua Hallach, Gilbert Griffin, Tiddeman Hull.
 
Be it remembered this 2 day of the 2 mo. A.D. 1792, that I Isaac Vail being of sound mind and memory and taking into consideration my family and estate, have examined and considered this my above will, which I do fully approve of and now confirm, but I now think  ?, and it is now my desire in addition to the above executors to add my two sons viz Jacob and Isaac Vail as executors to my above said will to act in conjunction with the above named executors.  In witness thereof I have thereunto set my hand and seal this day 2 March 1794.
Isaac Vail.
Signed and sealed in the presence of Gilbert Griffin, Joshua Hallach, Shadrach Ricketson. 
 
Dutchess County.  Be it remembered that on the eleventh day of December one thousand seven hundred and ninety four personally appeared before me Gilbert Livingston surrogate of the said county, Gilbert Griffin of said county ? who on his affirmation declared that he did see Isaac Vail sign and seal the preceding written instrument here ? to be the will of the said Isaac Vail bearing date the fourteenth day of the fifth month seventeen hundred and ninety one and heard him publicize and declare the same as and saw his last will and testament that at the time thereof the said Isaac Vail was of sound disposing mind and memory to the best of the knowledge and belief of him the affirmant, and that Joshua Hallach, Tiddeman Hull and the affirmant severally subscribed the said will as witnesses thereto in the ? ?, Gilbert Livingston surrogate, Dutchess County.
 
Be it also remembered that on the said eleventh day of December one thousand seven hundred and ninety four personally appeared before me the said Gilbert Livingston surrogate of said county, the said Gilbert Griffin who on his affirmation declared that he did see Isaac Vail sign and seal the preceding written instrument  satisfactory to be a codicil, an addition to ? ? of the will of the said Isaac Vail bearing day this 2nd day of the 2nd month 1794 and heard him publish and declare the same as and for a part of his last will and testament that at the time thereof the said Isaac Vail was of sound and disposing mind and memory to the best of the knowledge and belief of him the affirmant, and that Joshua Hallach, Shadrack Ricketson and the affirmant severally subscribed the said will as witnesses thereto in the testators presence. 
Gilbert Livingston..
 
The people of the state of New York by the grace of God free and independent.  To all whom there presents shall come or may concern, send greeting.   Know ye: that at Poughkeepsie in Dutchess county on the eleventh day of December one thousand seven hundred and ninety four before Gilbert Livingston surrogate of our said county, the last will and testament of Isaac Vail deceased (a copy whereof is hereinto ?) was issued and is now approved and allowed of by us and the said deceased having whilst he lived, and at the time of his death goods, chattels or credits within this state by means whereof thus proving and registering the said will, and the granting administration of all and singular this said goods, chattel and credits and also this auditing all owing and final discharging the account thereof doth belong unto us.  The administration of all and singular the goods, chattels and credits of the said deceased and any concerning his will is granted unto Solomon Vail and Jacob Vail, two of the executors in the said will named, they being first duly affirmed well and faithfully to administer the same, and to make and exhibit action and ? inventory of all and singular the said goods, chattels and credits and also to render a just a 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 Gilbert Livingston Ssquire, Surrogate of the said county at Poughkeepsie the eleventh day of December in the year of our Lord one thousand seven hundred and ninety four and of our independence the nineteenth. 
Gilbert Livingston   Dutchess County resident, the preceding will of Isaac Vail, the certificates of the proof thereof  “date”? in his hand/ and letters testamentary therein, this 20
th day of December 1794.
Gilbert Livingston, surrogate
The assigned will released to Samuel Vail Dec 31, 1794.  G. Livingston
 

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