Last Will and Testament
Henry Brust of Brunswick


This will was submitted by Michelle Mavigliano.

The last Will and Testament of Henry Brust, late of the Town of Brunswick, County of Rensselaer, deceased, together with the proof thereof as a Will of real and personal estate. Recorded February 14th, 1893. Will delivered to C.E. Betts, attorney for Executor March 10th, 1894.

In the name of God, Amen I, HENRY BRUST of the town of Brunswick in the county of Rensselaer and state of New York of the age of eighty one years, and being of sound mind and memory do make, ordain, and declare this to be my last Will and Testament. That is to say.

First: after all my lawful [debts] are paid and discharged, and my funeral expenses are paid, I give, devise, and bequeath to my son JOHN H. BRUST the farm where I now reside, lying and being in the town of Brunswick, county of Rensselaer and State of New York containing one hundred and sixteen acres of land together with all the hereditaments and appurtenances thereunto belonging in any wise appertaining, to have and to hold the premises above described to the aforesaid John H. Brust, his heirs and assigns forever, on the following condition viz: That the aforesaid John H. Brust pay to my daughter MARY C. BORNT one year after my decease the sum of two thousand dollars, the claims that I hold against ISAAC L. BORNT and Mary, his wife, are to be deducted from the two thousand dollars and the remainder to be paid to Mary C. Bornt as above described; and also one year after my decease, pay to my daughter JULIA WAGAR the sum of two thousand dollars, and I further give, devise, and bequeath to the four children of my deceased daughter ELIZABETH WAGAR or their lawful guardian for their benefit the sum of one thousand dollars to be equally divided between them to share and share alike, to be paid by my son John H. Brust two years after my decease.

Second: I give, devise, and bequeath to my son ENSIGN BRUST the Farm where he now resides lying and being in the Town of Brunswick, County of Rensselaer and State of New York containing one hundred and fifty acres of land, be the same more or less if he does not receive a deed from me of the said farm during my lifetime, he is to pay all claims against the farm except the five thousand dollars that I paid. I further give, devise, and bequeath to my son Ensign Brust the sum of one thousand dollars to be paid by my son John H. Brust one year after my decease. I do hereby bind my real estate the farm on which I now live to pay all the above named legacies.

Third: I further give, devise and bequeath to my two sons John H. Brust and Ensign Brust a wood lot lying and being in the Town of Brunswick, County of Rensselaer, and State of New York containing twenty acres of land to be equally divided between them to share and share alike.

Fourth: My desire and wish is that the lot I own in Oakwood Cemetery be kept by my executors as a family burying ground and I further order and direct that the cottages that I own at Round Lake shall be kept so long as Round lake is used for camp meeting purposes for the accommodation of all my children and grandchildren, but if Round Lake should be used for any other purpose but for a camp meeting ground, or if a majority of my children should think best to sell the cottages, I do hereby authorize and empower my executors to sell the cottages and divide the money into five equal parts; give one part to each one of my now living children and one part to the four children of my deceased daughter Elizabeth Wagar or to their lawful guardian for their benefit to be equally divided between them to share and share alike.

Fifth: I give, devise, and bequeath to my son John H. Brust one bed with sufficient bedding for to furnish one bed at any time of year, all the carpets on the floors of the dwelling house where I now reside.

I give, devise, and bequeath to my son John H. Brust all remainder of my household furniture after my son John H. Brust's bed is taken out. I request to be equally divided among my five, now four living and the children of my deceased daughter Elizabeth Wagar to have one share to be equally divided between them, share and share alike excepting my wearing apparel, all of which I direct shall be given to my two sons John H. Brust and Ensign Brust except my watch which I give, devise, and bequeath to my grandson HERMON E.

Lastly, I further give, devise, and bequeath all the rest residue and remainder of my personal property, goods, and chattels of what nature or kind, all money due me, to my son John H. Brust to have and to hold the same for his own private use forever. And I do further declare that no interest shall be paid on the above bequest if paid as due.

[Illegible] .... before execution, "one years and', "and my funeral expenses all paid," "daughter", and "burying," also one erasure. [sic]

Likewise, I make, constitute, and appoint my two sons JOHN H. BRUST and ENSIGN BRUST to be executors 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 sixth day of September in the year of our Lord one thousand eight hundred and eighty eight.

Henry Brust, L. S.

The above instrument, consisting of ... that was made at the date thereof, subscribed by Henry Brust in the presence of us and each of us; ... [at the] time of making such subscription, acknowledged that he made the sign [sic - above and below it says that the testator signed with a legal signature] 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 the presence of each other subscribed our names as witnesses thereto.

Gleason E. Stannard, residing at Haynersville, NY
Edwin Wagar, residing at Haynersville, NY

Surrogates Office
In the Matter of Proving the Last Will and Testament of Henry Brust, deceased.
County of Rensselaer SS:

Gleason E. Stannard and Edwin Wagar Town of Brunswick in the County of Rensselaer being duly sworn in Court doth [--?--] and say and each for himself says, that he was ascribing witness to the last Will and Testament of Henry Brust, late of the Town of Brunswick, in the County of Rensselaer, deceased, and that the said Henry Brust did, in the presence of these deponents, subscribe his name at the end of the instrument which is now shown and exhibited to these deponents, and which purports to be the last Will and Testament of the said Henry Brust which bears date on the sixth day of September 1888. And that the said Henry Brust did at the time of subscribing his name as aforesaid declare the said instrument to be his last Will and Testament, and the deponents did then subscribe their names at the end of the said will as attesting witnesses thereto at the request of the said Testator in his presence and in the presence of each other. And at the time when the said Testator subscribed his name as aforesaid, he was of sound mind and memory, of full age to execute a Will, and was not under any restraint, but competent in all respects to devise real estate.

Subscribed and sworn this 14th day of February 1893 before me, Gleason E. Stannard, Edwin Wager

James Lansing, Surrogate

At a Surrogates Court held in and for the County of Rensselaer at the Surrogates Office in the Town of Troy, in the said County on the 14th day of February 1893.

Present: Hon. James Lansing, Surrogate In the matter of Proving the last Will and Testament of Henry Brust, deceased.

On reading and filing proof of the due service of the citation herein, on the parties therein named and upon due proof of the execution of the paper propounded as the last Will and Testament of Henry Brust, late of the Town of Brunswick in said County, deceased, bearing date on the sixth day of September 1888, and John H. Brust and Ensign Brust, Executors named in said Will, and his heirs at law and next of kin of said deceased; appearing are ANGIE B. BRUST, HERMAN E. BRUST, EDITH M. BRUST, LILLIAN BORNT, CLARENCE BORNT, ETHEL WAGER and RALPH WAGER, . . . heirs at law and next of kin and legatees of said deceased appearing by William H. S. Lansing, their duly appointed official guardian; and it appearing by such proof that the said Will was duly executed; that the Testator at the time of executing the same was of full age for making a Will, was of sound mind and memory, and not under restraint, and in all respects competent to devise real estate, and the probate thereof not having been contested, it is ordered adjudged and decreed that the said paper purporting to be the last Will and Testament of said Henry Brust, deceased, is his last Will and Testament and was duly executed to pass real and personal estate and that the same be admitted to probate as a Will of real and personal, and recorded as such with proof taken as aforesaid.

Witness:
Hon. James Lansing, Surrogate and the seal of the Court the day and year first above written.
James Lansing, Surrogate

[Alternative search values: JOHN BRUST, MARY BRUST, MARY C. BRUST, MARY BORNT, ISAAC BORNT, JULIA BRUST, JULIA WAGER, ELIZABETH BRUST, ELIZABETH WAGER, ANGIE BRUST, ANGELA BRUST, HARMON E. BRUST, HERMAN BRUST, HARMON BRUST, HERMON BRUST, EDITH BRUST, LILLIAN BRUST, LILLIAN BORNT, ETHEL WAGAR, RALPH WAGAR.]



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