Last Will and Testament
Hart Bateman
1828


Information on this page was transcribed and submitted by Lisa McKern.
Lisa tells us that the testatrix was a resident of Stephentown.

The last Will and Testament of
Hart Bateman
of Stephentown, Rensselaer County, New York

The people of the State of New York by the Grace of God Free and Independent.

To Rhoda SEEDE, Hiriam BATEMAN, Armina FIELDS, Elviria COLEMAN, Alonzo BATEMAN and Betsey LESTER all of Nassau, Rensselaer County, Laura WATERBURY and Nancy WATERBURY now or late of Rose, Ontario County and all of the State of New York, and Harriet LASHER of Wisconsin Territory, the particular town not known, heirs at law and next of kin of Hart BATEMAN late of the town of Nassau in the county of Rensselaer deceased.

Greetings

You and each of you are hereby cited and required personally to be and appear before our Surrogate in our county of Rensselaer at the Surrogate's office in the City of Troy in said county on Monday the 10th day of April 1843 at ten o'clock in the forenoon of that day to attend to the probate of the last will and testament of the said Hart Bateman deceased which will then and there be offered for that purpose by Clark BATEMAN an exceutor named in said will who has applied to the said Surrogate for the proof of said will and which will relates to Real and Personal Estate.


WILL:

This last Will and Testament of Hart Bateman of the town of Nassau in the county of Rensselaer and State of New York.

I Hart BATEMAN considering the uncertainty of this mortal life and being of sound mind and memory (Blessed be God for this Amen) do make and publish this my last Will and Testament in manner and form following, which is to say

First I give and bequeath unto my son Clark BATEMAN the one equal undivided half of all my Real Estate, to have and to hold the same to his self, his heirs and assigns forever.

Secondly I give and bequeath to my daughter Rhoda, the wife of John SEEDE the remaining equal undivided half of all my Real Estate for and during her natural life and after her death I give and bequeath the same as follows:

The one fourth part thereof to my son Clark Bateman, his heirs & assigns forever,

One other fourth part thereof to the children of Stephen Van Rensselaer BATEMAN share and share alike, to them their heirs and assigns forever, hereby intending that the same shall be so divided after the death of my daughter Rhoda as to rest the title to the one sixth part of the said one quarter to each of the children which shall then be living and if any of them shall die without issue then their share or shares of such shall be equally divided amongst such of said children as shall then be Living and the child or children of such (if any) as shall die leaving issue and of any of the said children of my said son Stephen Van Rensselaer Bateman shall die previous to the death of my said daughter Rhoda leaving a child or children living then I will that such child or children take the same portion or share as his or hers or their father or mother would have been entitled to had the said father or mother been living at the death of my said daughter Rhoda, and to hold the same to themselves their heirs and assigns forever. Notwithstanding the above divide to my daughter Rhoda is made subject to the following conditions, that if her present husband John Seede shall be living at the time of my death then it is my will that the same be used and occupied by my son Clark Bateman intending for my said daughter Rhoda for and during the life of the said John Seede hereby binding the said Clark Bateman to account to my said daughter Rhoda and to her only, for the accruals, profits thereof during the life of the said John Seede hereby explicitly declaring that the said John Seeds shall in no manner whatever participate in, receive or enjoy any part there of.

The one other fourth part thereof to Harriet, the wife of Frederick Lasher, her heirs and assigns forever and

The remaining fourth part to Laura and Nancy the children of my son Guy BATEMAN their heirs and assigns forever.

Thirdly I give and bequest [sic] to my daughter Rhoda all the rest residual and remainder of my estate both Real and personal in manner following, that is to say, it is my will that my executors hereinafter named shall collect and receive the interest annually on all such sums of money as shall be due or owing unto me at the time of my death and to pay over the same to my said daughter Rhoda when received and to her only so long as her said husband John Seeds shall live, if the said John Seeds shall be living at the time of my death. But if not, then I will that my said executors shall pay both interest and principal of such money to my said daughter Rhoda immediately or as soon as practical after the death of the said John Seeds and I further direct that my executors hereinafter named shall hold the rest residual and remainder of my personal estate above bequeathed to my said daughter Rhoda in trust for her and her only until the death of her said husband John Seeds if he shall be living at the time of my death and to account to her and her only for the use thereof annually during the life of the said John Seeds and at his death to deliver up the same to my said daughter Rhoda or her heirs, executors or Administrator in as good condition as the same shall be received by them but if the said John Seeds shall not be living at the time of my death then it is my will that my said daughter Rhoda go into immediate possession thereof as her own rightful property.

And lastly I hereby nominate and appoint my son Clark Bateman and my friend Aaron V. Waterbury executors of this my last will and Testament hereby revoking all former wills by me made.

Signed by her mark and witnessed by Adam Casey, Rensselaer David, Wm H. Waterbury.

Written May 15, 1828.



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