Witnesses : Peter Van Alstyn, John Rogers, John J. Van Valkenburgh

The names of the witnesses did not appear on the will, but were recorded in separate statements following the death of James Van Valkenburgh, except for Peter Van Alstyn who had died by the time the will was received by the Surrogate's Court.  The separate statement by John J. Van Valkenburgh, son of James, is included below the will.

See the will of son John Jay Van Valkenburgh for a short genealogy of a portion of this family. 

In the will below, Betsey (Elizabeth) Van Valkenburgh, daughter of James Van Valkenburgh, is mentioned.  She married Rensselaer Hoag ( grandson of Hannah Wilbor) who is mentioned in the will of Samuel Wilbor.

Record of the last will and testament of James Van Valkenburgh late of the Town of Chatham in the county of Columbia, deceased and of the proofs thereof as a will of personal property recorded Oct 17, 1836.

In the name of God Amen- I James Van Valkenburgh of the Town of Chatham in the County of Columbia and the State of New York being weake in body but of sound and desposing mind and memory thanks be to Almighty God for the wisdom in helping, well knowing that it is appointed unto man once to die and that life is short and uncertain that my body must soon be laid beneath the cold clods of the valley I humbly wish and confidently hope that my spirit will return to rest in peace with that being who brought me into existence. And into those hands I seriously commit it. Well knowing the selfishness of man and the consequent difficulty that frequently arise from conflicting claims and with a vision to perpetuate peace and harmony in the various branches of my family and that they may each revere the memory of one who has lived much---- and suffered much to render them comfortable and respectable do make and publish this last will and testament in the manner and form following.

1. It will order and direct that after my decease I be decently buried and that a suitable stone be set to my grave and that all my debts be paid out of my estate by my executors herein after named.

2. It is my will and I do hereby give and devise and bequeath unto my two executors herein after mentioned and to their heirs and assigned all my estate personal and real of whatever name or nature, but for and upon this exception condition, in trust for my heirs as herein after mentioned that they sell and dispose within a reasonable time after my death the farm to the best advantage they can within a reasonable time after my demise for the use and purposes herein after mentioned.

3. They go to all or the survivor or survivors of them to sell and divide my estate of whatever name or nature and where ever situated or on sale or sales to execute and deliver good and sufficient deeds of conveyances in the land thereby conveying all my right and title of and I order and direct that out of the sale of my estate the sum of one thousand dollars shall be reserved by my executors and put to interest secured by bond and mortgage on real estate where the interest will be paid for the benefit of my well beloved wife Pamela, if in case she should survive me and also set apart for her use one or two feather beds and necessary bedding for the home and what kitchen furniture it may seem proper for her use and should the above sum of one thousand dollars to be put at use for the benefit of my said wife be thought insufficient for the comfortable support and maintenance of her by my executors, they are hereby authorized to increase the sum to fifteen hundred dollars.

4. It is my will and I do hereby order and direct that all proceeds of my estate real and personal when sold by my executors as above mentioned, subject to the provisions of my said wife shall be divided among my children herein named and as herein directed viz to my son James, John, Laurence, Bartlet, Sylvester, Samuel and Wesly being seven in numbers each one share and share alike, to my daughters viz Betsey, wife of Rensselaer I Hoag to my daughter Salome wife of Joseph Pratt, to my daughter Roxana wife of Dr.M. Turk and to my daughter Amanda wife of Barent Van Alen, each one share and share alike, but in this way and manner the sum of each of my above mentioned daughters or otherwise the amount which each daughter shall receive shall be half the amount received by each son. It will be noticed that in the above catalogue of my heirs that my son Harry is left out, this is intentionally done with reference to strict justice to my children and in full view of having already advanced to him in money and other property a sum which with its interest will in all human probability by the time my above named heirs will realize their share far exceed the amount which either will obtain over and above many trifling advances which I am continually making to constitute him and family comfortable, but no demand shall be made of him by my executors for any claim that shall be formed due my estate previous to the third day of June in the year of one thousand eight hundred and thirty.

5. It is my will and I do hereby order and direct that in as much as my son Samuel is partially deranged and incapable of transacting business that his share found due him after my death if any after deducting the charges made by me against him which I hereby order and direct shall remain in the hands of my executors or the survivor of them or may by them or either of them be placed in the hands of any proper person where it will be secure. The interest of which they my said executors or the survivor of them I shall appropriate to his support and maintenance in such way and manner or they shall or may thinks [sic] proper and if in the opinion but may appropriate the principal sum for his benefit and in case of his death and a residue of the said legacy left executor or the survivor or survivors are hereby ordered to pay the same to his children. Share and share alike in each way and time as they may think proper, I will also order and direct that the portion of my estate which shall fall to the above named daughter Betsey, shall remain in the hands of my said or herein after mentioned executors and shall subject to their control and should they think proper may put the amount of interest where secured by bond and mortgage she may receive the interest yearly or if in their opinion it should be necessary and proper they may appropriate the whole or such portion there of the principal to her support and maintenance. They shall or may think proper and just by and with her advice and conduct and at her demise the amount either great or small shall be paid to her children those living and share alike in such way and manner at as such times within the period of their respectively falling of lawful age at my executors shall think--- and proper.

6. With a view to prevent all difficulty that shall or may arise or that may be generated from causes beyond my comprehension or control in the settlement of my estate by virtue of this my last will and testament it is my will and I do hereby humbly beseech and request that Winthrop Phelps, Edward G. Wilbor and Samuel Wilbor of the Town of Chatham or any two of them, the survivor or survivors of them shall be referees and they are hereby constituted such to decide on any difficulty that shall or may arise between my heirs in the settlement of my estate or in relation to the true intent and meaning of this my last will and testament and whose deception when made in writing on a matter application to them or any two of them shall be final and conclusive.

7. Lastly it is my will and I do hereby constitute and appoint my two sons John and Sylvester executors of this my last will and testament hoping and believing they will succeed in discharging the duty imposed on them by this my last will and testament with faithfulnes and fidelity and to the entire satisfaction of all interested. I hereby revoke all former wills by me at any time made. In witness whereof I have here set my hand and affixed my seal this ninth day of March in the year of our Lord One Thousand Eight hundred and Thirty five. On reflection and with a view of being reproached a disposition to favor one at the expense of another. I do further will order and direct that on the settlement of my estate by my said executors there should be found due my estate from my son Harry of Principal and interest---bond notes or book account without reference to the statute of limitation the amount when all demands without reference to date or age shall not deducting interest at the rate of seven per cent per annum amount to a equal [sic] to that which shall fall to either of my other sons then and in such case I order and direct that a sum sufficient be paid him in addition to the said debt to make a sum equal to the sum received by my other sons.

                                                                         JAMES VAN VALKENBURGH

                                                                                                 X-MARK

Columbia County.  I, JOHN J. VAN VALKENBURGH OF CHATHAM in said county being duly sworn says that the will above referred to was written by this deponent agreeable to the directions of testator is now the same that this deponent has had possession of said instrument since its execution until a few days since when he deposited it for probate in the surrogates office.  Sworn before me Oct 17,1836.

                                                                 JOHN J. VAN VALKENBURGH  [signature]

Abraham Van Buren - Surrogate

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