I, William Nutt, of the town of Watervliet in the County of Albany and State of New York, being feeble in body, but sound mind and understanding, do make, subscribe and publish this my last will and testament.

First—  I do order and direct that my just and lawful debts be paid from my personal estates.

Second—  I do give and bequeath to my good and loving wife Elizabeth all my personal estate (silver plate excepted) to be at her sole and entire disposal, she paying therefrom my just debts which are few and small; and I likewise bequeath to her all my real estate during her natural life, she's to have the use, occupancy and uses of the same during that term.

Third—  On the event of the decease of my said wife, I do order and direct my executors thereafter named to sell and dispose of all my real estate by publick auction or otherwise, for the best prices that can be obtained, and from the moneys arising from such sale, after deducting therefrom the costs and charges that may arise in the execution of this will, to pay over the remainder in manner following (to wit) — to my brother Robert Nutt in case he survived and claimed the same within one year from the date of the sale aforesaid, the sum of five hundred dollars — to Catharine Higham of the City of Albany, four hundred dollars — to my brother David Nutt the two-thirds or four-sixths, of the sum that may remain — and to my nephew John and niece Mary Nutt, children of my brother John Nutt, deceased, the remaining one-third paid.

Fourth—  I give and bequeath to my brother David Nutt all my silver plate, and provided he should elect and decide on taking and holding the said real estate to himself, my said Executors are hereby directed to surrender it to him at a fair valuation, to be appraised by two good and competent men, one to be chosen by my said Executors, and one by my said brother David, and in case of their disagreement as to the value thereof, the two said appraisers may call in a third man, in which case the decision of any two of these persons shall be conclusion — on giving possession of said real estate my said Executors are to receive, and my said brother David is hereby required to pay over to them, all costs and charges that may have been incurred or that may arise in the execution of this will, also the sum divided in the same to my brother Robert being five hundred dollars, and the sum devised in like manner to Catharine Higham being four hundred dollars, and likewise the one-third part of the sum that remains from the sale of said real estate, as devised to the children of my brother John Nutt all which payments are to be made satisfactorily to my said Executors, by my said brother David on possession being given him of said estate.

Fifth—  In the event of my brother Robert not surviving to claim the bequest in this will made in his behalf — I do order and direct that any parts thereof, being the sum of two hundred and sixty-six dollars and sixty-six cents to my said brother David. The remaining one-third, being one hundred and thirty-three dollars and thirty-three cents to the two said children of my brother John, deceased, share and share alike in this and the other devise made to them.

I do hereby appoint Andrew Kirk and Thos. Hillhouse both of Watervliet aforesaid my executors of this my last will and testament.

In witness whereof I have hereunto set my name and seal.

William Nutt (Seal)

John C. Schuyler (Witness)
Noyes Iuw/Juw [indistinguishable] (Witness)

[Proved and recorded 08 April 1833]

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