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Last Will and Testament Simon Vander Cook 1826 |
Information on this page was transcribed and submitted by Ronald D. Bachman, a direct descendant of the testator. Ron tells us that Simon Vander Cook was born 6 August 1749 and died 28 November 1829.
The last Will and Testament of
Simon Vander Cook
of Pittstown, County of Rensselaer and State of New York
I Simon Vander Cook considering the uncertainty of this mortal life and
being of sound mind and memory (blessed be Almighty God for the same)
do make and publish this my last Will and Testament in manner and form following,
that is to say.
First, I order and will that all my just debts shall be paid out of my Estate.
Secondly, I will and direct that the remainder of my Estate, both real and personal
after the payment of all my debts shall be divided in the following manner,
that is to say.
I give devise and bequeath unto Michael S. Vander Cook, Gilbert Vander Cook,
John Vander Cook, Simon Vander Cook, and Peter Vander Cook, all my sons,
and to their heirs forever ten shares or parts of all my Estate
both real and personal whatsoever, the whole of my Estate to be divided into
fifteen shares or parts, and the said ten shares or parts to be equally divided
between my said sons aforesaid or their heirs share and share alike except as is
hereinafter stated, that is to say.
I order and will that the sum of
Two thousand Dollars and the interest thereon from the first day of May 1825,
if not paid to me in my life time by my aforesaid son Michael S. Vander Cook,
or his heirs, shall be deducted out of the shares of my Estate herein bequeathed
to him the said Michael S. Vander Cook and his heirs, it being for a balance
which he is owing me for a certain piece or parcel of Land which I have conveyed
to him and his heirs situated lying and being in the town of Pittstown aforesaid.
I also order and will that the sum of Six hundred Dollars and the interest thereon
from the first day of May 1825 if not paid to me by my aforesaid
son Gilbert Vander Cook or his heirs shall be deducted out of the shares of
my Estate herein bequeathed to him the said Gilbert and his heirs it being that
part of the amount of a Note which I hold against him dated April 23rd 1804
for which I mean to make him accountable.
I also order and will that the sum of one thousand Dollars and interest thereon
from the first day of May 1825 if not paid to me during my life time
by my aforesaid son John Vander Cook or his heirs shall be deducted out of the
shares of my Estate herein bequeathed to him the said John Vander Cook and his heirs
it being partly for monies which I have advanced for him and partly for rent
which he is owing me. Nevertheless in the settlement of my estate if there
should be more than the above sum of One thousand Dollars and interest
thereon coming to my said son John Van der Cook or his heirs I hereby give
my Executors hereinafter named full power and authority if they think proper
so to do to apply such excess to the payment in part or the whole of such monies
as my sons Michael S. Vander Cook and Simon Vander Cook Junr. have advanced for him,
my aforesaid son John Vander Cook.
And one share or part of my Estate both real and personal as aforesaid
I give devise and bequeath unto my son Henry S. Vander Cook and to his heirs forever.
And one share or part of my Estate both real and personal as aforesaid
I give devise and bequeath to Lester Vander Cook Hannah Vander Cook
Louisa Vander Cook Cornelia Vander Cook Henry Vander Cook Frederick Vander Cook
and Mordecai Vander Cook all children of my son Henry S. Vander Cook
to be equally divided between them share and share alike to be paid to them
by my Executors when they shall respectively arrive at the age of Twenty one years,
or on the marriage of either of them and to their heirs forever.
Nevertheless in case of the decease of any of the aforesaid children
of my son Henry S. Vander Cook without leaving issue the portion of my property
bequeathed to the deceased shall revert to the survivor or survivors.
And one share or part of my Estate as aforesaid I give devise and bequeath to
my daughter Sarah Northrup wife of Joel Northrup and to her heirs forever.
It is also my will that the sum of Eight hundred Dollars and interest thereon
from the first day of May 1825 be deducted out of this share of my Estate
bequeathed to my aforesaid daughter Sarah Northrup it being the amount of a loss
which I have sustained by her husband Joel Northrup.
And one share or part of my Estate as aforesaid I give devise and bequeath
to my daughter Hester Snyder wife of Jacob Snyder and to her heirs forever.
And the other remaining share or part of my Estate aforesaid I give devise and bequeath
to Maria Filkin, Levina Filkin, Henry Filkin, Mahala Filkin and Louisa Filkin
all children of my daughter Cornelia Filkin deceased to be equally divided
between them share and share alike to be passed to them by my Executors
when they shall respectively arrive at the age of twenty one years or
on the marriage of either of them and to their heirs forever.
Nevertheless in case of the death of any of the aforesaid children of
my daughter Cornelia Filkin deceased without having [leaving issue]
the portion of my Estate bequeathed to the deceased shall revert to the survivor
or survivors.
I do further order and will that in case my Executors have to pay any sum or sums
of money for which I stand as endorser or otherwise security for any of my
aforesaid sons, the amount so paid shall be deducted out of their respective shares.
I do also will and ordain that my Executors hereinafter named for and towards
the performance and settlement of my said Estate shall have power and authority
to sell convey and alien any part of my Real Estate to any person or persons
and to their heirs forever and to give and execute good and sufficient Deeds in law
or such conveyances as my said Executors or their Counsel learned in the law
shall deem fit and proper and for their so doing, I hereby expressly give them
full power and authority so to do. I do further order and direct that my
Executors herein after named shall proceed to settle and make divisions of my
said Estate among the heirs aforesaid in manner aforesaid as soon after my decease
as circumstances will permit without sacrifice of property.
Lastly I do hereby nominate and appoint my two sons
Michael S. Vander Cook and Peter Vander Cook, and Andrew Ryan,
Executors of this my last Will and Testament and do hereby will order and direct
that my said Executors shall receive a reasonable compensation out of my said
Estate for their services in selling the same to be allowed by the heirs aforesaid.
I do further order and direct that my Executors shall have at least one year
after my decease to settle and make divisions of my Estate, hereby revoking
all former wills by me made.
In witness whereof I have hereunto set my hand and seal this first day of May
in the Year of our Lord one thousand eight hundred and twenty six.
| Signed published and declared by the said | } |
| Testater as and for his last Will and Testament | } |
| in our presence who at his request in his presence | } |
| and in the presence of each other have subscribed | } |
| our names as witnesses thereunto | } |
William Haner, John E. Ryan, Charles H. Barry
State of New York}
Rensselaer County} Ss: Be it Remembered that on the second day of December
in the year of our Lord one thousand eight hundred and twenty nine personally
appeared before me Philip Viele Esquire Surrogate of the said county of Rensselaer
John C. Ryan one of the subscribing witnesses of the Will of Simon Vander Cook
late of the town of Pittstown in said county deceased, who being duly sworn
declared that he did see the said Simon Vander Cook Seal and Execute
the annexed written Instrument purporting to be the last Will and Testament
of the said Simon Van der Cook bearing date the first day of May in the
Year of our Lord one thousand eight hundred and twenty six and
heard him publish and declare the same as and for his last Will and Testament.
That at the time thereof he the said Simon Vander Cook was of sound and
disposing mind and memory to the best of the knowledge and belief of the said
John E. Ryan and that he the said John E. together with William Haner
and Charles H. Barry the other Witnesses to the said Will severally subscribed
their hands and names to the said Will as witnesses thereto in the presence
of the Testator and each other.
In Testimony whereof the said Surrogate hath hereto set his hand an S. S. affixed the Seal of his Office at the city of Troy the day and year aforesaid.
Letter Testamentary granted in the Will of Simon Vander Cook deceased.
The People of the State of New York, by the Grace of God, Free and Independent:
S. S. To all whom these presents shall come, or may concern, Send Greetings
KNOW YE, That at the City of Troy in the county of Rensselaer, on the
second day of December in the Year of our Lord one thousand eight-hundred
and twenty nine before Philip Viele Esquire Surrogate of said County,
the last Will and Testament of Simon Vander Cook, late of the town of Pittstown
in the County of Rensselaer and State of New York deceased
(a copy whereof is hereunto annexed) was proved and is now approved
allowed 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 the proving and registering the said Will
and the granting administration of all and singular the said Goods,
Chattels, and Credits, and also the auditing, allowing and final discharging
the account thereof doth belong to us) the administration of all and
singular the Goods, Chattels, and Credits of the said deceased
and any way concerning his Will is granted unto Michael S. Vander Cook
and Peter Vander Cook two of the executors in the said Will named
they being first duly sworn well and faithfully to administer the same
and to make an exhibit a true and perfect inventory of all and singular
the said Goods, Chattels, and Credits and also to render a just and 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 Philip Viele Esquire, Surrogate of the said
County at the City of Troy the second day of December in the year of our Lord
one thousand eight hundred and twenty nine.
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