Will of John Fondey, Jr. - 1814


Recorded August 2nd, 1814

In the name of God amen I John Fondey junr., of the City of Albany, being of sound disposing mind and memory and understanding considering the uncertainty of life and being desirous to settle and arrange my worldly affairs and thereby be the better prepared to leave this world when it shall please the dispenser of all things to call me hence do therefore make ordain and publish this my Last Will and Testament in manner and form following that is to say.

It is my will and pleasure and my Executrix and Executors hereinafter named or a majority of the survivors of them are hereby ordered and directed after my decease to sell and dispose of such part of my real estate (except what is hereafter reserved together with the house and lot I at present occupy) in the most advantageous terms as shall be sufficient to meet the payment of all my just debts which I may owe at the time of my decease or for the legacies hereby bequeathed and my Executrix and Executors aforesaid or a majority of them or of the survivor of them are also hereby authorized at their discretion to sell and dispose of the estate and entire remainder of my real estate whosesoever the same may be situated except as before mentioned. And on such sale of the whole or part thereof my Executrix and Executors aforesaid or a majority of the survivors of them are authorized required and ordered to execute and deliver all necessary and proper conveyances which in law or equity may be required of them or as I could myself have executed or given.

I give and bequeath to my beloved wife Cornelia all the furniture bedding linen household stuff and utensils in or about my house at the time of my decease including my chair and pleasure sleigh to be exclusively at her disposal after my decease in any way she may think most fit and proper.

I also give grant and bequeath to my beloved wife aforesaid during her natural lifetime and after her decease to my children hereinafter named the use and occupancy of the house and lot of ground at present occupied by her son Issac as the same is now in his possession together with all the rents uses and profits thereof during the period above mentioned and also the net income of the residue of my estate whether real or personal after the payment of all my debts as provided for in the first article of this my condition that she shall not claim the right of dower and in case of her remarriage then to revert to my children in manner hereafter particularly mentioned which said income it is my will shall be appropriated by her as an absolute property during the time she shall continue my widow in any manner she ma y deem most conducive to her comfort and happiness.

I give and bequeath to my youngest son Stephen, and in case of his death my decease to my son Issac my entire set of new encyclopedia. And also the One Thousand Dollars which my Executrix and Executors or a majority of them are ordered and directed to pay to him when he shall arrive at the age of twenty-one years out of the proceeds of my estate Real and Personal over and above and exclusive of his proportional share of my said estate in common with my other children hereafter named and in case of his death before my decease the said sum of One Thousand Dollars to revert to the survivors of my children or their heirs.

In consideration of the many services and peculiar attentions rendered by my niece Sarah Hunn now living with Wm. Hunn not only to my own family but to the different branches thereof as an acknowledgement therefore I give and bequeath to my said niece Sarah Hunn and my Executrices and Executors or majority of the survivors of them are ordered and directed to pay to her immediately after my decease the sum of Fifty Dollars for the purchase of such tokens of mourning as she shall consider fitting the occasion. And also the further sum of Five Hundred Dollars within twelve months after my decease.

I give devise and bequeath the residue and remainder of my Estate real and personal whatsoever the same may be after the death of my said beloved wife Cornelia to be equally divided among my five children Viz. Sally wife of Jellis Winne Junr., Maria wife of Charles D. Townsend Issac Williams and Stephen in equal proportions share and share alike and in case of the death of either of them before my decease then to their heirs and provided either of them should die without heirs then to the survivor or survivors of them in equal proportions to each.

I do hereby constitute and appoint my dear wife Cornelia Executrix my sons Issac Williams and Stephen and my sons-in-law Charles D. Townsend and Jellis Winne Junr., Executors of this my Last Will and Testament revoking and annulling all former wills by me heretofore made and ratifying and confirming this and none other hereby publishing and declaring the same and in the presence of the witnesses whose names are hereto subscribed as my Last Will and Testament. In witness whereof I have set my hand and cause my seal to be affixed this Twentieth day of January in the year of our Lord One Thousand Eight Hundred and Fourteen.

Signed sealed published and declared by John Fondey Junr. the above named Testator as and for his Last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses thereto the erasure of the words “or belonging to me and the interlination of the word of the word “the” on the second page was done before execution.

John Fondey Junr.

John A. Goewey
Henry Abel
Daniel Winne

notes

Will dated January 20, 1814. . Probated August 2, 1814. Copied by TB from a document on file at the Albany County Surrogate Court.

Probably a reference to his still-living but aged father-in-law, William Hun.

Transformed by JP

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first posted: 9/25/06