WILL: Nicholas Blish; Middletown, Delaware co., NY surname: Blish, Whipple submitted by Sue Olson (rjo723 @ charter.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: March 11, 2004 This file has been created by a form at http://www.poppet.org/nyfiles/ File size: 10.1 Kb ************************************************ Source: Transcribed From Sampubco Copy Delaware Co., NY Will Book Vol. I, Page 312 Written: May 20 1877 Probated: 15 August 1877 Be it remembered that a Surrogates Court held at the Surrogates Office in Delhi in and for the County of Delaware on the 3rd day of September 1877 the last will and testament of Nicholas Blish Middletown in the County of Delaware deceased was duly proven before Edwin D. Wagner Surrogate of said county and was by said surrogate adjudged valid and established as a will of real and personal estate and the same together with the proof and examination taken on the probate thereof and pursuant to an order of said surrogate here recorded to wit. Know all men by these That I Nicholas Blish of the town of Middletown Delaware County New York a farmer being in ill health and of sound mind and disposing memory doth make and publish this my last Will and testament hereby revoking all former wills at any time hereto before made by me or directed so to be. And as to my worldly estate and all my property real and personal or mixed of which I shall die seized or possessed or in which I shall be entitled to at the time of my decease. I devise and dispose of as follows, my will is that all my just debts and funeral expenses shall be paid out of my estate as own after my decease as any Executor or Executors can conveniently do so. Item I give devise and bequeath to my beloved wife Charlotte Blish one thousand dollars in Lieu of Dower for her support and maintenance during her natural life to be advanced to her by my Executor herein after named as required for use and benefit from time to time as needs be in sickness or health. Should she not use the whole amount of said one thousand dollars the balance or remainder if any I hereby will give and devise, so my son John Blish, to him his heirs and assigns forever I also will and devise to my said wife one hundred dollars worth of personal property that is in household furniture she having the right to select the same. Should the parties fail to agree on the price of said furniture then and in that case John Kelly the writer of this will is to appraise the same to the amount of one hundred dollars, as above stated, and I hereby will and give said furniture to her for her and her heirs and assigns forever. Item I give and bequeath to my daughter Mary who is now the wife of Mr. Daniel Whipple, and goes by the name of Dan Whipple the sum of one hundred dollars to be paid in eight years following decease without interest thereon. Item I give and bequeath to my son Silas Blish one third of the undivided part of my fifty acre wood lot on Hogg Mountain so called to him his heirs and assigns forever. Item I also give and bequeath to my son Silas Blish one third of the hemlock timber now standing or growing on my homestead farm for his use and benefit. I further order that my son James Blish for considerations herein after stated is to saw and cut in lumber the above mentioned timber free of charge as soon as convenient after said timber is placed at the mill ready for sawing but in case said mill is out of repair then and in that case Silas Blish above mentioned must help to build or repair if necessary. Said James Blish will be excused from sawing said logs if not requested so to do while the mill is capable of sawing from decay, long standing or mill down, he is also excused from sawing lumber. Item I give and bequeath to my son James Blish the one third undivided part of my fifty acre wood lot on Hog Mountain to him his heirs or assigns forever. I also give and bequeath to my son James Blish one third of all the hemlock timber now standing or growing on my homestead farm for his use and benefit and his heirs and assigns. I also give and bequeath to said James Blish my saw mill which is now standing on my homestead farm and all fixtures thereto belonging to his heirs and assigns forever with the land and in addition a right of way to said mill to himself his heirs and assigns forever. Item Lastly I give and bequeath to my son John Blish the one third undivided part of my wood lot not disposed of to my other two sons to him his heirs and assigns forever. Item I order that if in case my sons can't themselves agree on the division of the wood lot or the hemlock timber as stated hereto before in the will John Kelly the writer of this will must divide the same which will be final and conclusive, as between my sons Silas Blish, James Blish, and John Blish or their heirs. Item I give to my son John Blish and bequeath to him all my real estate not otherwise disposed of which includes my homestead farm or any lands I might at my decease to him his heirs and assigns forever all lands wherever the same may be situated also all my personal estate of whatever name or nature goods chattels of various descriptions on my farm or elsewhere. All stock tools fixtures not herein before disposed of mixed or personal to him his heirs and assigns forever, meaning all my personal estate which I have not disposed of by will that I may own at the time of my decease. But I order and direct that my son John Blish shall pay all my just debts encumbrances on real estate legacies mentioned in this will and settle all my worldly business out of the . this will the balance whatever the may be to him his heirs and assigns forever. Lastly I do appoint my two sons, James Blish and John Blish to be the Executors of and to this my last will and testament, which will on one sheet of paper only. In testimony whereof I the said Nicholas Blish to this my last will and testament subscribed my name and affixed my seal this the 20th day of May one thousand eight hundred and seventy seven. Will now to Mr. Blish and he directs me to add the following I further order and will that my Executors shall not sell the lumber or timber or firewood of the place for years only to keep it for the use of the old homestead farm neither shall they sell any part of the old homestead farm for years to come. In witness whereof I have hereunto set my hand and seal the twentieth day of May one thousand eight hundred and seventy seven. Nicholas [His Mark] Blish John Kelly witness to mark At his request I sign Nicholas Blish The foregoing instrument consisting of one sheet was now at the date hereof declared to me by the testator in the presence of each of us, he Nicholas Blish, declared by him to be his last will and testament and we at his request sign our names hereto as attesting witnesses. John Kelly of Middletown Delaware County William Kelly of Middletown Delaware County Delaware County Surrogates Court In the matter of the Probate of the last will and testament of Nicholas Blish late of said county deceased Delaware County as a will of real & personal estate John Kelly of the town of Middletown in the County of Delaware being sworn deposes that he saw the above named Nicholas Blish late of the town of Middletown in the County of Delaware deceased subscribe and execute the instrument shown him and which purports to the last will and testament of the said Nicholas Blish and bears date the 20th day of May 1877 and that he knew the heard the said Nicholas Blish declare the same to his last will and testament and that he this deponent together with William Kelly the other subscribing which subscribed his name as a witness to said instrument at his request and at the time thereof the said Nicholas Blish was of sound mind and memory of full age to make said will and not under any restraint. Sworn & subscribed before me this 3rd day of September 1877. John Kelly Edwin D. Wagner Surrogate Delaware County Surrogates Court In the matter of the probate of the last will and testament of Nicholas Blish late of said county deceased Delaware County as a will of real & personal estate William Kelly of the town of Middletown in the County of Delaware being sworn deposes that he saw the above named Nicholas Blish late of the town of Middletown in the County of Delaware deceased to subscribe and execute the instrument shown him and which purports to be the last will and testament of the said Nicholas Blish and bears date the 20th day of May 1877 and that he heard the said Nicholas Blish declare the same to be his last will and testament and that he this deponent together with John Kelly the other subscribing witness subscribed his name as a witness to said instrument at his request and at the time thereof the said Nicholas Blish was of sound mind and memory of full age to make said will and not under any restraint. Sworn & subscribed before Me this 3rd day of September 1877. William Kelly Edwin D. Wagner Surrogate Surrogates Court Delaware County In the matter of the will of Nicholas Blish deceased I James Blish names as an Executor in the will of the above named deceased do hereby renounce the appointment as such Executor. Dated Middletown August 15th 1877 James Blish D. D. Redmond Witness George O. Kelly Witness County of Delaware. On this 15th day of August 1877 personally appoint before me a Justice of the Peace of said county James Blish to me known as the proven descendant in and who executed the foregoing instrument and who duly acknowledged the execution thereof for the purposes therein mentioned. John Kelly Justice of the Peace I Edwin D. Wagner Surrogate of the County of Delaware do hereby certify that the foregoing is a correct copy of the whole of the probate of the last will and testament of Nicholas Blish deceased together with the proofs and examinations taken as the probate thereof, and also the renunciation of James Blish one of the Executors named in said will.