WILL: Nathaniel Gay; Preble, Cortland co., NY surname: Gay, Van Hosen, Ross, Philips, Webster, Coop submitted by Margaret Williams (mdjwilly at earthlink.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: March 5, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 7.4 Kb ************************************************ Source: sampubco.com Cortland County Will Book Volume A, Pg 41 Written: September 13, 1828 Recorded: October 13, 1834 Proof of the Will of Nathaniel Gay At a surrogate court held at the surrogates office in the town of Homer in and for the County of Cortland on the thirteenth day of October 1834 before Townsend Ross, Surrogate of said County, for the purpose of proving the last will and testament of Nathaniel Gay, late of the town of Preble in said County deceased that the same may be recorded as a will of real and personal property and that letters testamentary thereupon on the application of Mary Gay, widow of the said Nathaniel Gay, deceased, and executrix in said will named at which time and place aforesaid the said Mary in her own proper person appeared and also number of the heirs of the said Nathaniel Gay deceased and a renunciation of Jacob J Van Hosen an executor in the said will of the said Nathaniel Gay deceased named by which the said Jacob J Van Hosen renounced all right of serving as executor in said will and wished the said will proved and recorded. No objection being made – whereupon the said Mary proved the due service of the notices and citations on the heirs at law of the said Nathaniel Gay to attend the proving the said will at the time and place aforesaid. It was also proved that the said Nathaniel Gay was a resident of the town of Preble in the County of Cortland and departed this life in said County and left personal property in said County and that Mary Gay had the custody of said will until delivered the surrogate. It was further proved at the time and place last aforesaid by Jabez B Philips, Jehial Webster and John W Coop the subscribing witnesses to the said will that they subscribed their names as witnesses to an instrument in writing which was produced in court and shown there to each of them and which purported to be the last will and testament of Nathaniel Gay deceased bearing date the thirteenth day of September one thousand eight hundred and twenty eight that they heard the said Nathaniel Gay declare the same to be his last will and testament and that each of them did subscribe their names as witnesses thereto at the request of the said Nathaniel Gay and further that at the time thereof the said Nathaniel Gay was of sound mind and memory of full age and not under any restraint. The foregoing proofs and examinations taken before me the surrogate aforesaid at the time and place aforesaid and the depositions of the respective witnesses were by them respectively subscribed after having been carefully read over to them and I the surrogate being satisfied upon the proof taken that the said will was duly executed that the said testator at the time of executing the same was in all respects competent to make the same and not under any restraint I the surrogate aforesaid do allow said will to be recorded – I do therefore order that letters testamentary ____ thereon witness Townsend Ross Surrogate aforesaid the day and year first aforesaid. The last will and testament of Nathaniel Gay In the name of God, Amen. I, Nathaniel Gay, of Preble in the County of Cortland and State of New York, viewing the certainty of death and being of advanced age and infirm in body of a sound mind and memory blessed be Almighty God for the same do make this my last will and testament in form following, to wit, I commit my soul to God believing in the Lord Jesus Christ and in hope of a blessed immortality and my body to the dust to buried in a decent Christian manner, and as respect my earthy effects which it has pleased God to bestow on me and shall remain at my decease. I give as follows First, I give to my bellowed wife Mary, all my real and personal property so long as she remains my widow or lives in a single state and it is my will that my three youngest boys to wit, John, Robert M. and Albert shall work the farm and have one-half the product of the same. And whenever she, the said Mary, remarried or at her decease, then it is my will and I hereby give and bequeath all my personal to the above named three boys and likewise all my real estate to a farm on Lot No. Sixty Five in Preble containing one hundred and nineteen acres more or less not be divided between them until my youngest son shall arrive at the age of twenty one years and then each retaining equal shares in the property, the farm aforesaid, is to be and I do hereby declare it to be the property of the said John, Robert M. & Albert subject to the bequest here before made to my wife Mary as aforesaid and I do hereby order and direct that the three boys as above mentioned pay the following legacies to wit to my son Thomas – fifty dollars, to my son William one hundred dollars one half in grain or real stock and the other half in money to be paid in three years after the property comes into their hands by the marriage or decease of their mother & I do hereby order the said boys to pay to their sisters to wit, Comfort, Catherine, & Ity each one good cow whenever they or either of them want them after one year after my decease and the said girls Comfort, Catherine, and Ity must be paid in household furniture as much as I gave either of my daughters which are married, or of my household furniture now on hand and at the decease of my wife it is my will that all the household furniture that shall remain shall be equally divided between my five daughters to wit, Rebey, Comfort, Amy, Catherine and Ity to be divided by them and I further order that no interest is to be due on any legacy until said legacy becomes due then if not paid to draw interest until payed - & further I order that all my just and lawful debts and funeral charges be paid by my executors hereafter named out of the personal property _ & I hereby appoint my wife Mary & my son-in -law Jacob J Van Hosen joint executors of this my last will and testament - & I do further order that my three daughters that are unmarried are to remain and live with their mother if they chose until such time as they get married & further I hereby order my three youngest sons to wit, John, Robert M, and Albert to pay forty dollars to each of my five daughters one-half in grain or meat stock and the other half in money in four years after the property comes into their hands by the marriage or death of the mother but not interest until the legacy is due hereby revoking all former wills by me made & declares this to be my last will and testament this thirteenth day of September in the year of our Lord one thousand eight hundred and twenty-eight. Nathaniel Gay S.S. Signed Sealed and declared by the above named Nathaniel Gay in presence of us and declared the same as his last will and testament in our hearing and presence and me having signed the same as witness in presence of each other and in the presence of the testators. Jabez B. Phelps Jehial Webster John M. Coop