WILL: Walter Covey; Scipio, Cayuga co., NY surname: Covey, Bateman, Fitch, Way, Smith 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: 13.9 Kb ************************************************ Source: sampubco.com Cayuga co NY Will Book Vol. M page 152 Written: January 3, 1855 Recorded: February 16, 1858 WALTER COVEY To the Surrogate of the county of Cayuga; the petition of Arza H. Covey of the town of Scipio, county of Cayuga, and state of New York; respectfully showeth that Walter Covey late of the town of Scipio in the county of Cayuga aforesaid, departed this life on or about the fourteenth day of August in the year of our Lord one thousand eight hundred and fifty seven, that the said deceased was at the time of his death an inhabitant of the said county of Cayuga, that he has left a last will and testament which is dated the third day of January in the year of our Lord one thousand eight hundred and fifty five, that in and by the said Will the said deceased appointed Mary Ann Covey and your petitioner exectures therof; that the said deceased left the following heirs at law and next of kin to wit; Bestsey Covey, Mary Ann Covey, Alva Covey, Clarinda Covey of Scipio aforesaid, Adah Z. Smith, Arabella Way of Republic, Seneca county, Ohio, James H. Covey of Manchester, Delaware county in the state of Iowa, and your petitioner children of the deceased, that the said deceased left no widow, that said Will relates to both real and personal estate, that your petitioner is desirous of proving said last Will and Testament as a Will of real and personal estate, that the same may be recorded as such in pursuance of the statute in such case made and provided your petitoner therefore prays the Surrogate aforesaid that the necessary steps may be taken before him for that purpose Dated December 21, 1857 A.H. Covey Cayuga county- Arza H. Covey, the above petitioner being duly sworn deposes and says that the facts stated in the above petition by him signed are true to the best of his knowledge and belief. ----A. H. Covey Sworn this 21 day of December 1857 bofore me, Jacob R. Hon Commissioner of Deeds for the city of Auburn. We the people of the state of New York, by the grace of God free and independent to Betsey Covey, Mary Ann Covey, Clarinda Covey of Scipio, Cayuga county, Adah Z. Smith, Arabella Way, of Republic in the county of Seneca and state of Ohio, James H. Covey of Manchester, Delaware county in the state of Iowa, heirs at law and next of kin of Walter Covey late of Scipio aforesaid send greeting; you and each of you are hereby cited and required personally to be and appear before our Surrogate of our county of Cayuga at his office in Auburn in said county on the sixteenth day of February next at ten o'clock in the forenoon of that day to attend the proof of probate of the last will and testament of the said deceased, which relates to both Real and personal estate and is presented for probate by Arza H. Covey, Executor therein named therof fail not. In testimony whereof we have caused the seal of office of our said Surrogate to be hereunto affixed. Witness Jacob R. Hon Surrogate of said county, at Auburn the twenty sixth day of December in the year of our Lord one thousand eight hundred and fifty seven. Jacob R. Hon Surrogate We hereby admit, personal (?) of a copy of the within citation more than fifteen days before the return day thereof, Betsy Narcissa Covey, Clarinda Covey, Mary A. Covey, Alva Covey, in presence of A. H. Covey. State of new York, city and county of Albany- George W. Quackenbush of the city of Albany, being duly sworn says he is a foreman in the office of the Albany Evening Journal, the state paper, published in the city of Albany and that the notice of which the annexed is a printed copy, has been regularly published in said Albany Evening Journal once in each week for six weeks successively commencing on the thirtieth day of Dec. 1857. Geo. W. Quackenbush, Sworn befoe me this 11th day of Feb. 1858, P. L. Ten Eyck, Com of Deeds At a Surrogat court held at eh Surrogates office in the cityof Auburn in and for the county of Cayuga on the sixteenth day of February A.D. 1858. Present Jacob R. Hon, Surrogate An instrument in writing purporting to be the last Will and Testament of Walter Covey, late of Scipio in said county, deceased, was offered for proof and probate as a will of real and personal estate pursuant to the statute on filing due proof of the publication and service of the citiation issued in this matter the same was now brought in to be heard and both of the subscribing witnesses to said will were produced in open court and testified as follows; In the matter of the proof & probate of the last Will & Testament of Walter Covey Deceased County of Cayuga-Ezra W. Batemean of Venice in said county being duly sworn deposes and says, I was well acquainted with Walter Covey late of Scipio in said county, deceased. And was present when a certain instrument in writing now here shown to me; dated the 3rd day of January 1855 and purporting to be the last Will and Testament of the said deceased was executed. I saw the deceased execute said instrument by signing his name to the same, I heard him piublish and declare the same to be his Last Will and Testament, the deceased requested me to become a subscribing witness to the execution thereof, I did so by signing my name thereto as such witness in his presence, the said deceased was in my opinion at the time of he execution of said instrument of a sound and disposing 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 that I know of. I drew up said instrument at the request of the said deceased, I have now examinded the same carefully and find no alterations or erasures thereon since its execution, I believe it to be in the same situation in all respects as it was when executed by the said deceased, E. W. Bateman Sw3ear this 11 day of February 1858 before me Jacob R. Hon Surrogate, In the matter of the proof of probate of the last Wilol an Testament of Walter Covey, deceased Cayuga county-Morrell S. Fitch of Auburn in said county being duly sworn says I was well acquainted with Walter Covey, late of Scipio in said county, deceased, I was present when a certain instrument in writing now here shown to me, dated the third day of January A.D. 1855 and purporting to be the last Will and Testament of the said deceased, was executed, I saw the deceased execute said insturment by signing his name to the same, I heard him publish and declare the same to be his last Will and Testament. The deceased requested me to become a subscribing witness to the execution thereof. I did so and signed my name thereto as such witness in his presence, the said deceased was in my opinion at the time of the execution of said instrument of a sound and disposing 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 that I know of. Morrell S. Fitch Sworn this 16th day of February 1858 before me Jacob R. Hon, Surrogate. WILL Know all men by these presents that I, Walter Covey of the town of Scipio in the county of Cayuga, aged seventy eight years and upwards, deeming it important to make suitable provision for the distirbution of my property, make, publish and declare this my last Will and Testament (viz) First; that so much of my homestead far as is situated in the North East corner of the highway that is bounded on the west and south by the highway, on the north by lands owned by Charles D. Fitch and on the east by lands of John Snyder be possessed by my son Arza H. Covey from and after my decease and all of said land so bounded to be his sole property except three acres by me purchased of John Snyder, provideed said Arza H. shall render such aid in taking care of me in sickness or weakness of old age as my be required and shall procure a decent burial of my body after my death and also shall cause a marble tombstone set in a base to be placed at my grave. Second;I give and bequeath to my grandson, Jehial Covey, the three acres above excepted to be his sole property after he shall be twenty one years of age the use and rents of the same to arise to my son Arza until said Jehial shall be of age, said Arza to appropriate said use to educating said Jehial. Third; I give and bequeath to my three daughters, Betsey Covey, Clarinda Covey and Mary Ann Covey the rest of my farm to be their joint property so long as they shall elect to hold the same; but in the event of a sale, as herinafter provided, the avails of such sale shall be so divided that said Clarinda shall receive the sum of two hundred dollars more that either of the others, Also I give to said three daughters all my household goods and effects and one cow for each one; provided said daughters shall each render such assistance in my sickness or weakness of age as their circumstances will permit, without charge or claim, against my estate or against any legatee herin named. Fourth, I give and bequeath to my two sons, Arza H. Covey and Alvah Covey all my personal property not herin otherwise provided for to be equally divided between them on conditin that they pay all debts justly due from me at my decease. Fifth, I direct that my exeutors sell and convey by a good and proper deed to the purchaser the portion of my farm assigned or given to my three daughters named in the third section of this instrument when they shall be so required to do so by said Betsey Covey and Mary Ann Covey. Sixth, Whereas my daughter Clarinda is out of sound mind and hence is incompetent to provide for her support now, therefore I direct my executors, whenever a date of said lands shall be made as provided herinbefore to invest so much of the avails as will by this instrument belong to Clarinda Covey in good real estate securities and appreciate so much of the interest accruing upon the same and so much of the principal as may be necessary to the support and sustenance of said Clarinda and said executors are directed to reinvest such sums as may be paid in together with any surplus of interest not required for her support from time to time during her life, said Clarinda to be cared for and supported by her sisters Betsey and Mary Ann or one of them, as their cirumstances permit and in the event of their providing suitably for her until her death whatever amount of principle and interest so invested for her benefit which may be unexpected in her care and support shall belong to the one who shall have provided for her or it shall belong to both if both shall have contributed to such support. Seventh; I having at sundry times advanced several sums in aid of my son James H.Covey and my daughters Adah Smith and Arabela Way, I deem it proper to omit bequeathing anything to either of them by this instrument; such omission is not through any want of affection, or good will, but that this distribution may be right and proper. Eight;The bequest herein before made shall be held to compensate each one named in full, for all claims for labor or services rendered in my family or hereafter to be rendered in carrying on my affairs, except in so far as I shall emunerate said legate prior to my decease, to the end that there shall be no other compensation allowed beyond said requests, Ninth; I direct that my son Arza H. Covey in consideration of the bequest herein made to him, pay towards the debts which may exist against me the sum of one hundred dollars, and in case there is not so much debts against me then said Arza shall pay the same or such part as is not required to cancel the debts to my son Alvah, such sum to be paid two years after my decease. Tenth; in order to have this fully executed I nominate for executors my son Arza H. Covey and my daughter Mary Ann Covey, In testimony whereof I have hereunto set my hand and seal the 3rd day of January A.D. 1855. Walter Covey, (LS) This instrument was subscribed by the testator in our presence he declaring it to be his last will and testament and we at his request subscribe our names as witnesses, E. W. Bateman, residing in Venice, Cay. Co., Morell S. Fitch, resicende in Scipio, Cayuga county. I hereby certify that the preceding is a true record of the proceedings proofs and examinations taken before me in the matter of the proof and probate of the Last Will and Testament of Walter Covey, late of the town of Scipio in said county of Cayuga, deceased as a will of real and personal estate and also of the said Will and that the same were recorded on the sixteeth day of February one thousand eight hundred and fifty eight. Jacob N. Hon, Surrogate