WILL: Levi Coll; Westport, Essex co., NY surname: Coll, Burt submitted by Doug Farnsworth (nando at tnaccess.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: September 28, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.4 Kb ************************************************ Source: sampubco.com Essex co NY Will Book Vol. E page 214 Written: June 3 1865 Recorded: June 26 1865 Will of Levi Coll late of Westport farmer, deceased. As it numbers that heretofore towith on the Eighth day of June 1865 at Elizabethtown in the County of Essex in the Sate of New York before Byron Pond Esquire Surrogate of the said County personally appears Moses Coll of Westport in said County & State one of the legative named in the Last will & testament of Levi Coll late of the said town of Westport, farmer deceased, one of the sons & next of kin of said deceased and made application taken the said will relating to both real and personal estate proved; And it having been made to appear to the said surrogate that the said Levi Coll died at Westport afore said on the 3rd day of June 1865 being at or immediately previous to his death an inhabitant of the said County of Essex; And the said Surragate having ascertained by satisfactory evidence the names & places of residence of the widow his & next of kin of said deceased and that the same were all of full age except Elizabeth Burt, Emma Burt, Edgar Burt and Clarissa Burt, who are minors respectively; the said Surrogate did thereupon issue a citation in due form of law directed to the said widow his next of kin of said deceased requiring them to appear before the said Surrogate at his office in Elizabethtown aforesaid in the 26th day of June this next at ten o'clock in the fornoon of that day and attend the probate of said will. And on the day and at the place of aforesaid the said Moses Coll the petitioner duly appeared in person before said Surrogate and produced to file with said Surrogate due proof of the due personal services? of said citation on Mahitabel Coll the widow of said deceased & on Hinckley Coll, Helen C. Burt. Elizabeth Burt, Emma Burt, Edgar Burt & Clarissa Burt; and the said Hinckley Coll one of his said next of kin & Eli W. Rogers the executor named in said will having also duly appeared in person; and no other party having appeared; and it having been made to appear to the said Surrogate that the said Elizabeth Burt, Emma Burt, Edgar Burt, & Clarissa Burt are minors having no general guardian within the State of New York and Freedom Gay Dudley of Elizabethtown having been thereupon duly appointed the special guardian of the said minors for the sole purpose of appearing for them and taking care of their interests respectively upon the said proceding; and the said Special guardian having thereupon duly appeared in person; and the said Surrogate having thereupon proceded to take the proof of said will; and having taken the same & duly considered the same did on the same day adjudge the said instrument, take this valid last will & testament of the said deceased of both real and personal estate, and the said proof thereof take sufficient which said will & proofs are in the words & figures following that is to say: WILL ===== In the name of God Amen: I Levi Coll of the town of Westport in the County of Essex in the State of New York of the age of seventy seven years and being of feeble health but of sound mind and memory do make publish and declare this my last will and testament is the following, that is to say: First. - I give and bequeath to my beloved wife Mahitabel Coll all my household furniture of every name and kind of which she possessed to have hold and enjoy or dispose of as she may choose also two cows and ten sheep and the use of one third of my real estate during her natural life to be accepted and secured by her in lieu of dower. Second. - I order and direct that my funeral charges shall be paid and that decent and suitable stones thall be erected at my grave. Third. - That my debts of every name and kind shall be paid out of my chattel property provided there is chattel property enough to pay the same. Fourth. - I give and bequeath to my son Moses Coll one half of all my chattel property after paying my funeral charges and the erection of stones at my grave, and the payment of all my just debts of every name and kind to be paid to him as soon as my Estate can be settled. Fifth. - I give and bequeath all the rest residue and ????????? of my real and personal estate, of every name and material what so ever to my son Hinckley Coll his heirs and assigns forever. Sixth. - As I have given to my daughter Betsey (she that was the wife of Alvin Burt) during her life her full share of my property so that there will be nothing going to her heirs out of my estate. I hereby appoint Eli W. Rogers of Whallonsburgh County and State aforesaid sole executor of this my last will and testament: hereby revoking all former Wills by me made. In witness whereof I have hereunto set my hand and seal this second day of may in the of our Lord One Thousand eight hundred and sixty five. his Levi X Coll L J. mark The above instrument consisting of one that was at the date thereof signed sealed, published and declared by the name Levi Coll as and for his last Will and Testament in presence of us, who at his request and in his presence, and in the presence of each other have subscribed our names as witnessed thereto: Granville Stone residing at Westport in Essex County Otis Sheldon residing at Moriah in Essex County Depositions Essex Surrogate's Court: - Before Byron Pond Esquire Surrogate In Matter of proving the last Will and Testament of Levi Coll deceased County of Essex Granville Stone & Otis Sheldon being duly sworn and examined before the said Surrogate each for himself doth depose and say: and first the said Granville Stone says that he resides in the town of Westport in said County of Essex, and is a farmer aged fifty four years and upward; and the said Otis Sheldon says that he resides in the town of Moriah in said county and is a farmer aged fifty nine years & upwards; and each for himself further says that he was well acquainted with Levi Coll late of Westport now deceased; that here, present as a witness and did see the said Levi Coll subscribe his name at the end of the instrument in writing now here produced and shown to deponent hearing date - the second day of May Eighteen hundred and sixty five and purporting to be the last will and testament of said deceased by making his Mark thereto. That said testator at the time of Making his Mark thereto. That the said testator at the time of Making the said Subscriptions declared the said instrument in the presence of each of these deponents to be his last will and testament, and requested these deponents to sign their names as witnesses thereto, and that these deponents thereupon signed their names respectively as witnesses at the end of said instrument in the presence of said testator and of each other. These deponents further say, each for himself, that the said testator at the time he so executed the said instrument make to the best Knowledge and belief of deponents a citizen of these United States of full age, of sound mind and memory in all respects competent to devise real estated and not under any restraints. Subscribed & sworn this Granville Stone 26th day of June 1865 Otis Sheldon before me B. Pond Surrogate State of New York Recorded the foregoing Last Will and Testament of Levi Coll late of Westport in said County deceased, as will of Real and Personal estate together, with proof taken before me in relation thereto, which record is hereby signed & certifiedby me, pursuant to the Statute in such care made at Elizabethtown in said county this 26th day of June, 1865. Byron Pond Surrogate