WILL: Luther Gay; Washington, Dutchess co., NY surname: Gay, Pardy, Barnum, Elmore, Hooker, Butkley, Willoughby 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 6, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.0 Kb ************************************************ Source: Sampubco.com Dutchess Cty Will Book Volume I, Page 217 Written: June 6, 1821 Recorded: September 17, 1832 Record of the Last Will And Testament of Luther Gay deceased proved and recorded as a will of real & personal estate before Edmond N. Pendleton Esq, First Judge of the county of Dutchess acting as surrogate of said county this seventeenth day of September one thousand eight hundred thirty two. The Last Will and Testament of Luther Gay of the town of Washington, Dutchess County. I Luther Gay do make and publish this my last will and testament in manner and form following that is to say First I give devise and bequeath to my beloved wife Rebecca all my personal property and effects of every kind and description. Item. I give devise and bequeath to my said Beloved Wife Rebecca all my personal property and effects of every kind and description. Item. I give, devise and bequeath to my said Beloved Wife Rebecca and to her heirs forever the one equal half part of all my real estate in fee simple. Item. I give devise and bequeath to my said beloved wife Rebecca during her life the full use improvement and enjoyment of all the rent residue and remaining part of my real estate. Item. Upon and after the death of my said wife I give devise and bequeath the one half of my real estate of which my said wife is to have the use during her life as above directed to my brothers and sisters and their heirs in fee simple forever in equal shares & proportions that is to say – To Edward Gay of Franklin in Delaware County and to his heirs forever the equal one-eighth part thereof. To Calvin Gay of Sharon, Connecticut, and to his heirs forever, the equal one- eighth part thereof. To John B. Gay, of Pleasant Valley and to his heirs forever, the equal one-eighth part thereof. To Electa Pardy of Sharon Connecticut, the wife of Isaac Pardy, and to her heirs forever, the equal one- eighth part thereof. To Margaret Barnum, wife of Thomas L. Barnum of the City of New York, and to her heirs forever, the equal one-eighth part thereof. To Lucy Gay of Sharon, Connecticut and her heirs forever the equal one-eighth part thereof. To Eliza Elmore, wife of James T. Elmore of Ulster County and to her heirs forever the equal one-eighth part thereof and to Lucretia Gage, wife of Doctor Samuel R. Gage of Sharon Connecticut and to her heirs forever the remaining equal one-eighth part thereof. Item. I do further order and direct and my will is that in case of the death of either or any of my said brothers and sisters before they would be entitled to the devise herein given them that then & in such case the child or children of such deceased brother or sister shall have and hold in fee simple forever the share as hereinabove devised and bequeathed to the parent of such child or children respectively if such brother or sister should die leaving issue and if such brother or sister should die without issue, then the share of such brother or sister so dying without issue shall go to the other brothers and sisters and their heirs and to the children of such others as may be deceased the children always taking the share of the parent who may be deceased. And I hereby constitute and appoint my aforesaid beloved wife Rebecca executrix and her brother Freeborn G ___ of Scancatles and my aforesaid brother Calvin Gay executors of this my last will and testament hereby revoking all previous wills by me heretofore made. Luther Gay (S.S.) In witness whereof I have hereunto set my hand and seal the sixth day of June 1821. Signed, sealed, published and declared by the above named Luther Gay to be his Last Will and Testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator James Hooker E. Willoughby Wm Henry Butkley State of New York, Dutchess Surrogate Court before the first judge of Dutchess acting as surrogate in the matter of proving the Last Will & Testament of Luther Gay, deceased. Dutchess County, James Hooker of Poughkeepsie in said County being duly sworn & examined doth depose and say that the deponent was well acquainted with Luther Gay, late of this town of Washington in the County of Dutchess, deceased. That this deponent was present as a witness and did see the said Luther Gay subscribe at the end thereof the instrument now produced & shown to the deponent purporting to be the Last Will & Testament of the said deceased bearing date the sixth day of June in the year of our Lord one thousand eight hundred twenty- one. That the said testator at the same time declared the instrument subscribed by him to be his Last Will & Testament that thereupon the deponent & William H. Butkley & Elijah Willoughby severally subscribed their names at the end thereof as witnesses thereto at the request of the said testator in the presence of that said testator at the time of executing & publishing said Last Will & Testament was of full age of sound mind memory and not under any restraint that said Elijah Willoughby one of the said subscribing witnesses has since deposed this ___ ____ first named subscribed as a witness to said will was subscribed by him in his own proper hand writing Upon this 17th day of September 1832 before me, Edmond H Pendleton, first judge, DC . James Hooker (S) State of New York Dutchess Surrogate Court before the first judge of Dutchess acting as surrogate in the matter of proving the Last Will & Testament of Luther Gay deceased. Dutchess County, William H. Buckley now of the city of New York but formerly of Poughkeepsie in Dutchess County being duly sworn & examined doth depose & say that he deponent was well acquainted with Luther Gay late of the town of Washington in the County of Dutchess deceased. That this deponent was present as a witness & did see the same Luther Gay subscribe , _____ affirm and acknowledge that he did subscribe at the end of the instrument now produced ____ with the deponent purporting to be the Last Will & Testament of the said deceased bearing date the sixth day of June in the year of our Lord one thousand eight hundred twenty one that the said testator at the same time declared the instrument subscribed by him to be his Last Will & Testament that thereinfore the deponent and Elijah Willoughby & James Hooker severally subscribed their names at the end thereof as witnesses thereto at the request of the testator in his presence & that said testator at the time of executing & publishing said last will & testament was of full age of sound mind & memory and not under any restraint that said Elijah Willoughby one of said subscribing witnesses has since deposed this _____ his name subscribed and which said will was subscribed by him under his own proper hand writing and sworn this 17th day of September 1832. William H Buckley (S) Before me, Edmond H. Pendleton, First Judge, DC Dutchess County Surrogate Office Recorded the preceding Last Will & Testament of Luther Gay dec. together with the proofs ____ is taken ____ as the Last Will and Testament of the real & personal Estate of said dec. which Record is hereby signed & certified by me pursuant to the provisions of the ____ statues this seventeenth day of September one thousand eight hundred thirty two. Edmond H. Pendleton First Judge Acting as Surrogate