This is Chapter Seven of eleven parts. An unusual circumstance has required an unusual chapter for our DeVoe family history. We’ve created this unique chapter to address both the scarcity of records on this branch of the family, and to document our insights about working through a knotty challenge like this.
Ballston Spa was the “Center” of Saratoga County
How Ballston Spa Became the County Seat, published April 1, 2021.
If you give a couple of ne’er-do-well convicts a lighted candle, they just might burn the jail down — and this is exactly what happened. According to the newspaper, Saratoga Today —
“Fire broke out in the courthouse in the middle of the night on March 23 [1816]. Two prisoners, Fones Cole of Northampton (held on a forgery charge) and Peter Drapoo (a horse thief) used a candle they purchased from the jailor (reportedly for playing cards) to set fire to their cell and escape. Two other prisoners also escaped during the fire but a fifth prisoner, George Billings, was chained to the floor and perished in the flames.”
After the drama of that event, for three years, different interested Saratoga County towns vied for the new courthouse to be built in their community, but when all was said and done, the new courthouse stayed in Ballston Spa, opening in 1819. “The style of the building was essentially the same as the original building on Courthouse Hill, though they built this one out of brick.“
At the time of this chapter in our family history, the Surrogate of the County of Saratoga was George Palmer, esq., and he was working from this new courthouse. (1)
Our Dilemma With Peter M. Devoe — That “M” is Pretty Important!
In our search for our 3x Great Grandfather, Peter M. Devoe — as sometimes happens in genealogy research, you find yourself tracing a relative who has a rather common name. In this part of the world at that time, there were many, many Devoe(s) living in New York State. Also, the first name of Peter was (and stilll is!) quite popular. Occasionally we might luck out and see a middle name initial: Peter D., Peter J., etc., but without that special “M” nothing could be certain we had the right person.
And then there’s the surname. The Holland Society records these variants for the Devoe surname: De Voew, De Vous, Devoe, Du Fou, Du Voe, D. Fou, d. Fou, D. Vou, De Voe, Devou, De Vous, Vous, Du Vou. In a preliterate world, we find many of these spellings on census records, court records, correspondence… you name it!
We found his 1829 marriage record to Alida Shaw, and we will be writing about his and his family’s life together in the next chapter. The only other document we have located, where we are certain that it is him, is the Last Will and Testament of Elias Devoe. This 1832 Will is a treasured document from our research, — it is the only document that captures the name of Peter M. Devoe, and lists all the people who are his likely siblings. Being a rare item, we feel that it is important to explain to readers exactly how we came to these conclusions. (2)
The Enigmatic Last Will and Testament of Elias Devoe
We are presenting the actual pages of Elias Devoe’s will as written on July 17, 1832, and probated on October 8, 1832. Each page has the actual words, first shown in the court copy, with a transcription following.
“Be it remembered that on this 8 day of October 1832, came before me George Palmer, Surrogate of the county of Saratoga, at my offices in the village of Stillwater Maria Devoe and Hoffman Steenburgh executors named in the last Will and Testament of Elias Devoe late of the town of Halfmoon in said County deceased and showed to said Surrogate that they and duly cited and notified Isaac M. Devoe, Peter M. Devoe, Maria Devoe, Elizabeth Quackenbush, Getty Gray, Catherine Vandekar, Alida Devoe, Anna Quik, Martin Van Curen and Asahel Philo Guardian to Maria Van Curen and Alida Van Curen minors, being the heirs at law and next of kin of the said deceased that they would on the said 8 day of October, at the place aforesaid present said will to the said Surrogate to be proved and allowed as a will of real a personal estate, and also on Cornelius Devoe, also an heir and next of kin of the said deceased to the same effect.
(Image courtesy of herald net.com).
And leave being given to the said Maria and Hoffman they then and there produced to said Surrogate a certain instrument in writing purporting to be the last Will and Testament of the said Elias bearing date the Seventeenth day of July in the year of our Lord, one thousand, Eight hundred and thirty two and that then and there introduced Abram Van Wart and James McNiece who”
“being duly sworn did say that they were present and saw the said Elias _____ said instrument by signing the same, and adopting the seal and heard him declare the same to be his last Will and Testament and that they put their names to the same as witnesses in the presence of the testator and of each other, and of Platt Burtis, who also signed his name as a witness in presence of the said testator and of this witnesses. And that the said testator at the time of so executing the same was of sound mind and memory, and Hoffman Steenburgh also a witness to said Will being duly sworn says that at a subsequent day he was called on to be a witness to said Will, that the testator acknowledged to him that he executed said instrument as his Will and that when he so made his acknowledgement he was of sound mind and memory and then this deponent put his name to said Will as a witness in presence of the said testator. And hereupon the said James further said that he wrote said Will by actions of the testator, and that he was perfectly rational and knew well what he was about. And on the application of the said executors, I adjourned the further hearing and consideration of the proof of said Will until the 13th day of October, 1832 at 12 O clock noon, at my office in the village aforesaid, at which time and place came the said Platt Burtis also a witness to said Will, who being duly sworn and said that he was in presence of the testator at the time the above named Abram and James signed their names to said Will, that he then signed his, that the said testator in presence of these three witnesses acknowledged the execution of said instrument as his last Will and Testament and that at the time thereof, the said testator was of sound disposing mind and memory. And the said witnesses declared the testator above the age of twenty-one. It appearing to said Surrogate that said Will was properly executed, and that the testator at the time of executing the same was in all respects competent to devise real estate, and not under restraint, the said Surrogate records said Will and certifies to be in the words and figures following: In the name of God, Amen. I, Elias Devoe of the town of Halfmoon, in the county of Saratoga and State of New York being weak in body, but of sound mind and memory, and knowing the uncertainty of this life, for the purpose of making a disposition of such property real and personal, wherewith it has pleased Almighty God to bless me in this present world do make this my last Will and Testament, as follows, viz: Item. I give devise, and bequeath unto my”
“beloved wife Maria Devoe all my real estate, situate in the town of Halfmoon in the county of Saratoga aforesaid for and during her natural life, or as long as she shall live excepting therefrom my right in the mill lot, one third of which belongs to the estate of Cornelius Fonda, Deceased, one third to Henry Fonda, and the remaining third to myself, and also my store on the west side of the canal together with the basin on the east side of the same and also a small piece of Lands along the west side of the new roads, leading from the aquaduct [sic] to Tartalus Frosts and north of the road leading from the aquaduct [sic] to the village of Middletown all of which I do hereby except from this above devise of my real estate to my said wife Maria. Item. I do also hereby give, devise and bequeath unto my said wife Maria all my personal property for her own and sole use, benefit, and behoof forever. Item. From and after the death of my said wife, Maria, I do hereby give devise and bequeath unto my two sons Elias Devoe and Stephen Devoe all the real estate above given devised and bequeathed unto my said wife Maria to be divided equally between them share and share alike to them, their heirs, and assigns forever. Item. I give devise and bequeath unto Elias Link son of John Link, of the town of Watervliet in the county of Albany the above mentioned excepted small piece of land lying on the west side of the new road leading from the aqueduct to Tartalus Frosts and north of the road leading from the aqueduct to the village of Middletown, to him his heirs and assigns forever. Item. I order will and direct that my right in the mill lot above mentioned excepted be sold by my executrix and executor hereinafter named for the purpose of paying off and satisfying my just debts and the overflows if any there be, I hereby give to my said wife Maria. Lastly, I do hereby nominate, constitute and appoint my said wife Maria Devoe executrix and Hoffman Steenburgh Executor of the town of Halfmoon in the county of Saratoga aforesaid, of this my last will and testament, hereby revoking and annulling all former wills by me made, if any therebe. In witness whereof I have hereunto in my hand and seal, as and for my last will and testament this seventeenth of July, in the year of our Lord, One thousand Eight hundred and thirty two in the presence of the subscribing witnesses disinterested persons who have”
“Hereunto subscribed their names as witnesses hereto in my presence and in the presence of each other. Elias Devoe, SS. Witnesses present Abram M. Van Wart of Halfmoon, Saratoga County. Platt Burtis, Jas. [or Jan] McNiece of Halfmoon, Saratoga County. Hoffman Steenburgh of Halfmoon, Saratoga county.
I, George Palmer, Surrogate of the county of Saratoga do certify that the preceding record is a true copy of the last Will and Testament of Elias Devoe, of Halfmoon, in said county, deceased.
George Palmer, esq.” (3)
Further Notes Regarding Elias Devoe’s Estate
In an earlier era of America, when someone died, if their estate had any debts such as unpaid bills, mortgages which were not yet completed, etc., the courts required that their assets be evaluated for sale to satisfy the debts owed. This was very difficult for some families.
Some of the other Surrogate Court documents which follow from the Probate of the Will, are shown with a transcription, or are simply described:
March 11, 1833
Further notes regarding Elias Devoe’s estate: This is a public notice for people to appear before the court Surrogate George Palmer on April 27, [1833], is they have concerns about property being sold to pay off debts from the estate.
April 27, 1833
Further notes regarding Elias Devoe’s estate: Land surveying is described.
July 19, 1833
Further notes regarding Elias Devoe’s estate: George Palmer is acknowledging that some property has been sold.
October 12, 1832
This notice regards the documentation that the Van Curen children are heirs to the Will of Elias Devoe.
(Artwork courtesy of Mutual Art).
“ Asahel Philo, Esq. Is appointed special guardian to Maria Van Curen and Alida Van Curen infant heirs and ___ next of kin of Elias Devoe late of Half Moon deceased, for the sole purpose of appearing for and taking care of this interest under an application of Maria Devoe and Hoffmann Steenbergh executors named in the last will of the said deceased to have the same ____ __recorded as a ____ of __ formal estate. George Palmer, esq.”
October 21, 1833
This notice describes guardianships for both the Devoe and Van Curen children who are mentioned in Elias Devoe’s Will.
“Asahel Philo is appointed guardian to Elias Link and to Stephen Devoe & Elias Devoe; and also Maria Van Curen & Alida Van Curen infant heirs as days [daughters], of Elias Devoe late of Halfmoon deceased, to take care of the interest of said infants under the application of Hoffman Steenbergh one of the executors of said Elias for the authority to mortgage, base or __ so much of the residue os his real estate as said be moneys [?] to pay the balance of his assets. George Palmer, esq.”
December 2, 1833
Further notes regarding Elias Devoe’s estate: It seems that at this point Elias Devoe had enough debts that what was sold previously, did not fulfill the obligations to pay off all of his estate debts. More land was to be sold and very specific descriptions of the property dimensions are specified.
Note: As stated in the chapter The DeVoe Line, A Narrative — Six, this Probate document is where we learned of the death of our 4x Great-Grandfather, Martinus Devoe.
“…to the estate of the said deceased, by mortgage or lease, it is ordered by said Surrogate, and he doth hereby order, pursuant to the Revised Statutes, that the said Executor Sale the following real Estate of the said deceased, to enable him to pay the balance of the debts of the said deceased, vis, that certain piece, track or parcel of land situated in the town of Halfmoon and county of Saratoga and being part of a lot of land known and distinguished in the map of Halfmoon patent by the name of the mill rights which lately belonged to Martin Devoe, deceased, described and bounded as follows…”
February 20, 1834
Further notes regarding Elias Devoe’s estate: Confirmation for the land sale to Joseph Knights in the amount of $130.88 on “first Monday of December last” — (December 2, 1833). (4)
What Do We Know About Elias Devoe, Outside of His Death?
1630-1975, page 584. (For the year 1830).
There just aren’t a lot of records… but, there are tax records for his land holdings in the Halfmoon / Waterford community, so we believe that he was a farmer like many of his other relatives. Shown above is a representative sample of a land sale he did with his father Martin Devoe in 1830. In this case, Martin as the Grantor, was transferring ownership of a portion of his land to the Grantee, his son Elias DeVoe.
When he was a teenager, we know that Elias DeVoe served in the 2nd Regiment of Varian’s New York Militia in the War of 1812. His commander was Lieutenant Colonel Jonathan Varian of Westchester County. In the years after the war, there are no records of a pension being drawn for his service. (5)
To Sum Up, Who Were These Ancestors?
From our family stories, we knew that Canada was somehow involved in the story of Peter M. Devoe’s father, but the information was (to be polite) rather cloudy. The story about Canada found its resolution in the chapter: The DeVoe Line, A Narrative — Five. We had also heard that there were up to twelve children in this family, which made us conclude that inherited resources were apt to be thinly spread. That realization supported our idea as to why some of the descendants of these Devoe siblings eventually emigrated west to the northeast Ohio frontier.
When looking at the various censuses in the previous chapter, we were especially interested in the 1810 census — this seemed to represent the largest number of people who were living together. Since records no longer exist, we really had no idea of the actual names for some of the household occupants, but now we think we know. The Will of Elias DeVoe was the key document which helped us solve this riddle. In 1810, including Martinus, listed are 14 people total:
- 2 woman 26 to 45 years old: the mother Maria, and daughter Marytje
- 3 boys under 10 years old
- 1 boy 10 to 16 years old
- 2 men from 26 to 45 years old: Martinus – the Head of Household and one more
- 2 girls under 10 years old
- 4 girls 10 to 16 years old
for Halfmoon, Saratoga County, New York.
It took many hours of research, but we were able to correlate the next of kin from this Will, the Notice of Probate, one birth record, and several census records. Now we finally have the identities of all of the siblings of our 3x Great Grandfather Peter M. Devoe. Listed in the chart below are the immediate family — only the parents, Martinus and Maria (Steenbergh) Devoe, and their children.
Now that we have resolved the enigma of this era of our family’s records, let’s move on to the life of our 3x Great Grandfather Peter M. Devoe and his family. (6)
Following are the footnotes for the Primary Source Materials,
Notes, and Observations
Ballston Spa was the “Center” of Saratoga County
(1) — one record
Saratoga Today [newspaper article]
How Ballston Spa Became the County Seat, published April 1, 2021
https://saratogatodaynewspaper.com/history/item/13327-how-ballston-spa-became-the-county-seat
Our Dilemma With Peter M. Devoe — That “M” is Pretty Important!
(2) — one record
Records of the Reformed Dutch Church of Albany,
New York, 1683–1809
Excerpted from Year Books of the Holland Society of New York
http://aleph0.clarku.edu/~djoyce/gen/albany/part3.html
Note: Listed under “D” in the Preface to The Index at the bottom of the scrolled file.
The Enigmatic Last Will and Testament of Elias Devoe
(3) — four records
New York Probate Records
https://www.familysearch.org/en/wiki/New_York_Probate_Records
“Probate is the “court procedure by which a will is proved to be valid or invalid” and encompasses “all matters and proceedings pertaining to the administration of estates, guardianships, etc.” Genealogists often refer to ‘Probate Records’ as “All records which relate to the disposition of an estate,” whether the person died leaving a will (testate) or not (intestate).”
Reading The Will
painting by David Wilkie, 1820
https://commons.wikimedia.org/wiki/File:Wilkie,_David_-_Reading_the_Will_-_1820.jpg
Note: For the genre painting.
Elias Devoe
in the New York, U.S., Wills and Probate Records, 1659-1999
https://www.ancestry.com/discoveryui-content/view/6723613:8800?tid=&pid=&queryId=88d79b36-b6ab-407f-9e67-eda45e0e1fb4&_phsrc=dYM5&_phstart=successSource
October 8, 1832
The Last Will and Testament of Elias Devoe.
Book pages: 39-42, Digital Pages: 402-404 /538
This mourning picture from about 1830 sold for over $22,000
https://www.heraldnet.com/life/this-mourning-picture-from-about-1830-sold-for-over-22000/
Note: This is an example image from the period and not related to our specific family.
Further Notes Regarding Elias Devoe’s Estate
(4) — five records
Image of Currency from 1830
Philadelphia, Bank of the United States, December 2, 1830
https://www.currencyquest.com/item.php?item_id=2475
Mutual Art
Portrait of Two Children, circa 1830
American School, 19th Century
https://www.mutualart.com/Artwork/Portrait-of-Two-Children/A0CFE61DF82FAAD6
Note: For their portrait.
Elias Devoe
in the New York, U.S., Wills and Probate Records, 1659-1999
Saratoga > Minutes, 1832-1842
https://www.ancestry.com/discoveryui-content/view/8359086:8800?tid=&pid=&queryId=3f388875-8429-4056-b4e4-a90559098290&_phsrc=Teb3&_phstart=successSource
Book page: 17, Digital page: 16/538
Note 1: October 12, 1832, This notice regards the documentation that the Van Curen children are heirs to the Will of Elias Devoe.
Note 2: The date on this Ancestry file is not correct.
New York, U.S., Wills and Probate Records, 1659-1999 for Elias Devoe
Saratoga > Minutes, 1832-1842
https://www.ancestry.com/discoveryui-content/view/8359187:8800
October 21, 1833
Book page: 45 , Digital page: 30/538
Note: This notice describes guardianships for both the Devoe and Van Curen children who are mentioned in Elias Devoe’s Will.
New York, U.S., Wills and Probate Records, 1659-1999 for Elias Devoe
Saratoga > Minutes, 1832-1842
https://www.ancestry.com/discoveryui-content/view/8359187:8800
Book pages: 55-56 , Digital pages: 35-36/538
Note: December 2, 1833, This Probate document describes additional land sales to satisfy the debts of Elias Devoe’s estate. Most importantly it states, “the mill rights which lately belonged to Martin Devoe, deceased…”
What Do We Know About Elias Devoe, Outside of His Death?
(5) — six records
Pritzker Military Museum & Library
Soldier Dress & Uniform in the War of 1812
https://www.pritzkermilitary.org/soldier-dress-uniform-war-1812#:~:text=Soldiers%20wore%20a%20single%2Dbreasted,wools%20were%20used%20as%20well.
Note: For soldier uniform images.
Elias Devoe
in the U.S., War of 1812 Service Records, 1812-1815
https://www.ancestry.com/discoveryui-content/view/351001:4281?tid=&pid=&queryId=179239cb-6fcf-484d-8ac2-0f12cfd342cc&_phsrc=mAt30&_phstart=successSource
and here:
Elias Devoe
Military – United States, War of 1812 Index to Service Records, 1812-1815
https://www.familysearch.org/ark:/61903/1:1:Q29K-9VCL
Digital page: 1,429/2,229
New York State Militia Index, as of 4 July 1812
Gary M. Gibson, ed.
Derived primarily from the Military Minutes of the Council of Appointment
of the State of New York 1783-1821,
Volume II (Albany: James B. Lyon, 1901) pp.1400-1409
https://www.napoleon-series.org/military-info/Warof1812/2018/Issue28/NewYorkStateMilitiaIndex.pdf
Elias DeVoe
Index to Land – United States, New York Land Records, 1630-1975
https://www.familysearch.org/ark:/61903/1:1:DCPC-2Q2M
Book page: 584, Digital page: 142/627
Note: For 1830.
Grantor Vs. Grantee: What Do They Mean In Real Estate?
https://www.forbes.com/advisor/mortgages/real-estate/grantor-vs-grantee/#:~:text=What%20Is%20a%20Grantor%3F,their%20property%20to%20someone%20else.
To Sum Up, Who Were These Ancestors?
(6) — eight records
Elias Devoe
in the New York, U.S., Wills and Probate Records, 1659-1999
Saratoga > Wills, Vol 0007-0009, 1791-1836
https://www.ancestry.com/discoveryui-content/view/6723613:8800?tid=&pid=&queryId=88d79b36-b6ab-407f-9e67-eda45e0e1fb4&_phsrc=dYM5&_phstart=successSource
Book pages: 39-42, Digital Pages: 402-404/538
Note: October 8, 1832, The Last Will and Testament of Elias Devoe.
Town of Half Moon Cemeteries
West Cresent Cemetery, Town of Half Moon Saratoga Co NY
https://www.ancestry.com/imageviewer/collections/16573/images/dvm_LocHist004233-00071-1?ssrc=&backlabel=Return&pId=69
Book page: (SAHM 18) or 2, Digital page: 72/76
Note: For Elizabeth (DeVoe) Quackenbush marriage to Isaac Quackenbush
Town of Half Moon Cemeteries
West Crescent Cemetery, Town of Half Moon Saratoga Co NY
https://www.ancestry.com/imageviewer/collections/16573/images/dvm_LocHist004233-00071-1?ssrc=&backlabel=Return&pId=69
Book page: (SAHM 18) or 2, Digital page: 72/76
Note: For Gitty (DeVoe) Gray marriage to James Gray
and
Gitty Gray
in the U.S., Find a Grave Index, 1600s-Current
https://www.ancestry.com/search/collections/60525/records/25706499?tid=&pid=&queryId=a224a20b-c0af-4610-9121-3d82a76423d0&_phsrc=UnS7&_phstart=successSource
Headstone DeVoe Elida wife of Issac
https://www.ancestry.com/mediaui-viewer/collection/1030/tree/81477860/person/320109355934/media/84c3c62d-6fc3-4895-a264-272f2b4f5d47?queryId=ff05a863-5bc7-4690-ae93-4ad0f7355844&_phsrc=sRF2&_phstart=successSource
Note: For confirmation of her marriage to Isaac M. Devoe.
Town of Half Moon Cemeteries
Union Cemetery Crescent Town of Half Moon Saratoga Co NY
https://www.ancestry.com/imageviewer/collections/16573/images/dvm_LocHist004233-00066-1?ssrc=&backlabel=Return&pId=64
Book page: (SAHM 17) or 2, Digital page: 67/76
Note: We believe that the death dates for the wives are in error.
Martin Devoe
https://www.findagrave.com/memorial/95514353/martin-devoe?_gl=1*1y0v87m*_gcl_au*NjkzNDQwODk0LjE3MDMyMzUyNDU.*_ga*MzQ2NDI3NzguMTcwMzIzNTI0Nw..*_ga_4QT8FMEX30*MGI0MjUzNzYtMWEyZi00ZDdmLTlmNGItMWEzMTc1ODQxM2FhLjEwLjEuMTcwMzY5Njg3Ny41OS4wLjA.*_ga_LMK6K2LSJH*MGI0MjUzNzYtMWEyZi00ZDdmLTlmNGItMWEzMTc1ODQxM2FhLjEwLjEuMTcwMzY5Njg3Ny4wLjAuMA..
Note: This record is for Elizabeth (West) DeVoe, the wife of Martin DeVoe.
Peter Devoe
in the U.S., Dutch Reformed Church Records in Selected States, 1639-1989
New York > Bought > Bought, Book 6
https://www.ancestry.com/discoveryui-content/view/216615:6961
Book page: 13, Digital page: 59/105, Peter M. DeVoe, entry 1 / Cornelius DeVoe, entry 3.
Note: For the marriage dates both men.
Our Ancestors, Our Narratives 
