Will of Philip Schuyler - 1803


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 Hudsonís 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 OíHara; thence easterly along the same to Hudsonís river; thence southerly along Hudsonís river to the place of beginning, together with such of the Islands in Hudsonís river, situate opposite to the 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 (Battenkill) 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 event 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 nor 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.

Examined: Abraham G. Lansing

PAGE IN PROGRESS


notes

Will dated June 20, 1803. Probated December 12, 1804 and recorded at Albany County Surrogate (Volume 3 of Will at page 149). The CW entry follows: SCHUYLER, Philipp, of Albany City. Children Philipp Jeremiah, Rensselaer, Angelica, wife of John March 2 Barker Church, Elizabeth, w. of Alexander Hamilton, Cornelia, wife of Washn. Morton, and Catherine, wife of Samuel B. Malcolm, grandsons Philipp Schuyler, son of dec,d son John Bradstreet Schuyler, and Stephen van Rensselaer, son of dec. da. Margaret and Stephen van Rensselaer sen. Land at Saratoga, houses and lots on Market Str. and on Montgomery Str., Albany, personal estate. Son Philipp Jeremiah Schuyler, sons-in-law Alexander Hamilton and Stephen van Rensselaer guardians to grandsons Philipp Schuyler and Stephen van Rensselaer. Executors sons Philipp Jeremiah and Rensselaer, sons-in-law John Barker Church, Alexander Hamilton and Stephen van Rensselaer. Witnesses Abm. ten Brocck, G. W. Mancius, Catherine Mancius and Margaret ten Broeck.

Transformed from an online transcription posted by Leslie B. Potter in 1999 by SB


Home | Site Index | Navigation | Email | New York State Museum


first posted 1/15/13; last updated 3/11/13