WILL: Azro Monroe Bailey; Ticonderoga, Essex co., NY surname: Bailey submitted by: Richard Allen Couch (beaucouc @ up.net) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** WILL OF AZRO MONROE BAILEY TICONDEROGA, ESSEX COUNTY, NY, Will Book Vol. I-259, pp 259-262 b.26 Mar 1822, prob. Ticonderoga Essex Co NY m. Polly E. Bailey A brother of my second great grandfather Bela C. "Beely" BAILEY, Jr. Having lived their Appointed Days may they be at rest forever in Peace. Transcribed from SAMPUBCO copy by Richard Allen COUCH. Transcription spelling as in Will. Record of the last Will and Testament of Azro M. Bailey late of Ticonderoga in the County of Essex and State of New York deceased proved and admitted to probate Twelfth July in the year one thousand eight hundred and eighty seven. - Will - I, Azro M. Bailey of the town of Ticonderoga in the County of Essex and State of New York aged 60 years and being of sound disposing mind and memory, do make publish and declare this my Last Will and Testament in manner and form following that is to say: First: I give and bequeath unto my son Thomas O. Bailey the sum of Fifty (50) Dollars and hereby charge my personal property and estate with the payment of said bequest. Second: Subject to the payment of said bequest to my said son Thomas O. Bailey I give and bequeath unto my son Stephen C. Bailey all the personal property of every name kind and description which I may own or possess at the time of my decease, and to his heirs and assigns forever, and in the event of the death of my said son Stephen C. Bailey without lawful issue him surviving before the occurrance of my death then I give and bequeath the said personal property unto my son Alexander M. Bailey and to his heirs and assigns forever. Third: I give and devise unto my wife Polly Bailey, all the real estate of which I may be seised to have and to hold the same during the remainder of her life, and from and immediately after her death, I give and devise the same unto my son Stephen C. Bailey and to his heirs and assigns forever, and in the event of the death of my said son Stephen C. Bailey without lawful issue him surviving before the occurrance of my death then I give and devise the said real estate to my said son Alexander M. Bailey and to his heirs and assigns forever. But the above devise of said real estate to my said son Stephen C. Bailey is nevertheless made subject to the bequest and provision hereinafter made to and in favor of my said son Alexander M. Bailey and subject to the devise to my said wife hereinbefore made. I do hereby expressly charge my said real estate with the payment of the legacy and bequest hereinafter made to my said son Alexander M. Bailey. Fourth: I give and bequeath unto my said son Alexander M. Bailey the sum of Two Thousand and five hundred Dollars ($2500 00/x) and to his heirs and assigns forever and I hereby direct my Executor hereinafter named to pay over to my said son Alexander M. Bailey the said sum of $2500 as soon as practicable after the death of my said wife my intention being that the payment of said legacy shall be postponed until the death of my said wife. From and immediately after the payment by my Executor to my said son Alexander M. Bailey of said sum of $2500 my said real estate to be released and discharged of and from all liens and claims in favor of said son Alexander M. Bailey. Lastly, I hereby nominate, constitute and appoint my son Stephen C. Bailey Executor of this my Last Will and Testament hereby revoking and annulling all former wills by me made. In testimony whereof I have hereunto set my hand and seal this 28th day of July in the year 1882. /s/ A. M. Bailey The foregoing instrument was on this 28th day of July 1882, subscribed by Azro M. Bailey the Testator above named in the presence of each of us and at the same time he declared to us and to each of us that the said instrument was his Last Will and Testament and requested each of us to sign our names thereto as subscribing witnesses to the execution thereof which we have accordingly done on the day of the date of said instrument in the presence of said Testator and of each other. /s/ James A. Fleming Residing in Ticonderoga NY /s/ Albert Weed Residing in Ticonderoga NY Depositions. Surrogate Court County of Essex In the matter of proving the last Will and Testament of Azro M. Bailey Deceased County of Essex ss: James A. Fleming and Albert Weed being duly severally sworn and examined as witnesses before Francis A. Smith Esquire, Surrogate of the County of Essex depose and say and first the said James A. Fleming says that he resides in the town of Ticonderoga in the said county of Essex and State of New York and is a Druggist and is aged 39 years and the said Albert Weed says that he resides in the town of Ticonderoga in said County and State and is a Clerk and is aged 29 years and each for himself further says that he was well acquainted with Azro M. Bailey now deceased, that deponents were present as witnesses and did see the above named Azro M. Bailey subscribe his name at the end of the instrument in writing, now produced and shown to these deponents bearing date the 28th day of July in the year one thousand eight hundred and eighty two purporting to be his last will and testament, that the said decedent, at the time of making the said subscription, declared the said instrument to be his last will and testament, and requested these deponents to sign their names as witnesses thereto. Thereupon these deponents accordingly signed their names as witnesses at the end of the said instrument in the presence of the said decedent and of each other, and each for himself further says that the said decedent, at the (word "time" missing?) he so executed the said instrument was as deponent believes a citizen of the United States of full age of sound mind and memory, in all respects competent to devise real estate and not under any restraint. Taken, subscribed and /s/ James A. Fleming Sworn before me this /s/ Albert Weed 21st June 1887 Francis A. Smith Surrogate State of New York County of Essex ss: I, Francis A. Smith Surrogate of the County of Essex do hereby certify the foregoing to be a true copy and record of the last will and testament of Azro M. Bailey late of Ticonderoga in said county deceased propounded for probate and this day proved as a will valid to pass both real and personal property together with the proofs and examinations taken before me in relation to the execution thereof. Recorded 12th July 1887 /s/ Francis A. Smith Surrogate.