WILL: Walter Covey; Venice, Cayuga co., NY surname: Covey, Bagley, Maine, Lawson, Bateman submitted by Bernie Schwindt (schwindt at ndsupernet.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: December 18,2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 15.6 Kb ************************************************ Source: sampubco.com Cayuga co NY Will Book Vol. B2 page 123 Written: June 20, 1822 Recorded: May 16, 1834 To the surrogate of the county of Cayuga The petition of Mahetable Covey of the town of Venice in the county of Cayuga, respectfully represents: That Walter Covey late of the town of Venice aforesaid, departed this life on the seventeenth day of last, that he was at the time of his death, an inhabitant of the said town of Venice, that he made and published a last will and testament and therein appointed your petitioner executrix & Peter Lawson executor thereof; that the said Peter Lawson is now deceased, that the said deceased left your petitioner his widow, that he left the following his only next of kin and heirs at law to the best knowledge of your petitioner; to wit Elisha Covey of the town of Scipio in the said county, Edward Covey of the town of Orange in the state of Ohio, Jonathan Covey of the same place, Benjamin Covey of the state of Missouri, Sally the wife of David Bagley, of the state of Ohio, Abigail the wife of Silas Maine of the state of Pennsylvania; Elder Covey, Walter Covey, James Covey, & Salome Covey whose place of residence is unknown, who are above the age of twenty one years and Anna Covey, Richard Covey, Asa Covey, & Sarah Covey, George Covey Pardon Covey, & Roswill Covey, who are minors under the age of twenty one years. That your petioner is desirous of proving said last will and testament as a Will of real estate and also that the same may be admitted to probate, & she prays that the necessary steps may be taken for that purpose. She also prays that Zadoch Batement may be appointed guardian for the said minors, for th sole purpose of appearing for and taking care of the intersts of the said minors in the proceedings in this matter Dated March 17, 1834 Mahetabel Covey (her mark) Cayuga; Mahetabel Covey the above petitoner being sworn says that the facts above set forth are true to the best of her knowledge and belief. Sworn before me this 17th day of March 1837. J. Porter Surrogate To the heirs at law of Walter Covey, late of the town of Venice in the county of Cayuga, deceased: You will take notice, that I shall apply to the Surrogate of the county of Cayuga, at his office in the village of Auburn, in said county on the twelfth day of May next at ten o'clock in the forenoon of that day to take the proof of the last will and testament of the said Walter Covey deceased, as a Will of real estate according to the form of the statute in such case made and provided, which said Will is dated the twentieth day of June in the year one thousand eight hundred and twenty two. Dated Venice, March 17, 1834 State of New York Mahetabel Covey) executrix named in said City and county of Albany will Philo A. Cole, of the city of Albany, being duly sworn, says, that he is forman in the office of the Albany Argus, and that the notice, of which the annexed is a printed copy, has been regularly published in said Albany Argus once in each week for six weeks successively, commencing on the twenty first day of March last past. Sworn before me this 29th day of April 1834 Philo A. Cole Elias Warner, Commissioner of deeds. Cayuga-Zadoch Bateman, being sworn says that he served a copy of the annexed printed notice on Walter Covey on the third day of April last by delivering said copy to him personally, and that he also served another copy of said notice on Elish Covey on the 17th day of March last; by delivering said copy to him personally. Sworn before me this 12 day of May 1834 Zadoch Bateman J. Porter, Surrogate At Surrogate Court, held at the Surrogates office in the village of Auburn in and for the county of Cayuga, on the twelfth day of May in the year of our Lord one thousand eight hundred and thirty four, before John Porter Surrogate of the said county of Cayuga, a certain instrument in writing, purporting to be the last Will and Testament of Walter Covey, late of the town of Venice in the said county of Cayuga, now deceased, was offered for proof as a Will of real estate, and also that the same should be admitted to probate; by Mehitabel Covey, Executrix named in said will and therupon the following depositions were taken; In the matter of the proof of the last Will and Testament of Walter Covey dec'd Cayuga county- Zadock Bateman of the town of Venice in the County of Cayuga being sworn in open court, testifies and says, that he waa well acquainted with Walter Covey, late of the town of Venice in the county of Cayuga, now deceased; that he was present at the time when a certan instrument in writing, which is now shown to ths deponent, and purports to be the last Will and Testament of the said Walter Covey deceased, and is dated the twentieth day of June in the year of our Lord, one thousand and eight hundred and twenty two, was executed, that he, this deponent, saw the said deceased, execute the said insturment in writing by making his mark to the same, that he heard the said deceased, publish and declare the said insturment in writing to be his last Will and Testament, that the said deceased requested this deponent to become a subscribing witness to the execution thereof; that he did so, consigned his name and was witness in the presence of the said deceased, that the said deceased was at the time of a sound mind and memory and in all respects competent to make a last Will and Testament and to devise real estate; that he was of full age and under no constraint. And the deponent further saith that after the said instrument in writing was executed as aforesaid, he, this deponent was requested by the said deceased to take it unto his possession and keep the same; that he then received it and kept it for a time, but how long this deponent cannot state; that the said deceased sent to the deponent for it, & he then carried it to the said deceased; that it was in no respects a ? while in his possession. Sworn before me this 12th day of May 1834 Zadock Bateman J. Porter, Surrogate In the matter of the proof of the last Will & Testament of Walter Covey, deceased Cayuga County- Hannah Perry of the town of Venice in the county of Cayuga, being sworn in open court testifies and says that at the time herein after mentioned her name was Hannah Holley; that she was well acquainted with Walter Covey, late of the town of Venice aforesaid, now deceased, that she was present at the time a certain instrument in writing which is now shown to her, and which purports to be the last will and Testament of the said Walter Covey, deceased, & is dated the twentieth day of June in the year of our Lord one thousand eight hundred and twenty two; was executed; that she saw the said deceased sitting at a table in his house with the said instrument in writing lying before him; that she did not see the said deceased make his mark to the same; that he soon got up from the table and declared the same insturment in writing to be his last Will and Testament, and published it as such; that after he got up from the table as aforesaid, the deponent and the other witnesses signed the said instrument in writing as witnesses thereto, in his presence and after the said witnesses had signed as aforesaid; the said deceased published and declard the said instrument in writing to be his last will and Testament; that he did not publish it, until after the said witnesses had signed it, that the said deceased was at the time of a sound mind and memory to the best knowledge of the said witness, and in all respects, competent to make and publish a last Will and Testament and to devise Real estate. That she was of full age and under no constraint; that before she had signed said instrument in writing as aforesaid, and after Daniel Holley, her father, had signed his name to it, Zadock Bateman requested this deponent to sign the same as witness, that this request was made in the presence of the said deceased, but witness does not know that the said deceased heard that request. Sworn before me this 12th day of May 1834 Hannah Perry J. Porter, Surrogate In the matter of the proof of the last Will & Testament of Walter Covey, dec'd Cayuga county- Daniel Holley of the town of Venice in the county of Cayuga, being sworn in open court testifies and says, that he was well acquainted with Walter Covey late of the town of Venice in said county, now deceased, that he this deponent was present at the time when a certain instrument in writing, which is now shown to this deponent, and which purports to be the last Will and Testament of the said Walter Covey, deceased, and is dated the twentieth day of June in the year of our Lord one thousand eight hundred and twenty two, was executed; that he this deponent saw the said deceased execute the said instrument in writing by making his mark to the same and that he heard the said deceased publish and declare the same to be his last will and testament, that he was requested by Zadock Batemen, after the said deceased had made his mark as aforesaid, and in the presence of the said deceased, and as this deponent then supposed in pursuance of the wishes of the said deceased, to become a witness to the execution of the said instrument in writing, that he did so and signed his name to the same as such witness, in the presence of the said deceased; that the said deceased was at the time of a sound mind and memory and in all respects competent to make and publish a last will and testament and to devise real estate; that he was of full age and under no restraint. Sworn before me this 12th day of May 1834 Daniel Holley J. Porter Surrogate In the matter of the proof of the last will & testament of Walter Covey, dec'd Cayuga county- Mahetabel Covey of the town of Venice in said county being duly sworn in open court testifies and says that she is the widow of Walter Covey, deceased, that about one year after the instrument in writing mentioned in the preceeding testimony of Zadock Bateman, Hannah Perry, & Danel Holley was executed she received from the said Zadock Bateman the said insturment in writing at the reqest of the said deceased, that she was ever since had the custody of the same, and has kept the same safely; that it has in no respects been altered or erased while under her care; that it remained in her custody, until it was brought to the said Surrogate for proof. Sworn before me this 12th Day of May 1834 Mahetible Covey (her mark) J. Porter, Surrogate Know all men by these presents that I, Walter Covey of the town of Scipio in the county of Cayuga and state of New York this seventeenth day of June in the year of our Lord one thousand eight hundred and twenty two make my last Will and Testament in the following manner & form being of sound mind and memory, first viewing myself far advanced in years and forseeing the infirmities of age upon me, expeting that soon I shall be called from this world to the world of spirits, think it my duty to set my house in order and settle my temporal concerns for the good of my remaining family and resign my soul and body into the hand of that God that made it for me, it is my will and I do ordain that all my just debts and funeral charges be paid out of my property and further I give and bequeath unto my well beloved wife Mahetabel the use of my house and thirty six acres of land on the south part of my farm for her benefit and the benefit of her children during her natural life and at her decease it is my will and I do ordain and decree that the said thirty six acres of land be confirmed to her children that she has had or may have by me to be divided on an equal division between them to have and to hold the same with all the appurtenances and priveleges thereinto belonging for their own benefit and behoff forever and that my well beloved wife have all my personal property that may be left after my decease. except the family tools and what may be necessary to pay all my just debts and what may be necessary to pay certain legacys to the rest of my children except my son Elisha, who will be herafter named. I also give and bequeath unto my oldest son, James Covey, one dollar out of my personal property together with what he has had and to Walter Covey, my son, I give and bequeath one dollar out of my personal property. I give and bequeath unto my daughter, Mary, one dollar out of my personal property. I give and bequeath unto my son, Jonathan, one dollar out of my personal property. I give and bequeath unto my daugher, Salla Bagley, one dollar out of my persoan property. I give and bequeath, unto my son Edward, one dollar out of my personal property. I also give and bequeath unto my daughter, Abigail, one dollar out of my personal property. I likewise, give and bequeath unto my son Benjamin Covey, one dollar out of my personal property. I also give and bequeath unto my son William Covey, one dollar out of my personal property. I give and bequeath unto my son, Elisha Covey, thirty acres of land on the north side of my farm and do by these presents confirm the same to him his heirs and assigns with all the appurtenances and privaliges therin to belonging for this sons use and benefit forever together with all my farming utensils (viz) plough chains, axes, hoes and such like things--- Hereby renouncing all former wills of whatsoever name or nature and in order that this my last Will and Testamony be executed and take effect I have appointed and do by these presents appoint my well beloved wife Mahetible and Peter Lawson my executors in witness whereof I have herunto set my hand and seal the day and date above written declaring the same to be my last Will and Testament. In presence of Daniel Holley Hannah Holley Walter Covey Zadock Bateman (his mark) I certify that the preceeding is a true record of hte proceedings proofs and examinations taken in the matter of the proof of the last Will and Testament of Walter Covey deceased and of said Will and that the same was recorded on the sixteenth day of May in the year of our Lord one thousand eight hundred and thirty four. Jn. Porter, Surrogate