Last Will and Testament
Tiney Van Buren


Information on this page was obtained from Rensselaer Co., NY Surrogate Court, Will Book 37, pages 294-297, and was submitted by Lin Van Buren.

Will of Tiney VAN BUREN, testatrix, of Schodack, written on 18 February 1841 and probated on 17 January 1848:

In the name of God, Amen, I TINEY VAN BUREN of the town of Schodack, County of Rensselaer & State of New York being weak in body but sound in mind & memory thanks be to Almighty God for the same do make & publish this my last Will & testament in manner & form following:

First I give and bequeath to TINEY SOPHIA VAN BUREN, daughter of widow JANE VAN BUREN, one Bed, Bedstead & Bedding, namely, two straw ticks, one feather bed, bolster & bed pillows, one double carpet blanket, two common blankets, five flannel sheets.

Second I give & bequeath to the heirs of my three brothers HENRY VAN BUREN, PETER VAN BUREN & TOBIAS VAN BUREN one third part of all my other beds & bedding & household furniture to each to be equally divided between them as follows:

Also all my wearing apparel to be divided between my three brothers' children above named in the same manner as the beds bedding & furniture as aforesaid in this my second bequest.

Thirdly I will that all my just debts be paid by my executors, funeral expenses etc and also a suitable tombstone to be erected to my memory.

Fourthly I give & bequeath all the remainder of my estate Personal & real of whatsoever name & nature to be equally divided between my brother Herman & the heirs of my other three brothers as follows:

Fifthly I do hereby appoint my brother Herman Van Buren & Charles Rhody executors to this my last Will & Testament, hereby revoking all former wills by me made.

In witness I have hereunto set my hand & seal this eighteenth day of February in the year of our Lord one thousand eight hundred & forty one.

Tiny -X- Van Buren

Wit: Nicholas Lester, Charles Rhoda


PROBATED: 17 January 1848

Proofs

Proofs [sic]

County of Rensselaer}
Surrogate Court}
====================}
In the matter of proving the Will}
& testament of Tiney Van Buren deceased}

County of Rensselaer ss.
NICHOLAS LESTER of the town of Schodack in the County of Rensselaer aforesaid, being first duly sworn in open Court on his Corporate oath, doth solemnly depose & say that he is a subscribing witness to the last will & testament of Tiney Van Buren late of the town of Schodack in the County of Rensselaer aforesaid deceased. And this deponent further saith that the said Tiney Van Buren the said testatrix did in the presence of this deponent subscribe her name by making her mark at the end of the instrument which is now shown & exhibited to the deponent & which purports to be the last will & testament of the said Tiney Van Buren & which bears date on the eighteenth day of February in the year of our Lord one thousand eight hundred & forty one. And this deponent further saith that the said Tiney Van Buren the said testatrix did at the said time of subscribing her name as aforesaid at the end of the said Will declare the said instrument so subscribed & now exhibited to be her last will & testament & this deponent did thereupon subscribe his name to the said Will as an attesting witness thereto & at the request of the said testatrix & in her presence. And this deponent further saith that at the said time when the said testatrix subscribed her name to the said last will as aforesaid the said Tiney Van Buren was of sound mind & memory of full age to execute a will and was not under any restraint to the knowledge, information or belief of this deponent. And that Charles Rhoda the other witness to the said Will did at the same time together with the deponent subscribe theirnames to the said Will as witnesses thereto, at the request of the said testatrix & in her presence & in presence of each other & further this deponent saith not.~

Nicholas Lester

Subscribed & sworn this 17th day}
of January 1848 before me}
G. T. Blair Surrogate of Rensselaer County}

NICHOLAS LESTER being cross examined says, I reside about one mile from Tiney Van Buren, where she lived. I should think & presume Mrs Van Buren sent for me. I think Herman Paine came for me. Mr Herman Van Buren was present most of the time when I was drawing the will. He spoke frequently. I don't know what he said. She & the old man were good friends. The testatrix directed the drawing of the will. Herman assisted in getting the names. She directed generally what I should write & he would assist in getting the names as there were a good many. He told me nothing about the distribution of the property. He said something about there being money out. Herman V Buren did not direct about the drawing of the will. The testatrix gave the directions about the drawing of the will. Mr Van Buren assisted in getting the names of the Legatees. Her health was poor at that time. She was confined in bed. She did not tell me her age. I do not know her age.

Nicholas Lester

County of Rensselaer}
Surrogate Court}
====================}
In the matter of proving the Will}
& Testament of Tiney Van Buren dec'd}

County of Rensselaer ss.
CHARLES RHODA of the Town of Schodack in the County of Rensselaer aforesaid, being first duly sworn in open Court on his corporate oath doth solemnly depose & say that he is a subscribing witness to the last will & testament of Tiney Van Buren late of the town of Schodack in the County of Rensselaer aforesaid deceased. And this deponent further saith that the said Tiney Van Buren the said testatrix did in the presence of this deponent subscribe her name by making her mark at the end of the instrument which is now shown & exhibited to this deponent & which bears date on the eighteenth day of February in the year of our Lord one thousand eight hundred and forty one. And this deponent further saith that the said Tiney Van Buren the said testatrix did at the said time of subscribing her name as aforesaid at the end of the said Will declare the said instrument so subscribed and now exhibited to be her last will & testament & this deponent did thereupon subscribe his name at the end of the said Will as an attesting witness thereto & at the request of the said testatrix & in her presence -- And this deponent further saith that at the said time when the said testatrix subscribed her name to the said last Will as aforesaid the said Tiney Van Buren was of sound mind & memory, of full age to execute a will & was not under any restraint to the knowledge information or belief of the deponent. And that Nicholas Lester the other witness to the said Will did at the same time together with this deponent subscribe their names, to the said Will as witnesses thereto at the requestof the said testatrix in her presence & in the presence of each other & further this deponent saith not ~

Charles Rhoda

Subscribed & sworn this 17th}
day of January 1848 before me}
G. T. Blair Surrogate of Rensselaer County}

CHARLES RHODA being cross examined says Mr Nicholas Lester wrote the will. I don't know who else was present. I cannot tell. I don't know when the will was wrote. It must have been written for I heard the attesting clause read when it was executed. Mr Lester was present. I was sent for by Mr Van Buren the old gentleman. I don't remember in particular what was said -- when I got there Tiney Van Buren said that it was her last will & testament and wished me to sign as a witness. I was at my house when I was sent for, 1/4 of a mile off ~ Herman Van Buren and Mr Lester were the only persons present that I recollect of. I don't recollect that the old man before that told me that she was going to make a will, or how she was going to make it. I cant tell how old she was. She was rising of sixty. I should think when she made the will, I was there but a short time when the will was executed. It was all finished writing when I came in. I did not her [sic] Herman Van Buren advise any thing about the disposition of the property. I was there but a short time.

Charles Rhoda


Rensselaer County ss.

I, George T. Blair Surrogate of said County, do hereby certify that the foregoing is a true record of the last Will & Testament of Tiney Van Buren deceased with proofs thereof, is a Will of personal estate & that the same was duly recorded as a Will of personal estate this 17th day of January 1848.

G. T. Blair Surrogate


NOTE from Lin Van Buren: The will does not state that the testatrix's brothers Henry VAN BUREN, Peter VAN BUREN and Tobias VAN BUREN were deceased, although they may have been.

The will also describes one Tiney Sophia VAN BUREN as "daughter of widow Jane" - and not as "daughter of John", as has been incorrectly stated both in an abstract and in an article (apparently based on that abstract) which was published in The American Genealogist, Volume 50, Number 1, pages 40-42, 1973, by Richard G. Rider of 80 rue Botzaris, Paris, France.

Tiney or Tanneke VAN BUREN, this testatrix, was born on 3 February 1777, a daughter of Tobias Hendricksen VAN BUREN (1741-1814) and wife Jannetje Johannesse SALSBERG or SALISBURY (1746-1829). The testatrix's brother Harmon VAN BUREN (1775-1854) married Sophia MILLER (1772-1839); one of his two daughters was Jane VAN BUREN (1801-1888), who married John PAYNE (1802-ca 1839) and was the mother of six children, the eldest of whom was Harman Van Buren PAYNE (1822-1874), who at age 19 was sent to bring neighbor Nicholas LESTER to the VAN BUREN house to witness this will in 1841.

[Alternative search values: HARMON VAN BUREN, HARMANUS VAN BUREN, TANNEKE VAN BUREN, SOPHIA MILLER.]



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