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Last Will and Testament Hart Bateman 1828 |
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:
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.
The one fourth part thereof to my son Clark Bateman, his heirs & assigns forever,