|Last Will and Testament|
Peter Yates of Schaghticoke
Transcribed from Sampubco photocopy by Wayne E. Weatherwax on Feb. 19, 2007
In the name of God amen. I Peter Yates of the town of Schaghticoke in the county of Rensselaer do this fifteenth day of August in the year of our Lord one thousand eight hundred and seven make and publish this my last Will and testament in manner and form following that is to say
Imprimus I commend my soul into the hands of almighty God who gave it to me and my body to the earth from whence it came in hopes of a joyful resurrection through the merits of my savior Jesus Christ and as for that worldly estate wherewith it has pleased God to bless me~
Item: Whereas previous to my [crossed out word "death"] marriage to my present wife a settlement bearing the sixth day of October in the year of our Lord one thousand seven hundred and ninety six was made between us making provision for her support in case of her surviving me and if that shall be the case I then Leave it to my executors of this my last Will and testament to act and do as they think most advisable agreeable to the above said settlement. (wew)
Item: I give my son Christopher two hundred acres of land or a lot of lands between Isaac BACKER and myself in the county of Montgomery and district of Canneyjoharry [Canajoharie] on the south side of the Mohawk river in a patent granted to Philip Livingston and others distinguished and known by the name of lot number twenty seven being conveyed by Henry Oothout and Jeremiah Van Rensselaer Commissioners to Peter Yates And Isaac B---?--- as will appear by deed dated August 16th, 1787, to them and their heirs and assigns forever And also my Holland [---?---] (wew)
Item: I give to my son Jacob the farm and all the woodland whereon I now live south of the lane excepting thirty acres which I have conveyed away, and also I except a new house [three words illegible] with eight acres of woodland east of the house beginning at the public road near the river running eastwardly to the spring of water and north of the new barn bearing northwardly so as to take in the eight acres of land.
Item: I give to my son Isaac and to his heirs and assigns forever provided always to reserve and pay eight [bushels?] of good merchantable winter wheat to the Corporation of Albany yearly and every year in the month of January or February. (wew)
Item: I give devise and bequeath unto my son Christopher and said heirs forever all that farm last bought of Nicholas BRATT, in the county of Rensselaer where my son Abraham now lives, also two hundred Acres of woodland located east of the farm as will appear by patent granted by the State signed by George Clinton then governor of the State of New York all in trust never the less to and for the use benefit and behalf of my son Abraham and his heirs and assigns forever, and also my son Abraham shall have bedding for one bed with the old calico curtains, also one negro boy named Daffron if said negro outlives Abraham then in that case Abraham's son Peter shall have said negro Daffron. My close stool and bucket shall be left in [---?---] of my son Jacob to the use of all my family if sickness or anything else should require it.
I give the remainder of my stock whatever remains on my farm belonging to me at the time of my decease to my sons Jacob and Abraham excepting three cows and three horses and also my farming utensils being in use and on my farm at the time of my decease and I also give to my sons Jacob and Abraham my carpenter's and blacksmith's tools, and I give to my three sons Christopher, Jacob, and Abraham my wearing apparel of my body.
Item: I give devise and bequeath unto my sons Christopher, Jacob and Abraham their heirs forever all that farm where my son-in-law Dicky T. VAN VEIGHT now lives south of William WALDRON's land easterly from the river up to the main road. In trust never the less to and for the use benefit and behoof of my son-in-law Dicky T. Van Veighten and his wife Pietely and their heirs and assigns forever provided always that he the said Dicky T. Van Veighten shall pay yearly and every year forever for the above lands nine skipple of good winter wheat to the Corporation of Albany. I also leave in the hands of my son Jacob three hundred pounds of lawful money of the state of New York in trust [?] to and for the use benefit and behoof of my daughter [name illegible] [two words illegible] out his Jacob in her family, that she will
her children not become a parish charge. Sparing of the above three hundred pounds should be left in the hands of my son Jacob after my daughter Piet-?- decease it is my Will that the overflow money if any left be divided among the children then living of Pieterly of her own body.
Item: I give to my daughter Catharina two hundred twelve and a half acres of land out of a certain conveyance of Henry Outhout and Jeremiah Van Rensselaer conveyed to Peter Yates and Isaac Backer for four hundred and twenty five acres of land be the same more or less in the county of Montgomery and district of Caghuwager commonly called Mayfield being lot number 86 to the above Catharina and after her decease it is my will and order that the above two hundred and twelve and ½ acres of land shall come to her children of her own body their living and heirs and assigns forever and also one hundred pounds good and lawful money of New York to be paid to Catharina within one year after my decease.
Item: I give to my daughter Maria's children of her own body two hundred and fifty pounds lawful money of the state of New York. If any of the five children should decease before my decease or after the parents of the deceased shall come to the then living and each one is to have fifty pounds at the time they come of age or when they or either of them shall marry. (wew)
Item: I give to my daughter Annatie the half of one hundred and seventy nine acres of land being the west half of the [???] the county of Saratoga on the north side of the Mohawk River in a patent granted to N--?-- Houreniane and others called by the name of Shenondehowa or alias Clifton Park being part of lot number seven as will appear by deed signed by John Glen. I give Annatie and her heirs forever.
Item: I give to my grandson Henry Frey YATES one hundred and fifty acres of wild lands which lands lays in a patent granted by the State of New York to Henry Outhout and Jeremiah Van Rensselaer and others and whereas said Van Rensselaer & Outhout did by certain conveyance signed unto Mathew Visscher in his deed in order for said Visscher to give a conveyance to Peter Yates and his heirs and assigns forever the above one hundred and fifty acres of wild land I give to Henry Frey Yates forever.
Item: It is my Will and order that two acres of land for my burial yard at the place where my first wife [is buried] out of lands I have at Schaghticoke. I will not have the above two acres of land sold, but to remain for a burial yard for my family forever.
Item: It is my Will and order that my three sons Christopher, Jacob and Abraham to pay my funeral charges and Jacob and Abraham to pay my just debts. I also order my three sons Christopher, Jacob & Abraham the minute I have deceased to take possession of all my books accounts and lands, notes and obligations and writing what so ever in my possession at the time of my decease, to be carefully kept together and not to give any person the liberty of handling any of these said papers, but only to the persons I shall appoint as my executors in my last will. The above mentioned papers with the rest of my writings must be locked up in my wagon chest. I give for that use forever the chest with all the papers is to be left in the property of my son Jacob. It is my wish that before Jacob's decease he shall order in his last will the chest together with the papers to one of his sons being lawful and not to his daughters. (wew)
Item: I give to my six children my silver plate to Christopher to Jacob to Abraham to Peterly to Catharina and to Annatie to be equally divided among them or sold among the above six children to the higgest bidder.
Item: I give to Peter Yates son of Jacob Yates the sum of sixty pounds in money in one year after my decease.
Item: I give to Sarah VAN VEGHTER wife of Philip WINNE the sum of fifty pounds in money one year after my decease.
Item: I give to my daughter Pieterly wife of Dicky Van Veghter in addition forty pounds in money to be in the hands of my son Jacob to be lent out if required by Pieterly's family to be judged by Jacob and Pieterly if any left after her death it must be divided among her children of her body.
Item: I give to my daughter Catharina wife of John VAN ANTWERP forty pounds in money in addition to be in the hands of my son Jacob to be lent out if required in Catharina's family to be judged by Jacob and Catharina, if any left after her death it must be divided among her children of her body.
Item: I give to my daughter Annatie wife of Philip VANDENBURGH twenty pounds in money in addition to be paid within six months after my decease. (wew)
Item: I give to Peter son of Abraham Yates fifty pounds in money to be paid out by his father Abraham in Shillings.
It is my Will and ordain that if one or more of my six children and the children of my daughter Maria being heirs in that my last Will and testament should happen to be discontent and make or breed any meanings or disturbance among the rest of my children being heirs that in such case I Peter Yates order it is my will that he or she so breeding such disturbance as above mentioned shall forever be debarred from being an heir or heirs in this my last will and testament and the part or parts of them making such disturbance shall be divided among the rest of the heirs not making such disturbance and to them and their heirs forever.
Item: I give to my daughter Pieterly wife of Dicky Van Veghter one Island for & during her lifetime and no longer to cut fencing stuff, mostly on the east side of the river named one half mile above my dwelling house being land granted by the State of New York signed by George Clinton Governor. (wew)
Item: I give devise and bequeath unto my son-in-law Philip Vandenburgh and Annatie Vandenburgh his wife and to their heirs and assigns forever the easternmost or half part of my farm in the county of Saratoga in Clifton Park patent the western [--?--] whereof I have in my said will given unto my daughter Annatie wife of said Philip Vandenburgh in consideration of which it is my will and I do hereby order that the said Philip Vandenburgh his heirs and executors and administrators shall pay unto the children of my said daughter Maria to wit, Sarah, John, Maria, and Catherine the sum of two hundred and fifty pounds, equal to six hundred and twenty five dollars, to be paid unto them and each of them in sums of fifty pounds as they respectively shall arrive to the age of twenty one years or as the day they or either of them may come to marry.
Testament lastly: I make ordain and appoint Jacob Yates, John Yates, John Gouvsie Yates, and Abraham Yates executors of this my last Will and testament and I revoke and disavow all former Wills by me made.
In witness whereof I the said Peter Yates have hereunto set my hand and seal this day and year first above written and pronounce this to be my last will and testament. (wew)
In the presence of
John G. Yates