WILL OF JOHN H DURYEA
of New York City
Written April 13, 1836
Proved May 17, 1836
New York
County, New York, Will Book 75: 88-91; Surrogate's Court
Know all men by
these presents that I, John H Duryea, of the City of New York, Grocer, being of
sound disposing mind, memory, and understanding, Do make, publish and declare,
this my last will and testament, in manner and form following, that is to say;
First, It is my
will, that all my just debts and funeral expenses shall be paid out of my
Estate by my Executor and Executrix
hereinafter named, as soon as conveniently may be after my decease.
Secondly, I give
and bequeath unto my beloved wife, Sarah
M Duryea, all my household furniture, Books, and pictures, of whatever name
and description, situate and being in the house where I now reside.
Thirdly, I request
and direct my said executor and Executrix, without delay after my decease, to
collect in all outstanding debts due to me, and to convert all my Estate except
the Household furniture, Books, and pictures, above mentioned, into cash and
divide the same, including all the monies which shall belong to me, arising
from the sale of the Real Estate of my late father, Garrit S Duryea and which is now advertized for sale under a Decree
of the Court of Chancery, into three equal parts; one third part whereof, I
give and bequeath unto my said Wife, to be at her absolute disposal; and the
other two third parts thereof, I give and bequeath unto my daughter, Catharine Jane Duryea, and to such
other child of mine (if any) of which my said wife is now enciente and of which
she shall be delivered, to be paid to such child, or children, as she or they
respectively arrive at the age of twenty one years, in equal proportions, share
and share alike, Provided, however, that should my said wife not be delivered
of such child as aforesaid, then I give the said two thirds parts of said
monies, to my said Daughter, Catharine Jane, to be paid to her as aforesaid and
also should such child or children die before arriving at the age of Twenty one
years, then and in that case I give to my said wife, the part or share which
would otherwise have gone to such child or children, had she or they attained
the age of twenty one years.
Fourthly, I will
and direct that my said Executor and Executrix shall keep the monies hereby
given to my said child or children, as interest, on good and sufficient
security, until such child or children respectively shall be entitled to the
principal thereof; and that they apply all the interest and income to be
derived therefrom, towards the maintenance, education, and support of my said
child or children.
And finally I
hereby nominate, constitute, and appoint my said Wife, Sarah M Duryea, Executrix
and my Brother in Law, Van Renselaer
Terry, of the City of New York, Ship Joiner, Executor of this my last will,
and testament; and I hereby nominate and appoint my said Wife as Guardian to my
said child or children.
In Witness
whereof I have hereunto set my hand, and seal, this thirteenth day of April, in
the year of our Lord one thousand eight hundred and thirty six. ------ John H Duryea SS
Signed, Sealed,
published and declared by the said testator as and for his last will and
testament in the presence of us who in his presence at his request and in the
presence of each other have hereunto subscribed our names as witnesses.
Amherst Wight, New York, No 121 Spring Street
Isaac R Avery, New York, 501 Washington St
In the matter of
proving the last will and testament of John H Duryea deceased
County of New
York SS
Be it Remembered
that on the Eighteenth day of May in the year one thousand eight hundred and
thirty six before James Campbell
Esquire Surrogate of the County of New York personally appeared Sarah M Duryea
& Van Rensselaer Terry who being by said Surrogate severally duly sworn and
examined do depose and say as follows.
Sarah M Duryea for herself doth depose and say that she received the
instrument in writing now produced and shewn to deponent purporting to be the
last will and testament of John H Duryea deceased bearing date the thirteenth
day of April in the year one thousand eight hundred and thirty six from the
hands of said John H Duryea immediately after the same was executed that said
instrument remained in the custody of deponent until after the decease of John
H Duryea when she delivered the same to Van Rensselear Terry of the City of New
York, Executor of said deceased Van Rensselaer Terry for himself doth depose
and say that he received said Instrument from said Sarah M Duryea that the same
remained in his custody until about the 11th of May instant when he
brought the same to the Office of the Surrogate of the County of New York where
he deposited the same for Probate and deponents further say that whilst said
instrument remained in their respective possession the same was in no respect
altered or changed.
Sarah M Duryea
Van Rensselear
Terry
Sworn this 18th
day of May 1836 before me.
In the matter of
proving the last will and testament of John H Duryea deceased.
County of New
York SS
Be it Remembered
that on this seventeenth day of May in the year One thousand eight-hundred and
thirty six before James Campbell Surrogate of the County of New York personally
appeared Amherst Wight who being by the said Surrogate duly sworn and examined
doth depose and say that this deponent was well acquainted with John H Duryea
now deceased that he was present as a witness and did see the said John H
Duryea subscribe the instrument now produced and shewn to the deponent
purporting to be the last will and testament of the said John H Duryea deceased
bearing the thirteenth day of April in the year one thousand eight hundred and
thirty six at the end thereof that such subscription was made by the said
testator in the presence of this deponent and of Isaac Avery, R Avery that the
said testator at the same time declared the Instrument so subscribed by him to
be his last will and testament.
Whereupon this deponent and the said Issac R Avery signed their names at
the end thereof at the request of the said testator and that the said testator
at the time of executing and publishing the said last will and testament was of
full age of sound mind and memory and not under any restraint and was in all
respects competent to devise real estate.
A Wight
Sworn this 17th
day of May 1836 before me
James Campbell
Surrogate
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