WILL: John D. Aldrich; Belfast, Allegany Co., NY

transcribed by W. David Samuelsen for USGenWeb Archives

************************************************************************
USGENWEB ARCHIVES NOTICE:  These electronic pages may NOT be reproduced 
in any format for profit or presentation by any other organization or 
persons.  Persons or organizations desiring to use this material, must 
obtain the written consent of the contributor, or the legal 
representative of the submitter, and contact the listed USGenWeb 
archivist with proof of this consent. The submitter has given permission 
to the USGenWeb Archives to store the file permanently for free access.
http://www.usgwarchives.net
***********************************************************************

Allegany Co., NY Wills. Vol. 3 page 403

John D. Aldrich of Belfast
Will dated: 14 July 1846
Will probated: 19 Oct 1846

I, John D. Aldrich aged Twenty four years and upwards, being desirious to
discharge the duty every man owes to his family by making such provisions for
the distribution of my property as shall be just & equitable do make pubish &
declare this my last Will and Testament as follows:

First - I direct that the expenses of my last sickness & of my funeral shall
be paid in preference to any devise or Legacy herein contained -

Secondly - I give & bequeath to my son John D. Aldrich Jr. now about three
months old all my property both real and personal after paying my debts -
meaning the child I had by Malvina Neeley, formerly the wife of Justus H.
Neeley.

Thirdly - In case the above mentioned child should die previous to its mother,
I direct all the property which I give the child to be given to its Mother
Malvina Neeley.

Fourthly - I hereby appoint the said Malvina Neeley Guardian of my son John D.
Aldrich Jr. until he shall arrive at the age of Twenty one years & Trustee of
the property herein devised to my son John D. to take care of & use for the
benefit & education of my said son.

Fifthly - I hereby appoint Malvina Neeley, formerly wife of Justus H. Neeley,
Executrix of this my Last Will and Testament.
John D. Aldrich

The above instrument consisting of one sheet that was subscribed by John D.
Aldrich the testator in our presence & was declared by him to be his last Will
& Testament & we at his request have signed our names as witnesses.
Joab B. Hughes - residence, Belfast, Allegany Co. N.Y.
Ayrault C. Alexander - residence, Belfast, Allegany Co. N.Y.

State of New York
Allegany County ss

Be it remembered that at a Surrogate's Court held at Angelina in the county of
Allegany on the 19th of Oct. 1846 before Saml C. Wilson Surrogate of said
county for the purpose of proving and recording the Last Will and Testament of
John D. Aldrich, late of the town of Belfast, in the county of Allegany,
deceased, on the application of Malvina Neeley, Executrix in the said Will
named, as a will of both real and personal Estate after a citation to the next
o fkin to the said deceased, issued, served, returned, and filed according to
law, the following witnesses, after having been duly sworn testified as
follows.

State of New York
Allegany County, ss
Joab B. Hughes, being duly sworn says he was acquainted with the said John D.
Aldrich, in his lifetime that he was present and saw the said John D. Aldrich
sign his name to the Will now presented that he was of sound mind and memory,
at the time of Executing the same and fully competent to dispose of his
property by Will, that he at the time of executing the same declared it to be
his last Will and Testament. That witness subscribed the same as a witness, at
his request, and in his presence, and in the presence of the other subscribing
witness. That the said will after it was executed, was delivered to witness
for safe keeping, and that it has remained in his possesion since up to this
time and that it is the same now when executed. That the said will was drawn
by witness at the request of the said Testator, and according to his
direction, and that the same was executed on or about the fifteenth day of
July 1846.

Joab B. Hughes

State of New York
Allegany County ss

Ayrault C. Alexander being duly sworn says, he was acquainted with the said
deceased in his lifetime - that he was present and saw the said John D.
Aldrich, deceased, sign his name to the Will now presented, and that he at the
same time declared it to be his Last Will and Testament - That he was at the
time of so executing the same of sound mind and memory, and fully competent to
dispose of his property by will. That witness subscribed the same as a witness
at his request, and in his presence, and in the presence of the other
subscribing witness.

Ayrault C. Alexander

The foregoing proofs and Examinations taken before me the Surrogate aforesaid
at the time and place aforesaid, and the depositions of the respective
witnesses were by them respectively subscribed after having been carefully
read over to them. And I the said Surrogate being satisfied upon the said
proofs taken, that the said will duly executed. That the said Testator at the
time of Executing the same was in all respects competent to devise Real
Estate, and not under restraint, do therefore allow the said Will proofs and
Exminations to be Recorded.

Witness Samuel C. Wilson, Surrogate aforesaid the day and year aforesaid

Saml C. Wilson, Surrogate
Recorded Oct. 19th 1846