WILL: William Little; Lyndon, Cattaraugus co., New York surname: Little submitted by Terry Schliewe (tks1984 @ attbi.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 Terry Schliewe Cattaraugus co NY Will Book Vol. 6 page 73 At a Surrogate's Court, held in and for the County of Cattaraugus, at the Surrogate's Office Ellicottville, on the twenty third of January 1875. In the Matter of Proving the Last Will and Testament of William Little Deceased On the Twenty Third day of January 1875. James Searle of the the Executors named in a certain instrument to be the Last Will and Testament of William Little late of the Town of Lyndon in said county, deceased, applied in this Court to have the said instrument which relates to real and personal estate, proved at the last Will and Testament of 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 person, by their respective names, and stating their places of residence, requiring them to appear before him........and the said applicant appeared in person and William C Little, Frances E Davidson and Jane S Little they being all of the heirs and next of kin of said deceased and all of ? appearing and requesting the immediate proof of said Will and Codicil and no other parties or persons appearing, such proceedings were thereupon afterwards had on the said 23rd day of January that the said Surrogate took the proof in support of the said instrument as follows: Surrogate Court. County of Cattaraugus, ss. In the Matter of Proving the Will of Willliam Little deceased. John Searle and Solomon Cummings of the Franklinville in the County of Cattaraugus aforesaid being duly sworn, do depose and say that they and the subscribing witness to the Last Will and Testament of Willliam Little late of the Town of Lyndon in the county of Cattaraugus aforesaid, decease and this deponent further say the the said William Little 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, which purports to be the Last Will and Testament of the said William Little............ Subscribed and sworn this 23 day of January 1875, before me, John McVey Solomon Cummings John Little In the name of God, Amen. I William Little of the town of Lyndon, County of Cattaraugus and State of New York being of sound mind and memory and considering the uncertainty of this frail and ? life do therefore make, ordain, publish and declare this to be my last will and testament, that is to say: First: After all my lawful debts are paid and discharged and proper and suitable grave stone shall be erected at the grave where I shall be buried, I give and bequeath to my wife Jane all my personal estate of whatever value or kind to have hold and enjoy the same with full power to sell and dispose of the same or any part thereof as she may choose to do and to use the proceeds thereof as she may desire. Second: I give and bequeath to my said info Jane the full and ? use enjoyment and occupation of all the real estate of which I may due seized during the period of her natural life. The above bequest to be accepted by my said wife Jane in lieu of dower. Third: After the decease of my said wife Jane, I give and bequeath to the United Presbyterian Church of the Town of Lyndon Three Hundred dollars to be loaned out by the trustees thereof and accrued by mortgage on productive unencumberance real estate in the said Town and to be so kept and secured during the ? of the said church and the interest whereof to be payable annually and paid annually to the said church and to be used in paying a clergyman officiating and employed by said church as pastor thereof. Fourth: I give and bequeath to my grandson William C Little two hundred dollars. Fifth: I give and bequeath to my daughter-in-law Mary Ann Little two hundred dollars. Sixth: after the decease of my said wife Jane and also after all the above bequests hall have been paid and all debts and expenses attending the settlement of my estate and also after appropriate grave stones shall have been erected at the grave where my said wife shall have been buried, I give and bequeath all the rest residue and remainder of what there may be of my estate to my grandchildren William C Little, Frances E Davidson and Jane S Little share and share alike. Seventh: After the decease of my said wife Jane, I hereby authorize and heir surviving executor hereafter named to sell all my real estate and convey by proper deeds of conveyance the value of the purchases thereof and also auctions held to sell the same on a credit in his discretion and as thereof as funds shall be received by him from time to time resulting from such sales to pay the several bequests in the order above mentioned and if the above third, fourth and fifth bequests shall not be paid ? until two years from the decease of my said wife Jane. I hereby direct my said surviving executor to pay interest on the value after the said two years from the decease of my said wife Jane and not interest to be paid on the legacies named in the sixth bequest. Eight: If at anytime hereafter the United Presbyterian Church of the Town of Lydon shall cease to exist the said principal sum of three hundred dollars hereby bequeathed to the said church shall be paid to my next of kin or heirs of my estate. Likewise I name constitute and appoint my wife Jane and my friend John Johnston of Franklinville to be executor of this my last will and testament hereby revoking all former wills by me made. In witness thereof I have hereunto subsequential ? my name and affixed my seal this Seventh day of April in the year of our Lord one thousand eight hundred and seventy four. Wm Little (LS) The above written instrument was subscribed by the said William Little in our presence and acknowledged by him to each of us; and be at the same time declared the above instrumental to be his last will and testament and made his request have signed our names and witness hereto in his presence and in the presence of each other and written opposite our names and respective places of residence and do certify that ? the line on the second page the name Jane S Little was inserted before execution. Solomon Cummings, Franklinville NY John Little, Franklinville NY Whereas I William Little of the town of Lyndon, County of Cattaraugus and State of New York have by my last will and testament ??? Seventh day of April 1874 and by which I have given and bequeathed to my grandson William C Little two hundred dollars; now therefore I do by this my writing which I do hereby declare to be a codicil to my last will and testament and to be taken as a part thereof order and declare that my will is that the sum of five hundred dollars be paid to my said grandson William C Little in addition to the said sum of two hundred dollars and lastly it is to be my desire that this codicil be annexed to and be made a part of my last will and testament as aforesaid to all ? and purposes. In witness whereof as and for a codicil to my last will and testament. I have hereto set my hand and seal this twenty second day of July in the year 1874. Wm Little LS The above testament consisting of one sheet was at the date thereof signed sealed and published and declared by the said Willm Little as a codicil to his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto and written opposite our names our respective residence and we certify that the name Little was herein inserted before execution. Solomon Cummings, Franklinville New York John Little, Franklinville New York State of New York Cattaraugus County Surrogates Office Recorded the preceding last Will and Testament