WILL: Daniel Ely; Farmersville, Cattaraugus co., NY
surname: Ely

submitted by Frances Bollenbach (fhb39 @ cs.com)
************************************************************************
USGENWEB ARCHIVES(tm) NOTICE:
All documents placed in the USGenWeb Archives remain the property of the
contributors, who retain publication rights in accordance with US
Copyright Laws and Regulations.
In keeping with our policy of providing free information on the Internet,
these documents may be used by anyone for their personal research. They
may be used by non-commercial entities so long as all notices and
submitter information is included.
These electronic pages may NOT be reproduced in any format for profit.
Any other use, including copying files to other sites, requires permission
from the contributors PRIOR to uploading to the other sites.
The submitter has given permission to the USGenWeb Archives to store the
file permanently for free access.

http://www.usgwarchives.org/ny/nyfiles.htm
***********************************************************************
Transcribed from SAMPUBCO photocopy by Frances Bollenbach

Cattaraugus co. NY will book vol. 4, page 9

Proceedings in Proving Will

At a Surrogate's Court, held in and for the County of Cattaraugus at the
Surrogate's Office in Ellicottville, on the Twenty Fourth day  of October A.
D. 1864

       Present, Allen D. Scott ,  Surrogate
IN THE MATTER OF
PROVING THE LAST WILL AND TESTAMENT  of
Daniel Ely, deceased

     On the Twelfth day of September A.D. 1864  Jesse B. Bixby and Leonard
B.
Williams  Executors named in a certain instrument in writing, purporting to
be the Last Will and Testament of Daniel Ely late  of the Town of Farmersville
in said county, deceased, applied in this Court to have the said instrument,
which relates to  real and Personal estate proved as the last Will and
Testament of the said deceased; and thereupon the surrogate of said County did
ascertain by satisfactory evidence the facts required by law, and did issue a
Citation in due form of law directed to the proper persons by their respective
names, and stating their places of residence, requiring them to appear before
him as his office in Ellicottville in said County, on the Twenty fourth day of
October A.D. 1864, to attend the probate of the said instrument. And
afterwards, to wit, on the day and at the place last aforesaid, due proof
byaffidavit was produced and filed in said Court of the service of the said
Citation in the mode prescribed by law, and the said applicants appeared in
person  and Rensselaer Lamb appeared as Special Guardian for John Ely and
LeRoy Ely, minors  and no other parties or persons appearing, such proceedings
were thereupon afterwards had on the said Twenty fourth day of October that
the said Surrogate took the proof in support of the said instrument as
follows:

Surrogate's Court, Cattaraugus County,
     In the matter of the Probate of the Last Will and Testament of Daniel
Ely deceased, Earl Seaman of Freedom in said county Witness  produced in
this matter, being duly sworn and examined before Allen D Scott  Surrogate of
said County, depose and say that he was acquainted with Daniel Ely late of
Farmersville in  said County, now deceased, and that he was one of the
subscribing witnesses to the Last Will and Testament of the said deceased.
And deponent further say that the said testator did did in the presence of
this deponent and Edwin W Baker and John G Wood also subscribing witnesses
thereto subscribe his name at the end of the instrument which is now here
exhibited to deponent and which purports to be the Last Will and Testament of
the said Daniel Ely  and which bears the date on the Twenty Second of April in
the year of our Lord one thousand eight hundred and fifty-seven. And deponent
further say that the said testator did, at the time of subscribing his name as
aforesaid, at the end of said Will, declare the same to be his Last Will and
Testament, and deponent & the said Edwin W Baker and John G Wood did thereupon
subscribe their names at the end of said Will as attesting witnesses thereto,
in the presence and at the request of said testator.  And deponent further say
that at the time the said testator subscribed his name to the Last Will as
aforesaid, and at the time of this deponent subscribing his name as attesting
witness - thereto, said testator was of sound mind and memory, of full age to
execute a Will, and not under any restraint.  And that said Will now apprears
in all respects as when so executed, without any alteration whatsoever and
deponent further says that said John G Wood is now dead.
         Subscribed and Sworn this 24th
day of October 1864 before me, Earl Seaman
ADScott Surrogate

Cattaraugus County SS. Edwin W Baker being sworn says he well knew Daniel
Ely in his life time.That his name signed to the attesting clause in said will
mentioned is the foregoing desposition of Earl Seaman is in the handwriting
of deponent but that deponent does not recollect of signing his name or of
seeing said Daniel Ely sign the same and has no recollection on the subject.
That deponents memory is very poor and is not at all surprised that he does
not remember of the   execution of said will. Deponent further says that he
has seen said Daniel Ely write and knows his signature and verily believes
that the signature "Daniel Ely"  signed to said will is the genuine  signature
of said Daniel Ely and that the signature John G Wood in the attesting clause 
to said will is the genuine signature of the said John G Wood now deceased
whose signature   deponent well knew.
Sworn this 24th day of October 1864
        Edwin W Baker
                                             ADScott Surrogate

In the Same Matter
  The foregoing proofs and examinations were taken before the Surrogate
aforesaid, on the  Twenty-Fourth day of October 1864 and the depostions of
the respective witnesses were by them severally subscribed after having been
carefully read over to them.  And the said Surrogate being satisfied upon
the proof taken  that the said Will in genuine and valid, and was duly
executed, and that the said testator at the time of executing the same was in
all respects competent to devise real estate, and not under restraint, doth
therefore allow the said Will, proofs and examinations to be recorded, and the
said Will Amitted to Probate.  and the said Surrogate doth order, adjudge and
decree that the said Will be, and the same hereby is established as a valid
Will of the real and personal estate of the said Daniel Ely, deceased

           Wittness, Allen D Scott    Surrogate of the County of Cattaraugus
at Ellicotville in said County the 24th day of
October A.D. 1864

A.D.Scott Surrogate

I Daniel Ely  of the Town of Farmersville in the County of Cattaraugus  and
State of  New York of the age of Seventy years and being of sound mind    and
memory to make publish and declare this my last will and testament in  the
manner following that is to say.

First- I give and bequeath to my wife Mary to be excepted  and received by her
in lieu of dower my entire Estate both real and personal of every name and
nature what soever during her life time.  

I give to my son  Christopher C Ely the sum of one dollar to my Daughter
Betsey M. one dollar, to my daughter Caroline one dollar and to the heirs of
my son Dewitt C. Ely deceased one dollar within one year after the decease of
my wife Mary.

Second-  I give and devise all the rest residue and remainder of my real
and personal Estate of  every name and nature whatsoever to my daughters
Serepta I. and Cornelia after the decease  of my said wife Mary to be divided
equally between them Share and Share alike and 

Lastly-  I appoint my Friends Jesse B Bixby and Leonard Williams Sole
Executors of this my  Last Will and Testament

    In witness whereof I have hereunto set my hand and seal this 22nd day
of April in the year of our Lord -One Thousand Eight Hundred and Fifty  Seven.

                          Daniel Ely   SS

The above instrument consisting of one sheet was at the date thereof Signed
and Sealed published and declared by the said Daniel Ely as and for his Last
Will and Testament in presence of us who at his request and in his presence
as witnesses thereto

Edwin W.Baker Residing at Farmersville, Cattaraugus Co.
John G Wood residing at Freedom Cattaraugus Co.
Earl Seaman residing at Freedom Cattaraugus Co.

State of New York
Cattaraugus County
Surrogates Office    ss
                                     Recorded the preceding  Last Will and
Testament of Daniel Ely as a will of real and  personal Estate together with
the proofs taken in the Surrogates Court in the County of Cattaraugus relating
to said will which Record is hereby signed and certified by me pursuant to the
provisions of the Revised Statutes this 24th day of October AD 1864

A.D. Scott
                                    Surrogate