WILL: David L. Relyea; Cato, Cayuga co., NY
surname: Relyea, Terpening, Nearing

submitted by Ivy Hawes (oyicroe @ earthlink.net)
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Transcribed from SAMPUBCO photocopy by Ivy Hawes

Cayuga co NY Will Book vol. 6 page 171

To the Surrogate of the county of Cayuga:  The Petition of John Nearing of the
town of Cato county of Cayuga  state of New York respectfully _______; That
David L. Relyea late of the town of Cato in the county of Cayuga aforesaid
departed this life on or about the 20th day of May in the year of our Lord one
thousand eight hundred and sixty-six.  That the said dec'd was at the time of
his death an inhabitant of the said county of Cayuga.  That he has left a last
will & testament which is dated the 25th day of Feburary in the year of our
Lord one thousand eight hundred and sixty-two.  That in & by the said will the
said deed impowered your petitioner an Executor thereof.  That the said deed
left the following heirs at law & next of him to wit; Elizabeth Terpening of
Reading Hillsdale Co Michigan, Jacob Relyea of Bellevue Ohio & H. J. Nearing
of Cato Cay. co.  N. Y. children of said dec'd.  That he left no widow.  That
said will relates to both real & personal estate.  That the entire value
thereof does not exceed $4500.  That your petitioner is desirous of proving
said last will & testament as a will of real & personal estate.  That the same
may be recorded as such, in pursuance of the estate in each case made &
provided.  Your petitioner therefore prays the Surrogate aforesaid that _____
every step may be taken before him for that purpose.  date May 24, 1866.   
John Nearing Cayuga (LS)  John Nearing.  The above petitioner being sworn
deposes & says that the facts stated in the afore petition by him signed are
true to the best of his knowledge & belief John Nearing sworn this 24th day of
May 1866 before me. Wm B. Woodin Surrogate.

The people of the state of New York to Elizabeth Terpening of Reading
Hillsdale county Michigan, Jacob Relyea of Belle Vue Ohio & H. Jane Nearing
heirs at law & next of him of David L. Relyea late of Cato County dec'd and
grieving.  Whereas John Nearing of Cato Cayuga county has lately applied to
our Surrogate of the county of Cayuga for the proof of the will of David L.
Relyea late of Cato in said county dec'd.  Which said will relates to both
real and personal estate.  Herefore you & each of you are directed and
required to appear at the office of the said surrogate in the city of  Auburn
on the 7th day of July next at ten o'clock in the forenoon of that day &
attend the probate of the said will.  In testimony whereof we have caused the
seal of office of the surrogate to be hereunto affixed (LS) Witness Wm B
Wooden Surrogate of the county of Cayuga at the Surrogate office in the city
of Auburn this 24th day of May in the year of our Lord one thousand eight
hundred and sixty-six.  Wm B. Woodin Surrogate State of New York city & county
of Albany as George W. Luadrentrist of the city of Albany being duly sworn
says that he is the Foreman in the office of the Albany.  Evening journal the
state paper published in the city of Albany & that the notice of which the
______ is printed copy has been regularly published in said Albany Evening
Journal once in each week for six week succesively commencing on the
twenty-sixth day of May 1866.  George W. Laudrentrist.  Sworn before me this
6th day of July 1866.  B Ten Eyck commissioner of deeds.  They are designed
heirs at law and next of him of David L. Relyea late of Cato N.Y. dec'd do
hereby admit due personal service of the with citation upon us this 24th day
of May 1866   Jacob D. Relyea  H. Jane Nearing in presence of John Nearing.

                         At Surrogate court held at the Surrogate office 
                         in the city of Aburn in & of the county of
Cayuga 
                         on the 7th day of July A.D. 1866
                              Present Wm. B. Woodin Surrogate.

An insterment in writing purported to be the last will & testament of David L.
Relyea late of the town of Cato in said county dec'd was offered for proof and
probate as a will of real & personal estate pursuant to the estate in such
case made & provided.  In filing due proof of the service & publication of the
citation heretofore issued in this matter before the heirs at law & next of
him of the said dec'd as required by law is ordered that this matter be
brought on to be heard  both of the subscribing witnesses to said will were
produced in open court and testified as follows.

In the matter of the proof & 
probaae of the last will & test-
ament of David L. Relyea dec'd

Cauga county is; J. Sprague Worley of the town of Cato in said county being
duly sworn says; I was  well acquainted with David L. Relyea late of the town
of Cato in the county of Cayuga aforesaid dec'd.  I was present when a certain
insturment in writing, now here shown to me bearing the date  the 25th day of
February A.D. 1862 purporting to be the last will & testament of the said
dec'd was executed:  I saw the dec'd execute the same by signing his name at
the end thereof.  I heard him publish & declare the same to be his last will &
testament, the dec'd requested me to become a subscribing witness to the
execution there of.  I did so & signed my name thereto as such witness in his
presence.  The said dec'd was in my opinion at the time of the executing of
said insturment of a sound & disposing mind & memory in all respects competent
to make & publish a last will & testament & to devise real estate.  That he
was of full age & under no restraint that I know of.  I drew the will at the
request of the dec'd.  It is the same now in all respects as when executed by
him.  J. Sprague Worley.  Subscribed & sworn to this 7th day of July A.D. 1866
before me Wm. B. Woodin Surrogate

In the matter of the proof &
probate of the last will  & test-
ament of David L Relyea dec'd

Cayuga county is  Edgar C. Rockwell of the city of Buffalo Erie county being
duly sworn says I was well acquainted with David L. Relyea late of the town of
Cato in the county of Cayuga afore said dec'd.  I was present when a certain
insturment in writing now here shown to me bearing date the 25th day of
February A.D. 1862 & purportng to be the last will & testament of the said
dec'd was executed.  I saw the dec'd exceute the same by signing his name at
the end thereof.  I heard him publish & declare the same to be his last will &
testament.  The dec'd required me to be come a subscribing witness to the
execution thereof.  I did so & signed my name thereto as such witness in his
presence.  The said dec'd was in my opinion at the time of the execution of
said insturment of a sound & disposing mind & memory & in all respects
competent to make & publish a last will & testament & to devise real estate &
sworn to this 7th day of July A.D. 1866 before me Wm. B Woodin Surrogate. 

 Cayuga county is - I John  Nearing do solemnly swear that I will well
honestly & faithfully discharge the duty of executor of  the last will &
testament of David L. Relyea dec'd according to law.

John Nearing sworn & subscirbed this 7th day of july A.D. 1866 before me Wm. B
Woodin

In the name of God amen.  I David L. Relyea of the town of Cato in the county
of Cayuga & state of New York of the age of sixty-seven & upwards & being of
sound mind & memory well knowing the frailty & uncertainty of this mortal life
& being desirous of making a just & equitable distriburtion of  such effects
as I may leave at my decease do make publish & declare this my last will &
testament in manner following, that is to say:  First I direct all my just
debts & libilities exsisting at the time of my decease & the expenses of my
funeral to be paid in full out of my personal estate - Second:  All the rest &
residue of my personal estate I give & bequeath unto my dearly beloved wife
Henena Relyea.  Third: I give unto my said dearly beloved wife Helena the use
of all the real estate of which I shall die siezed for & during the rest of
her natural life.  Fourth: In case my said wife Helena shall desire that the
real estate of which I shall be siezed or any part thereof be sold then & in
that case I direct my executors hereafter named to sell & dispose of the same
for the best price that can be obtained therefore & to keep the purchase price
there of invested in bond and mortgage on unincumbered real estate of
suffiecent value to render the investment safe, the interest therein to be
paid annually to my said wife Henena for & during the term of her natural life
____ interst & that only to be her absolute property for life.   After the
decease of my said wife Helena, I direct my executors herein after named to
convert all the rest & residue of my estate unto money & without any necessary
delay & by & with the same ____ to pay to my daughter Elizabeth wife of Lucas
Terpening the sum of one thousand dollars &  Seventh:  To pay to my daughter
Helena Jane wife of John Nearing the sum of one thousand dollars & Eighth all
the rest & residue of my estate of every name  kind and nature I give to my
son Jacob D. Relyea & lastly for the full & perfect carrying into effect of
this insturment according to its true interest and meaning I hereby make
nominate & appoint my said wife Helena Executirx & my son in law John Nearing 
executor of this my last will & testament hereby ratifying and confirming all
that they may lawfully do or cause to be done in the ____ hereby revoking all
former will by me made.  In witness whereof I have hereto set my hand & seal
this twenty-fifth day of February eighteen hundred and sixty-two    David L.
Relyea (LS)  The above insturment consisting of one side of one half sheet of
paper & what follows above on this side of the same half sheet of paper was at
the date thereof signed, sealed, published & directed by the said David L.
Relyea as & for his last will & testament in presence of me who at his request
& in his presence & the presence of each other have subscribed our names as
witnesses hereto.    J Sprauge Worley residing in Meridian Cayuga Co N. Y.  
Edgar C. Rockwell Meridian Cayuga co. N.Y.


I here certify that the preceeding is a true record of the proceedings,
proofs, & examinations had before me in the matter of the proof & probate of
the last will & testament of David L. Relyea late of the town of Cato in the
county of Cayuga dec'd as will of real & personal estate & also of the said
will & the same was recorded July 7th 1866                      Wm. B. Woodin
                         Surrogate