1800- April 1, 1869
Submitted by Jackie Towner
Note: Benjamin is the brother of Sanford Howard
Be it remembered:
That on the 15th day of April A.D. 1869 Tana Howard Executrix named in the last will and testament of Benjamin Howard late of the Town of Coxsackie, Greene County, deceased, appeared in open court and applied to have a certain instrument in writing duly proved and established as and for the last Will and Testament of the said deceased, and the Surrogate thereupon ______his Citation to each of the heirs and the next of kin as provided by law, requiring them to be and appear in the Court on the 7th day of June AD 1869 at 10 o’clock in the forenoon of that day then and there to attend the probate of said will.
That no one appeared to oppose the probate of said Will, and that such proceedings were thereupon had as by law are required and on return day of said Citation, the proofs and examinations of the Witnesses to said Will were duly taken, and the said will together with the proofs and examinations thereof are as follows to wit:
In the name of God amen:
I Benjamin Howard of the town of Coxsackie in the County of Greene and State of New York of the age of fifty eight years in July coming----and being of sound mind and memory do make, publish and declare this my last Will and Testament in manner following that is to say ---------
First, I give and bequeath to my wife Tana Howard all my Real Estate of which she will come in possession of after my decease if she survive me.
And lastly, I give and bequeath all the rest, residue and remainder of my Personal Estate, goods, and chattels of what nature of kind soever to my said wife Tana Howard whom I hereby appoint my sole Executrix of this my last Will and Testament, hereby revoking all former Wills by me made.
In witness whereof, I have hereunto set my hand and seal this the 19th day of May, in the year of our Lord one thousand eight hundred and fifty eight.
(signed) Benjamin Howard (L.S.)
The above instrument consisting of one sheet was at the date thereof, signed, sealed, published and declared by the said Benjamin Howard as and for his last Will and Testament in the presence of us, who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto.
John N. Cornwell, residing at Coxsackie, Greene County (died on or about 28 January 1868 – SH)
Clinton Delamarter, residing at Coxsackie, Greene County
Notice published in the Argus, City of Albany:
The people of the State of New York to Tana Howard , residing in Coxsackie, Greene County and state of New York; Stephen D. Howard, George Howard and Bryon Howard, residing in Shandaken, Ulster County, N.Y; Philip Howard , residing in Woodstock, in the said county of Ulster, Sandford Howard and Sally Ann Green, residing in Hunter Greene county aforesaid; Henrietta Crasper, residing in Cairo, in the said county of Greene; Alfred Howard residing at Olive, in the said county of Ulster; Lydia Wilson, Lucinda Howard, Rebecca Howard, Mary Ann Howard, Benjamin Howard and Woolsey Howard, whose respective places of residence cannot after diligent inquiry be ascertained, heirs at law and next of kin of Benjamin Howard , late of the town of Coxsackie, county of Greene, deceased, greeting.
Whereas Tana Howard, of the town of Coxsackie, and county of Greene, has lately applied to the Surrogate of Greene County, to have a certain instrument in writing, relating to real and personal estate, duly proved as the last Will and testament of the said Benjamin Howard, deceased. You and each of you are hereby cited to appear before the said Surrogate at his office, in the town of Catskill, in said county of Greene, on the 7th day of June next, at 10 o’clock in the forenoon of that day, then and there to attend the probate of the said will, in testimony whereof, the said surrogate has hereunto set his hand and affixed the seal of the Surrogate’s Court of said county, the 15th day of April, one thousand eight hundred and sixty nine. John Olney, Surrogate of Greene County.