Livingston County NY GenWeb
Abstracted Wills & Probate Records
Children: Henry, Francis, Ann Banker, Betsey Newkirk
Will Book Vol 2, page 108. Recorded March 4 1833.
Albert Acker; Groveland
In the name of God Amen.
I Albert Acker of the town of Groveland in the county of Livingston and State of New York being weak in body yet of a sound and perfect understanding and memory do make and constitute this my last will and testament and desire it to be recorded as such and as to such worldly estate where with I had pleased God to bless me with.
I give demise & dispose in the following manner and form viz:
Firstly I give and bequeath to my son Henry Acker one dollar.
2dy I give and bequeath to my son Francis Acker one dollar.
3ly I give and bequeath to my daughter Ann Banker fifteen dollars or one good decease.
4ly I give and bequeath to my daughter Betsey Newkirk fifteen dollars or one good cow.
The above legacies to be paid by Sarah my wife in three years after my decease.
Sixthly I leave and bequeath to my loveing wife Sarah Acker the use of all my real Estate and personal property to be at her control in during her life time or as long as she remains my widow. In case my said wife should yet married I allow my executor hereafter named if the think (not readable) best for the benefit and heirs to take the property from my wife. Except the dower right and take care of it for my heirs herein after named and after the decease of my wife I allow and order my said executors to sell all my real & personal Estate to the best advises (not readable) the case. And my executors is hereby empowered to sell the same and make to the purchases good and sufficient titles in law for the same as much so as I might have done in my life time and the monies accruing from such property It is my will & pleasure that my son Silas Acker be paid fifteen dollars which together with some Seventy one dollars I gave him some twenty years ago constitutes his share And all the residies of money accrueing from said sales is to be paid by my said Executors to my fore Said viz Nathan Acker Samuel Acker Albert Acker and Levi Acker in Equal shares to be divided.
I do hereby nominate constitute & appoint my Friends John Boyd & David Gamble of Groveland my Executors of this my last will & testament hereby revoking all other & former wills by me at any time heretofore made In witness where of I have hereunto set my hand & seal the 8th day of March 1832.
Signed sealed published & (not readable) by the said testator Albert Acker on & for his last will and testament in the presence of us who have subscribed our names as witnesses thereto in the presence of the said testator.
Isaac Moor Groveland
At a Surrogates court held at Geneses in the county of Livingston on the fourth day of March 1833 before Samuel W. Spencer Esq. Surrogate of the said county for the propose of proving and recording the last will and testament of Albert Acker late of the town of Groveland in said county deceased in pursuance of Chapter 6th title 1st Article first part 2d of the revised Statues of the State of New York on the application of David Gamble & John Boyd Executors named in said Will
The Executors appeared in proper person. The heirs & advisees also appeared by acknowledging due service of notice, except John New Kirk and Elizabeth his wife.
The notice requiring the heirs to appear was produced in court with the signatures of Nathan Acker Samuel Acker Henry Acker Francis Acker Sarah Acker Pamela Acker Albert Acker Stephen Bunker & Anne Bunker whose signatures were severally proved by the oaths of the aforesaid executors The executors also produced in court the affidavit of Philo K. Cole foreman in the office of the Albany Argus certifying that the notice to the heirs of Albert Acker deceased was regularly published in the said Albany Argus the State paper for the full regular term of six weeks which is allowed as sufficient notice under the statute to the heirs out of the state to wit John New Kirk & Elizabeth his wife
And A is further proven by the oaths of John Solmon & Jennings Ogden who severally subscribed the instrument produced, as the last will & testament of the said Albert Acker deceased that the said Albert before & at the time of his death was a resident of Groveland in said county that in their presence the said testator subscribed the said testament & declared & to be his last will and testament and the said witnesses in the presence of the testator and in the presence of each other and also at the request of the testator subscribed the said will as witnesses.
Samuel W. Spencer
The foregoing proofs & allegations & ex acquisitions taken before me the surrogate aforesaid at the time & place first mentioned and the depositions of the respective witnesses were by them respectivey subscribed after having been carefully read over to them and the said surrogate being satisfied upon the said proof taken that the said will was duly executed That the said testator at the time of Executing the same was in all accepts competent devise real estate & not under restraint do therefore allow the said will proof & examination to recorded
Witness S. W. Spencer Surrogate fore said day and year afore said
Contributor: Kay Doss (kdoss @ cvalley.net)