Yates County, New York
WILLS and TESTAMENTS
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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 Richard Kearns
Surrogate Court of Yates Co., File No. 109A
(spelling and punctuation as found in original document) (editorial notes in parentheses) contributed by Lyn Wilson
The last Will and Testament of Abraham Garrison
“Thepetition of Hafsel A. Garrison (a son) respectively showeth
That one Abraham Garison then an inhabitant of the County of Yates, died in the said County 11 day of August last past (1833)
That at the time of his death he was an inhabitant of the County of Yates
That he left no widow.
Hafsel A. Garison, John Garison,A brahm Garison & Henry Garison and Livonia Martin wife of Jacob Martin & Alida Pearce wife of Thomas Pearce, children him surviving.
That he died very suddenly and leftno last Will and testament as far as Your petitioner has heard or been able to discover
That in the opinion of Your petition(er) the whole of the personal property will not amount to more than two hundred dollars.
Your petitioner prays that Letters of Administration may be Granted to him as a son & Wiley K. Pearce a friend to the deceased.”
Signed Hafsel A. [his mark] Garison
Dated Penn Yan, 12 Nov 1833, Yates County Surrogate Court.
“Wethe subscribers being the next of kin of Abraham Garrison deceased do hearby renounce all our right and Claim to Letters of Administration on the Estate of the said deceased.” Dated October 3, 1833.
Witness: Juliana Pearce, Thomas Pearce, Wm Eastman, Phebe Eastman, Henry Garison, Alida Pearce, Abram Garison, Levina Martin.
Abraham, a long-time resident 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 is generally believed he is buried in Lord Ceme, 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. Abraham was born 25 Dec 1760, Franklin, Bergen Co., NJ.
The Last Will and Testament of Adam STRUBLE 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 year One thousand eight hundred and sixty seven Morgan Struble and William Pettingill, Executors named in the last will and testament of Adam Struble late of the town of Milo in said County of Yates, deceased, appeared in open Court, before the Surrogate of the County of Yates, and made application to have the said last will and testament, which relates to real and personal estate, proved: and on such application the surrogate did ascertain by
satisfactory evidence who were the widow, heirs and next of kin of said testator, and their respective residences and ages: and said Surrogate did thereupon issue a citation in due form of law, directed to the said widow, heirs and next of kin by their respective names, stating their respective places of residence, 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 day of January then next to attend the probate of said will, -- And afterwards, to-wit, on the said sixth day of January, satisfactory evidence by affidavit, was produced and presented to said surrogate of the service of said citation in the mode prescribed by law: and on that day, no one
appearing to oppose the probate of such will, such proceedings were there upon had afterwards the Surrogate took the proof of said will hereinafter set forth on the 6th day of January in the year One thousand eight hundred and sixty eight: 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, and proofs, are as follows, that is to say:
I, Adam Struble of the town of Milo in the County of Yates and the State of New York, aged 82 years and upwards, do hereby make, publish and declare this my last will and testament in manner following that is to say, First, I give and devise to my wife Mary, the use and enjoyment of my home farm containing about 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 personal property 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 of all her other claims upon and rights to my estate real and personal as my widow or otherwise. Fourth, I direct and authorize my Executors hereinafter named as soon after my decease as they reasonably can to sell, convey and convert into money, my house and lot in Dundee also the ten acre lot in Milo bought by me of Garret S. Ayres and the remainder of my personal estate not chosen by my said wife, and pay off all my just debts, 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 rata upon the legacies hereinafter given to them respectively
Fifth, I direct and authorize my said executors as soon after the marriage or death of my said wife as they reasonably can to sell, convey and convert the said home farm into money and apply the net avails thereof, to the payment of the unpaid balances of the said legacies to my said children and grandchild. 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 four hundred dollars & to
my grandson Adam Struble the sum of one hundred dollars, to be paid to them out of the avails of my said estate aforesaid - Seventh, I give and bequeath all the rest, residue and remainder of my estate to my said nine children to be paid over to them by said Executors and divided between them equally share and share alike. Eighth, If any of my said children shall contest this my said will either before the Surrogate or at law then I revoke the legacy given to said child and the same shall be by my said Executors paid over to the other of my children and divided between them equally. Lastly I nominate and appoint my son, Morgan Struble and my son-in-law, William Pettingill the executors hereof.
In testimony whereof I have hereunto set my hand and seal this 25th day of February 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 of the County of Yates doth depose and say, that he resides in the town of Starkey in 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 day of 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 by making his mark: that at the time of such subscription the said deceased declared the said instrument to be his last will and testament: that such subscription and declaration were made in the presence and hearing of deponent and that thereupon, at the request of said deceased, and in his presence deponent subscribed his name as a witness there to; and that said deceased when he 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 the County of Yates, doth depose and say, that he resides in the town of Starkey in 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 day of 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 by making his mark : that at the time of such subscription the said deceased declared the said instrument to be his last will and testament : that such subscription and declaration were made in the presence and hearing of deponent, and that thereupon at the request of said deceased and in his presence deponent subscribed his name as a witness thereto, and that said deceased when he so executed 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
duly held in and for said County of Yates on the 6th day of January 1868 : the
last will and testament of Adam Struble late of the town of Milo in said
County deceased (being the annexed written instrument-) was duly proved before
the Surrogate of said County according to law, and by him duly admitted to
probate 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
the same, have been duly recorded in the said Surrogates Office.
In Testimony Whereof, the said Surrogate has hereunto subscribed his name and affixed 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 and testament 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 or about the 22d day of October in the year 1867: that the said will was duly executed: and that the said Adam Struble at the time he published and executed the same was in all respects competent to devise real estate and to bequeath personal property, and not under restraint: the said proofs and examinations and the said last will and testament, with the certificate of probate hereon, are hereby recorded in my Office, and are signed and certified by me, pursuant to statute this sixth day of January
W S Briggs
SNOOK, Mary, will of
Surrogate Court of Yates Co., NY – File No. 50E Written:24 Jan 1848 – Proved: 20 May 1850
(spellings and punctuation as found in original documents) (editorial notes in parentheses) contributed by Lyn Wilson
The Last Will and Testament of Mary Snook of the town of Jerusalem County of Yates State of New York.
I Mary Snook considering the uncertainty of this mortal life and being of sound mind and memory do make and publish this my last will and Testament in manner and form following, that is to say
First, To my Step son, Mathew Snook, I give and bequeath the sum of Fifty Dollars and to my step son Stephen Snook, I also give and bequeath the sum of Fifty Dollars and to my step son John Snook 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 James Snook One hundred dollars also to my step son Joseph Snook 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 John Purdy in the manner following.
The sum of twenty two dollars to be given to Isaac S. Purdy and Elisabeth Wykoff each they being the son and daughter of John Purdy above mentioned.
The balance of the said one fourth to be equally divided among the heirs of said John Purdy and the said Isaac S. Purdy and Elisabeth Wykoff is to receive their share with the other heirs
To sister Deborah Serrine 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 so divided
And to the heirs of my brother Francis Purdy the remaining one fourth of the property as divided above
And I do hereby appoint Joshua Washburn of (town of) Gorham, Ontario County and Isaac S. Purdy of (town of) Jerusalem, Yates County Executors to this my last will and Testament.
In witness whereof I have here unto set my hand and seal the Twenty fourth day of January in the year of our Lord one thousand eight hundred 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 the last will and testament of MARY SNOOK late of (town of) Jerusalem in the County of Yates, deceased. That the said deceased was at or immediately previous to her death an inhabitant of the County of Yates, and departed this life in the town of Jerusalem on the 4thday of August last and that said last will and testament relates to personal estate.
Your Petitioner further shows that the heirs-at-law and next of kin of the said deceased are: John Purdy and Sarah Merrick near Cold Springs, Putnam Co. (NY), Susan Purdy wife of Reuben E. Knapp, of Stanford, Duchess Co. (NY), Ebenezer J. Purdy and Hannah wife of Francis Weeks, Wright Weeks of Lyons (Wayne Co.), NY, Abijah Purdy of (town of) Jerusalem, (Yates Co.), NY, Elizabeth, wife of Samuel Wykoff of Hopewell (Ontario Co.), NY, Mynta, wife of Austin Thatcher of (town of) Hopewell, (Ontario Co.), NY, Lucinda, wife of William Wright of (town of) Middlesex, (Yates Co.), NY, Joshua Washburn, Richard Washburn, Benjamin Washburn and Isaac Washburn of Canandaigua (Ontario Co.), NY, Lester Whitaker of Ontario Co., NY, John Washburn of (town of) Gorham (Ontario Co.), NY, James Washburn of Hanover (Jackson Co.), MI, Hannah (Washburn) wife of Abram Wager near Battle Creek (Calhoun Co.), MI, Abby (Abigail Purdy) wife of Lemuel Wager of the same place, John Jacox of Putnam Co., NY, Abraham Purdy, Martha wife of William Hickman, all of Philipstown, Putnam Co., NY, Dederick Purdy, Francis Purdy, 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, Sarah, wife of John Barger of the same place and John L. Lewis, Jr. Special guardian of Silas Wood, M. Wood, James Wood, 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 Surrogate of 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 forenoon of that day, then and there to attend the probate of certain instrument in writing, purporting to be the last will and testament of MARY SNOOK deceased, and bearing date of 24th day of January, eighteen hundred and fifty-eight on application of Isaac S. Purdy claiming to be one of the Executors thereon; which said will relates to personal estate. Dated: 18 Mar 1850.
Also mentioned in Inventory of Estate: LymanWashburn, Amos Hixson,
(Mary Snook is buried in the Washburn Cemetery, town of Gorham, Ontario Co., NY, near her sister, Sarah Purdy Washburn.)
VanZandt, Nicholas – Last Will and Testament
Surrogate Court of Yates Co., NY, File No. 52A
(spellings and punctuation as found in original documents) (editorial notes in parentheses) contributed by Lyn Wilson
The last Will and Testament of Nicholas Van Zandt
In the name of God, Amen.
I Nicholas Van,Zzandt of the town of Potter county of Yates & state of New York of the age of eighty-five years and over and being of sound mind and memory do make publish & declare this 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 be interred in a Christian manner the place to be designated by a head and footstone such as are at my wife's 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 Charity VanZandt the wife of Samuel M. VanZandt my brass kettle and carpet now 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 be delivered to him as soon as practical after my decease; also the bed and bedding and bedstead which he now uses and the sum of two hundred dollars cash when collected by my executor.
Fifthly, I give and bequeath to my granddaughter Garriette Neff my eight day clock if it is not delivered before my death.
Sixthly, I give and bequeath to my grandson Isaac Milton Vanzandt the son of Samuel M. Vanzandt my silver watch but in the care of his father until proper 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 the balance of my personally property I wish to have sold by my executor at public sale if thought best to sell at such sale by a majority of my heirs residing in the town of Potter, and after paying all my just debts I give & bequeath what shall remain to my seven children now living to be divided equally between them, viz: Garrett Vanzandt, Mariah Schenck the wife of John J. 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. Thomas Sole Executor of this my last will and testament hereby revoking all former wills by me made.
In witness whereof I have here unto set my hand and seal this eighteenth day of March one thousand eight hundred and fifty eight.
Signed: Nicholas Vanzandt.
Proved: 10 Aug 1858.
Other heirs-at-law named in estate papers:
Lucretia Vanzandt (dec.dau.), Charles Woodruff, Garrett Wheeling (Wheeland), Jeremiah Wheeling (Wheeland), Ira Barber, Culver S. Barber, Jonathan Barber, Edmund Perry, Richard Perry, Ida Snyder, Eleanor Price, Eura Price, Mahala Young, Nicholas Clark, Caleb Clark, William Clark, Laura Ann (Clark) Simmons, Margaret Coles, Lydia Sackett, Ann Aiken (all grandchildren).
WAGER, Elias, Estate of
Surrogate Court of Yates Co., NY, File No. 1858-122C
(spellings and punctuation as in original documents) contributed by Lyn Wilson
The last Will and Testament of Elisabeth Wager
The Petition of Elisabeth Wager of (town of) Middlesex in the said County respectfully showest that Elias Wager then an inhabitant of the County of Yates died in the town of Middlesex in the County of Yates on or about the 12th day of January 1855 that he left your petitioner his widow, and Jacob E. Wager, John E. Wager, Catharine, Hannah, Deborah and Sarah his only children him surviving.
That since the death of said Elias Wager the said Jacob E. Wager has departed this life; that he died from sickness and left no WILL so far as your Petitioner has been able to discover, or has heard; he left no personal property whatever
Your Petitioner therefore prays that Letters of Administration may be granted according to law to John E. Wager a son of said Elias who is of full age your petitioner hereby renouncing all right to such letters
And your petitioner further shows that 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 Wesley Wagar as principal and Abner Woodworth 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)
Estate of WAGER, Wesley
Surrogate Court of Yates Co. – File No. 1892-81D Written26 Jan 1889 - Proved 9 May 1892
(spellings and punctuation as in original document) [editorial notes in brackets] contributed by Lyn Wilson
The Last Will and Testament of Wesley Wager In the Name of God. Amen.
I, Wesley Wager of (town of) Middlesex, County of Yates and State of New York, being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make, ordain and publish and declare this to be my last Will And Testament, that is to say,
First - After all my lawful debts are paid and discharged, I give and bequeath to my wife Candace C. Wager My home farm that I now own and upon which I now reside, Situate in the town of Middlesex County of Yates of New York containing about ninety five acres of land to dispose of as She Shall Choose.
I also give My said Wife all My personal 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 of My Decease.
Second – I give and bequeath to My Son, Elmer H. Wager a piece of land that I own in the town of Middlesex Yates County State of new York about one Mile South East of My home farm Containing about fifty nine and one half acres of 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 and appoint My Son in law Lyman H. Green to be Sole executor of this my last Will and Testament, hereby revoking all former Wills by me made.
In Witness Whereof, I have hereunto subscribed my name and affixed my seal, the twenty Sixth day of January, in the year 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 Co, NY.
The Petition of Lyman H. Green of the town of ___ in the County of Yates, respectfully showeth:
That Wesley Wager, late of the town of Middlesex in said County of Yates, departed this life in the said town of Middlesex, on or about the Twenty Fourth day of February in the year of our Lord, one thousand eight hundred and Ninety Two….
Heirs at law:
Agnes E. Bordwell of Potter, Yates County NY ,a Daughter age (25 years) of said deceased.
Elmer H. Wager of Middlesex Yates County NY, a Son Age (17) years of said deceased.
Candice C. Wagar of Middlesex, Yates County New York, a Wife Age (56) years of said deceased.
Julia M. Green of Rushville Yates Co. NY, a Daughter Age (36) years of said deceased.
[Wesley is buried in Middlesex Center Ceme., town of Middlesex, Yates Co., NY.]
The Last Will and Testament of Jemima WILKINSON dated Feb 25, 1818
Hist. of Yates by L.C. Aldrich pg 90-91 contributed by DianneThomas
The Last 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 thousand seven hundred and seventy-six, was called Jemima WILKINSON, and ever since that time 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 mind and memory blessed to the Lord of Saboath and father of mercies therefore, I do make and publish this my Last Will and Testament.
1st. My will is that all my just debts be paid by my executors hereinafter named.
2nd. I give, bequeath and devise unto Rachel MALIN and Margaret MALIN, now of said Jerusalem, all my earthly property, both real and personal, that is to say all my land lying in said Jerusalem in Benton or elsewhere in the county of Ontario, together will all the buildings thereon, to them the said Rachel and Margaret, and to their heirs and assigns forever, to be equally and amicably shared between them, the said Rachel and Margaret; and I do also give and bequeath to said Rachel MALIN and Margaret MALIN all my wearing apparel, all my household furniture, all my horses, cattle, sheep, and swine of ever kind and description, and also my carriages, wagons, and carts ofe very kind, together with all my farming tools and utensils and all my movable property of every nature and description whatever.
3rd. My will is that all the present members of my family, and each of them be employed as they please, and if employed, supported during natural life by the said Rachel and Margaret, and whenever any of them become unable to help themselves they are, according to such inability, kindly to be taken care of by the said Rachel and Margaret; and my will also is that all poor persons belonging to the Society of Universal Friends shall receive from the said Rachel and Margaret such assistance, comfort, and support during natural life as they may 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 of my Last Will and Testament. In witness whereof I, the person once called Jemima WILKINSON, but in and ever since the year 1777, known and called the Public Universal Friend, hereunto set my name and seal the 25th day of the 2nd mo. 1818.
THE PUBLIC UNIVERSAL FRIEND (L.S.)
Be it remembered that in order to remove all doubts of the execution of the foregoing Last Will and Testament, being the person who in the year 1777 was known and called by the name of Jemima WILKINSON, but since that time as the Universal Friend, do make, publish, and declare the within instrument as my Last Will and Testament, as witness my hand and seal the 7th day of the 7thmo. 1818.
(her mark) WILKINSON
Thomas R. Gold
James Brown Jr.
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