WILL: Francis Town; Arkwright, Chautauqua co., NY surname: Town, Towne submitted by Nathan Towne (towne at bnl.gov) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: October 1, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 4.9 Kb ************************************************ Source: Liber 8 Of Wills, P. 440 Written: August 28 1865 Recorded: February 22 1866 In the name of God, Amen! I, Francis Town of the Town of Arkwright in the County of Chautauqua and State of New York of the age of fifty seven years and being of sound mind and memory do make publish and declare this my last Will and Testament in manner following that is to say: First: I give and bequeath to my wife Sally Town all my personal property and real estate to have and to hold the same during her natural life, and at her decease to be disposed of as hereinafter provided, and it is my will that the real estate shall not be sold or disposed of during my said wife's life. (A description of my real estate.) All that certain tract of land situate lying and being in the County of Chautauqua in the State of New York being part or parcel of a certain township which on a Map or survey of di**[?] tracts or townships of land made for the proprietors by Joseph Ellicott Surveyor distinguished by Township No. 5 in the Eleventh Range of said Townships and which said tract of land on a certain other Map or survey of said Township into lots made for the said proprietors by the said Joseph Ellicott is distinguished by the part of Lot Number Twenty one in said Township. Bounded as follows. Viz: beginning at a post in the north west corner of land deeded to Solomon Snow thence north seventy six degrees west three chains and ninety links to a post, thence north thirty two degrees west six chains seventy five links to a post, thence north sixty four degrees west fourteen chains eleven links to a post in the east bounds of land deeded to James O. Morse [symbol?] others. Thence south bounding on the land last mentioned forty two chains forty seven links to the south line of said lot. Thence East bounding on Lot Number Twenty twenty chains four links to the south west corner of the said land deeded to Solomon Snow, and thence north bounding on the land last mentioned twenty nine chains sixty one links to the place of beginning Containing Seventy Three acres and twenty five hundredths of an acre, be the same more or less according to the place laid down in the margin of the deed to me by the said Joseph Ellicott Attorney rc; together with the hereditaments and appurtenances thereunto belonging, or in any wise[way?] appurtaining, to have and to hold the premises above described to my said wife Sally Town during her natural life, to be by her accepted in lieu of a dower. Second. I give and devise (after my wife's decease) the above described real estate and all my personal property to my sons Warren Town, Charles Towne, Francis Town Jr., Alban Town and my daughter Seba Town and Viola Town, to be divided equally between them share and share alike and to their heirs and assigns forever. Third. I hereby appoint my sons Warren Town and Charles Towne Executors of this my last Will and Testament, hereby revoking all former Wills by me made. In Witness Whereof, I have hereunto set my hand and seal the Twenty eighth day of August in the year of our Lord one thousand and eight hundred and sixty five (1865.) Francis Town L. S. The above instrument consisting of two sheets was at the date thereof subscribed signed sealed published and declared by the said Francis Town as and for his last Will and testament, in 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. The interlineation of the words "to be divided" after the word Viola Town, and the words "between them after the equally was made before the enealing of this instrument. O. C. Payne, Fredonia Chautauqua Co N. Y. James P. Abbey Aukwright Chautauqua County N. Y. County of Chautauqua Surrogates Office. }ss. Be it remembered, that on the day of the date hereof the last Will and Testament of Francis Town late of the Town of Arkwright in said County deceased, (being the annexed written instrument) was duly proved before Abram Dixon Surrogate of said County, according to law, as and for the last Will and Testament of the real and personal estate of the said deceased which said last Will and Testament, and the proof and examination taken thereon are recorded in this office. L. S. In testimony Whereof the Surrogate of said County has hereunto set his hand and affixed his seal of office the Twenty second day of February 1866. A. Dixon Surrogate