Name/Title
Last Will and Testament of Benajah CurticeEntry/Object ID
002801Tags
Benajah CurticeScope and Content
Main Document
THE PEOPLE of the State of New-York,
by the Grace of GOD, Free and Independent:
To All to whom these Presents shall come, or may concern,
Send Greeting: KNOW YE, That at Ulster County
on the Day of the date hereof before
Joseph Gasherie Esq. Surrogate of our said County,
the last Will and Testament of Benajah Curtice deceased,
(a Copy whereof is hereunto 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 the 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 any Way concerning his Will is
granted unto Silas Person Junr. of the Precinct of Cornwall in the
County of Orange and Thomas Booth of the Precinct of the
Wall Kill in the said County of Ulster the
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 whereof, we have caused the Seal of Office of our said
Surrogate to be hereunto affixed. WITNESS Joseph Gasherie
Esquire, Surrogate of the said County, at Kingston the
Sixth Day of May in the Year of our Lord One
Thousand Seven Hundred and eighty eight and of our Independence
the twelfth.
Joseph Gasherie, Surrogate
Second and Third Pages
1. Document Overview
Testator: Benajah Curtice, a "Yeoman" from the Precinct of Wallkill, Ulster County, State of New York.
Condition: Declared to be in health and of "sound mind and memory" at the time of writing.
Date of Execution: March 27, 1786.
Date of Probate: May 6, 1788 (following his death).
2. Key Terms & Asset Distribution (2801b.jpg)
Settlement of Debts: He orders that 20 acres of his land (starting at "Otter hill" and extending northward) be sold. The proceeds, along with any outstanding debts owed to him, are to be used to settle his own just debts. If those funds are insufficient, enough of his movable property ("movables") is to be sold to cover the rest.
Provision for his Wife:
Any remaining money from the initial land sale after debts are paid goes to his "loving wife" (implied, or if not a nurse, then structured as noted).
He leaves the remaining part of his movable estate directly to his wife, Phebe Curtice, and her heirs.
Phebe is granted the lifetime use of the remaining portion of his lands, dwelling house, and everything appertaining to it.
Post-Wife Estate Distribution: After Phebe’s death, the remaining land is to be sold by his executors, and the proceeds divided as follows:
£5 (Five pounds) to his brother, Thomas Curtice.
The remainder of the money is to be split into two equal halves:
One equal half divided among the children of Jeremiah Curtice.
The other equal half divided among the children of Noah Curtice.
3. Executors & Witnesses (2801b.jpg & 2801a.jpg)
Executors Appointed: His "two friends" Silas Person, Junior and Thomas Booth, who are given full legal authority to sell the lands and execute the deeds.
Witnesses to the Will:
James Robarts
Moses Reed
Kiziah Curtice
4. Probate and Certification (2801a.jpg)
On May 6, 1788, witness James Robarts (a laborer from Wallkill) appeared before Joseph Gasherie, the Surrogate of Ulster County.
Robarts swore under oath that he witnessed Benajah Curtice sign, seal, and declare the document as his last will on March 27, 1786, and that Curtice was of sound mind and memory. He also confirmed that Moses Reed and Kiziah Curtice signed alongside him as witnesses.
The document concludes with a certification by Joseph Gasherie stating that the text is a true copy of the original will and probate record.
