WILL: Daniel Burton;  New Lebanon, Columbia co., NY 
surname: Burton, Gage

submitted by Karolyn Campbell (campbelldo @ aol.com) 
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Submitted Date: January 31, 2004
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Source: SAMPUBCO photocopy 
Columbia Co NY Will Book Vol M page 456
Written: March 8 1854
Recorded: October 29 1862

Columbia County:  Be it remembered that heretofore to wit on the sixth day of 
August in the year of our Lord one thousand Eight hundred and sixty two, Ruth 
Burton the sole Executrix named in the Last Will and Testiment of Daniel
Burton late of the Town of New Lebanon in the County of Columbia deceased,
appeared in open Court before the surrogate of Columbia County and made
application to have the said Last Will and testament relating to real and
personal Estate, proven and admitted to probate.  And on such application the
said Surrogate did ascertain by satisfactory evidence under oath who were the
widow, heirs and next of kin of said deceased and their respective places of
residence.  And all of them appearing to be of full age the said surrogate did
thereupon give a Citation in due form of law directed to the said widow, heirs
and next of kin by their respective names, and stating their respective places
of residence requiring them to appear before said Surrogate at his office in
the city of Hudson on the twenty ninth day of September last past then and
there to attend the probate of said Will and afterwards to wit on the said
twenty ninth day of September satisfactory proof by affidavit was produced and
presented to said Surrogate of the due service of the said Citation on Abraham
Burton personally and by publication on Lois A Gage wife of Mortimer Gage and
the said Mortimer Gage residing at Wynona in the State of Minnesota - and
thereupon the said surrogate did give a further citation directed as aforesaid
and acquiring said persons to appear at the place aforesaid on the twenty
ninth day of October last the day to which the said matter was adjourned to
attend the probate of said Will and afterwards to wit on the said twenty ninth
day of October satisfactory proof by affidavit was produced and presented to
said Surrogate of the due and personal service of said Citation on said widow
and the surviving heirs and next of kin of said deceased.  And the said
Surrogate Executrix having appeared in person and by Council, and Abraham A 
Burton an heir at law also appearing in person in support of the proof of said 
Will and no other persons appearing.  Such proceedings were thereupon had 
afterwards that the surrogate took the proof of said Will hereinafter set
forth upon this the ninth day of October in the year one thousand eight
hundred and sixty two: which said the Last Will and Testament and the proofs
thereof are as follows that is to say,

The Last Will and Testament of Daniel Burton of the Town of New Lebanon,
County of Columbia and State of New York--

I, Daniel Burton, considering the uncertainty of this mortal life and being of 
sound mind and memory, do make and publish this my last Will and Testament in 
manner and form following (that is to say)

First, I give and bequeath unto my beloved wife Ruth Burton all the lands and 
tenements of which I am now or may hereafter be posessed together with all the 
claims that I may have as heir at law to the property now in the possession of
my mother-in-law for and during the term of her natural life--

2nd, I give and bequeath unto my daughter Louis (Lois) A Gage the sum of
twenty dollars to be paid her within one year after the death of my wife Ruth
Burton--

3rd, I give and bequeath unto my daughter Lavinia Burton the sum of one dollar
to be paid her within one year after the death of my wife--

4th, I give and bequeath unto my daughter Lovica Burton the sum of One Dollar
to be paid her within one year after the death of my wife--

5th, I give and bequeath unto my other children, viz: Henry Burton, Stephen 
Burton, Abram A Burton, Sabrina Burton & Julia Burton all my real estate to be 
divided equally between them after the death of my wife Ruth Burton and Lastly
as to all the rest residue and remainder of my Personal Estate, goods &
chattels of what kind and nature soever I give and bequeath the same to my
beloved wife Ruth Burton on condition of her paying all the legal charges
against my Estate and hereby appoint her sole Executerix 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 eighth day of
March in the year of our Lord one thousand eight hundred and fifty four.

                                              Daniel Burton (his mark)
Witnesses:
Gilbert Green
Marvin Sackett

Chas Esselstyn Surrogate