Will of John A. Lipe
Montgomery County,
New York
Contributed by Jerome A. Walrath
John A. Lipe*
General Index To Wills and Proceedings:
Wills:
Book 7 page 222
dated - June 20, 1839
Date of death: ?
p.222
I John A. Lipe of the Town of Minden, County of Montgomery & State of
New York being of sound & disposing mind & memory do hereby make, publish &
declare this my last will & testament in name & form following to wit.
First, I give & bequeath to my beloved wife Elisabeth all her clothing and all beds and
bedding & household furniture which she owned and brought with her at her marriage to me,
together with such clothing, bedding & furniture, as she shall have made or procured at
the time of my death, and six chairs of her choice. Also two milk cows, to be chosen by her,
with pasture and feed & stabling for them, to run & be with the other cows on the
premises where I now reside. Also the use & privilege of the stove room in the
house in which I now reside, being in the westerly end, with the use of stove & pipe
now in said Stove room. Also the West room in the second story of said house, with
the privilege in the kitchen, cellar & whatever is necessary for her own convenience &
accommodation - also privilege in the Garden and ten bushels of wheat each year for her
bread. And the privilege of gathering apples, cherries & fruit for her own use.
also four hundred dollars in money to be paid as follows. fifty Dollars one day
after my burial. and the yearly sum of fifty dollars Each year after my death till said
sum of four hundred Dollars shall be paid, should my said wife so long live - together
with interest from the day of my death on the whole sum in arrear. also necessary fire
wood for her own use - all which is to be paid & furnished by my son John J. Lipe or his
legal representatives to my said wife out of my estate and to be in full & lien of all
dower in my estate. Second, I give, devise & bequeath to my son John J. Lipe
& to his heirs & assigns all the remaining real estate I own, being about one hundred
and sixty eight acres of Land & the farm on which I reside with the buildings &
appurtenances thereon & thereto belonging, subject to the rights & privileges herein
given to my said wife. And I further give & bequeath to my said son John J.
Lipe & to his legal representatives & assigns all my money, outstanding debts &
choses in action & and in deed all my personal property
p.223
of which I shall die the owner of, except such as is herein otherwise disposed of.
Third, I give, devise & bequeath to my son Jacob Lipe & to his heirs & assigns a
certain ten acre Lot of Land, which I purchased of John Henry Mayer, adjoining the farms on
which my said son Jacob now lives & which is in addition to the advances I have heretofore
made to him to assist him in the purchase of the farm whereon he now lives. Fourth,
I give & bequeath to my son Daniel J. Lipe the sum of four hundred Dollars to be paid one
year after my decease. Fifth, I give & bequeath to my daughter Betsy, wife of
Andrew Bellinger, four hundred dollars, to be paid to her two years after my decease.
Sixth, I give and bequeath to the two surviving grandchildren (being boys) of my deceased
daughter Caty, formerly the wife of John Walrath deceased. Each one hundred &
fifty Dollars when each arrives respectively at the age of twenty one years.
Seventh, I give & bequeath to my daughter Margaret, wife of Solomon Sanders Junr., three
hundred dollars to be paid three years after my decease. Eighth, I give &
bequeath to my daughter Maria, wife of David Diefendorff three hundred Dollars to be paid four
years after my decease - all which Legacies to be to said Legatees & to their respective
legal representatives. Ninth, I give & bequeath to my daughter Susan three
hundred Dollars, to be paid five years after my decease provided she gets married & on her
marriage twenty dollars additional. And I further will that so long as she shall
remain unmarried, she shall be supported by my son John, who is to supply her with neccessities
suitable in sickness and health, provided she reside with my son John or where he is willing
she should & also makes no charge for services in the family, but gratuitously contributes
such of her services in the family as is usual, but in case she shall absent herself from
my son John or where he directs, then during such absence no charge shall be made against my
son John or my Estate for her maintenance, and she shall be considered while she remains with
my son John as a member of his family and be treated as such. Tenth, I hereby
will & order that the foregoing Legacies & provisions shall be paid & performed by
my son John out of the Estate herein devised to him. And I hereby
p.224 (the page was misnumbered as 234)
charge the same as liens upon the same real estate devised to my said son John.
Eleventh, I hereby direct that my said son John shall pay my funeral Expenses and my just debts I
may owe at the time of my decease, which will probably be very few, if any, as I don't have any
now. And I further will & direct that my house clock is to remain in my house, during
the life of my widow, where it now is, and after her death it is to go to my son John.
Twelfth, It is my will & desire that whatever sums I shall pay during my life time to my Legatees
herein named on account of any Legacies herein bequeathed & for which payments or advances
I shall take receipts in writing, specifying the intention to go on account of such Legacy or
Legacies, shall be a credit & be deducted from such Legacy or Legacies respectively, on account
of which such payments and advances. Thirteenth, I hereby nominate & appoint my two
sons John & Jacob & John (H. or M.) Diefendorff Executors to this my last Will & Testament, and hereby expressly revoke &
annul all former Wills & Testaments by me at any time heretofore made. In Witness
whereof I have hereunto set my hand & seal this twentieth day of June A. D. one thousand eight hundred and
thirty nine. John A. Lipe [L.S.]
signed, sealed, published & declared by the Testator John A. Lipe as for his last Will &
Testament in the presence of us, who inhis presence & in the presence of each other have hereunto
at his request subscribed our names & places of abode as Witnesses
Henry Loucks Village of Palatine Bridge, County of Montgomery & State of New York
Rich'd Loucks Village of Palatine Bridge, County of Montgomery & State of New York
State of New York, Montgomery County ? - Be it remembered that at a Surrogate's Court
held for the County of Montgomery at the Surrogate's office in the Village of Fultonville before
Giles F. Van Vechten Surrogate of said County on this seventh day of April in the year of our Lord
one thousand eight hundred and forty five
p.225 (the page was misnumbered as 235)
the last Will and Testament of John A. Lipe, late of the said County, deceased, a copy whereof
is hereunto annexed, was admitted to probate by the said Surrogate, after a citation to the widow,
heirs, and next of kin to the said deceased, issued, served, returned and filed according to Law
satisfactory proof having first been made of the circumstances of the delivery and possession of
the said will, and also of the Execution thereof by the deposition of Henry Loucks, one of the
subscribing Witnesses to said Will, and likewise by the deposition of Samuel Loucks as to the
handwriting of Richard Loucks, the other subscribing Witness to the said Will, it having been
satisfactorily proved that said Richard is a non-resident of said State. Copies of
which depositions are also hereunto annexed & whereupon I the said Surrogate, upon the proof
aforesaid, being satisfied of the genuineness & validity of the said Will order that the same
be admitted to Probate, and that letters Testamentary thereon be granted. In Testimony whereof
I the said Surrogate have hereunto set my hand and affixed the seal of my office. Done at the village of
Fultonville aforesaid the day and year aforesaid.
Giles F. Van Vechten Surrogate
Montgomery County Surrogate's Court L.S. In the matter of the Probate of the Will of John
A. Lipe deceased, which will relates to be of real and personal Estate. Henry Loucks of
the Town of Palatine in the County of Montgomery being duly sworn deposeth and saith that he saw
the said John A. Lipe deceased seal and execute the instrument now shown unto him this deponent
which said instrument purports to be the last Will and Testament of the said John A. Lipe deceased
and bears date the twentieth day of June in the year of our Lord one thousand eight hundred and
thirty nine - that he heard the said John A. Lipe publish and declare the same as and for his last
Will and Testament. That at the time thereof the said John A. Lipe was of sound and
disposing mind, memory and understanding of full age and not under any restraint to the best of
his knowledge and belief, and that he did subscribe his name to said Will as a Witness to the
Execution thereof in the presence of and at the request of the said Testator and that he at the
same time saw Richard Loucks the other witness to said Will subscribe his name thereto as a Witness to
p.226(the page was misnumbered as 236)
the Execution thereof in the presence of and at the request of the said Testator. And
this deponent further says that said Richard Loucks is a son of this deponent and that he is now a
resident of the State of Louisianna having removed from the State of New York to that state in the
fall of the year 1843 - that he has frequently seen said Richard Write and known his handwriting,
and that he knows the signature of said Richard to said Will to be in his own proper handwriting -
and that the said Richard signed or subscribed his name thereto in the presence of this deponent
and of said Testator. Subscribed and Sworn to before me the 7th day of April 1845.
G. F. Van Vechten Surrogate
State of New York Montgomery County Surrogates Court L.S. In the matter of the probate
of the Will of John A. Lipe deceased, which will relates to both Real and personal Estate.
Samuel Loucks of the Town of Palatine in the County of Montgomery aforesaid, Attorney at Law, being
duly sworn, deposeth and saith that Richard Loucks, one of the subscribing Witnesses to the written
instrument now shown unto him this deponent, purporting to be the last Will and Testament of the
said John A. Lipe deceased and bearing date the twentieth day of June in the year of our Lord one
Thousand eight hundred and thirty nine, is a Brother of him this deponent - that sometime in the
fall of the year 1843 said Richard removed his residence from the State of New York to the State of
Louisianna, where he has since resided and now resides - that he has frequently seen said Richard
write, and is well acquainted with his handwriting, and knows the signature of said Richard Loucks
to the said written instrument to be in the proper handwriting of the said Richard.
Saml Loucks
Subscribed and sworn to before me April 7, 1845
G. F. Van Vechten Surrogate
I, Giles F. Van Vechten, Surrogate of the County of Montgomery do hereby certify that the foregoing are
true copies of the Will, Probate and proof thereof of John A. Lipe deceased.
Registered April 7th 1845
Giles F. Van Vechten Surrogate
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