Yates County, New York Wills, Volume A, 1823-1829

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Yates County, New York transcription of wills, Volume A, 1823-1829 as found in the Yates County, New York Surrogate Court.

Yates County, New York Wills, 1823-1829

VANDEVENDER, Jacob, of Town of Benton. Children: William and Elizabeth to have 1/3 less than the rest and all property to be divided equally among the rest. Son John has purchased land on which he now lives. Son Peter to be Executor. Will made July 30, 1823. Signed: Jacob Vandevender. Witnessed by Dyer Ford, H. Emmons, and Joseph White. On Aug. 9th, 1823, Dyer Ford, Harman Emmons, and Joseph White testified before Abraham O. Vosburgh, Esq., Surrogate they had witnessed Jacob Vandevender, deceased sign and seal the will which he claimed to be his last will and testament.

HARRIS, John, of the town of Benton, Yates Co. Appoints Cyrus Buel and Alfred Gully of the same place to be Executors. Lawful and just debts to be paid. Beloved and dear wife Mary Harris all my estate real and personal, whatsoever and wheresoever, during her natural life and at her death to my son Haman Harris, his heirs and assigns forever. Will made Nov. 16, 1823 - signed John Harris. Witnesses: J. L. Cleveland, Adelphus Gully, and Ziba Smith. Nov. 27, 1823, Gully and Cleveland, above witnesses appeared before Surrogate Vosburgh and deposed that they had seen the late John Harris sign what he declared to be his last will and testament.

RAPLEE, Joshua, of the town of Milo, County of Ontario. (When will was made - Yates County when probated). To my wife, Kesia Raplee, the farm which I live and which I purchased of Thomas Hathaway. Gilbert Hathaway and Joshua Ferris consisting of 200 acres and also 50 acres purchased of William Moss. All appurtenances, bonds and accounts as long as she remains my widow, after which if my youngest son being 14 years, 1/5 to son Ira, 1/5 to son Joshua, 1/5 to son Hiram, 1/5 to son Miles and remaining 1/5 to my son Minor. Furthermore to my son Ezra a farm of 150 acres bought of Abner Ellis and lying in Milo. He may have his deed immediately. Wife Kesia and son Daniel Executors. Will made May 26, 1821. Signed Joshua his O mark Raplee. Witnesses: John Finch, Solomon Finch and Andrew Roblyes. Feb. 19, 1824, Solomon Finch deposed thathe had witnessed Joshua Raplee, deceased sign will declared by him to be his last will and testament.

CHRISTIE, Andrew, of town of Middlesex, Yates Co. To my son James Christie, his heirs and assigns all the remaining part of the south half of west lot No. 10 in the 7th range and the south half of the east lot of farm No. 10 in the 8th range of farms. Also to my son Gilbert Christie enough land in addition to that previously deeded to him by me to make his land equal to that heretofore deeded to James Christie by me. Also to my daughter, Abigail Cook, wife of Burnet Cook, her heirs and assigns - more land (described). Also to my two sons David Christie and William Christie, their heirs and assigns 100 acres of land deeded to me by Rufus Gale and Ruth, his wife. Feb. 22, 1813. To my grandson, Andrew Christie son of Gilbert Christie, 100 acres of land. To my grandson David Christie, son of James Christie and also to my daughter Bridget Daugherty, wife of Thomas Daugherty, the sum of 50 dollars. To my beloved wife, Sarah, all the remaining household furniture of which I may be possessed at my death. Also 1/3 of landed estate which I may die possessed of during the term of her natural life and after her death to those to whom it was devised. Oren Green, Job Pearce and Thomas Seamans Executors. Will made Feb. 19, 1824. Signed Andrew Christie by his mark. Witnessed by Chester Adams, Oliver Seamens and Chester Loomis. On Apr. 8, 1824 Oliver Seamans and Chester Loomis appeared before Surrogate Vosburgh and deposed that they had seen the late Andrew Christie sign the will which he declared to be his last will and testament. In a Codicil made Feb. 23, 1824 he revokes part about 1/3 of landed property to his wife and instead gives her 100 acres of land adjacent to that given Gilbert and also 1 yoke of 2 year old steers and one cow which she may select and choose. Also to grandchildren Sally Cook and Mary Ann Cook, daughters of Burnet Cook and Mary Ann Christie, daughter of James Christie, the avails of a certain note or obligation executed by Jonah W. Bowles payable 3 years after date - Feb. 8, 1823. Also that certain demands or debts due from me to the 1st Congregational Society of Augusta and Gorham amounting to about $25.00 shall be paid out of the avails of my personal property. And all other just and lawful debts owed by me.

SHEWMAN, Jacob, of Town of Middlesex, Yates County. Will made Mar. 25, 1824. Just debts and funeral expenses to be paid. To my friends Henry Smith and Lewis Smith all my horses, horn cattle, sheep and hogs, farming utensils and household furniture of every name and nature. Appoint my friend John Gamben, Executor, Signed Jacob Shewman, witnessed by James Slaughter, Isaac Stiles, James Vook. Apr. 13, 1824, the above witnesses appeared before Surrogate Vosburgh and testified that they had witnessed Jacob Shewman, deceased, sign the will which he declared to be his last will and testiment.

FREEMAN, John, town of Jerusalem, Yates County. My beloved wife, Esther Freeman, Grandaughter, Julia Ann Freeman; Youngest son Alexander Freeman. Son Alexander to take care of his mother in return for land and goods given him. Sons: John, Richard and William; Daughters: Elcy, Eliza, Sally, Mary and Matilda. John Church Executor. Will made May 16, 1824. Signed John Freeman. Witnesses: Jail Dorman, Jonathon Coleman, James A. Knapp. Probated May 28, 1824.

CORNWELL, William, town of Jerusalem, Yates County. Dear and beloved wife, Hannah Cornwell. Mentions land purchased of Cornelius Colp (Culp ?). Son, John Cornwell, the sum of $5.00. Daughter Anna Barnes, the wife of John Barnes, the sum of $3.00 and a certain pair of oxen, I left with her said husband when I was last in Delaware County. Daughter Rebecca Townsend, wife of Horace Townsend, the sum of $5.00. Son, Samuel Cornwell $3.00 also a certain note against Giles Kinney, for sum of about $100.00. Daughter, Mary Ralph, wife of Miles Ralph, daughter Hannah Lawrence, wife of John Lawrence, Jr., daughter, Elizabeth, Moore, wife of William Moore, daughter Abigail Wolcott, wife of Dr. Walter Wolcott and to her heirs and assigns forever, a village lot in the village of Penn Yan with a house thereon now occupied by one Samuel Lee, bounded on North by Main Street and west by Moses F. Sheppard and south by Cornelius Master's land. I also give to my daughter Abigail Wolcott the sum of $5.00. To my daughter Phila Van DeBogert (?), the sum of $25 dollars, to be paid to her out of my personal property in a bed and bedding or in sheep and such stock as she may choose. All the rest and residue of my estate, of debts due or to become due or owing to me, goods and chattels, lands, etc. in town of Jerusalem, Yates Co. and elsewhere I give to my son William Cornwell Jr. and to his heirs and assigns forever. Sons William Cornwell, Jr. and Samuel Cornwell nominated Executors. Signed and sealed on May 30, 1825. William Cornwell L. S. Witnessed by John VanNess, Jr., James T. Bashford, Francis Cornwall, Harvey (x) Lounsbury (his mark). Probated June 18, 1825.

BRINKERHOFF, Luke, late of Middlesex, Yates Co., N. Y. deceased. To my beloved wife Mary all my estate both real and personal to be freely enjoyed by her during her life or as long as she remains my widow. After her death, the land is to be sold as soon as may be convenient and the avails of twenty acres thereof to be equally divided between my two granddaughters, Polly Ridout, the wife of David Ridout and her sister Elsey Voorhees and the remainder of my real and personal property to be equally divided between my two grandsons John Voorhees and Jacob Voorhees and I do hereby constitute Henry Green, Senior of Gorham and Lindsey Warfield of Middlesex Executors of my last will and testament. Signed and sealed on May 11, 1824. Luke Brinkerhoff, L. S. Witnessed by Jabez French, Thomas Reynolds and Josiah Lake. Probated on July 6, 1825.

ENOS, James, late of town of Middlesex, Yates Co., N. Y., deceased. To my beloved wife Lucy Enos all my real and personal estate during her natural life and upon her decease, the whole of my real and personal estate remaining to be divided as follows. To my daughter Lucy Brown one equal third part of my real and personal estate during her natural life and upon her decease, the above one third part be given to my grandson Ammoriah Winchester Justin. To my daughter Debora Brown one equal third part of my real and personal estate to be at her disposal and to my daughter Minervey Brown one equal third part of my real and personal estate to be at her disposal and the sum of $60 is to be paid out of my real and personal estate as above bequeathed unto Sally Enos reputed daughter of James Carlton Enos, deceased to be paid by the above named heirs of James Enos, to Sally Enos within 6 months after the decease of my beloved wife, Lucy Enos. Appoint Russel Briggs, Executor. Signed and sealed on Jan. 26, 1825. James Enos, L. S. Witnessed by Selden Williams, Chauncy Morgan and Job Darley. Probated Sept. 12, 1825.

WOOD, Thomas, late of the Town of Benton, Yates Co., N. Y., deceased. 1st. To my beloved wife Comfort Wood the sum of $300, also a bed and bedding to be chosen by herself from among the beds in my house. To my eldest daughter Margaret Crandell the sum of $300. To my second daughter, Dorinda Hughes the sum of $300. To my 3rd daughter, Catherine McCoy, the sum of $300. To my 4th daughter, Abigail Spencer, the sum of $300. To my youngest daughter Hannah Callar the sum of $300. To my eldest son, Jacob Wood, the sum of $70. To my son, Stephen Wood, the sum of $25. To my son, David Wood, the sum of $5. To my son, Thomas Wood Jr., $150. To my youngest son, John Wood, the sum of $5. Executors, as soon after my decease as possible, to sell all my real estate also to sell or dispose of my personal property as soon as convenient after my decease excepting what has already been disposed of. Appoint my trusty friends John Coleman and Samuel G. Gage Executors. All the rest, residue and remainder of my estate and effects real and personal after payment of my debts legacies and funeral expenses to my five daughters hereinbefore named to be equally divided among them. Signed and sealed July 20, 1825 Thomas Wood L. S. and witnessed by Martin Gage, Isaac Halstead and James Wood. Probated Feb. 18, 1826.

WEARE, Nathaniel, late of town of Middlesex, Yates Co., N. Y. deceased. (Note: The index gives the last name as Wean, but a careful study of the name wherever it is written confirms my opinion that it should be Weare.) 1st my just debts shall be paid out of my personal property. 2nd the residue of my personal property excepting the household furniture to Delight Weare, my dear and beloved wife reserving two cows and twelve sheep during her life and then to be given to Marke Weare, my youngest son. 3rd to my 2 daughters Delight and Betsy Yost Weare all my household furniture to be divided equally between them also one cow and six sheep apiece to be given to them when demanded. 4th to Nathaniel Weare, Jr. and Daniel G. Weare my son(s) one dollar cash to be paid in one year after my decease. 5th to my youngest son above mentioned, all my real estate I now live on which I bought of Jairus Brown of Jerusalem, County and state aforesaid, by his paying the residue of the purchase money which I now owe for it and likewise he is to give Delight my wife a life lease of the same. 6th to Benjamin Dey, Jr., my grandson, one cow if he should arrive at age of 21. 7th to Delight, my wife, two (beads ?) (beds ?) during her lifetime and then be given to my two daughters above mentioned. Appoint Delight Weare, my wife, and Marke Weare my son as administrators (executors) of this my last Will and Testament. Signed and sealed May 24, 1825 Nathaniel (x) Weare (his mark) L. S. Witnessed by William J. Kent, John B. Waterman and Stephen Wyman. Probated July 1, 1826.

SUTTON, William, late of the Town of Barrington, Yates Co., N. Y. deceased. 1st To my beloved wife Elizabeth Sutton all my personal estate, goods and chattels of whatever kind and nature I own. Further all that message or testament on which I now reside situated in town of Barrington being 40 acres of land lying in the northwest corner of lot number 64 in said town of Barrington as described in a deed executed by Wm. Potter to me for said land together with all my other household estate whatsoever to hold during her natural life. Appoint my beloved wife Elizabeth Sutton sole executrix of this my last will and testament. Signed and sealed Mar. 25, 1826 William Sutton. L. S. and witnessed by David Dumond, Charles Knapp and Janna (James?) Osgood, Sr. Probated Oct. 16, 1826.

SKIFF, Abner, late of Town of Starkey, Yates Co., N. Y. deceased. To my beloved wife Mehitabel Skiff one third of the real estate while she remains my widow and after that to go to my 3 sons. To my eldest son, Russell Skiff one third of my real estate. Also to my two youngest sons the other two thirds of Whitcom $15. To my second Dorter (?), Mehitabel Tuttle, the sum of $15. Also to my youngest Dorter (?) Cornela Bary (Cornelia Barry?) the sum of $15 which several some of money to be paid one year after my decease. After all my debts and charges is paid, the moveable property to be equally divided between my 3 sons what remains what kind and nature soever appoint my wife Mehitabel Skiff executrix and Russell and Abner Skiff sole executors of this my last will and testament. Signed and sealed Sept. 30, 1826. Abner Skiff, L. S. witnessed by Richard Lanning, Elijah Huson, Ross Freeman. Probated Dec. 14, 1826.

COYKENDALL, Emmanuel, late of town of Starkey, Yates Co., N. Y. deceased. 1st: To my beloved wife, Mary Coykendall, all my household furniture of every description. Also to my eldest son, Henry E. Coykendall, $25. Also to my eldest son Esquire Coykendall, $100. To my next oldest son, Joel Coykendall $10. To my next eldest son, William Coykendall, $150. To my two daughters Charity, wife of Levi (?) W. Ellis and Mary Ann Coykendall, $50 each. All of which sums are to be paid within 30 days after my decease in shock off the farm or in cash within one year after my death at my executors hereinafter named shall judge. To my two youngest sons Milton and Jotham Coykendall the rest, residue and remainder of my personal estate, goods and chattels. To the said Milton and Jotham Coykendall all that messuage or tenement situate in farm aforesaid being the farm on which I now reside which contains 95 acres of land, be the same more or less, provided that the said Milton and Jotham execute to my beloved wife, Mary Coykendall, a bond securing to her the privilege of remaining in the house where I now reside and binding and obligating themselves to maintain and support her in sickness and in health in the same style that I have maintained her in as long as she remains my widow and even afterwards should she marry again and become in a suffering condition without means to support herself. But should the said Milton and Jotham refuse or neglect to execute a bond as aforesaid within a reasonable time after my decease then they shall be entitled to and have but two equal undivided third parts of said farm during the lifetime of said Mary and she shall have and hold the other third part during her lifetime, after which the said Milton and Jotham shall have and possess it for their own use and benefit. Appoint wife Mary Coykendall and Milton Coykendall and Jotham Coykendall, two of my sons, executors of this my last will and testament. Signed and sealed on May 21, 1827. Emmanuel (X) Coykendall (his mark) witnessed by John Starkey, Moses Deen, Henry Spence. Probated June 18, 1827.

CLARK, Samuel, late of Town of Benton, Yates Co., N. Y. deceased. Being feeble in body but of good sound mind and memory 1st: after all my honest debts and funeral charges are paid, my dear beloved wife Patty is to have 20 acres of land to be taken from the west part of the 50 acres on which I now live, it being a part of lot number 79 in said town. My daughter Esther Clark shall have $50. Also my daughter Susan Peckins, my daughter Nancy Clark and my daughter Rachel Clark, meaning that $200 be equally divided between the above mentioned girls. After all my debts and legacies above mentioned have been paid my two sons Samuel and Charles Clark shall have all the remainder of my property; both real and personal except the land on the east side of the road meaning the land I bot of Clark Hilton. My will concerning that is that my executors should sell or dispose of the same according to their best judgment and opinion and after paying what is due towards the land the remainder to be equally divided between my wife and children. My brother Caleb Clark and Joel Dorman to be executors. Signed and sealed on day and year first above written. Samuel (x) Clark (his mark) witnessed by J. L. Cleveland, David Secor and Ichabod Randall.

LAFEVER, John, late of town of Benton, Yates Co., N. Y. deceased. To my beloved father, Isaac Lafever of the Town of Hector, Tompkins Co. (N. Y.) $5.00, as also to my beloved sister Mary Lafever, $5, as also to my beloved sister Mary Lafever, $5 and $5 to my beloved sister Ann Lafever and $5 to my beloved brother Stark Lafever and $5 to my beloved brother Minard Lafever. All the rest and remainder of my property, by real and personal after my debts are paid as well as funeral charges I give and bequeath to my beloved brother Reuben Lafever of whatever name and nature and I appoint the said Ruben Lafever together with Burgbardt Babcock of the above said town and county named to be Executors. Signed and sealed on Mar. 12, 1827. John Lefever, witnessed by Sam. B. Bradley, John W. Cornwell, and Samuel Buell. Probated Nov. 20, 1827.

WHITTAKER, Stephen, late of town of Benton, Yates Co., N. Y. deceased. 1st to my beloved wife, Agnes, the sum of $150 to be paid her by my executors out of my personal estate as soon as is convenient after my decease, which is in lieu of her dower to my lands situate in the county of Steuben called the Jersey Tract. Also the use of one third of my farm in Benton on which I reside during her natural life which is equal to and in lieu of her dower in same. 2nd. to my daughters, Mary Debra, Ruth Phebe and Ann $300 each out of the avails of my Jersey land as soon after my decease as said land can be sold at a fair price and the monies realized. 3rd: to my son-in-law Alexander Finley $25 to be paid him as soon as convenient after my decease. 4th: to my son Jonathan $300 in lieu of 3 years services rendered me after he became 21 years of age, to be paid him as soon as maybe convenient. All the residue of my estate both personal and real after my just debts are paid shall be equally divided between my 3 sons, Jonathan, Stephen and Isaac subject to the rights above given to my wife. Lastly, appoint my said sons Jonathan, Stephen and Isaac to be executors. Signed and sealed May 4, 1826. Stephen Whittaker. L. S. Witnessed by Elijah Spencer, Silas Losey, Margaretta Bradley. Probated Nov. 27, 1827.

TOWNSEND, Hezakiah of Milo, Yates Co., do make this my last will. 1st: Just debts and funeral expenses. 2nd: To my beloved wife, Hannah Townsend, the right of occupying north half of my dwelling house; one-third part of rents and profits of the farm where I now live; third part of rents and profits of the farm I now own in Jerusalem, being 68 acres I purchased of my father, Elijah Townsend, now deceased. To my wife, Hannah, my household furniture, my yellow mare, 4 cows to be chosen by her, 20 sheep as good as the average quality of my flock; a sidesaddle heretofore claimed by my daughter Deborah, now deceased, my 1 horse waggon and harness, 1 potash kettle, the best one I have. 3rd: To my son Manchester Townsend, his heirs and assigns, 81 acres off the east part of the farm where I now live in Milo, land deeded to my by Charles Williamson; 1 acre in the north of said farm purchased of the heirs of Susannah Hathaway; the north half of the house where I now live after the decease of my wife, Hannah; and personal property to the amount of $500 to be selected by my wife Hannah and John O. Cook and appraised by two freeholders to be chosen by said Hannah and John O. Cook. 4th: To my son Hezekiah Townsend, the west part of my farm where I now live, being the lot I purchased of John P. Ryers, 100 acres of land lying west of a parallel line of the north and south ends of Benedict Robinson's farm west; also one set of my blacksmith tools, one potash kettle, the next to the one I have given my wife Hannah. 5th: To my son Henry Townsend, a farm now owned by me in the Town of Jerusalem, being a lot I purchased of my father, Elijah Townsend, now deceased, containing 68 acres, also my black three-years-old colt by Young Consul (probably easier to do a genealogy on the colt than on the son); the remainder of my blacksmith tools after those conveyed to my son Hezekiah. 6th: My son Manchester Townsend to pay my son Elijah Townsend $250 in five years from my decease to be taken out of the property given by me to him. He is to pay the heirs of John O. Cook and the heirs of Jacob B. Hall $500 to be equally divided and paid to them seperately as they become 21. My son Manchester to pay my son Henry $25 when 21. 7th: My son Hezekiah Townsend pay to my son Elijah Townsend $250 in five years from my decease. 8th: If there should not be sufficient amounts of personal property to pay my debts, my sons Manchester and Hezekiah and Henry to pay them. If any property remain, the same shall be divided equally into three parts and paid in equal sums to my sons Manchester, Hezekiah and Henry. Executors: John O. Cook and Manchester Townsend and my wife, Hannah Townsend. Oct. 5, 1827. Hezekiah Townsend (L. S.) Witnesses: Joshua Lee, David Briggs and Isaac Nicholas, Jr. On Nov. 29, 1827 Joshua Lee testified that he witnessed Hezekiah Townsend execute the above will and that he with David Briggs and Isaac Nicholas, Jr. did subscribe their names thereto. The will was declared proved. John O. Cook, Manchester Townsend and Hannah Townsend, executors and executrix, appeared on Nov. 29, 1827 and letters testamentary were issued to them.

HERRICK, Joseph, of the Town of Jerusalem, Ontario (now Yates) Co., do make this my last will. 1st: To my beloved wife, Hannah Herrick, one third of all my real estate so long as she remains my widow, and the use of the improvements together with a good team and cows and sheep to make her comfortable. I want my two youngest sons and the girls to live with her as long as they remain single and till Harvey is 17. Then I want him to go to learn the Blacksmith trade. 2d: I also want my oldest son, Jacob, to work with the family and take the charge until the children becomes of age. 3d: To my wife, all my household furniture, and at her decease to divide them among the children as she shall think propper. 4th: To my oldest son, Jacob Herrick, at our disease, 30 acres, laying between Jacob's land and my son Israel's if there should be enough. If not, he must take it off of the west side of Jacob's homestead lot to make out 30 acreas. To my second son, Nathan N. Herrick, 25 acres at our decease east of his land. To my two youngest sons, 30 acres each, but in case Harry goes to learn the blacksmith trade he is to have 15 acres, and the other 15 acres must be divided equal among the other four boys. There (their) land is to be the remainder of my homestead lot if there should be enough. If not, they must take enough off Jacob's west lot to make out their number. To my two daughters Ann and Lydia, 8 acres to each of them west of Jacob's homestead lot; one cow and five sheep as they become or age or shall marry. To my two youngest sons, one horse each as they shall become of age, horse to be well made and not to exceed six years and not under three, and five sheep apiece. The remainder of the personal property besides what the family wants to make them comfortable shall be sold to the best advantage and go to pay the debts. The boys must pay in proportion to the property willed to them. Executors: my two oldest sons, Jacob and Nathan N. Herrick. Feb. 16, 1823. Joseph Herrick (L. S.) Witnesses: William Slawson, Ezekiel B. Pulling, Stephen Wilkins. On Dec. 25, 1827 Ezekiel B. Pulling testified that he saw Joseph Herrick, deceased, seal and execute the above will, and that he, William Slawson and Stephen Williams signed the will in the presence of the testator. Jacob and Nathan N. Herrick took the prescribed oath as executors.

CODICIL

This codicil gives a rough summary of the bequests made in the above will and then says, "Whereas I have this day sold 15 acres off to pay my debts now I do by this my writing, which I hereby declare to be a codicil to my said will to be taken as a part thereof. I direct that 5 acres be taken from the 30 acres bequeathed to my son Mitchell and that the remaining 10 (acres) be taken from what I have bequeathed to all my other children in exact proportion to what is bequeathed to each. This codicil is to be a part of my last will and testament to all intents and purposes." Signed Jan. 10, 1825. Joseph Herrick, by his mark (L. S.) Witnesses: Z. L. Andrus, H. G. Andrus, Jason Andrus. Added was a statement that should there be any dispute over the will and codicil, they were to be referred to the determination of his friends William Weed and John Ferris, both of the Town of Jerusalem. Jan. 10, 1825, Joseph Herrick, by his mark. Witnesses same as for thre codicil. Jason Andrus, one of the witnesses, appeared on Dec. 25, 1827 and testified that he witnessed Joseph Herrick sign the codicil. On the same day Jacob and Nathan N. Herrick took the oath of executors, and letters testamentary were granted to them.

HILTON, William, of Benton, Yates Co., make this my last will. To my three daughters, Susannah Wilcox, Ruth Goff and Phebe Mapes, the sum of $200 each, to be paid in the space of one year after my decease. My household furniture remaining at my decease to the said Susannah, Ruth and Phebe to equally divided. Executors: my son Daniel Hilton and Capt. Alfred Gulley. Apr. 17, 1827, William Hilton by his mark (L. S.). Witnesses: Abner Woodworth, Nathan P. Cole and Anthony H. Lewis. On Mar. 21, 1828 Nathan P. Cole testified that he saw William Hilton sign the above will. On the same day Daniel Herrick was sworn in as executor of the will, and letters testamentary were granted to him.

VAN PELT, John of the Town of Milo, Yates Co., do make this my last will and testament. 1st: Just debts and funeral expenses be paid. 2nd: To my beloved wife, Sarah, $500 out of the avails of my personal property and real estate, leaving the said sum at her sole control and disposal. Further to my wife all my household furniture, two cows, two hogs and six sheep. 3d: To my daughter Rachael, $5. 4th: To my son George, $100. 5th: To each viz: my sons John, Anthony, and James; and my daughters Mary, Susan, Nancy, Sarah, and Charlotte; and Joshua, the son of my daughter Nancy, when he is 21; an equal ninth part (after debts and funeral expenses and sums hereinabove bequeathed). If any of the last named persons shall die leaving no legal heirs before the time appointed for distribution, avails shall be equally divided among such of last above named persons as shall then be living. 6th: My executors within six months after my decease to sell my personal property not herein before devised and all my real estate. They shall pay out of the first money received the $500 to my wife, $5 to my daughter Rachael and $100 to my son George. The executors shall then divide the reminder of the monies among the said John, Anthony, James, Mary, Susan, Nancy, Sarah, Charlotte and Joshua as I bequeathed to them. Executors empowered to write deeds for property sold. Executors: William M. Oliver of the Town of Milo, and Aaron Remer of the Town of Benton, Yates Co. May 16, 1825, John Van Pelt (L. S.) Witnesses: Henry A. Wisner, John J. Lord and Levi Lyman. On Apr. 28, 1828 Henry A. Wisner testified that he saw John Van Pelt sign the will. On the same day William M. Oliver and Aaron Remer appeared and swore they would carry out the provisions of the will.

CODICIL

On Dec. 18, 1827 John Van Pelt made a codicil as follows, He nullified the direction to sell the real estate as expediently after his death as possible. He now directs that no real estate is to be sold until Joshua, son of his daughter Nancy, shall arrive at the age of 21. His wife Sarah and Joshua to have full and peaceable possession of the real estate until Joshua reaches 21, and then the executors shall sell the real estate and distribute the avails as described in the will. Signed John Van Pelt (L. S.) Witnesses: Henry A. Wisner, Barnet N. Wisner and Arch. Strobridge. On Apr. 28, 1828 Henry A. Wisner testified to the signing and witnessing of the codicil. On the same day William M. Oliver and Aaron Remer were granted letters testamentary.