Will of David VanBuren,
Volney, N.Y.
(Abt. 1798- 2/19/1887)

Many thanks to Michael VanBuren for sharing this with us.  Michael says, " I am starting to research my genealogy.   I have transcribed a will of one of my ancestors, David VanBuren, (Abt. 1798- 2/19/1887) and I would like to post it on the genweb.  I am researching the surnames: VanBuren, Yager, Bough, and Foster.   Thank you, Michael VanBuren.


 
     In the name of God, Amen, I David VanBuren of the town of Volney, County of Oswego & State of New York, being of sound mind and memory, and of the age of eighty three years, do make publish and declare this my last will & testament in manner following that is to say.
First    
     After all of my lawful debts & my funeral expenses are fully paid, I give and bequeath to my wife, Lucretia, all my goods chathls personal property and personal effects of every name and nature of which I may die possessed to have & to hold the same and every part and parcel thereof to my said wife her heirs and assigns forever, with this condition however, if my said wife shall at any time marry, then whatever may remain of this legacy at the time of such marriage shall revert to my estate, except that all house hold furniture & household stuff shall continue to be absolutely hers.
Second  
     I give devise and bequeath to my daughter Maryetta Morse her heirs and assigns the following described piece or parcel of land being part of Taylor’s location & of Lot No. 80 of the 17th Township of Scriba’s Patent.  Beginning at the south east corner of said Location, thence north 3° 15’ East along the east line of said Location 28.78 chains to a stake standing at the N.W. corner of Don Calkin’s land. Thence south 86° -40’ E, along said Calkins north line 8.75 chains to a stake: thence N. 18°21’ W 1.88 chains to a stake. thence S. 80°-30’ W 2.63 chains to a stake.  Thence W 86°-40’ W 18.20 chains along the south line of land hereinafter described as Subdivision 2 to a stake.  Thence S 3°15’ W 29.89 chains to the south line of said location.  Thence along said  S line 12.28 chains to the place of beginning, containing about 32 acres of land, said parcel being described on a made map by G.D. Bull, Surveyor in 1871 as “Sub No 1.” of the land surveyed for David VanBuren.
Third  
     All the rest and residue of my real estate I give and devise to my said wife Lucretia to have and to hold the same for & during her natural life, except that in case she shall at any time marry, the estate hereby created shall terminate, and end, except as to that portion of my real estate lying west of the river road (so called) which she shall and may possess and enjoy during her natural life. The legaices to my said wife are to be accepted by her lieu of down or other allowance from my estate.
Fourth  
    At the termination of the estate of my said wife as aforesaid, I give and devise to my son Henry VanBuren the following lands, being subdivision No 6 according to said map, and described as follows.  Beginning at the north-west corner of said lot at the bank of the Oswego River, & being the NW corner of Lot No. 19 of the 17th Township of Scriba’s Patent, thence along the north line of said lot No. 19 , 19.57 chains to the center of the Oswego or River road, thence S. 10°-45’ E. along the center of said road 9.98 chains to the center of the road leaving westerly to the Oswego River. Thence along the center of said road to the Oswego River.  Thence down said river to the place of beginning containing 18 acres of land more or less subject however to the rights of the State of New York and of the Rail Road now crossing said premises, to have and to hold the same to the said Henry VanBuren during his natural life, he to heir and discharge all legal assessments & taxes thereon during his life. And as this legacy is made for the support of the said Henry & his family, I hereby prohibit the said Henry from in any manner incumbering or disposing of said premises or any part thereof, and forbid its being taken by virtue of any judgment or process against the said Henry.  My will, being that he is only to have the personal use of said premises during his natural life and at his death I give and devise the same to his son David W. VanBuren his heirs and assigns;  And I also bequeath to my said son Henry VanBuren during his natural life, with the restrictions and conditions aforesaid the triangular parcel of land conveyed to me by warranty, deed of date Aug 22° 1870 by Edward VanBuren & wife, and DeWitt Gardner Forester & recorded in Oswego County Sept 3° 1870 in Book 129 of deeds at page 546, with remainder to Sub 6 aforesaid that is to say, after the termination of the life estate herein before devised therein to my said wife.
Fifth   
     at the termination of the estate of my said wife as aforesaid, I give and devise to my daughter Alice Merton the following described lands being Sub No.2 on said map, beginning at the south west corner  of subdivision No. 3, hereinafter described and in the center of the River Road, thence S. 86°-35’ E. Along the south line of said Sule No.3, 44.24 chains to a stake. thence S. 18°- E 9.22 chains to a stake. Thence S. 80 ½ ° W. 2.63 chains: thence North 86°- 40’ W. 18.20 chains to a stake, thence 3°-15’ E 2.54 chains to a stake.  Thence N. 86°40’W 25.61 chains to the center of the River Road.  Thence along the center of said road 6.91 chains to the place of beginning, to have & to hold the same to the said Alice for & during the full end and term of her natural life: and at her death I give and devise to the same to the heirs of my said daughter share and share alike:  I also give and devise to my said daughter Alice the barn situate upon the parcel herein before devised  to my son Henry, near the said River Road, with the right to remove the same on their taking possession of their separate parcels.
Sixth  
     At the termination of the said life estate to my said wife as aforesaid, I give and devise to my grandson George VanBuren for and during his natural life the following described lands, being Sub No. 3, according said map.  Beginning at the SW corner of Sub No.4 hereinafter mentioned, and on the north line of Taylor’s Location, in the center of the River Road: thence S. 86° -30’E. along the north line of said Location and the center of the River Road (so called) 43.02 chains: thence S 18° E. 7.16 chains to a stake: thence North 86° -35’ W. 44.24 chains to the center of said River Road; thence North along said road to the place of beginning; containing 24 1/10 acres of land more or less.  In case the said George shall die before my said wife, then the said parcel of land shall be sold and conveyed by my executors hereinafter named to either of my children surviving who will pay the most for it; and the avails thereof shall be divided between my wife and my daughter Marietta Morse as follows, four fifths to my wife, & one-fifth to my said daughter Marietta and in case the said George shall survive my wife, then at his death, I give and devise the same to his legal heirs.
Seventh  
     At the termination of said life estate to my said wife as aforesaid, I give and devise to my daughter Eunice Howard the following described lands to wit, Sub No 4 according to said map, and being on Lot No 19 of 17th Township of Scriba’s Patent, and lying between Sub No. 5 hereinafter mentioned and the River Road, subject however to a timber allotment hereinafter mentioned, to have and to hold the said Sub. No 4 for and during the full end and term of her natural life, and at the death of my said daughter I give and devise the same to her legal heirs.
Eighth  
     After the termination of the estate for life to my said wife as aforesaid, I give and devise to my grandsons Seymour & Franklin VanBuren, sons of my deceased son William S. VanBuren the following described lands being Sub No. 5 according to said map, being on said Lot No. 19 of 17th Township of Scriba’s Patent.  Beginning on the north line of said lot No. 19 in the center of the River Road, thence S. 89° -15’ E. along said N line 39.77 chains to a stake; thence S 2° W 9.40 chains to a stake:  thence N. 87° 52’ W 34.87 chains to a stake:  thence S. 3° -45’ W. 21 links to a stake; thence N. 87° -15’ W 2.37 chains to the center of the River Road:  thence N. 10° -45’ W along the center of said road 8.98 chains to the place of beginning, containing 28 9/10 acres of land more or less.
Ninth  
     The last two legacies viz. items 8th & 7th above are made expressly subject to this charge & condition (1) I give bequeath & devise to my said Son Henry VanBuren upon toe same conditions as the legacy mentioned in the 4th item herein for a timber lot a piece of land in the N E Corner of said Sub No 5, 5.91 chains longs E & W. & 4.20 chains wide N & S. to be held and used by him for the purpose of obtaining therefrom his necessary fire wood, and any rail timber he may desire, to use on Sub No 6 during his natural life, not exceeding forty years after decease or re-marriage of my said wife, when the said land shall become vested in the owner of said Sub No 5 (2) In like manner I and give and devise to my said daughter Alice Merton upon the same conditions as the legacy mentioned in the 5th item a piece of land on the east end of said Sub No. 5, and lying directly south of said timber allotment to said Henry VanBuren, and of precisely similar dimensions, to be held & owned by her, for the purpose of obtaining therefrom her necessary firewood, and any rail timber she may desire to use on Sub No. 2 during her natural life, not exceeding forty years after the decease or re-marriage of my said wife, when the said land shall become vested in the owner of said Sub No. 5. (3) In like manner I give and devise to my grand-son George VanBuren whom the same conditions as the legacy mentioned in the 6th item, a piece of land in the S.E. corner of said Sub No 5 & NE corner of said Sub No 4 & lying directly south of said timber allotment to said Alice Merton & of precisely similar dimensions, to be held & used by him for the purpose of obtaining therefrom his necessary fire wood and any rail timber he may desire to use on said Sub. No 3. during his natural life, not exceeding forty years after the decease or re-marriage of my said wife, when the said land shall become vested in the owners of said Subs No 4 & 5 respectively, as to the portions thereof may lie within the boundaries of said subdivisions.
Tenth  
     The legacy given by item 8 above to my grandsons Seymour & Franklin VanBuren is hereby made expressly subject to the following charges and conditions viz. (1) The said Seymour and Franklin shall within six years after my decease pay to their mother Minerva Morse the sum of one hundred dollars with interest thereon from the date of my decease to be paid annually (2)  The said Seymour & Franklin VanBuren shall pay to my wife Lucritia VanBuren the sum of two hundred & seventy-eight & 70/100 dollars with interest thereon from the date of my decease to be paid annually, said two items are hereby bequeathed as follows, the $100 & interest to said Minerva Morse, and the $278.70 & interest to said Lucritia VanBuren.
Eleventh  
     The foregoing life legacies are designed for the personal benefit of the respective legatees, therefore it is not permitted to them or either of them to dispose of the same or any part thereof or to incumber the same in any manner, or for any purpose, and the same is not permitted to be taken or sold in any case for the debt of either of said legatees contrary to the true intent and meaning hereof.
 
Twelfth
    It is expected by me that my said wife will provide  to a certain extent for the education and support of my grandson George VanBuren during his minority, & I order and direct that my son Henry VanBuren contribute twenty five dollars per year for the maintinance & education and support of my said grand-son George VanBuren during his minority, and the same is herby charged on the legacy to him under this my will.  
Lastly  
     I hereby nominate & appoint my wife Lucritia VanBuren and my son-in-law Harley Howard Executrix & Executor of this my last will & testament, hereby revoking all former will by me made.
     In witness whereof I have hereunto subscribed my name & affixed my seal this 15th day of March 1882.
       David VanBuren       L.S

      The foregoing written instrument consisting of nine & one half pages was at date thereof signed sealed published & declared by David VanBuren the testator therein as and for his last will & testament in the presence of each of us, who in his presence & at his, request & in the presence of each other, have subscribed our names, as witnesses thereto.

     S.N.  Dada of Fulton  Oswego Co  NY.
     J.C. VanBuren  Volney  Oswego Co  NY.
(Editor’s Notes  This will is recorded on April 14, 1887, Volume Page 171-172, 412-415


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