Posted on: Van Arsdale Wills, Probate Records, Final Inventories Reply Here: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/FamilyAssoc/VanArsdaleWill/12 Surname: Van Arsdale, Dawes, Decker, Nearpass, Smith, Stevenson, Schoonmaker, Easton, Haney, Teller, Mills, Harrmond ------------------------- This is the Will of our gr-gr-grandfather Rev. Jacob R. Van Arsdale of Tyre, Seneca, NY. He was born 13 Sep 1811, I believe in Pluckemin, Somerset County, NY, he died 26 May 1870 in Tyre, Seneca County, NY. His widow was the former Martha B. Dawes, whom he married on 28 Sep 1840 in Somerset County, NJ. I have included with it some papers we had found filed with the will. Apparently the sisters did not feel their brothers were following their father's wishes so they brought action against the boys. ------------------- Will of Jacob R. Van Arsdale In the name of God Amen: I Jacob R. Van Arsdale of the town of Tyre in the county of Seneca and State of New York of the age of fifty eight years and being of sound mind and memory do make publish, and declare this my last will and testament, in manner following, that is to say First I give and bequeath to my wife Martha B. Van Arsdale the use of four cows for milk and butter, one fat beef; one fat hog each and every year for meat for herself and family including in said family Jane and Amy C. Van Arsdale. Said cows, beef and hog are to be kept and fattened from the products of my farms. I give my wife Martha B. Van Arsdale $350, three hundred and fifty dollars annually. Said amount shall be the annual rent of my farms untill my youngest daughter Louisa becomes of age, and in case said Louisa should died before she becomes of age, then I direct that said amount shall be paid to my wife Martha B. untill my daughter Annie becomes of age. And after the said Louisa or Annie as the case may be shall reach their years of majority, then the above amount shall be reduced to $200 two hundred dollars annually for her own benefit. I give her all my household furniture, and the use of at least on half of the house I now occupy. The above provisions and sums of money to be accepted and received by my wife in lieu of d**es.(unreadable) Second I give and devise to my son James Van Arsdale his heirs and assigns the farm on which I live containing our hundred acres of land on conditions herein after mentioned. I give and devise to my son George Van Arsdale his heirs and assigns the farm I have purchased of Truman Decker containing seventy two and one half acres of land on conditions herein after mentioned. I hereby direct that my sons James and George Van Arsdale shall pay an annual rent for the use of my farms of $350, three hundred and fifty dollars said amount shall be paid to my wife Martha B. Van Arsdale untill my daughter Louisa becomes of age and in case she dies before she becomes of age then said amount of rent shall be paid as above mentioned untill my daughter Annie Van Arsdale becomes of age. I also direct that my sons James and George Van Arsdale shall pay two hundred dollars each to the following named children when they become of age. To my son George Van Arsdale two hundred dollars; to my daughter Ellen Van Arsdale two hundred dollars; to my daughter Annie Van Arsdale two hundred dollars; and to my daughter Louisa Van Arsdale two hundred dollars. And further direct that my son James and George Van Arsdale shall pay the following legacies or sums of money. To my daughter Mary Nearpass the sum of nine hundred dollars; to my daughter Laura Smith the sum of nine hundred dollars; to my daughter Jane Van Arsdale the sum of nine hundred dollars; to my daughter Amy C. Van Arsdale the sum of nine hundred dollars; to my daughter Ellen Van Arsdale the sum of nine hundred dollars; to my daughter Annie Van Arsdale the sum of nine hundred dollars; to my daughter Louisa Van Arsdale the sum of nine hundred dollars; and to my son Johnathan Van Arsdale the sum of one thousand nine hundred dollars which said several legacies or sum of money I direct and order to be paid to the said legatees when my daughter Louisa becomes of age and in case the said Louisa should die before she becomes of age then said legacies shall be paid when my daughter Annie Van Arsdale becomes of age except the legacy or sum of money herein will to my son Johnathan Van Arsdale which sum of money shall be paid when he becomes of age. I value the farm on which I live and herein willed to my son James Van Arsdale worth nine thousand dollars and the farm bought of Truman Decker and herein will to my son George Van Arsdale worth six thousand dollars and my stock and farming utensils I value worth one thousand dollars ( except the stock herein willed to my wife) said stock and farming utensils of whatever name or nature are to be accepted by my sons James and George Van Arsdale for the sum herein expressed and said stock and farming utensils shall be equally decided between them. I direct that James and George Van Arsdale shall pay the above legacies and debts in the proportion of the valuation of the farms herein will to them respectively. And I direct that my sons James Van Arsdale and George Van Arsdale shall work these farms jointly untill my daughter Louisa becomes of age and in case said Louisa should die before she becomes of age then untill Annie Van Arsdale becomes of age. I order and direct that my son James Van Arsdale shall receive out of the valuation of the farm will to him one thousand four hundred dollars; and I order and direct that my son George Van Arsdale shall receive out of the valuation of the farm herein willed to him the sum of one thousand four hundred dollars. And I direct that my sons James Van Arsdale and George Van Arsdale jointly pay all debts and expenses necessary in settling my estate and if any personal property remains after paying legacies; debts; expenses I direct that said remainder shall be equally divided between my children And Lastly, I hereby appoint my son James Van Arsdale and Robert S. Stevenson executors of this my last will and testament. And I also hereby appoint my son George Van Arsdale executor when he becomes of age in the place of Robert S. Stevenson hereby appointed if legal hereby revoking all former wills by me made. In witness where of I have hereunto set my hand and seal this 9th day of May in the year of our Lord one thousand eight-hundred and seventy. Signed J R Van Arsdale ( crossed out) Signed again J R Van Arsdale The above instrument consisting of one sheet was at the date there of signed sealed published and declared by the said Jacob R Van Arsdale as and for his last will and testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witness thereto E J Schoonmaker Residing in Tyre Seneca Co NY Ambrose Easton Residing in Tyre Seneca Co NY Whereas I Jacob R. Van Arsdale of Tyre Seneca County New York have made my last will and testament in writing bearing date the ninth day of May in the year of our Lord one thousand eight hundred and seventy in which I neglected to say that my sons James Van Arsdale and George Van Arsdale shall pay all the taxes on my farms. Now therefor I do by this my writing which I hereby declare to be a codicil to my last will and testament and to be taken as a part thereof. And declare that my will is that my sons James Van Arsdale and George Van Arsdale shall pay all taxes on my farms. And lastly it is my desire that this codicil be annexed to and made part of my last will and testament as aforesaid to interests and purposes to witness whereof I have hereunto set my hand that this 12th day of May in the year of our Lord one thousand eight hundred and seventy. Signed J R Van Arsdale ---------------------------- Surrogates Court In the Matter Of The judicial Settle't of the accts of James Van Arsdale Executor of Jacob R Van Arsdale dec'd Laura Smith, Amy C. Haney, Ellen Teller and Jane D. Mills four of the legatees named in the will of said deceased, hereby object to the accounts of said accounting Executor on the following grounds: Said Executor has erroneously charged said Estate and credited himself with the payment of $5, 054.20 as debts of said testator and with $285.65 as expenses of administration of said Estate, when such sums should have been paid by James Van Arsdale and George Van Arsdale and not by said Executor as such. Said Executor has erroneously credited himself and charged said Estate with the payments of a note to Martha B. Van Arsdale of $922.50 which should not be allowed, as the same was as these legatees are informed and believe cut off by the statute of limitations before the alleged payments thereof. The said Executor has erroneously credited himself with having paid to the widow of said testator the sum of $3860. And 1400. Which sums should have been paid by said James and George Van Arsdale and not from said estate. The said Executor has erroneously failed to account for the following property which was included in said inventory. Only he has accounted for it has erroneously turned it over to himself and George Van Arsdale to the prejudice of said objecting legatees (unreadable word): Oak Lumber 1.50 Corn $75. Top buggy 15. Bees 20. Wheat 340. Barley 40. Oats 70. Melodian 50. 91.50 415. 105 415 91.50 $611.50 And he erroneously failed to account for one watch the property of testator which was not inventoried. The said Executor has erroneously failed to account for the proceeds of said farms mentioned in the will during the time they were or should have been worked by the said James & George Van Arsdale That the said account is not made up or stated in accordance with the provisions of the will of said testator. Signed J. W. Harrmond Atty for above Varied Contestants