[29 Aug 1818]
In the name of god amen, I Isaac D. Fonda of the town of Stillwater in the county of Saratoga and State of New York, being of sound mind and memory but considering the uncertainty of this mortal life and being desirous of settling all my temporal concerns to the utmost of my power do make, publish and declare this my last will and testament hereby revoking all former wills by me made. In primis I resign my spirit unto the hands of God who gave it and my body I hereby direct to be buried in a decent Christian like manner in the burying grounds of the Yellow meeting house in the town of Stillwater near the grave of my deceased wife with a firm and lasting hope of finding salvation in the merits of a Saviour and meeting a reconciled God at the resurrection of the just.
Item, I hereby direct my executors herein after named and appointed to pay all my debts of every kind including all funeral charges out of the money arising from my estate.
Item, I hereby direct and empower and authorize my executors herein after named the survivors and survivors of them to dispose and sell as soon as conveniently may be, after my decease and to the best possible advantage the farm on which I now live and conveyance and conveyances therefore to make, execute and deliver and to dispose of the purchase money as is hereinafter directed.
Item, I give and bequeath unto my executors hereinafter named the survivors and survivors of them the sum of two thousand dollars out of the avails of my farm when sold as aforesaid in trust to be put at interest upon good and sufficient security and to pay the interest arising therefrom to my present wife Elizabeth during her natural life and in trust also after the decease of my said wife Elizabeth to be distributed according to the disposition of the residue of my estate as hereinafter made which bequest is intended to be in lieu of all dower to which my said wife may be entitled out of my estate and is not to take effect unless she shall accept it as such and shall also on the sale of my estate release to the purchaser or purchasers or otherwise her right of dower therein.
Item, I give and bequeath unto my executors hereinafter named the survivors and survivors of them the sum of two thousand dollars out of the avails of my farm when sold as aforesaid in trust to be put at interest upon good and sufficient security for the benefit of my son Isaac Fonda Junior, and to pay him or for his use, and the use of his child in their discretion the interest arising therefrom annually for and during the natural life of my son Isaac, and in trust, also that if the interest of the said sum of two thousand dollars together with his own industry shall not be sufficient for the comfortable maintenance of my said son Isaac then in their discretion from time to time to appropriate so much of the principal sum of two thousand dollars as shall be sufficient for that purpose, being such appreciation shall not in the whole exceed the one half of the said sum of two thousand dollars: and in trust also after the decease of my said son Isaac to pay one thousand dollars to the child or children of said son Isaac, if any, surviving him, when arrived at the age of twenty-one years or to the issue or issues of any such child or children if any when arrived at the age aforesaid and to distribute the residue of said sum of two thousand dollars, if any remaining, and the said sum of one thousand dollars also, if no issue of my said son Isaac, or if such issue should die before full age and without heirs, according to the disposition of the residue of my estate hereinafter made.
Item, I give and bequeath unto my said son Isaac my one horse sleigh, my one horse waggon, my single horse harness, one horse and one cow.
Item, I give and bequeath to my wife Elizabeth all the household and other property which was hers before our marriage and also one cow being the one she herself has raised and now calls hers.
Item, it is m will that my wife Elizabeth and my son Isaac be suffered to remain in possession of and have the use of my farm until it is sold as herein before directed and that they be allowed out of my estate a sufficiency of grain and other necessary provisions for the season and also the use of necessary kitchen furniture until the sale of the farm as aforesaid.
Item, I give and bequeath to my daughter Hendricka wife of Stephen Lawrence my set of blue bed curtains together with the bed stead on which they are used and to my daughter Maria my set of light coloured bed curtains together with the bed stead on which they are now used.
Item, I give and bequeath all the residue of my household furniture to be equally divided among my children, the children and grandchildren of such as shall have died before my decease, taking such share as would have fallen to his, her or their ancestors had they been living.
Item, as to all the rest and residue of my estate both real and personal I give, devise and bequeath the one equal sixth part to my son Douw his heirs and assigns forever: the one equal sixth part thereof to my son Cornelius his heirs and assigns forever: the one equal sixth part thereof to my daughter Jane wife of Walter VanVeghten her heirs and assigns forever: the one equal sixth part thereof to my daughter Maria wife of Abraham Groesbeck her heirs and assigns forever: the one equal sixth part thereof to my daughter Hendrica wife of Stephen Lawrence her heirs and assigns forever: the one equal sixth part thereof to the lawful heirs of my daughter Alida late wife of Hezekiah Reynolds, their heirs and assigns forever to be equally divided among them. Margaret Alida daughter of Israel Reynolds deceased, taking the portion her father would have taken had he been living to be paid to her upon her marriage or arrival at the age of twenty-one years, whichever shall first happen.
And it is my will and intention that no devise or bequeath by me herein before made shall lapse in consequence or legatee before my decease, but that in case of the death of any legatee or devisee, the legal heirs of such legatee or devisee, shall take the share or portion, that his, her, or their ancestors would have taken had they been living, such share or portion to be awarded among the legal representatives of the devisee or legatee per Stirpes, and not otherwise. And lastly I herby constitute and appoint Hezekiah Reynolds and John L. Viele executors of this my last will and testament.
The instructs whereof I have hereunto set my hand and seal this twenty-ninth day of August in the year of our Lord, one thousand eight hundred and nineteen.
Isaac D. Fonda S.S.
Signed, sealed, published and declared by the above name Isaac Fonda to be his last will and testament in the presence of us, who have hereunto subscribed our names as to witnesses in the presence of the testator and in the presence of each other.
Thomas B. Mulliken
John L. Viele
[7 Jan 1821]
Whereas I Isaac D. Fonda did by my last will and testament appoint Hezekiah Reynolds late deceased one of the executors of my said last will and testament, now know ye that I appoint Cornelius I. Fonda as one of my paid executors in the place and stead of the said Hezekiah Reynolds late deceased. January 7, 1821 Isaac D. Fonda.