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.

Simon V. D. Cook, L. S.

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.

[signature:] Philip Viele

Letter Testamentary granted in the Will of Simon Vander Cook deceased.
Recorded December 21st 1829


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.

[signature:] Philip Viele



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