WILL: William More; Milan, Dutchess co., NY surname: More 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: 17.6 Kb ************************************************ Source: Transcribed From Sampubco Copy Written: April 25 1837 Probated: 23 Oct 1837 Dutchess co NY Will Book Vol. K page 59 Record of the last will and testament of William More deceased moved and recorded as a will of personal Estate this 23rd day of October AD 1837. State of New York Dutchess Surrogate Court In the matter of proving the last will and testament of William More deceased, Dutchess County {SS} Be it remembered that heretofore upon due application for the purpose to the Surrogate of said Dutchess County citations were issued by said Surrogate to the kins and next of kins of said deceased which said citations with the admissions and proofs of service thereof, were thereafter to said Surrogate and are as follows to wit: The people of the State of New York. By the grace of God, free and independent. To all to whom these presents shall come or may concern and especially to Hannah M More of Milan widow and Orman Sutherland of Pine Plains in Dutchess County Guardian ad litem of Loretta More, Mercy Ann More and George W More minor kins of William More deceased. Greetings: Whereas William More late of the town of Milan in the County of Dutchess deceased, as is alleged, testator died leaving a last will and testament relating to personal estate; and Elias W Turner and executor therein named, has applied to the Surrogate of said Dutchess County for the proof of said will you and each of you, as hereby cited personally to be and appear at a Surrogate Court to be held by our Surrogate of the County of Dutchess at his office in Poughkeepsie in said Dutchess County on the 16th day of October next at two o'clock in the forenoon of that day then and there to attend the Probate of the said last will and testament of said deceased. In testimony whereof we have caused the seal of Office of our said Surrogate to by hereunto affixed. Witness James Hooker Esquire, Surrogate of our said County of Dutchess, at Poughkeepsie This 29th day of September in the year of our Lord eighteen thirty seven. James Hooker Surrogate. We admit due service of the within Citation Dated September 29th 1837. Orman Sutherland, Guardian, Hannah M More Dutchess County {SS}; Elias W Turner being duly affirmed says that on or before the 4th day of October 1837 this deponent served the written upon all the persons in said citation named to whom the same is directed by delivering to each of these a copy thereof and at the same time showing to each of the written original and they therefore signed their admissions of such ______ endorsed thereon as above. Elias Turner affirmed this 16th day of October 1837 before me James Hooker Surrogate And thereunto _________ the said last will and testament of said William More deceased with the proofs there of were produced as follows to wit: In the name of God Amen, I William More of Milan in the County of Dutchess farmer being mindful of my mortality do this twenty fifth day of April in the Year of our Lord one thousand eight hundred and thirty seven make and publish this my last will and testament in manner following, that is First I order and direct my Executors hereafter named to pay all my just debts out of the monies that may come into their hands of my estate and after paying all my debts and charges. I direct my Executor hereafter named to keep the remainder of the monies arising from my estate and use so far as they in their discretion think proper and the interest and profits of my said personal estate I give unto my beloved wife Hannah More for and during the minorhood of my children and she remaining my widow if she shall (aus) and take care of my said children and for the letter education of my children Loretta More, George W More and Mercy Ann More do give and of the tuition and custody of them and every of them unto my beloved wife Hannah More for such time as they or any of they respectively continues unmarried and under the age of twenty years and my said wife remains my widow, but if my said wife shall die or marry during the single life and marriage of any of my said children so being unmarried and under the age of twenty years at the marriage or death of my wife unto my said Executors and in case my said wife should marry before my said children should arrive to the age of twenty years and refuse or neglect to _______ and educate my said children then in that case the interest __ and profits of my said estate over and above my wife’s dowry or one third to be expended by my Executors in bringing up and educating my children and when my said children shall arrive at the age of twenty years or marry the estate to be divided between them in the following manner. That is to my son George W More five hundred dollars and the remainder of my estate to be divided equally between my three children to be paid to them as they shall arrive to the age of twenty years or shall marry, that is to my son George W More five hundred dollars and then the remainder to be equally divided between the said George and my two daughters Loretta and Mercy Ann each and equal share. Also my will is that in case my Executors in their judgment should think it could be to the advantage of my said children and widow in bringing them up and educating them, then in that case I direct y said Executors hereafter named to layout so much of my estate as they in their discretion should think proper in purchasing a place or farm for the accommodation of my said widow and children and to take for the benefit of my said children such a title as their counsel learned in the law shall see fit or necessary. Also I direct my Executors in case they purchase as above that when either of my said children shall arrive to the age of twenty years or shall marry, then as soon as in their discretion shall think prudent to bargain sell and alien in __ simple all the said land, and do by these give to my Executors and their Executors full power and authority to grant, alien, bargain sell, convey and assume all the said lands to any person or persons and their kinds forever in (sev) simple by all and every such lawful ways and means in the law as to my said Executors or his Executors or his or their counsel learned in the law shall seam fit or necessary, and my will is and I do hereby expressly declare that my said Executors, their Executors shall not be charged or chargeable with or accountable for more of this aforesaid monies or estate that they shall actually receive or shall to their respective hands by virtue of this my will or unto or for any loss which shall happen of the said monies or estate hereby by me given to the said George W More or Loretta More and Mercy Ann More or of any part of my personal estate so as such loss happen without their willful default and neglect. And also that it shall and may be lawful for them my said Executors in the first place out of the said monies respectively and out of the residue of my personal\ estate to deduct and reimburse themselves respectively all such loss costs charged and expenses as they shall sustain, expend or be put unto for or by reason of the performance of this my will or the management or execution there of respectively or any other thing in any wise relating thereto. Also I give unto my wife all my household furniture for and during her life to her use and after her decease to my said daughters. And I do hereby constitute and appoint my beloved wife Hannah, Elias W Turner and John Thorn Executors of this my last Will and Testament revoking all former wills by me made. In writing whereof I have hereunto set my hand and seal this twenty fifth day of April in the Year of our Lord one thousand eight hundred and thirty seven. William More (made his mare, an x) {SS} The above instrument consisting of one sheet was now here inscribed by William More testator in the presence of each of us and was at the same time declared to be his last will and testament and now at his request sign our names here unto as witness. Zecharia Willber of the town of Milan Catharine More of the town of Milan State of New York Dutchess Surrogate Court In the matter of proving the last will and testament of William More deceased, Dutchess County {SS} Hannah More of the town of Milan in the county of Dutchess being duly affirmed and examined doth depose and say that the circumstances as for as the deponent knows and is able to state therein relating to the execution, the delivery and the possession of this instrument in writing was produced and shown to this deponent, purporting to be the last will and testament of William More deceased the above named testator bearing date the twenty fifth day of April in the Year of our Lord one thousand eight hundred and thirty seven are as following to wit: That this deponent was present at the time of the executing and publishing the said will by the said testator and knows that the same was executed and published by the said testator in the presence of the subscribing witness thereto, at or about the time it bears date and that immediately after the execution of said will said testator delivered the same to John Thorn and as the deponent is informed and believes remained in the care and custody of said John Thorn until about the 20th day of June last when the deponent received the same from said John Thorn and that it remained in the care and custody of this deponent until she delivered it to Elias W Turner for the purpose of having the same duly proved before this court and recorded according to law and that while the same remained in the care and custody of this deponent as aforesaid, it was in no respect altered or changed, and that it is now to all appearance, in the same condition as when first received by this deponent as above set forth. Subscribed and affirmed this 16th day of October 1837 before me James Hooker Surrogate Hannah More State of New York Dutchess Surrogate Court In the matter of proving the last will and testament of William More deceased. Dutchess County {SS} Elias W Turner of the town of Stanford in the county of Dutchess being duly affirmed and examined, doth depose and say that the circumstances, as far as this deponent knows and is able to state them relating to the execution, the delivery, and the possession of this instrument in writing now produced and ________ to the deponent purporting to be the last will and testament of William More deceased the above named testator bearing date the twenty fifth day of April in the Year of our Lord one thousand eight hundred and thirty seven is as follows to wit: That this deponent was not present at the time of the executing and publishing the said will by the said testator, but is informed and believes that the ______ that the same was executed and published by the said testator in the presence of the subscribing witnesses thinks at or about the time it bears date and as deponent is informed and believes testator immediately after the execution of said will delivered the same to John Thorn for safekeeping and that it remained with him until after the death of said testator and after said testator’s death that said Thorn delivered the same to Hannah More the widow of said testator and in or about the month of June last. That the deponent received the same from said Hannah M More and that it remained in the care and custody of this deponent until he delivered it to the Surrogate of said Dutchess County for the purpose of having the said duly proved before this court, and recorded according to law, and that while the same remained in the care and custody of this deponent as aforesaid, it was in nor respect altered or changed and that it not to all appearances, in the same condition as when first received by this deponent as above set forth. Subscribed and affirmed this 16th day of October 1837 before me James Hooker Surrogate Elias W Turner State of New York Dutchess Surrogate Court In the matter of proving the last will and testament of William More deceased. Dutchess County {SS} Catherine More of the town of Milan in the County of Dutchess being duly affirmed and examined doth the deposed and say that this deponent was well acquainted with William More the above named Testator late of the town of Milan in the county of Dutchess deceased. That this deponent was present as a witness and did see the said Testator subscribe by affixing his mark at the end thereof this instrument now produced and shown to this deponent purporting to be the last will and testament of the said deceased bearing date the twenty fifth day of April in the Year of our Lord one thousand eight hundred and thirty seven that the said Testator at this said time declared the instrument so subscribed by him to be his last will and testament that there upon the deponent and Zechariah Willber severally subscribed their names at the end thereof as witnesses thereto, at the request of the testator and in his presence; and that the said testator at the same time of executing and publishing the said last will and testament was of full age of sound mind and memory and not under any restraint. Affirmed this 16th day of October 1837 before me James Hooker Surrogate Catharine More State of New York Dutchess Surrogate Court In the matter of proving the last will and testament of William More deceased. Dutchess County {SS} Zechariah Willber of the town of Milan in the County of Dutchess being duly affirmed and examined doth depose and say that this deponent was well acquainted with William More the above named testator late of the town of Milan in the County of Dutchess deceased. That this deponent was present as a witness and did see the said testator subscribe by affixing his mark at the end thereof, the instrument now produced and shown to this deponent purporting to be the last will and testament of the said deceased bearing date the twenty fifth day of April in the Year of our Lord one thousand eight hundred and thirty seven that the said Testator at this said time declared the instrument so subscribed by him to be his last will and testament that there upon the deponent and Catharine More severally subscribed their names at the end thereof as witnesses thereto, at the request of the testator and in his presence; and that the said testator at the same time of executing and publishing the said last will and testament was of full age of sound mind and memory and not under any restraint. Affirmed this 16th day of October 1837 before me James Hooker Surrogate Zechariah Willber State of New York Dutchess Surrogate Court In the matter of proving the last will and testament of William More deceased. Dutchess County {SS} John Thorn of the town of Milan in the County of Dutchess being duly affirmed and examined doth depose and say that the circumstance as for as this deponent knows and is able to state them relating to the execution the delivery and the possession of the instrument n writing now produced and shown to this deponent, purporting to be the last will and testament of William More deceased the above named testator bearing date the twenty fifth day of April in the Year of our Lord one thousand eight hundred and thirty seven, are as follows to wit: That this deponent was present at the time of the executing and publishing the said will be the said testator and knows that the same was executed and published by the said testator in the presence of the subscribing witness thereto at or about the time it bears date. That this deponent received the same from said testator at the time it bears date and that it remained in the care and custody of this deponent until he delivered it to Hannah M More widow of said testator for the purpose of having the same duly proved before this court and recording to law, and that while the same remained in the care and custody of this deponent as afore said, and it was in no respect altered or changed and that it is now to all appearances in the same condition as when first received by this deponent as above set forth. Subscribed and affixed this 23rd day of October 1837 before me James Hooker Surrogate John Thorn On this 23rd day of October 1837 the proofs and examination of the witnesses to the will of William More deceased having law duly taken and filed and it appearing satisfactory to this court from the proofs so taken that the will of said deceased was duly executed and that the said testator at the time of executing and publishing the same was in all respects competent to devise his estate and not under any restraint and this cur being satisfied of the genuineness and validity of said will, it is ordered that said will and the proofs and examinations taken therein be recorded in this office. James Hooker Surrogate Dutchess County Surrogate Office {SS} recorded the preceding last will and testament of William More deceased with the proofs and examination taken therein as the last will and testament of the Personal Estate of said deceased which record is hereby signed and certified by me pursuant to the provisions of the Revised Statutes this twenty third day of October in the year of our Lord 1837. James Hooker Surrogate