WILL: Timothy Sheppard; Triangle, Broome co., NY 
surname: Sheppard, Hatch, Landers, Sartwell, Smith, Spalding

submitted by Karen Adams (angel48 @ comcast.net) 
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Submitted Date: April 22, 2004
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Source: Will Book D, Page 156
Written: December 12 1835
Recorded: May 2 1836

In the matter of the last will of Timothy Sheppard deceased:  Surrogate Court

At a Surrogate Court here at Binghamton in the county of Broome on the 2nd day
of May, 1836 before Joseph K Rugg Surrogate.

On the day and at the place aforesaid Charles Landers of the town of Willet in
the County of Cortland and James Sheppard of the town of Triangle in the
County of Broome, the executors named in the last will and testament of
Timothy Sheppard late of Triangle aforesaid deceased, appeared for the purpose
of prosing said will.  George Wheeler of the town last aforesaid who has been
duly appointed guardian by this court for Lawrence Sheppard, George Sheppard,
Francis E. Sheppard, Lydia Sheppard, Mary Sheppard, Charlotte Sheppard,
Violetta Sheppard, Charles M. Sartwell, Leoletta Sartwell minor heirs of the
said Timothy Sheppard deceased also appeared.

Whereupon the surrogate aforesaid proceeded to hear the allegations and proofs
of the respective parties and thereupon the said Charles Landers and James
Sheppard produced satisfactory proof of lawful service of notice of this
application on all the heirs of the said deceased to with personal service on
George Wheeler Esq. Guardian of the said minor heirs of the said deceased
residing in the Bounty of Broome aforesaid at last fifteen days and on Keziah
Smith, Lydia Spalding, William Sheppard, Betsey Hatch, Rhoda Sheppard,
Priscilla Landers, Lucinda Landers, Hiram Sheppard pursuant to the revised
statutes of the State of New York; being upon those residing in the County of
Broome at least 15 days and upon those residing out of said County at least 20
days previous to the 2nd day of May A.D. 1836.

Whereupon two of the subscribing witnesses to the said Will were by the said
surrogate duly sworn to prove the execution of the said will and testified as
follows:

Broome County:  George Wheeler Esq. of the town of Triangle in the said County
of Broome being first duly sworn deposed and said that he saw Timothy Sheppard
late of the town of Triangle in the County of Broome and State of New York
subscribe his name to the instrument now shown to him this deponent which
purports to be the last will and testament of Timothy Sheppard deceased
hearing date the 12th day of December 1835, that he heard the said Timothy
Sheppard deceased declare the same to be his last will and testament and that
this deponent did subscribe his name thereto as a witness at the request of
the said Timothy Sheppard deceased and in his presence and in presence of the
other witnesses thereto and this deponent further saith that at the time last
aforesaid the said Timothy Sheppard was of full age of sound and disposing
mind and memory and not under any restraint that the interlimitations in the
said will were made before the signing thereof by the said deceased that the
said deceased died at his residence in Triangle aforesaid and further this
deponent saith not.
Signed George Wheeler
Sworn and subscribed before and this 2nd day of May A.D. 1836.
J.K. Rugg, Surrogate

Broome County:  Mrs. Betsy Wheeler of the town of Triangle in the said County
of Broome being first duly sworn deposeth and said that she saw Timothy
Sheppard late of the town of Triangle aforesaid deceased subscribe this
instrument now shown to her this deponent which purports to be the last will
and testament of the said Timothy Sheppard deceased hearing date the 12th day
of December A.D. 1835 that she heard the said Timothy Sheppard at the time
aforesaid declare the same to be his last will and testament.  And that she
this deponent did subscribe her name thereto in the presence of the said
Timothy Sheppard deceased and the other witnesses thereto and at his request
and this deponent further says that at the time last aforesaid the said
Timothy Sheppard was of full age of sound and disposing mind and memory and
not under any restraint and further this deponent saith not.
Signed Betsey Wheeler
Sworn and subscribed before and this 2nd day of May A.D. 1836.
J.K. Rugg, Surrogate

Broome County:  James Sheppard of the town of Triangle in said County being
duly sworn says that Mirah Parker one of the subscribing witnesses to the last
will and testament of Timothy Sheppard late of Triangle aforesaid deceased
resides in said town of Triangle in said County of Broome that this deponent
saw her on Saturday last at her residence aforesaid that she was so ill and
infirm as to be entirely incompetent to appear before said surrogate as a
witness to said will and further this deponent saith not.
Sown and subscribed fore and this 2nd day of May A.D. 1836.
J.K. Rugg, Surrogate

The foregoing proof and examinations taken before one the surrogate aforesaid
at the time and place first mentioned and the depositions of the respective
witnesses were by their respectively subscribed after having been carefully
read over to them and the said Surrogate being satisfied upon the said proof
taken that the said will was 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 examinations
to be recorded. 

Witnesses Joseph K. Rugg, Surrogate aforesaid the day and year first above
written.
J.K. Rugg, Surrogate

The last will and testament of Timothy Sheppard of the town of Triangle,
Broome County and State of New York.

I Timothy Sheppard considering the necessity of this mortal life and being of
sound mind and memory blessed be almighty God for the same do make and publish
this my last will and testament in manner and form following that is to say: 
First I give and bequeath unto my two youngest sons Hiram Sheppard and James
Sheppard all my right title and interest in a certain house and lot in the
town of Green Chenango County at a place in said town known by the name of 
Genegantslet four comers said house and lot being near said four corners and
that being in two separate parcels on the north and south side of the turnpike
road being the same deeded to myself and Hiram Sheppard and also a lease of a
mater privilege and the buildings thereon occupied as a clothiers works with
all the tools and implements belonging thereto said Hiram and James are to pay
from their own property what is due as may become due towards said property
and release my other heirs from the same.  It is understood that there is due
towards said place about four hundred dollars as a little more say about two
hundred dollars in a note to William B. Ogden Esq. and a note to the Mrs.
Meriah Parker of about two hundred dollars and some ten dollars or thereabout
due to Barnard and Hatch of Greene said notes are signed by myself and Hyram
Sheppard signed the one to Ogden with me.  And I hereby appoint James Sheppard
my son and Charles Landers my son in law my sole executors of this my last
will and testament thereby revoking all former wills by me made. 

And I hereby direct the said executors at once after my decease as soon as may
be to sell all my real and personal estate that I may be then ____ of for a
sum not less than four thousand dollars said property is now all in the
aforesaid town of Triangle and after said property is so sold then to be
divided into eleven equal parts for each of my children or their heirs that is
to say one part for Keziah Smith, one part for Lydia Spalding, one part for
the heirs of Nathaniel Sheppard, one part for Rhoda Sheppard, one part for
Betsey Hatch, one part for the heirs of Anna Sartwell, one part for William
Sheppard, one part for Priscilla Landers, one part for Lucinda Landers, one
part for Hiram Sheppard, one part for James Sheppard.  And it is hereby
understood and requested that each heir as above mentioned before reserving
said dower shall secure by good and sufficient surety to pay to my beloved
wife Elizabeth the annual interest of one third of the amount of their
respective shares as long as she shall live for her maintenance and comfort
during her said natural life.  And in case any one of said heirs shall refuse
or neglect to give surety, then the said executors shall put it out to such
persons as they may deem proper by signing good surety for the same that it
may not be lost, and the interest to be paid over to my said wife for her use
and benefit as long as she shall live, and after her decease to go to the
respective heir to which it belonged according to distribution the interest to
my said wife to commence at the time of my decease, said executors after my
decease to rent said farm as well as may be until the opportunity shall
present to sell the same and the rent of the farm first to be applied to pay
the claim of my said wife in paying her the interest of one third of four
thousand dollars until said property shall be sold so to divide as heretofore
directed and I hereby appoint Lucinda Landers as the agent of Rhoda Sheppard
to advise and take care of her said dower and right.  It is directed that all
debts due by me at my decease and all to other funeral expenses shall be paid
out of my property by said executors as soon as may be after said property
shall come into their hands, and all other moneys and property which may come
into said executors hands they shall be accountable for to the aforesaid
heirs.  I hereby declare this instrument to be my last will and testament in
witness whereof I have here unto set my house and seal the twelfth day of
December one thousand eight hundred and thirty five.
N.B. The words underlined done before signing between 13th and 14th due from
top of 2nd page:

Signed sealed published and declared by the above named Timothy Sheppard to be
his last will and testament in the presence of us who have hereunto subscribed
our names as witness in the presence of the testator.  
Signed:  Timothy Sheppard 
George Wheeler of the town of Triangle Broome County, NY 
Betsey Wheeler of the town of Triangle
Mirah Parker