YatesCounty, New York
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File No. 1902-174B Written 25 Aug 1898 - Proved 12 May 1902. (spelling and punctuation as in original documents)
(signed) John T. Knox, Surrogate"
Robert BELL contributed by RichardKearns
SurrogateCourt of Yates Co., File No. 109A
(spellingand punctuation as found in original document) (editorial notes in parentheses) contributed by Lyn Wilson
The last Willand Testament of Abraham Garrison
“Thepetition of Hafsel A. Garrison (a son) respectively showeth
Thatone Abraham Garison then an inhabitant of the County of Yates, died inthe said County 11 day of August last past (1833)
Thatat the time of his death he was an inhabitant of the County of Yates
Thathe left no widow.
Hafsel A. Garison, John Garison,Abrahm Garison & Henry Garison and Livonia Martin wife of JacobMartin & Alida Pearce wife of Thomas Pearce, children himsurviving.
That he died very suddenly and leftno last Will and testament as far as Your petitioner has heard or been able todiscover
That in the opinion of Yourpetition(er) the whole of the personal property will not amount to more than twohundred dollars.
Your petitioner prays that Letters ofAdministration may be Granted to him as a son & Wiley K. Pearce afriend to the deceased.”
Signed Hafsel A. [his mark] Garison
Dated Penn Yan, 12 Nov 1833, YatesCounty Surrogate Court.
“Wethe subscribers being the next of kin of Abraham Garrison deceased dohearby renounce all our right and Claim to Letters of Administration on theEstate of the said deceased.” Dated October 3, 1833.
Witness: Juliana Pearce, ThomasPearce, Wm Eastman, Phebe Eastman, Henry Garison, Alida Pearce, Abram Garison,Levina Martin.
Abraham, a long-timeresident of the town of Gorham, Ontario Co. was apparently living with his son, Hassal,of town of Middlesex, Yates Co., NY, at the time of his death. Although there is no tombstone at this time, it isgenerally believed he is buried in Lord Cem., town of Gorham, Ontario Co., NY,next to his wife, Jane Francisco. He was a veteran of the Revolutionary War, serving in the 14thRegt., Albany Co. Militia, NY. Abrahamwas born 25 Dec 1760, Franklin, Bergen Co., NJ.
The Last Will and Testament of AdamSTRUBLE contributed by Susan Austin
Yates Surrogates Court
In the matter of Proving the Last Will and Testament of Adam Struble, deceased
Be it remembered That heretofore to-wit, on the 18th day of November in the yearOne thousand eight hundred and sixty seven Morgan Struble and WilliamPettingill, Executors named in the last will and testament of AdamStruble late of the town of Milo in said County of Yates, deceased, appearedin open Court, before the Surrogate of the County of Yates, and made applicationto have the said last will and testament, which relates to real and personalestate, proved: and on such application the surrogate did ascertain by
satisfactory evidence who were the widow, heirs and next of kin of saidtestator, and their respective residences and ages: and said Surrogate didthereupon issue a citation in due form of law, directed to the said widow, heirsand next of kin by their respective names, stating their respective places ofresidence, requesting them to appear before that said Surrogate at
his Office in the village of Penn Yan in said County of Yates, on the sixth dayof January then next to attend the probate of said will, -- And afterwards,to-wit, on the said sixth day of January, satisfactory evidence byaffidavit, was produced and presented to said surrogate of the service of saidcitation in the mode prescribed by law: and on that day, no one
appearing to oppose the probate of such will, such proceedings were thereuponhad afterwards the Surrogate took the proof of said will hereinafter set forthon the 6th day of January in the year One thousand eight hundred and sixtyeight: and he adjudged the said to be a valid will of real and personal estate,and the proof thereof to be sufficient: which said last will and testament, andproofs, are as follows, that is to say:
I, Adam Struble of the town of Milo in the County of Yates and the Stateof New York, aged 82 years and upwards, do hereby make, publish and declare thismy last will and testament in manner following that is to say, First, I give anddevise to my wife Mary, the use and enjoyment of my home farm containingabout 70 acres of land in the said town of Milo so long as she remains my widow.
Second , I give and bequeath to my said wife all such articles of personalproperty as she may choose and select out of all my personal property exempt bylaw from execution.
Third - The above devise and bequest to my wife shall be in lieu and instead ofall her other claims upon and rights to my estate real and personal as my widowor otherwise. Fourth, I direct and authorize my Executors hereinafternamed as soon after my decease as they reasonably can to sell, convey andconvert into money, my house and lot in Dundee also the ten acre lot in Milobought by me of Garret S. Ayres and the remainder of my personal estatenot chosen by my said wife, and pay off all my justdebts, my funeral expenses and the expenses of a suitable monument at my grave,and pay the balance to my children, and grandchild hereinafter named pro rataupon the legacies hereinafter given to them respectively
Fifth, I direct and authorize my said executors as soon after the marriage ordeath of my said wife as they reasonably can to sell, convey and convert thesaid home farm into money and apply the net avails thereof, to the payment ofthe unpaid balances of the said legacies to my said children andgrandchild. Sixth, I give to each of my said children, Moses Struble,Henry Struble, Levi Struble, Sydney Struble, Ira Struble, Morgan Struble,Louisa Matthews, Elizabeth Raplee & Eleanor Pettingill the sum of fourhundred dollars & to
my grandson Adam Struble the sum of one hundred dollars, to be paid tothem out of the avails of my said estate aforesaid - Seventh, I give andbequeath all the rest, residue and remainder of my estate to my said ninechildren to be paid over to them by said Executors and divided between themequally share and share alike. Eighth, If any of my said children shall contestthis my said will either before the Surrogate or at law then I revoke the legacygiven to said child and the same shall be by my said Executors paid over to theother of my children and divided between them equally - Lastly I nominateand appoint my son, Morgan Struble and my son-in-law, WilliamPettingill the executors hereof.
In testimony whereof I have hereunto set my hand and seal this 25th day ofFebruary 1867.
Adam X Struble
H. G. Wolcott Dundee Yates Co N.Y.
A. Maltby " " " " "
Yates Surrogate Court
In the Matter of Proving the Will of Adam Struble, dead. |
Yates County, ss:
Hiland G. Wolcott being duly sworn and examined before the Surrogate ofthe County of Yates doth depose and say, that he resides in the town of Starkeyin said County : that he knew Adam Struble, deceased in his life time: that the instrument now shown to this deponent and bearing the date the 25th dayof February 1867, purports to be the last will and testament of said deceased :that deponent saw the said deceased subscribe the same at the end thereof bymaking his mark: that at the time of such subscription the said deceaseddeclared the said instrument to be his last will and testament: that suchsubscription and declaration were made in the presence and hearing of deponentand that thereupon, at the request of said deceased, and in his presencedeponent subscribed his name as a witness there to; and that said deceased whenhe so executed the said instrument, was a citizen of the
United States, of full age and sound mind and memory and not under and restraint
Sworn and Subscribed before H. G. Wolcott
me this 6th day of Jany 1868
William S. Briggs - Surrogate
Yates County, ss:
Augustus Maltby being duly sworn and examined before the Surrogate of theCounty of Yates, doth depose and say, that he resides in the town of Starkey insaid County : that he knew Adam Struble, deceased in his life time; that the instrument now shown to this deponent and bearing the date the 25th dayof February 1867, purports to be the last will and testament of said deceased:that deponent saw the said deceased subscribe the same at the end thereof bymaking his mark : that at the time of such subscription the said deceaseddeclared the said instrument to be his last will and testament : that suchsubscription and declaration were made in the presence and hearing of deponent,and that thereupon at the request of said deceased and in his presence deponentsubscribed his name as a witness thereto, and that said deceased when he soexecuted the said instrument, was a citizen of the
United States, of full age and sound mind and memory and not under any restraint
Sworn and Subscribed
before me this 6th day of
January 1868 |
William S. Briggs - Surrogate
State of New York
Yates County ss | It is hereby certified that at a Surrogates Court dulyheld in and for said County of Yates on the 6th day of January 1868 : the lastwill and testament of Adam Struble late of the town of Milo in saidCounty deceased (being the annexed written instrument-) was duly proved beforethe Surrogate of said County according to law, and by him duly admitted toprobate at such last will and testament, as w will of real and personal estate :that said last will and the proofs and examinations taken in respect to thesame, have been duly recorded in the said Surrogates Office
In Testimony Whereof, the said Surrogate has hereunto subscribed his name andaffixed his seal of office the day and year aforesaid.
L.S. William S.Briggs Surrogate
State of New York |
Yates County ss | It appears upon the proffs(sic) duly taken in respect to the last will andtestament of Adam Struble late of the town of Milo in said County,deceased that the said Adam Struble died at the said town of Milo on orabout the 22d day of October in the year 1867: that the said will was dulyexecuted: and that the said Adam Struble at the time he published andexecuted the same was in all respects competent to devise real estate and tobequeath personal property, and not under restraint: the said proofs andexaminations and the said last will and testament, with the certificate ofprobate hereon, are hereby recorded in my Office, and are signed and certifiedby me, pursuant to statute this sixth day of January
W S Briggs
SNOOK,Mary, will of
SurrogateCourt of Yates Co., NY – File No. 50E Written:24 Jan 1848 – Proved: 20 May 1850
(spellingsand punctuation as found in original documents) (editorial notes inparentheses) contributedby Lyn Wilson
The Last Will andTestament of Mary Snook of thetown of Jerusalem County of Yates State of New York.
I MarySnook considering the uncertainty of this mortal life and being of soundmind and memory do make and publish this my last will and Testament in mannerand form following, that is to say
FirstTo my Step son, Mathew Snook, I give and bequeath the sum of Fifty Dollars and to mystep son Stephen Snook, I also giveand bequeath the sum of Fifty Dollars and to my step son JohnSnook I also give and bequeath the sum of Fifty dollars and also to my stepdaughter Sarah (Snook) Hickson the sum of Fifty Dollars and to my step son JamesSnook One hundred dollars also to my step son JosephSnook the sum of One hundred Dollars
And the balance of my effects to bedivided in four equal parts and distributed in the following manner The one fourth so divided given to the heirs of my brother JohnPurdy in the manner following
The sum of twenty two dollars to begiven to Isaac S. Purdy and ElisabethWykoff each they being the sonand daughter of John Purdy abovementioned
The balance of the said one fourth tobe equally divided among the heirs of said JohnPurdy and the said Isaac S. Purdyand Elisabeth Wykoff is to receive their share with the other heirs
To sister DeborahSerrine or her heirs another fourth of the property so divided
And to my sister Sarah Washburn or her heirs another one fourth of the property sodivided
And to the heirs of my brother FrancisPurdy the remaining one fourth of the property as divided above
And I do hereby appoint JoshuaWashburn of (town of) Gorham, Ontario County and IsaacS. Purdy of (town of) Jerusalem, Yates County Executors to this my last willand Testament.
In witness whereof I have hereuntoset my hand and seal the Twenty fourth day of January in the year of our Lord one thousand eighthundred and forty eight.
Signed: Mary (her X mark) Snook
In presence of: Thos. H. Locke,Thomas O. Purdy, Joseph Purdy.
The Petition of Isaac S. Purdy of (town of) Jerusalem in the County ofYates, respectfully showeth That your Petitioner ..?.. execut., named in thelast will and testament of MARY SNOOKlate of (town of) Jerusalem in the County of Yates, deceased. That the said deceased was at or immediately previous to her death aninhabitant of the County of Yates, and departedthis life in the town of Jerusalem on the 4thday of August last and that said last will and testament relates to personalestate.
Your Petitioner further shows thatthe heirs-at-law and next of kin of the said deceased are: John Purdy and Sarah Merricknear Cold Springs, Putnam Co. (NY), SusanPurdy wife of Reuben E. Knapp, ofStanford, Dutchess Co. (NY), EbenezerJ. Purdy and Hannah wife of FrancisWeeks/ Wright Weeks of Lyons (Wayne Co.), NY, AbijahPurdy of (town of) Jerusalem, (Yates Co.), NY,Elizabeth wife of Samuel Wykoff of Hopewell (Ontario Co.), NY, Myntawife of Austin Thatcher of (town of) Hopewell, (Ontario Co.), NY, Lucindawife of William Wright of (town of) Middlesex, (Yates Co.), NY, JoshuaWashburn, Richard Washburn, BenjaminWashburn and Isaac Washburn ofCanandaigua (Ontario Co.), NY, LesterWhitaker of Ontario Co., NY, JohnWashburn of (town of) Gorham (Ontario Co.), NY, James Washburn of Hanover (Jackson Co.), MI, Hannah (Washburn) wife of Abram Wager near Battle Creek (CalhounCo.), MI, Abby (Abigail Purdy) wife ofLemuel Wager of the same place, JohnJacox of Putnam Co., NY, AbrahamPurdy, Martha wife of William Hickman,all of Philipstown, Putnam Co., NY, Dederick Purdy, FrancisPurdy, Jr., Mary Purdy and Abijah Purdy of Philips, Putnam Co., NY, Susannah Purdy, David Jacox,Francis Jacox of Putnam Valley, Sabina wife of William Meeks, Sarahwife of John Barger of the same place and JohnL. Lewis, Jr. Special guardian of SilasWood, M. Wood, JamesWood, Martha A. Wood and Joel Wood,minor children of Sarah Wood.
Send Greeting: You and each of youare hereby cited and required personally to be and appear before our Surrogateof the County of Yates at his Office in the Village of Penn Yan, on the 20th day of May next at 10 o’clock in the forenoonof that day, then and there to attend the probate of certain instrument inwriting, purporting to be the last will and testament of MARY SNOOK deceased, and bearing date of 24th day ofJanuary, eighteen hundred and fifty-eight on application of IsaacS. Purdy claiming to be one of theExecutors thereon; which said will relates to personal estate. Dated: 18 Mar 1850.
Also mentioned in Inventory ofEstate: LymanWashburn, Amos Hixson,
(Mary Snook is buried in the WashburnCemetery, town of Gorham, Ontario Co., NY, near her sister, Sarah PurdyWashburn.)
VanZandt, Nicholas – Last Will and Testament
SurrogateCourt of Yates Co., NY, File No. 52A
(spellingsand punctuation as found in original documents) (editorial notes inparentheses) contributed by Lyn Wilson
The last Will and Testamentof Nicholas Van Zandt
In the name of God, Amen.
I Nicholas Vanzandt of thetown of Potter county of Yates & state of New York of the age of eighty-fiveyears and over and being of sound mind and memory do make publish & declarethis my last will and testament in manner following viz
First I commit my soul to God who gave it and my body to the earth, to beintered in a Christian manner the place to be designated by a head and footstone such as are at my wifes grave.
Secondly I give & bequeath to my son Samuel M. Vanzandt my harness,buggy, whip and all my books.
Thirdly I give and bequeath to CharityVanzandt the wife of Samuel M. Vanzandt my brass kettle and carpetnow nailed down on the chamber floor over the parlor.
Fourthly I give and bequeath to my grandson Charles Woodruff my mare,cutter, buffalo robe, bridle, halter, two girts & two horse blankets, to bedelivered to him as soon as practical after my decease; also the bed and beddingand bedstead which he now uses and the sum of two hundred dollars cash whencollected by my executor.
Fifthly I give and bequeath to my granddaughter Garriette Neff my eightday clock if it is not delivered before my death.
Sixthly I give and bequeath to my grandson Isaac Milton Vanzandt the sonof Samuel M. Vanzandt my silver watch but in the care of his father untilproper time for him to take care of it.
Seventhly I give & bequeath to my three sons, Garrett, Isaac and Samuel M.Vanzandt all my wearing apparel to be divided equally between them and thebalance of my personally property I wish to have sold by my executor at publicsale if thought best to sell at such sale by a majority of my heirs residing inthe town of Potter, and after paying all my just debts I give & bequeathwhat shall remain to my seven children now living to be divided equally betweenthen, viz: Garrett Vanzandt, Mariah Schenck the wife of JohnJ. Schenck, Margaret Barber the wife of Jeremiah Barber, Jane Slitor the wife of Truman G. Slitor, Garriette Slitor the wife of Thompson M. Slitor, Isaac Vanzandt and Samuel M.Vanzandt.
I hereby appoint Ambrose S. ThomasSole Executor of this my last will and testament hereby revoking all formerwills by me made.
In witness whereof I have hereuntoset my hand and seal this eighteenth day of March one thousand eight hundred andfifty eight.
Proved:10 Aug 1858.
Other heirs-at-law named in estatepapers:
Lucretia Vanzandt (dec.dau.), Charles Woodruff, Garrett Wheeling (Wheeland), Jeremiah Wheeling (Wheeland),Ira Barber, Culver S. Barber, Jonathan Barber, Edmund Perry, Richard Perry, IdaSnyder, Eleanor Price, Eura Price, Mahala Young, Nicholas Clark, Caleb Clark,William Clark, Laura Ann (Clark) Simmons, Margaret Coles, Lydia Sackett, AnnAiken (all grandchildren).
WAGER,Elias, Estate of
SurrogateCourt of Yates Co., NY, File No. 1858-122C
(spellingsand punctuation as in original documents) contributed by Lyn Wilson
The last Will and Testamentof Elisabeth Wager
The Petition of ElisabethWager of (town of) Middlesex in the said County respectfully showest that Elias Wager then an inhabitant of the County of Yates died in thetown of Middlesex in the County of Yates on or about the 12th day of January 1855 that he left your petitioner hiswidow, and Jacob E. Wager, JohnE. Wager, Catharine, Hannah, Deborahand Sarah his only children him surviving.
That since the death of said EliasWager the said Jacob E. Wager hasdeparted this life; that he died from sickness and left no WILL so far as yourPetitioner has been able to discover, or has heard; he left no personal propertywhatever
Your Petitioner therefore prays thatLetters of Administration may be granted according to law to JohnE. Wager a son of said Elias who is of full age your petitionerhereby renouncing all right to such letters
And your petitioner further showsthat this application is made for the sole purpose of enabling your petitionerto avail herself of the pension laws of the state of New York.
Dated January 1858. Sworn to 27 Feb 1858.
16 Apr 1858: …of the town of Middlesex, County of Yates, state of NY, John E. Wagar and WesleyWagar as principal and AbnerWoodworth as Sureties, posted an administrators bond of fifty one dollars.(Note: Elias and his wife are buried Middlesex Center Ceme., town of Middlesex,Yates Co., NY)
WAGER,Wesley, Estate of
SurrogateCourt of Yates Co. – File No. 1892-81D Written26 Jan 1889 - Proved 9 May 1892
(spellingsand punctuation as in original document) [editorial notes inbrackets] contributed by Lyn Wilson
TheLast Will and Testamentof Wesley Wager
ln the Name of God. Amen.
I, WesleyWager of (town of) Middlesex, County of Yates and State of New York, beingof sound mind and memory, and considering the uncertainty of this frail andtransitory life, do therefore make, ordain and publish and declare this to be mylast Will And Testament, that is to say,
First – After all my lawful debtsare paid and discharged, I give and bequeath to my wife CandaceC. Wager My home farm that I now own and upon which I now reside, Situate inthe town of Middlesex County of Yates of New York containing about ninety fiveacres of land to dispose of as She Shall Choose.
I also give My said Wife all Mypersonal property of all kinds that I shall have at the time of My decease, She to pay two thirds of all my indebtedness at the time ofMy Decease.
Second – I give and bequeath to MySon Elmer H. Wager a piece of landthat I own in the town of Middlesex Yates County State of new York about oneMile South East of My home farm Containing about fifty nine and one half acresof land and known as the Fires lot,he to pay one third of all my indebtedness at the time of My decease.
Likewise, I make, constitute andappoint My Son in law Lyman H. Greento be Sole executor of this my last Will and Testament, hereby revoking allformer Wills by me made.
In Witness Whereof, I have hereuntosubscribed my name and affixed my seal, the twenty Sixth day of January, in theyear of our Lord one thousand eight hundred and eighty nine.
Signed: Wesley Wagar. Witnesses: N.H. Green Rushville Ont. Co. NY, L.H. Green Middlesex Yates CoNY.
The Petition of LymanH. Green of the town of ___ in the County of Yates, respectfully showeth:
That Wesley Wager, late of thetown of Middlesex in said County of Yates, departed this life in the said townof Middlesex, on or about the Twenty Fourth day of February in the year of ourLord, one thousand eight hundred and Ninety Two….
Heirs at law:
AgnesE. Bordwell of Potter, Yates County NY a Daughter age (25 years) of saiddeceased.
ElmerH. Wager of Middlesex Yates County NY a Son Age (17) years of said deceased.
CandiceC. Wagar of Middlesex, Yates County New York a Wife Age (56) years of said deceased.
JuliaM. Green of Rushville Yates Co. NY a DaughterAge (36) years of said deceased.
[Wesley is buried inMiddlesex Center Cem., town of Middlesex, Yates Co., NY.]
The Last Will andTestament of Jemima WILKINSON dated Feb 25, 1818
Hist. of Yates by L.C. Aldrich pg 90-91 contributed by DianneThomas
TheLast Will and Testament of the person called the Universal Friend, of Jerusalem,in the county of Ontario and State of New York, who in the years one thousandseven hundred and seventy-six, was called Jemima WILKINSON, and ever since thattime the Universal Friend, a new name which the mouth of the Lord hath named. Considering the uncertainty of this mortal life and being of sound mindand memory blessed to the Lord of Saboath and father of mercies therefore, I domake and publish this my Last Will and Testament.
1st. My will is that all my just debts be paid by my executors hereinafternamed.
2nd. I give, bequeath and devise unto Rachel MALIN and Margaret MALIN, now ofsaid Jerusalem, all my earthly property, both real and personal, that is to sayall my land lying in said Jerusalem in Benton or elsewhere in the county ofOntario, together will all the buildings thereon, to them the said Rachel andMargaret, and to their heirs and assigns forever, to be equally and amicablyshared between them, the said Rachel and Margaret; and I do also give and bequeath to said Rachel MALIN and Margaret MALIN all mywearing apparel, all my household furniture, all my horses, cattle, sheep, andswine of ever kind and description, and also my carriages, wagons, and carts ofevery kind, together with all my farming tools and utensils and all my movableproperty of every nature and description whatever.
3rd. My will is that all the present members of my family, and each of them beemployed as they please, and if employed, supported during natural life by thesaid Rachel and Margaret, and whenever any of them become unable to helpthemselves they are, according to such inability, kindly to be taken care of bythe said Rachel and Margaret; and my will also is that all poor personsbelonging to the Society of Universal Friends shall receive from the said Racheland Margaret such assistance, comfort, and support during natural life as theymay need; and in case any, either of my family or elsewhere in the Society,shall turn away, such shall forfeit the provisions herein made for them.
4th. I hereby ordain and appoint Rachel MALIN and Margaret MALIN executors ofmy Last Will and Testament. Inwitness whereof I, the person once called Jemima WILKINSON, but in and eversince the year 1777, known and called the Public Universal Friend, hereunto setmy name and seal the 25th day of the 2nd mo. 1818.
THEPUBLIC UNIVERSAL FRIEND (L.S.)
Beit remembered that in order to remove all doubts of the execution of theforegoing Last Will and Testament, being the person who in the year 1777 wasknown and called by the name of Jemima WILKINSON, but since that time as theUniversal Friend, do make, publish, and declare the within instrument as my LastWill and Testament, as witness my hand and seal the 7th day of the 7thmo. 1818.
JEMIMA(her mark) WILKINSON
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