Rensselaer County, NY GenWeb site - Will of Abiather Van Buren
Last Will and Testament
Abiather Van Buren


Information on this page was obtained from Surrogate Court, Troy, Rensselaer Co., NY, will book 253, pages 791-792 and from Probate File 1037 (LDS Microfilm 1533708). It was transcribed and submitted by Lin Van Buren.

The last will and testament of Abiather Van Buren, late of the town of Schodack, in the County of Rensselaer, deceased, together with the proofs thereof as a Will of real and personal estate.

Recorded April 8th, 1913.

Will to remain in Office.

IN THE NAME OF GOD, AMEN:

I, Abiather VAN BUREN of the town of Schodack, in the County of Rensselaer and State of New York being of sound mind and memory, do make, ordain, publish and declare this to be my last Will and Testament, that is to say:

First - After all my lawful debts are paid and discharged, I give, devise and bequeath to my beloved wife Lucindia R. Van Buren all the property, real, personal or mixed, of which I shall die seized and possessed or to which I shall be entitled at the time of my dicease to have and to hold the same, together with all the profits and income thereof, to her the said Lucindia R. Van Buren, her heirs, executors, administrators, and assigns, to her and their use and benefit forever.

Likewise, I make, constitute and appoint my brother-in-law George D. PARKER of the city of Troy, County of Rensselaer and State of New York to be executor of this, my last Will and Testament, hereby revoking all former Wills by me made.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my seal, the eleventh day of February in the year one thousand nine hundred and three

Abiather Van Buren L. S.

The above instrument, consisting of one sheet, was, at the date thereof, subscribed by Abiather Van Buren in the presence of us and each of us: he at the time of making such subscription, acknowledged that he made the same, and declared the said instrument so subscribed by him to be his last Will and Testament. Whereupon we then and there, at his request, and in his presence and in the presence of each other, subscribed our names as witnesses thereto.

Lewis N. S. Miller, residing at East Schodack, N. Y.
Ida Miller, residing at East Schodack, N. Y.

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Surrogate's Court.

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In the matter of proving the last will and testament of Abiather Van Buren late of Town of Schodack, N. Y., deceased

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County of Rensselaer, ss.

Ida Miller of the town of Schodack in the County of Rensselaer being duly sworn as a witness in the above entitled matter, and examined on behalf of the proponent to prove said will, says:

I was well acquainted with Abiather Van Buren the said testator, and had known him for more than forty years before his death. The subscription of the decedent's name to the instrument now shown to me, and offered for probate as his last Will and Testament, and bearing date the 11th day of February in the year of our Lord one thousand nine hundred and three was made by the decedent at East Schodack in the town of Schodack in the County of Rensselaer in the presence of myself and Lewis N. S. Miller the other subscribing witness. At the time of such subscription the said decedent declared the said instrument, so subscribed by him, to be his last Will and Testament; and I thereupon signed my name as a witness at the end of the said instrument, at the request of said decedent, and in his presence, and in the presence of said Lewis N. S. Miller. I also saw said Lewis N. S. Miller the other subscribing witness, sign his name as a witness at the end of said Will, and know that he did so at the request of said decedent and in his presence. The said decedent, at the time of so executing said instrument, was upwards of the age of twenty-one years, and of sound mind, memory and understanding, and not under any restraint, or in any respect incompetent to devise real estate. And further this deponent says: That the said Lewis N. S. Miller the other subscribing witness to said Will is now dead having died in the town of Schodack N. Y. December 6th 1911.

Ida Miller

Subscribed and sworn this 8th day of April, 1913, before me.

Willis E. Heaton, Surrogate.

(For decree admitting will to probate see Book 256 page 121.)

County of Rensselaer - ss:

I, F. E. Bowen, Clerk of the Surrogate's Court for said county, hereby certify the foregoing to be a true record of the last will and testament of Abiather Van Buren, late of the town of Schodack, in the county of Rensselaer, deceased, together with the proofs thereof as a Will of real and personal estate.

[Signed] F. E. Bowen, Clerk of the Surrogate's Court.

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Rensselaer Co NY Probate File No. 1037
Surrogate's Court, Rensselaer County,
___________________________
In the matter of the probate of the }
last will and testament }
--of-- }
Abiather Van Buren }
late of East Schodack }
Deceased }
___________________________ }

To the Surrogate's Court, County of Rensselaer:

The PETITION OF George D. Parker residing at No 13 Glen Ave in the City of Troy in the County of Rensselaer, respectfully showeth: that your Petitioner is the Executor named in the last Will and Testament of Abiather Van Buren late of East Schodack in the County of Rensselaer, deceased:

The said last Will and Testament above mentioned relates to both real and personal property, and bears date the Eleventh day of February, and is signed at the end therof by the said testator and by Lewis N. S. Miller and Ida Miller as subscribing witnesses.

That your Petitioner does not know of any codicil to said last Will and Testament, nor is there any to the best of his information and belief.

That the said deceased was, at the time of his death, a resident of the County of Rensselaer, and departed this life at the Town of Schodack in said County, on the 27th day of October 1912.

Your Petitioner further states that deceased left a widow him surviving whose name is Lucindia R. Van Buren and who resides at East Schodack NY.

Your Petitioner further states that all the heirs, and all the next of kin of said deceased, together with their residences, are as follows, to wit:

Maria Parker a sister of deceased who resides at 13 Glen Ave., Troy, N. Y.
Azelia Austin a sister of deceased who resides at #7 Mill Street, Battle Creek, Michigan
Lucretia Van Buren a niece of deceased who resides at 381 Ninth Street, Troy, N. Y.
Julia Van Buren a niece of deceased who resides at 381 Ninth Street, Troy, N. Y.
Carrie Van Buren a niece of deceased who resides at 381 Ninth Street, Troy, N. Y.
Delia Smith a niece of deceased who resides at Albany, N. Y.
Emma Farr a niece of deceased who resides at Quaker Springs [Saratoga Co], N. Y.
Sarah Jane Garrison a niece of deceased who resides at Brainard, N. Y.
Hulett Van Buren a nephew of deceased who resides at New York City
[the foregoing was all in one handwriting; the following is all in a single, different handwriting:]

That the Estate of Decedent amounts to less than the sum of $7,000

That Hulett Van Buren a nephew of decedent died intestate at New York City since the death of decedent, leaving him surviving as his only heir-at-law and next of kin Sarah Jane Garrison a sister who has waived citation in these proceedings.

[NOTE FROM THE SUBMITTER: Hulett G. Van Buren, brother of Sarah Jane Van Buren Garrison Garrison and nephew of this testator Abiather Van Buren, was indeed a resident of New York City - but he died 16 December 1912 in the village of Brainard, in the town of Nassau, Rensselaer Co NY; a Death Certificate is on file at the Nassau Town Hall for him, and it states that his death was reported by Percil Garrison, who was his brother-in-law and the second and current husband of Sarah Jane Van Buren Garrison Garrison. Hulett G. Van Buren did indeed die intestate, but his heirs-at-law did not include Sarah Jane; they were his own two LIVING sons, Charles Westfall Van Buren (1867-1918) of Chicago, Cook Co IL and Sylvester W. Van Buren (1869-1934) of New York City.]

[Alternative search values: ABIJAH VAN BUREN, RHODA ANN VAN BUREN, RHODA VAN BUREN, RHODA ANN PURDY, RHODA PURDY, OSCAR PURDY, OSTRANDER PURDY, SARAH MARIA SALISBURY, SARAH MARIA PURDY, SARAH MARIA COONS, SALLY MARIA SALISBURY, SALLY MARIA PURDY, SALLY MARIA COONS, POLLY SALISBURY, POLLY PURDY, POLLY COONS, SALATHIEL B. COONS, SALATHIEL COONS, S. B. COONS, SELATHAN COONS, WILLIAM VAN BUREN, PETER VAN BUREN, LUCRETIA DECKER, CHARLOTTE VAN BUREN, LOTTIE VAN BUREN, LUCINDA REBECCA VAN BUREN, LUCINDA R. VAN BUREN, LUCINDA VAN BUREN, LUCINDA REBECCA HEAD, LUCINDA R. HEAD, LUCINDA HEAD, LUCINDA REBECCA BOGARDUS, LUCINDA R. BOGARDUS, LUCINDA BOGARDUS, GEORGE W. BOGARDUS, GEORGE BOGARDUS, WARD BOGARDUS, LUCINDA REBECCA MILLS, LUCINDA R. MILLS, LUCINDA MILLS, JESSE J. MILLS, JESSE MILLS, LUCINDA REBECCA VANDERPOOL, LUCINDA R. VANDERPOOL, LUCINDA VANDERPOOL, WILLIAM VANDERPOOL, JEREMIAH HEAD, ANNA NORTON.]



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