Last Will and Testament
Smith Germond


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In the name of God Amen, I Smith Germond being weak in body but of sound and disposing mind and memory do make and publish this, my last will and testament in manner and form following in that is to say:

First: I direct my executors hereinafter named within a reasonable time after my decease to convert all my personal property into cash and I hereby authorize and empower my said executors and I direct them or such of them as shall qualify as executors and the survivors and survivors of them to sell and convey all the real estate whereof I shall die seized either in law or equity and either at public or private sale as they may deem proper, within four years after my decease and as much sooner as they shall think proper, and to give such reasonable credit for a portion of the purchase money as they may deem most advantageous to the legatees herein after named -

Second: I direct my said executors to pay all my just debts and funeral expenses and to settle and compromise any demands that may be made against my said estate by my wife in such manner as they may deem proper.

Third: I give and bequeath to my sister Susan Mott the sum of two thousand dollars. To Smith Mott the son of my said sister for his name, one hundred. To Mary the daughter of Ami and Janette Butler the sum of fifty dollars. To Smith Germond Leavens the son of Josephus and Rebecca Leavens, the sum of seventy five dollars. To John M. Mott for his kindness and attention to me in my sickness and in health, I give and bequeath the sum one thousand and five hundred dollars over and above all his indebtedness to me on account or otherwise and over and above the rent of the premises he now occupies and I direct my executors to give up and cancel all such indebtedness and that he be permitted to occupy said premises free of rent and taxes until the first day of May, 1841.

I give and bequeath to John L. Bloom son of my sister Anna, the sum of two hundred dollars over and above his indebtedness to me which I direct my executors to release and cancel. I give and bequeath to the three children of Hepsebath Barnett, deceased, who was the wife of William Barnett each the sum of fifty dollars. I give and bequeath to William Smith who lives with me the sum of one hundred and fifty dollars. I direct my executors to pay all and singular the above mentioned legacies within one year after of my decease and before any of the legacies hereinafter mentioned shall be paid -

Third [sic]: As soon as my said executors shall have converted into cash all my property both real and personal which they are directed to do as soon as convenient after my decease, I will, order and direct the avails thereof to be distributed in payment of the legacies hereinafter mentioned and as hereinafter given.

I give and bequeath to my four nephews sons of my sister Susan, Stephen G. Mott, Smith Mott, Joseph A. Mott and John M. Mott each the sum of four thousand and five hundred dollars excepting that I direct the sum of seven hundred dollars deducted from the said sum of four thousand five hundred dollars bequeathed to said Stephen G. Mott on account of his indebtedness to me and which indebtedness is to be cancelled by such deduction.

I give and bequeath to my three nieces daughters of my sister Susan, Susan Janette wife of Ami T. Butler, Sarah E. Mott and Lydia P. Mott each the sum of three thousand dollars. My will is to be understood as bequeathing to the said John M. Mott the said sum of four thousand and five hundred dollars in addition to the legacy of fifteen hundred dollars before mentioned. I give and bequeath to my nephew James Germond the son of my deceased brother Samuel the sum of four thousand dollars. I give and bequeath to Ann Mabbett wife of John Mabbett, Lavinia Germond wife of Hulet Germond, Phebe Grant wife of Augustus Grant, Almira Germond, Rebecca Jane the wife of Josephus Leavens and Mary Elizabeth Germond all being the children of my deceased brother Samuel, each the sum of two thousand dollars, and I hereby declare that I give [?] of my estate to the children of my [?] Samuel than to the children of my sister Susan merely on account of the large sums of money I have been obligated to pay for my said brother in his life time.

Fourth [sic]: If anything remains from the avails of my said estate either real or personal after payment of all my said debts and legacies aforesaid and after my said executors shall have fully indemnified themselves against all legal liabilities, I give and bequeath such rest and residue to the said children of my sister Susan and the said children of my deceased brother Samuel now living share and share alike to be equally divided amongst them -

Lastly: I hereby nominate constitute and appoint my three nephews, John M. Mott, Stephen G. Mott and James Germond executors of this last will and testament hereby expressly revoking former wills be me made -

In testimony whereof I the said Smith Germond, the said Testator have hereunto subscribed my name and affixed my seal this fourth day of September in the year of our Lord one thousand eight hundred and forty.

Witnesses: John Trowbridge of Bridgewater and Job [?] Pierson, Troy NY.


State of New York, Schoharie County.

Wm. U. Gallup [? - name is hard to read] of the town and county of Schoharie, being duly sworn says that a certain notice of which the enclosed is a true copy was duly served on Peter Germond of the town of Schoharie by said deponent, and that he gave said Peter Germond a copy of the enclosed notice and at the same time showed him the original notice with the seal of the surrogate of Rensselaer County. Said notice was served personally by this deponent on the said Peter Germond at his dwelling in the town of Schoharie on the 5th day of December in the year 1840.

Deponent also says that another copy of said notice was received by him to be served on Rensselaer Germond but he was told by Peter Germond that his brother Rensselaer Germond was now living in the state of Pennsylvania but could not recollect the name of the town or county in which he resided. Further this deponent.....[?]

Wm. U. Gallup [?]

Sworn and subscribed before me this 8th day of December in the year 1840.

Geo. Sa.....[?], Commissioner of Deeds of said county.


Notes:

The following people were listed in the public notice of Smith Germond's probate appearing in the Albany Evening Journal:

Abigail Germond of the city of New York, Anna Bloom, Susan Mott and Rebecca Jane, wife of Josephus Leavens of Lansingburgh, in the county of Rensselaer. James Germond and Almira Germond of Schaghticoke and Lavina, wife of Hewlet Germond, of Nassau in the County of Rensselaer, aforesaid Anna, wife of John I. Mabbett of Bridgewater in the county of Oneida. Phebe M., wife of Augustus R. Grant of Port Byron, Cayuga County. Polly wife of Nathanial Hall of Utica, Oneida County. Sarah Roe, Willett Germond, Hewlet Germond, Jannett Germond and Isaac Germond of Nassau in Rensselaer County. Aforesaid, Ebenezer Germond and James Germond of Dover, Dutchess County. Elizabeth, wife of James H. Denton, of Rochman Dutchess County. Richard M. Germond, James Vincent, Deborah, wife of John Wilkinson, Leonard M. Vincent. Jane, wife of Alexander H. Coffin in Union Vale in the County of Dutchess. George W. Germond, Smith P. Germond, James I. Germond, Mary McWilliams, Murratta? Vincent and Nancy the wife of Walter Wilson of Washington, Dutchess County. Mary, wife of Robert Doughty, Mo_? the wife of Freeman Hopkins, George McWilliams, Schuyler McWilliams, Julia Amanda McWilliams, Caroline, wife of Eli Ketcham, Phebe, wife of Elisha Beadle and Elizabeth Wilbur of Pleasant Valley, Dutchess County. Mahala, wife of Henry Ward of Clinton, Dutchess County. Gilbert I. Vincent and Hewlet Germond of Poughkeepsie, Dutchess County. Harvey Record of Stanford, Dutchess County, Sarah, wife of Francis Lossee of Scarsdale, Westchester County. Mary, wife of Charles Storm. and Sarah wth wife of Caleb Haight. James Germond and Mariah Germond of the city of New York. Peter Germond and Rensselaer Germond of the town and county of Schoharie. Jane Ann, wife of Ezekiel Fryer of Livingston, Columbia County. Isaac Germond and Anna, wife of David M. Allen, of Flushing, Queens County, Morgan Gemond of the city and County of Schenectady and Sarah, wife of Nathanial Hazzard, of the city of New York and Leland Crandall of the city of Troy in Rensselaer. Aforesaid, special guardian of Mary E. Germond. Phebe Ann Barnett, Martha M. Barnett, DeWitt C. Barnett, William H. Barnett, Sarah M. Germond, William Germond, Levi Germond, Jane Ann McFarlin, James McFarlin, Mariah McFarlin, Jonathan W. Vincent, Susan Jeannette Germond, Charles Germond, Rensselaer Monroe and Mary Monroe, all of the state of New York, and to Deborah Clapp of Athens, in the county of Bradford, in the state of Pennsylvania, Caroline, wife of Stephen Haff, of Newark in the State of New Jersey. and Elisa Germond whose place of residence is unknown, but who is supposed to reside in some part of Ohio, who are the widow, heirs at law and next of kin of Smith Germond, late of the town of Lansingburgh, in the county of Rensselaer.

You and each of you are hereby cited and required, personally to be and appear before our surrogate of our county of Rensselaer at the surrogates office in the city of Troy, in said county on the fourth day of January next, at ten o'clock in the forenoon of that day to attend to the probate of the last will and testament of the said Smith Germond, deceased, which will then and there be offered for that purpose by John M. Mott, one of the executors named in said will, who has supplied to the said surrogate for the proof of said will and which will relate to both real and person estate. Witness Cornelius Troy, sec. surrogate of said county, of the city of Troy, this eleventh date of November, 1840.

In the matter of admitting to Probate the last will and testament of Smith Germond, late of the town of Lansingburgh in the county of Rensselaer deceased.

Anna Bloom one of the next of kin of said Smith Germond late of the town of Lansingburgh in the county of Rensselaer deceased and Samuel Hall and Mary (the name Polly is crossed out) Hall his wife. Said Mary Hall being also one of the next of kin of said Smith Germond deceased represent and each of them represent to the surrogate of the county of Rensselaer & to all whom it may concern that she, the said Anna Bloom is a widow & has no husband living, that she is sister of the said Smith Germond deceased, that the said Smith Germond died without children or the descendants of children and that the said Anna Bloom is one of the next of kin of the said Smith Germond deceased.

And further, that said Mary (Polly) Hall is a niece of said Smith Germond deceased being daughter of a sister of said Smith Germond and that both the tither and mother of said Mary (Polly) Hall died before the death of said Smith Germond and that the said Mary (Polly) hall is one of the next of kin of said Smith Germond deceased.

The said Anna Bloom with Samuel Hall and Mary (Polly) Hall his wife will contest and each of them will contest as well, the validity of the last will and testament of the said Smith Germond, deceased, on paper, as the competency of the proof thereof; lately admitted to probate before Cornelius L. Tracy, Esq. Surrogate of the County of Rensselaer, which last will and testament on paper writing bear date the fourth day of September on thousand eight hundred and forty.

For that intent they jointly present and the said Anna Bloom severally makes and specifies and the said Samuel Hall and Mary (Polly) his wife make and specify the following allegations against the validity and proof of said will, being some of those on which they and each of them intend to rely.

1. That said Smith Germond at the time of the execution of said will was not of sound mind, memory and understanding sufficient to make his last will and testament.
2. That the execution of said will was obtained by fraud and ?
3. That the execution of said will was obtained by combination of conspiracy and undue influence.
4. That it appears from the face of said will itself that same is invalid.
5. That the testimony was uncertain and insufficient as the the execution of said will and thus declaring it by the said Smith Germond to be his last will and testament.
6. That the next of kin of said Smith Germond were not all duly cited to appear and attend the probate of said will.
7. That there was not due proof that the next of kin of said Smith Germond were all cited to appear and attend the probate of said will.
8. That the sanity of said Smith Germond at the time said will was executed did not sufficiently appear from the proofs before said surrogate.

Dated May 29, 1841. It is signed by Samuel Hall, Mary (Polly) Hall and Anna Bloom marked with an X.



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