WILL: Hezekiah Scovel; Otto, Cattaraugus co., NY surname: Scovel, Perkins, Fargo, Capin, Larabee, Sikes, submitted by Ann Marr (marr794 at aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: July 15, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 11 Kb ************************************************ Source: sampubco.com Cattaraugus County Will Book 2, Page 199 Written: July 10, 1852 Recorded: July 20, 1853 Transcribed from SAMPUBCO copy by Ann Marr Document copied as is with all errors and duplications of phrases. Hesekiah [Hezekiah Scovel] Scovel's Will Know all men by these presents that I Hesekiah Scovel of the town of Otto County of Cattaraugus and State of New York of the age of seventy five years and being of sound mind and memory, do make publish and declare this my my last will and testament in manner following that is to say First I give and devise all my real Estate, to wit my house & lot in the Town & of County aforesaid Containing one acre and twelve hundredths of an acre of land, together with the out buildings and that part of the house which I now occupy, to my wife Lydia Scovel, to be used occupied and enjoyed by her during the term of her natural life and from and immediately after her decease I give and devise the same to my daughter Polly Perkins (wife of Theron Perkins) her heirs and assigns forever. Second I give to the Children of my daughter Caroline deceased the wife of Palmer Fargo one dollar to my son Roderick R Scovel one dollar to my son Nathan Scovel one dollar to Delela (sic - Delilah) Capin (wife of Cyrus Capin) twenty five dollars to Lorenda Larabee (wife of Sydney Larabee) one dollar to my son Hesekiah Scovel Jr. one dollar to my daughter Amy J. Larabee (wife of Albert Larabee) twenty dollars to my daughter Lodema R. Sikes (wife of Hiram Sikes) twenty five dollars to my son Palmer T Scovel thirty dollars. Thirdly I give and bequeath all the rest residue and remainder of my personal estate to the several heirs mentioned as above (excepting my wife Lydia) to be divided between them according to their several portions and notes Lastly I give and devise all my household furniture to my wife Lydia to be used and occupied by her during her natural life, and from and immediately after her decease I devise the same to be equally to be divided between my five daughters viz Delila, Lorenda, Amy, Lodema and Polly. This my last will and testament hereby revoking all former wills by me made, And I do hereby nominate and appoint my Friend Arnold Bently to be the Executor of this my last will and testament. In witness whereof I have hereunto set my hand and seal this tenth day of July Eighteen hundred and fifty two. Hesekiak Scovel (L.S.) ---------- The above instrument consisting of two sheets was at the date thereof signed sealed and published and declared by the said Hesekiah Scovel as well for his last will and testament in presence of us who at his request and in his presence of and in the presence of each other have subscribed our names as witnesses thereto. Cyrus A. Bentley Residing at Otto Cattaraugus County Arnold Bentley Residing at Otto Cattaraugus County ---------- Whereas I, Hesekiah Scovel of the town of Otto County of Cattaraugus have made my last well and testament in writing bearing date the tenth day of July 1852 in and by which I have given and bequeathed to my Son Roderick one dollar Now therefore I do by this my writing which I hereby declare to be a codicil to my last will and testament & to be taken as a part thereof, order & declare that my will is that the sum of forty dollars be paid to my Son Roderick and lastly it is my devise that this codicil be annexed to and made a part of my last will and testament as aforesaid to all intents and purposes In witness whereof I have hereunto set my hand and seal this eleventh day of March in the year of our Lord 1853 is for a codicil to his last will, The above his Hesekiah | Scovel (L.S.) mark ---------- Ch (?) and for a codicil to his last will . . . . . . . . . . . . . The above instrument consisting of one sheet, was at the date thereof declared to us by Hesekiah Scovel the testator to be his will and he at own the same time acknowledged to as that he signed and sealed the same and thereupon at his request and in his presence and in the presence of each other signed our names thereto as attesting witnesses John Woodruff Residing in Otto Cattaraugus County George Woodruff Residing in Otto Cattaraugus County ---------- Surrogate Court In the matter of proving the will of Hesekiah Scovel deceased Cattaraugus County Ss Arnold Bently of the Town of Otto in the County of Cattaraugus aforesaid being duly sworn doth depose and say that he is a subscribing witness to the last will and testament of Hesekiah Scovel late of the town of Otto the County of Cattaraugus aforesaid deceased. And this deponent further saith, that the said Hesekiah Scovel the said Testator did in the presence of this deponent, subscribe his name at the end of the instrument which is now shown and exhibited to this deponent and which purports to be the last will and testament of the said Hesekiah Scovel and which bears date on the 10th day of July in the year of our Lord one thousand Eight hundred and fifty two. And this deponent further saith that the said testator did at the said time of subscribing his name as aforesaid at the end of the said will declared the said instrument so subscribed to be his last will and testament, and this deponent and Cyrus A. Bently who now resides in the town of Lenox, in the County of Ashtabula in the State of Ohio, did thereupon duly their own subscribe their names at the end of the said will, as attesting witnesses thereto in the presence and at the request of the said testator. And this deponent further saith that at the said time when the said testator subscribed his name to the said last will and testament as aforesaid, and at the time of this deponents subscribing his name as an attesting witness thereto as aforesaid the said testator was of sound mind and memory, of full age to execute a will and was not under any restraint, and that the said will now appears in all respects as when so executed without any alteration whatsoever This deponent further says that he was present and saw the said Cyrus A. Bently sign his name as subscribing witness to the said will. Subscribed and sworn this 20 day of July 1853 {Arnold Bently Chester House Surrogate ---------- Surrogate Court In the matter of proving the will of Hesekiah Scovel, deceased Cattaraugus County sf. George Woodruff of the Town of Otto in the County of Cattaraugus aforesaid being duly sworn doth depose and say that he is a subscribing witness to the last will and testament of Hesekiah Scovel late of the town of Otto in the County of Cattaraugus aforesaid deceased. And this deponent further saith that the said Hesekiah Scovel the said testator did in the presence of this deponent subscribed his name at the end of the of the instrument which is now shown and exhibited to this deponent. and which purports to be a codicil to the last will and testament of the said Hesekiah Scovel and which bears date on 11th day of March in the year of our Lord one thousand Eight hundred and fifty three. And this deponent further saith that the said testator did at the said time of subscribing his name as aforesaid at the end of the said codicil declare the said instrument so subscribed to be a codicil to his last will and testament; and this deponent and John Woodruff did thereupon subscribe their names at the end of the said codicil as attesting witnesses thereto in the presence and at the request of the said testator. And this deponent further saith, that at the said time when the said testator subscribed his name to the said codicil as aforesaid, and at the time of this deponents subscribing his name, as an attesting witness thereto as aforesaid, the said testator was of sound mind and memory of full age to execute a will and was not under any restraint. And that the said codicil now appears in all respects as when so executed without any alteration whatsoever. when so executed without any alteration whatsoever (sic.). Subscribed and sworn this 2 day of July 1853 { George Woodruff Chester House Surrogate ---------- Surrogate Court In the matter of proving the will of Hesekiah Scovel deceased Cattaraugus County ss. John Woodruff of the town of Otto in the County of Cattaraugus aforesaid being duly sworn doth depose and say that he is a subscribing witness to the codicil to the last will and testament of Hesekiah Scovel late of the town of Otto in the County of Cattaraugus aforesaid deceased. And this deponent further saith, that the said Hesekiah Scovel the said testator did in the presence of this deponent, subscribe his name at the end of the instrument which is now shown and presented to this deponent and which purports to be the codicil of the last will and testament of the said Hesekiah Scovel and which bears date on the 11th day of March in the year of Our Lord one thousand Eight hundred and fifty three. And this deponent further saith that the said testator did at the said time of subscribing his name as aforesaid, at the end of the said will (sic.) declare the said instrument so subscribed to be a codicil to his last will and testament; and this deponent and George Woodruff did thereupon subscribe their names at the end of the said codicil, as attesting witnesses thereto in the presence and at the request of the said testator. And this deponent further saith that at the time when the said testator subscribed his name to the said codicil of last will as aforesaid, and at the time of this deponents subscribing his name, as an attesting witness thereto as aforesaid, the said testator was of sound mind and memory, of full age to execute a will and was not under any restraint. And that the said codicil now appears in all respects as when so executed without any alteration whatsoever. Subscribed and sworn this 2 day of July 1853 { John Woodruff Chester House Surrogate ---------- Cattaraugus County SS Recorded the proceeding last will and testament of Hesekiah Scovel deceased as a will of real and personal estate together with the proof taken in the Court of Surrogate of the County of Cattaraugus relating to the said last will and testament which record is hereby signed and certified by me pursuant to the provisions of the revised statutes this 20 day of July 1853. Chester House Surrogate