WILL: Peter Turner; Milan, Dutchess co., NY surname: Turner, More, Hoag submitted by Kathy Krajewski (majuice @ charter.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: December 20, 2003 This file has been created by a form at http://www.poppet.org/nyfiles/ File size: 9.0 Kb ************************************************ Source: Transcribed From Sampubco Copy Written: January 29 1835 Probated: June 1 1835 Dutchess co NY Will Book Vol. J, page 121 Record of the last will and testament of Peter Turner deceased proved and recorded as a will of Real and Personal Estate this first day of June in the year of our Lord one thousand eight hundred and thirty five. I Peter Turner of the Town of Milan county of Dutchess considering it a duty every person owes to his family to make such a disposition of his estate as shall be just and equitable, do make and publish this my last will and testament as follows. First. I direct all my just debts and funeral expenses to be paid out of my estate in preference to any legacy or bequest within mentioned. Second. I give and devise unto my beloved wife Mercy for and in lieu of her dowry the exclusive use and profit of all my real estate consisting of the farm upon which I now reside with all the buildings and appurtenances there to be to give for and during the term of four years for her use after my decease and also the right of putting in and harvesting for her own use the winter crop that is if said Mercy my wife should have put in a winter crop during said four years she shall have the right to harvest the same for her own use after said term if said term expires before the same is harvested. I also give to my said wife Mercy the exclusive use, profit and possession of all my personal property and estate of any kind or description whatever for use during the term aforesaid of four years from and after my decease. I also give unto my said wife Mercy, all my household furniture, beds and bedding of all kinds. I also give to my said wife two cows, ten sheep, two hogs to be taken by her after the said term of four years she to select each as she shall think proper. I also give and bequeath unto my said wife, Mercy the sum of one thousand dollars to be paid at the time here after mentioned. The above bequests are intended for and in lieu of the dowry of my said wife. I also direct that my son Peter C Turner is to have his support off from my said farm and use of my personal estate as before mentioned and to live with and be maintained by my said wife, Mercy during said term of four years. Third. I give and devise unto my said son Peter C Turner the sum of one thousand dollars to be paid as here after mentioned. Fourth. I give unto Harriet and Caroline Turner, children of my daughter Harriet Hoag the sum of fifty dollars each. Fifth. I give unto Henry Turner son of my daughter Hannah the sum of one hundred dollars. Sixth. I give and bequeath all the rest and residue of my personal property not otherwise disposed of to be equally divided among my sons Charles Turner, William Turner, Peter C Turner, Elias W Turner, Hannah More and Henry Turner son of Hannah More to be divided by my Executors as here after provided. Seventh. After the expiration of four years from and after my decease as before mentioned I order and direct my executors to sell as soon as can be done to the best advantage all my real estate and personal property not otherwise disposed of and to be distributed the avails of the personal property as before mentioned in provision sixth and out of the recoveries arising from the sale my real estate to pay the legacies before mentioned to my said wife Mercy, Peter C Turner, Harriet and Caroline Turner and Henry Turner and the residue and remainder to be equally divided and distributed unto Charles Turner, William Turner, Elias W Turner and Hannah More, wife of William More. It is to be understood that no deduction to be made on any legacy or bequest or considered in the distribution of my estate as before mentioned of any advancement made to any of my said children as before mentioned and no change is to be made against either of them for anything that I have before this let them or either of them have. I also order and direct that the share of my estate paid to Charles Turner by my Executor as before mentioned shall be repaid by him to my said Executor in case he should not marry within twelve years from and after my decease and not considered as vested in him until his marriage. And that the same shall be distributed equally between William, Elias W, Peter C Turner, Mercy my wife, Hannah More and Henry Turner, son of Hannah my daughter. Lastly, I constitute and approve Elias W Turner my son, and my friend Henry Peck Executors of this my last Will and Testament and authorize the survivor or in case one of them should not qualify, or act as such to sell and convey my estate either real or personal as before mentioned and hereby revoking all former wills by me made. In writing whereof of I have herewith set my hand and seal this 29th day of January in the Year 1835. Peter Turner {S.S} The above instrucate was duly signed by the testator in our presence and by him declared to be his last will and testament for the purposes therein mentioned and we at his request have signed our names as witnesses thereto at this time above mentioned. Henry W Bartlett of the Town of Stanford County of Dutchess William Eno of the town of Pine Plains County of Dutchess State of New York Dutchess Surrogate Court. In the matter of proving the Last Will and Testament of Peter Turner deceased. Dutchess County. Henry W Bartlett of the town of Stanford in the County of Dutchess being duly sworn and examined doth deposed say that this deponent was well acquainted with Peter Turner the above named testator late of the town of Milan in the county of Dutchess deceased that the deponent was present as a witness and did see the said testator subscribe at the end thereof this instrument now produced and here unto this deponent purporting to be the last will and testament of the said deceased bearing date the twenty ninth day of January in the year of our Lord one thousand eight hundred and thirty five that the said testator at the same time declared the instrucate so subscribed by him to be his last will and testament that there upon the deposed and William Euo severally subscribed their names at the end thereof as witnesses thereto all the requests of the testator and in his presence and that the said testator at the time of executing and publishing the said last will and testament was of full age, sound mind and memory and not under any restraint. Signed Henry W Bartlett Sworn the 1st day of June 1835 before me James Hooker Surrogate State of New York Dutchess Surrogate Court. In the matter of proving the Last Will and Testament of Peter Turner deceased. Dutchess County. William Eno of the town of Pine Plains of the town of Stanford in the County of Dutchess being duly sworn and examined doth deposed say that this deponent was well acquainted with Peter Turner the above named testator late of the town of Milan in the county of Dutchess deceased that the deponent was present as a witness and did see the said testator subscribe at the end thereof this instrument now produced and here unto this deponent purporting to be the last will and testament of the said deceased bearing date the twenty ninth day of January in the year of our Lord one thousand eight hundred and thirty five that the said testator at the same time declared the instrucate so subscribed by him to be his last will and testament that there upon the deposed and Henry W Bartlett severally subscribed their names at the end thereof as witnesses thereto all the requests of the testator and in his presence and that the said testator at the time of executing and publishing the said last will and testament was of full age, sound mind and memory and not under any restraint. Signed William Euo Sworn the 1st day of June 1835 before me James Hooker Surrogate Dutchess County Surrogate Office Recorded this preceding last will and testament of Peter Turner deceased with the proofs and examination taken therein as last will and testament of the Real and Personal Estate of said deceased which record is hereby signed and satisfied by present to the Provisions of the Revised Statutes this first day of June in the year of our Lord one thousand eight hundred and thirty five. James Hooker Surrogate Dutchess County Delivered the original will of Peter Turner deceased will the Probated thereof to the Executors this 1st day of July 1835 James Hooker Surrogate