WILL: Philip Schuyler; Albany, Albany Co., NY (1804)

Copyright (c) 1999 by Leslie B. Potter (lbp@axs2000.net)

 ************************************************************************
USGENWEB ARCHIVES NOTICE:  These electronic pages may NOT be reproduced 
in any format for profit or presentation by any other organization or 
persons.  Persons or organizations desiring to use this material, must 
obtain the written consent of the contributor, or the legal 
representative of the submitter, and contact the listed USGenWeb 
archivist with proof of this consent. The submitter has given permission 
to the USGenWeb Archives to store the file permanently for free access.
http://www.usgwarchives.net
***********************************************************************
Surrogate's Court  Albany County

Recorded December 12, 1804  at   Volume 3 of Will at page 149

The Last Will and Testament of Philip Schuyler

 In the name of God, Amen, I, Philip Schuyler of the City of Albany in the
County of Albany in the State of New York, being by the mercy of the Father of
all mankind, of sound and disposing mind and memory, do make this my last Will
and Testament, hereby revoking, annulling and making void and of none effect,
all and every will and wills, testament and testaments, heretofore by me made,
executed and declared, declaring this and no other to be my last Will and
testament; To the great Omnipotent Just and Merciful Sovereign, who directs
the destinies of created beings, I humbly submit that of my soul  for the
pardons of my sins, on his free grace, through the mediation of the blessed
Redeemer of mankind.

 -It is my will and I do hereby direct, that the charges of my funeral are
defrayed out of my personal estate, that my executors hereinafter named, shall
appropriate the residue thereof to the payment of my just debts, that the
debts, be paid out of that part of my real estate hereinafter particularly
appropriated thereto.

- I give and devise and bequeath unto my beloved Grandson, Philip Schuyler,
son of my deceased son, John Bradstreet Schuyler, all that my estate at
Saratoga, in the county of Saratoga in the State of New York, comprehended
within the limits and bounds following to wit.  Beginning on the west bank of
Hudson's River and at the south east corner of Lot number three of the first
partition of part of the tract commonly called the Saratoga Patent, which
partition was made in about the year one thousand six hundred and eighty-five
and which lot number three, I purchased from Abraham Ten Broeck and Dirck Ten
Broeck and the south bounds of which lot extends westerly from the said place
of beginning along the north Bounds of lot number two of the partition
aforesaid, to the easterly bounds of lot number twenty-four of a second
partition of the said Saratoga tract, made in or about the year one thousand
seven hundred and fifty; thence northerly along lots number twenty-four,
twenty-five, twenty-six and twenty-seven and twenty-eight (all of the said
second partition) to the southwest corner of a piece of land sold by me
Patrick McDavit and Henry O'Hara; thence  easterly along the same to Hudson's
river; thence southerly along Hudson's river to the place of beginning,
together with such of the Islands in Hudson's river, situate opposite tot he
hereby devised premises as now or may be hereafter belong unto me, and  also, 
together with so much of lot number two of the said first partition of the
Saratoga tract as fell to my share in a partition thereof between Cornelius
Van Vechten and me, with  all and singular, the houses, out houses,  mills and
other buildings and appurtenances to the said hereby devised premises in any
wise appertaining:
 
 To have and to hold the  said premises and appurtenances to my said Grandson,
Philip Schuyler, his heirs and assigns for ever.

 I give, devise and bequeath unto my beloved son, Philip Jeremiah Schuyler,
and to his heirs and assigns forever, all my part of Lot number thirty- two,
all lot number thirty-three and all lot number forty-four which lots are part
of the lots mentioned in the second partition of the said Saratoga tract as
also, my two mill seats on Batton Creek with the land appertaining thereto and
also my House lot in the City of Albany, between Market Street and Montgomery
Street, which lot I purchased from John Bogart, but in case I should sell the
said lot, during my life time, then and in that case it is my will that my
executors should, if I do hereby direct them to pay unto my said  son, Philip,
his heirs, executors,  administrators or assigns, the sum of two thousand five
hundred dollars to be raised by the sale   out of that part of my said estate
hereinafter appropriated to that purpose.

- I give, devise and bequeath unto my beloved son Rensselaer Schuyler, all
that my lot number forty-one, of the said Second Partition of the Saratoga
tract, which said lot number forty-one, comprehends the farms on which he
resides, the farm leased to John Khumbottom, the farm leased to James Storm,
and the farm leased to Abner Fuller, and another farm for which I have already
given my said son Rensselaer a Deed: To have and to hold the said lot number
forty-one, my said son Rensselaet Schuyler, his heirs and assigns forever.

   I give devise and bequeath all the residue of my real estate in the
Saratoga tract to my beloved daughters, Angellica the wife of John Baker
Church, to Elizabeth the wife of Alexander Hamilton, to Cornelia, the wife of
Washington Morton, to Catherine the wife of Samuel B. Malcomb, and to my
beloved Grandson, Stephen Van Rensselaer, the son of my deceased daughter,
Margaret, late wife of Stephen Van Rensselaer, the Elder, to them their heirs,
executors, administrators and assigns forever, as Tenants in Common, in  fee
simple, each an  equal fifth part, and I do hereby authorize empower and
request my executors to cause partition of the same to be   made as soon as
conveniently may be after my decease and in as  equitable a manner as they
can, and to assign to my said daughters, and to my Grandson Stephen Van 
Rensselaer their respective shares.

- I give devise and bequeath unto my daughter Cornelia or to her Heirs,
executors, administrators and assigns two thousand dollars to be paid by my
executors when they shall have paid my debts out of the real estate to be by
them sold.

- I give devise and bequeath unto my daughter Catherine or to her heirs,
administrators or assigns the sum of five thousand dollars to be paid by my
executors, when they shall have paid my debts out of the real estate to be
sold by them.

- Of course the residue of my real estate whether in possession remainder or
reversion, I do hereby authorize and empower my executors to sell so much
thereof as shall enable them: first to pay what of my debts may remain unpaid,
after having appropriated my personal estate
thereunto;

 Secondly to pay my son Philip Jeremiah Schuyler, his executors administrators
or assigns the two thousand five hundred dollars, if I should during my life
time sell the lot in the City of Albany devised and bequeathed to him, but no
part of which is to be paid, if he or his heirs should inherit the estate in
the Saratoga tract, devised and bequeathed unto my Grandson Philip Schuyler,
on the contingency hereinafter mentioned.

Thirdly to pay unto my daughter Cornelia her heirs, executors or
administrators the sum of two thousand dollars bequeathed her, except so much
thereof as shall be entered in my ledger as paid to her during my life time.

Fourthly, to pay unto my daughter Catherine, her heirs, executors and
administrators, and assigns, the five thousand dollars bequeathed to her,
except so much thereof as shall be entered on my ledger as paid to her during
my life time and all the rest, residue and remainder of my real estate,
whether in possession, remainder or reversion, or wheresoever situate, I
devise and bequeath unto my dearly beloved Grandson Philip Schuyler, my dearly
beloved son Philip Jeremiah Schuyler, my dearly beloved son Rensselaer
Schuyler, and my dearly  beloved grandson Stephen Van Rensselaer, and my
dearly beloved Daughers, Angelica, Elizabeth, Cornelia and Catherine, to them
their respective heirs, executors, administrators and assigns, as tenants in
common in fee simple, and I do hereby authorize and empower my executors to
make or cause to be made partition thereof between my said children, and grand
children  in such manner that each ma become entitled to one equal eight part
of the value as nearly as me be.

- But notwithstanding the devises and bequests aforesaid, in this my will and
testament contained.  If it should so happen that my said Grandson Philip
Schuyler should die before he arrives at the age of twenty-one years and
without issue of his body lawfully begotten; then it is my will and I do give,
devise and bequeath the estate in the Saratoga tract, herein before
devised and bequeathed unto my said Grandson Philip Schuyler, his heirs,
executors, administrators and assigns, unto my son Philip Jermiah Schuyler,
his heirs executors, administrators and assigns forever, and in that even
neither the estate in the Saratoga  tract, in lots number thirty-two,  number
thirty-three and number forty-four nor the house lot in City of Albany no the
two thousand five hundred dollars in case I should sell the said House lot
during my life time shall vest in my  said son  Phillip Jeremiah Schuyler, nor
his heirs, executors, administrators, assigns but the same shall go and I
hereby devise and bequeath the same to  my said son Philip Jeremiah Schuyler,
my son Rensselaer Schuyler, my Grandson Stephen Van Rensselaer, my Daughters
Angelica, Elizabeth, Cornelia and Catherine, to them respectively and to their
heirs, and executors, administrators and assigns as tenants in common in fee
simple and I do hereby authorize and  empower my executors to make or cause
partition to be made hereof amongst the said  devises assigning to  each an  
equal seventh part in  value, as nearly as may be, and it is my will and I do
hereby make the like disposition, devise and bequest, as to  every other part
of my real estate, devised and bequeath in this my will, unto my  said
Grandson Philip Schuyler in the event that  he should die before he attains
the age of twenty one years and without leaving lawful issue of his body.  And
in case my son Rensselaer Schuyler should die during my life time, and without
lawful issue of his body begotten, then and in that case I give, devise and
bequeath all the real estate hereinbefore devised and bequeathed to him unto
my Grandson Philip Schuyler, son of my deceased son John Bradstreet Schuyler,
Stephen  Van Rensselaer, my Grandson Philip Jeremiah Schuyler my son and  to
my daughters Angelica, Elizabeth, Cornelia and Catherine to them respectfully
and to their heirs, executors, administrators and assigns as  tenants in
common and in fee simple; and I do hereby authorize and empower my executors
to make or cause partition to be made thereof amongst the said devises,
assigning to each an equal seventh  part in  value, as nearly as may be.  And
in case my said Grandson Stephen Van Rensselaer should die before he attains
the age of twenty one and without lawful issue of his body begotten, then and
in that case I give, devise and bequeath all the real estate hereinbefore
devised and bequeathed to him, unto my son John Bradstreet Schuyler, deceased,
to Philip Jeremiah Schuyler my son Rensselaer Schuyler, my son and to my
daughters Angelica, Elizabeth, Cornelia and Catherine, to them respectively
and to their heirs, executors, administrators and assigns as  tenants in
common in  fee simple; and I do hereby authorize and empower my executors to
make or cause partition to be made amongst the said  devises assigning to each
and  equal seventh part in  value, as nearly as may be.  And in the case my
daughter Catherine should die before me and without leaving lawful issue of
her Body begotten, then and that case, I give devise and bequeath all the real
estate hereinbefore devised and bequeathed to her and also the legacy of five
thousand dollars or as much hereof as may still be due thereon at my decease,
unto my Grandson Philip Schuyler son of my deceased son John Bradstreet
Schuyler, to my son Philip Jeremiah Schuyler, to my son Rensselaer Schuyler,
and to my daughters Angelica, Elizabeth, Cornelia and to my Grandson Stephen
Van Rensselaer, to them  respectively and their heirs executors,
administrators and assigns ass tenants in common in fee simple and I do hereby 
authorize and empower my executors to make or cause partition to be made
thereof amongst the said devises  assigning t each and equal seventh part
thereof in value as nearly and my be.  Notwithstanding in this my last will
and testament hereinbefore contained if it should happen that my son
Rensselaer Schuyler should die before me and without leaving lawful issue of
his Body and shall leave his wife enceinte and a posthumous child or children
should be born to him, that then it is my will that such posthumous child of
children should inherit the estate intended for their Father, and in like
manner, if my said two Grandsons Philip and Stephen should die before they
respectively attain the age of twenty one years and without issue of their
Bodies lawfully begotten and shall leave their respective wife, if any
enceinte and a posthumous child or children be born to him or them that then
it is my will that such posthumous child or children  should inherit the
estate intended forth father, anything in this last will and testament to the
contrary thereof notwithstanding.

- I do hereby appoint my beloved son Philip Jeremiah Schuyler, son beloved son
in law Alexander Hamilton, my beloved son in law Stephen Van Rensselaer to be
the Guardians of my grandsons Philip Schuyler son of my late son John
Bradstreet Schuyler, and of Stephen Van Rensselaer my Grandson, and of any
such posthumous children as they or either of them may have on the events
above mentioned, and to manage the estates of my said Grandsons until they
shall respectively become of age, and to receive the rents and profits thereof
and to apply such rents and profits to the education and of Stephen Van
Rensselaer my Grandson, and of any such posthumous children as they or either
of them may have on the events  above mentioned, and to manage  the estates
of my said Grandsons until they shall respectively become of age, and  to
receive the rents and profits thereof and to apply such rents and profits to
the education and maintenance of my said Grand Children in such manner as they
the said Guardians shall in their discretion judge meet and proper, and I do
hereby also,  confer the like power as to any posthumous child or children
of my said Grandsons.

  And whereas it may happen that doubts may arise as to the devises and
bequests in this my last will and testament contained or on some of them and
controversies may ensue thereupon in order therefor to avoid law suits and ill
will between my children and grandchildren it is my will and most earnest
request that in case of such doubts reference should be had to my friends
and I therefore recommend the Honorable James Kent and the Honorable Jacob
Radclift, Egbert Benson, Esq. Abraham Van Vechten Esq. and John H. Henry or
any three of these gentlemen as references to whom to refer on any   doubtful
occasion, and it is my will that their decision or decisions of a majority of
those applied to, should be acquiesced in, by the parties in controversy, and
I do hereby appoint my  beloved son Philip Jeremiah Schuyler, my beloved son
Rensselear Schuyler and my beloved sons-in-law John Baker Church, Alexander
Hamilton and Stephen Van  Rensselaer my executors  with full powers to  them
my   said executors to dispose of, settle and adjust my estate and the several
devises in this my last will  contained in such manner as to meet my
intentions and promote the interest of  the devises.

  This my last will is written with my own hand and I have written my name in
the presence of the witnesses on the margin of each page.  In witness whereof,
I have hereunto set my hand and seal this twentieth day of June in the year of
our Lord one thousand eight hundred and three.  Philip Schuyler    L.S.

 Signed, sealed, declared and published by the said Philip Schuyler as his
last will and testament in the presence of us the subscribers hereunto, and
who have also seen each other subscribe as witnesses and in the presence of
the testator and his request.

The following notes being first made to wit.

Page 1 (that) written over the sixteenth line
Page 3 (out) written over the ninth line.
Page 3 (beloved) written over line twenty-one.
Page 3 (forever) written over line twenty-nine.
Page 4 (two) written over an erasure in the ninth line
Page 4 (or to her heirs, executors, administrators and assigns) written over
the thirteenth line.
Page 4 (his heirs, executors, administrators and assigns written over line
twenty-two.)
Page 4 (daughter) written over line twenty-nine.
Page 6 (Schuyler) written over the first line
Page 6 (neither) written over the second line
Page 6 (four nor) written over an erasure in the fourth line
Page 6 (Cornelia) and (respectively to) written over the twelfth line
Page 6 (respectively) erased out of the thirteenth line
Page 6 (two) erased out of line twenty-eight.
Page 8 (posthumous) written over the fourteenth line.
Page 9 (children) written over an erasure on the second line.
Page 9 (my executors) written over line twenty-three.

Abraham Ten Broeck, G. W.  Mancius, Catherine Mancius, Margaret Ten  Broeck.

County of Albany  SS

 Be it remembered that on the fourth day of December in the year one thousand
eight hundred and four; personally appeared before me Abraham G. Lansing,
Surrogate of the county of Albany aforesaid Abraham Ten Broeck and George W.
Mancius of the said County who being respectively duly sworn on their oaths
declared that they did see Philip Schuyer, late of the City of Albany,
Esquire, deceased, sign and seal the Instrument wrote on this and the four
sheets of paper annexed, purporting to be the last  will and testament of the
said Philip Schuyler and heard him  publish and declare the same, as and for
his last will and testament, that at the time thereof he was of sound
disposing mind and memory, to the best knowledge and belief of these
deponents, that their names subscribed thereto is of their own proper hand
writing, and that they did also see Catherine Mancius and Margaret Ten Broeck,
the other witnesses thereto subscribe their names in the presence of the
testator.  And also, that Philip J. Schuyler, Rensselaer Schuyler and Stephen
Van Rensselaer, the of the executors in the said will named, likewise appeared
before me and were duly sworn to the faithful performance and execution of
the said last will and testament by taking the usual oaths as executors.
Abraham G. Lansing. Be it also remembered that on the eleventh day of December
in the year last above written John Baker Church, one other of the executors
in the said will named appeared before me, and was likewise duly sworn to the
faithful performance thereof.

The People of the State of New York, by the grace of God Free and Independent:
To all whom these presents shall come, or may concern send Greeting, Know ye,
that at the City of Albany, the County of Albany on the fourth day of this
Instant December, before Abraham G. Lansing, Esq. Surrogate of our said
county, the last will and testament of Philip Schuyler, Esq. deceased (a copy
whereof is hereto annexed) was proved, and is now approved and allowed of
by us, and the said deceased having whilst he lived and at the time of his
death, Goods, Chattels or Credits within this State, by means whereof the
proving and registering the said will and granting administration of all and
singular the said Goods, Chattels and credits, and also the  auditing,
allowing and final discharging the account thereof doth belong unto us; the
administration of all and singular  the Goods, Chattels and Credits of the
said deceased, and in every  way concerning his will, is granted unto Philip
Jeremiah Schuyler, Rensselaer Schuyler, Stephen Van  Rensselaer and John Baker
Church, executors in the said  will named, they  being  first duly sworn, well
and  faithfully to  administer the same and to make and exhibit a  true and
perfect  inventory of all  and  singular the  said Goods, chattels and
Credits and also to render a just and true account thereof when thereunto
required.  In Testimony were of, we have caused the seal of office of our said
Surrogate to be hereunto affixed.  Witness Abraham G. Lansing, Esquire
Surrogate of the said county, at Albany aforesaid, the eleventh day of
December in the year of our Lord one thousand eight hundred and four and of
our Independence the twenty ninth.

Abraham G. Lansing 

Examined
Abraham G. Lansing