WILL: Elijah Lewis; Alfred, Allegany co., NY surname: Lewis, Monroe, Potter, Hadsell submitted by W. David Samuelsen (no relation) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO photocopy Allegany co NY Will Book Vol. 6 page 34 Record of the last Will of Elijah LEWIS, deceased In the name of God, Amen. I, Elijah LEWIS of the town of Alfred in the County of Allegany & State of New York, of the age of seventy years & being of sound mind & memory, do make, publish & declare this my last will and testament, in manner following; that is to say ----- First, I give & bequeath to my wife, Sarah, the entire use of all my real estate and also the entire use of all my household furniture, during her natural life time, to be occupied and received by her, in lieu of dower. To my son, Leander W. LEWIS, I give & bequeath thirty acres of land, from the North end of my farm in Alfred; said piece is to run in a parallel line, East & West across said lot, South far enough to make the thirty acres from the North end. ----- Second, I give & bequeath to my son, Elijah P. LEWIS, forty five acres of land of my farm aforesaid, to commence on the South line of the above described thirty acres & to run South in a parallel line with the South line aforesaid, far enough South to contain forty five acres of land. ----- Third, I give & bequeath to my son, Israel T. LEWIS, thirty acres of land of my farm aforesaid, to commence on the South side of the last, above described forty five acres & to run far enough South across said farm in a parallel line with said South line, aforesaid, to contain thirty acres. ----- Fourth, I give & bequeath to my son, Alvin A. LEWIS, twenty six acres of land from my farm aforesaid, to commence on the South line of the last, above described thirty acres & to run South far enough across said farm, in a parallel line with said South line, to contain twenty six acres. ----- Fifth, I give & bequeath to my son, Isaac M. LEWIS, forty nine acres of land from my farm aforesaid, to commence on the South line of the last, above described twenty six acres & to run South far enough from said South line, parallel with said South line, to contain forty nine acres. This last bequest is subject never the less to the following conditions, to wit: in case this forty nine acres takes the buildings situated upon my farm, I then bind my son, Isaac, to pay to each of my other heirs ten dollars. ----- Sixth, I give & devise & bequeath to my three daughters, Sarah A. MONROE, Phebe P. POTTER & Elizabeth A. HADSELL, three hundred dollars each, to (be) paid out of my personal estate. ----- Seventh, I give & bequeath all the rest & residue of my personal estate, goods & chattels of ( ) whatsoever (to be divided) equally among all my heirs. ----- Lastly, these several bequests of my lands & tenements are bequeathed to my several sons upon the following conditions: that neither of my said sons shall have the power or liberty to sell his share of land apportioned to him, except it be sold to one of my other heirs or to each other. I hereby appoint my son, Leander W. LEWIS, my sole executor of this, my last will & testament, hereby revoking all former wills by me made. In witness whereof, I have hereunto set my hand & seal this 25th day of January in the year of our Lord one thousand eight hundred & fifty eight. (signed) Elijah LEWIS (L. S.) The ( ) instrument, consisting of our ( ), that was, at the date thereof, signed, sealed, published & declared by the said Elijah LEWIS, as and for his last will & testament in presence of us who, at his request & in his presence & in the presence of each other, have subscribed our names as witnesses thereto. (signed) Amos B. COLLINS - Alfred, Allegany County, N. Y. (signed) Amanda M. COLLINS - Alfred, Allegany County, N. Y. Surrogate Court, Allegany County. ss: In the matter of proving the last Will and Testament of Elijah LEWIS, deceased Allegany County. ss: Amos B. COLLINS, being duly sworn in open Court upon his corporeal oaths, deposes and says that he is a subscribing witness to the last Will and Testament of Elijah LEWIS, late of the town of Alfred in the County of Allegany and State of New York, deceased. And this deponent further says that the said deceased did, in the presence of this deponent and Amanda M. COLLINS, subscribe his name at the end of the instrument, in writing, which is now here shown to this deponent and which purports to be the last Will and Testament of the said deceased and which bears date on the 25th day of January, one thousand eight hundred and fifty eight; that the said deceased did, at the time of subscribing his name to the said instrument, as aforesaid, declare the same to be his last Will and Testament; and this deponent and Amanda M. COLLINS did thereupon subscribe their own respective names at the end of said instrument, as attesting witnesses to the execution thereof, each at the request of said deceased and in his presence and in the presence of each other; that the said deceased, at the time of subscribing his name to said instrument, as aforesaid, and publishing said instrument, as aforesaid, was upwards of twenty one years of age and a citizen of the United States; that he appeared to be and deponents believe he was of sound mind, memory and understanding and not under any restraint and, as deponents verily believe, in all respects competent to devise real estate; that each of these deponents saw the other sign his name to the said instrument in the presence of the said deceased. (signed) A. B. COLLINS Sworn and subscribed before me this 12th day of Aug. 1867 (signed) W. HATCH, Surrogate A. B. COLLINS, being sworn, saith that he was well acquainted with the hand writing of Elijah LEWIS in his life time and that the signature to the will now shown is his signature; that he was well acquainted with Amanda M. COLLINS and her hand writing, who is now deceased; that he saw said Amanda M. COLLINS sign her name to said Will. (signed) A. B. COLLINS Sworn and subscribed before me this 12th day of Aug. 1867 (signed) W. HATCH, Surrogate Allegany County. ss: It appearing, upon the proofs duly taken in respect to the last Will and Testament of Elijah LEWIS, late of the town of Alfred, deceased, that the said will was duly executed and that the said Elijah LEWIS, at the time he executed the same, was in all respects competent to devise real estate and not under restraint, the said last will and testament, the said proofs and examinations are hereby recorded, signed and certified by me, pursuant to the provisions of the Revised Statutes, this 12th day of Aug. in the year of our Lord, one thousand eight (hundred) and sixty seven.