WILL: Daniel Nichols; Peru, Clinton, New York *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm http://ftp.rootsweb.com/pub/usgenweb/ny/clinton/wills/vk/nichols-daniel.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 10.0 Kb *********************************************************************** Source: sampubco.com Clinton co NY Will Book Vol. K page 220 Written: April 17, 1869 Probated: June 5, 1870 File contributed for use in USGenWeb Archives by: Lyla Dove lylatov@verizon.net June 19, 2007, 8:45 pm Surnames mentioned in Will Nichols, Thew, Watson, Sherman, Cole DANIEL NICHOLS Clinton County ss Be it remembered that heretofore, to wit on the 5th day of June 1879 the Last Will & Testament of Daniel Nichols late of Bridport in the State of Vermont deceased leaving as sets in the said County of Clinton & State of New York, was in due form of law duly admitted to probate by the Surrogate of said County & duly established as a Will of real estate & personal property and by him ordered to be recorded with the proofs and examinations taken in respect thereto. The said Last Will and Testament, and the said proofs and examinations taken in respect thereto & on proof thereof, as herein & hereby recorded as follows that is to say. WILL The last Will and Testament of Daniel Nichols of Peru in the County of Clinton and State of New York. Firstly, I the said Daniel Nichols do hereby appoint my sons John D. Nichols and Henry Nichols, Executors of this my last Will and Testament and revoke all former Wills by me made. Secondly, I direct my executors to pay all my just and lawful debts and funeral charges. Thirdly, I give and bequeath to my wife Rheuamy Nichols, in lieu of her rights of dower in my estate, the sum of One hundred and twenty five dollars annual as long as she shall remain my widow the same to be paid to her in semi yearly payments. I also give and bequeath to her during the time aforesaid for her personal use only the north wing of the house in which I now reside with the kitchen and bedroom attached on the west; also the room we now occupy as a pantry, together with the hall bedroom up the stairs and necessary room in the cellar with right of way to and from the same. I also give and bequeath to her one cow, and the keep for the same and all necessary firewood filled and prepared at the door for the stove. I also give and bequeath to her all the household furniture now used by us, the same to be at her disposal. Fourthly, I give devise and bequeath to my son John D. Nichols and his heirs my home farm on which I now reside, containing one hundred and fifty acres, subject however to the provisions herein-contained in favor of my wife; he being required to pay her in semi yearly payments the said annual sum of one hundred and twenty five dollars, to keep and mike her cow, and provide for and prepare the fuel for her use. I also give and devise to him and his heirs the equal undivided one half part of all the cedar trees and timber standing and growing on eighty-five acres of land on Thorp's Patent. Bought by me of the estate of Joseph Lapham deceased, with the right to have the same remain there as living as he may choose. I also reserve from the foregoing devise to my son the original woods and deed half part of the old first growth pine trees and timber standing and being on the west end of my home farm. This devise is also subject to the payment by my son John to my son Henry of the sum of five hundred dollars at the times and in manner hereinafter stated. Fifthly. I give devise and bequeath to my son Henry Nichols and his heirs the fifty acres of land situate in Peru, known as the Fish place; also eighty four acres of land on Thorp's Patent, bot of the estate of Joseph Lapham, excepting and reserving to my son John one half of the cedar. Also twelve acres of land in the pine woods lying north of and adjoining the road leading westerly from Friends Meeting House, also one half of the old first growth pine trees standing on the west end of my home farm with the privilege of having the same remain there until he wants to use them. I also give and bequeath to him and his heirs the sum of five hundred dollars herein above mentioned to be paid to him by my son John. Sixthly. I give and bequeath to my grand daughter Helen M. daughter of Erastus Thew and her heirs the sum of two hundred dollars payable in three years after my decease, one half thereof to be paid by my son John and the other half by my son Henry. Seventhly. The eighty four acres on Thorp's Patent being lease land. I direct that my son Henry shall pay the rent until such time as my sons shall be ready to pay the principal at which time each son shall pay one half thereof. Eighthly. In respect to the five hundred dollars herein directed to be paid to Henry by my son John, it is to be paid whenever the said Henry wants it and if paid during my life it shall be in full of the bequest herein contained. In witness whereof I have hereunto set my hand and seal this seventeenth day of April 1869. /s/ Daniel Nichols, L.S. Signed, Sealed published and declared by the said Daniel Nichols as and for his last will and testament in the present of us who have at his request and in his presence and in the presence of each other hereto set our names as subscribing witnesses. Thos. B. Watson, Peru, Clinton Co., NY Pliny Sherman, Peru, Clinton Co., NY PROOFS Surrogate's Court Clinton County New York ) Examination of witnesses taken in open In the matter of the probate of the Last Will ) court before W.C. Watson, Jr., Surrogate And Testament of Daniel Nichols late of ) of Clinton County, N.Y. Bridport, Vermont leaving assets in said ) County of Clinton, ) Deceased State of New York Clinton County Thomas B. Watson of Peru in the County of Clinton and State of New York being first duly sworn and examined in open court in his oath do espouse and says that he was personally acquainted with Daniel Nichols aforesaid deceased, that he and one Pliny Sherman of Peru aforesaid are the subscribing witnesses to the last will and testament of said Daniel Nichols late of Peru in said County of Clinton deceased, and this deponent further says that the said Pliny Sherman subscribe his name at the end of the instrument which is now here shown to his deponent & affixed proper date and purporting to be his last will and testament and bearing date on the 17 day of April 1869, that the said deceased at the time of so subscribing his name to the said instrument did declare the same to be his last will and testament that his deponent & said Pliny Sherman did thereon subscribe their names at the end of the said instrument as attesting witnesses to the execution thereof, at the request of the said deceased in his presence and in presence of each other; that the said deceased at the time of so subscribing his name thereto was a citizen of the United States, upwards of twenty one years of age and that he appeared to be of sound mind memory and understanding, and was not under any restraint to the knowledge or belief of this deponent. That the said Pliny Sherman lives now in the town of Peru aforesaid, but from old age & infirmity has become so imbecile in mind as to be incapable of intelligently testify as to the execution of the said will. That the signature Pliny Sherman Clinton Co., NY is the true executable signature in the handwriting of the said Pliny Sherman & was signed by him in presence of deponent on 17th April 1969. Taken, subscribed and sworn to this ) 5th day of June 1879 before me in ) Open court ) Thos. B. Watson W.C. Watson, Jr., Surrogate ) Surrogates County Clinton County New York In the Matter of the Probate of the Probate of the ) Last Will & Testament of Daniel Nichols late of Bridport ) Vermont leaving assets in the said County of Clinton ) Deceased ) State of New York Clinton County SS Frank H. Cole being duly sworn says that he is a practicing physician & resides in Peru in said County of Clinton and has been a practicing physician for 30 years. That he known Pliny Sherman & has known him for 22 years. That he known his handwriting, that the signature Pliny Sherman signed to the Will of Daniel Nichols here produced & shown this deponent is the true & veritable signature of said Pliny Sherman said will being date 17th day of April 1869. That the said Pliny Sherman is not now of sound mind but is partially imbecile from the effect of softening of the brain & is now wholly incapable of intelligently testifying as to the execution of the said will. Subscribed & sworn before me this 5th day of June 1879. ) W.C. Watson, Jr., Surrogate ) F.H. Cole Clinton County ss It appearing from the proofs and examinations heretofore taken in respect to the Last Will and Testament of Daniel Nichols late of Bridport Vermont deceased, leaving assets in said County of Clinton, that the said Will was duly and in the form of law executed by the said deceased and that at the time the said Daniel Nichols executed the same he was in all respects competent to devise real estate and not under any restraint and that the proofs and examinations taken in respect hereto and on probate thereof are sufficient and that the said Last Will and Testament is a valid will of real estate and personal estate and the same having been so adjudged and established by the Surrogate of the County of Clinton, the said Last Will and Testament and the said proofs and examinations taken in respect thereto are herein and truly recorded, signed and certified pursuant to the provisions of the Revised Statutes this 5th day of June 1879. W.C. Watson, Jr., Surrogate Additional Comments: Daniel's first wife is unknown. Daniel married second my great-great-great aunt, Rhuhama Meader (daughter of Joel Meader and Rebecca Austin). She appears to have to raised his three children.