WILL: Stephen Sherman; Sheldon, Genesee co., NY surname: Sherman, Mann submitted by Mel Sherman (msher1234 @ aol.com) ************************************************************************ 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 *********************************************************************** Copy of two wills, Genesse Co NY SHERMAN, Stephen - Sheldon 2-307 & 2 - 317 (Page 307) Genesse County Surrogate Court In the matter of the proof of the Last will and testament of Stephen Sherman late of the Town of Sheldon In the county of Genesse, deceased Genesee County S. S. John Frink being duly Sworn saith that he was well acquainted with Stephen Sherman late of the Town of Sheldon in the county of Genesse deceased in his lifetime that on or about the fifth day of March A. D. 1832 he saw the said Stephen Sherman while at his own dwelling house in Sheldon aforesaid sign & executed a certain instrument in writing purporting to be his last will and Testemant (Start of page 308) bearing date the said fifth day of March one thousand eight hundred and thirty two which is the same instrument now shown unto him. That he heard the said Stephen Sherman declare the same to be his last will and testament that at the time there of the said Stephen Sherman was over the age of twenty one years of sound mind and memory and was under no manner of restraint as this despondent verily believes that this deponent together with James Case signed the said will as a witness thereto in the presence of the testator and at his request that the said testator gave the said will to this defendant after it was executed for safe keeping. That the deponent kept the same until he gave it to Sylvester Sherman one of the executors named in said will. Sworn & subscribed this 29th day of October A. D. 1832 John Frink Before me Ebenezer Mix Surrogate Genesee County S.S. Sylvester Sherman being duly sworn saith that after the death of Stephen Sherman which was on the twentyeth day of August last John Frink gave to the deponent a certain instrument in writing purporting to be the last will and testament of said Stephen Sherman which is the same instrument now shown unto him & that he kept the same until he gave it to the Surrogate of the county of Genesee for probate. Sworn & Subscribed This 29th day of Syvester Sherman October A. D. 1832 Before me Ebenezer Meix Surrogate (start of page 309) I Stephen Sherman of the town of Sheldon County of Genesee and the State of New York do make and ordain this my last will and testament, in manner and form following ??. I give and bequeath to my son Stephen Sherman Junior Five dollars and in addition to what he has already received. To my son Stukely Sherman I give and bequeath in addition to what he has already received Five dollars and to my daughters Hester Mann and Lucy Mann I give and bequeath the like some of Five Dollars each. To my son Sanford Shearman I give One Hundred and Five Dollars in addition to what he has already received. To my Daughter Eliza Baggett I give Thirty Dollars. To my grand Daughter Lucy (or perhaps Sarcy) Sherman daughter of Samuel Sherman deceased I give and bequeath charges and demands that otherwise would by my due for her maintenance and support schooling on condition that she lives with me or my wife untill she shall arive to Eighteen years of age but should she leave us before that time then the above mentioned charges are to be collected from her dower as other debts due to me are and shall belong to my estate, but in case that neither my self or my wife should live until that she is eighteen years of age then if she remain with us or either of us while we do live the above demand is not to be collected of her. To my sons Sylvestor Sherman & Siria Sherman I give and bequeath the farm on which I now live dividing it by North & South line drawn through center of said farm giving Sylvester the west half of the same and also the house he calls his and giving Siria the colt known as his coalt. And to my truly and well beloved wife Asa Sherman I give and bequeath two cows and ten Sheep and the use and occupancy of my house and all the household furniture so long as she shall remain my widow and no longer during which time she is to be supported from produces of the farm and all of the personal property that may be (start of page 310)left after paying my debts, funeral charges & the above bequeath it is my will that the same be equally divided among my children leaving enough at the same time for my wife's support and said Sylvester and Syria is to occupy said farm and provide for my wife's support and I do hereby nominate Sylvester Sherman & Syria Sherman my sons executors of this my last will and Testament hereby revoking all other and former wills by me at any time heretofore made in witness where of I have hereto set my hand and seal this fifth day of March one thousand eight hundred and thirty two Signed Sealed and declared and published by the said Testator Stephen Sherman Stephen Sherman SS as and for his last will and Testament in the presence of us who have subscribed our names as witnesses thereto in the presence of the said Testator John Frink of the town of Sheldon and county of Genesee and State of New York James Case of the town of Sheldon & county of Genesee and Stqte of New York State of New York Genesee Surrogate Court -- Be it remembered that on the twenty ninth day of October A. D. 1832 the written instrument in writing purporting to be the last will and testament of Stephen Sherman deceased devising real estate was legal proved in said court before Ebenezer Meir Esquire Surrogate of said county of Genesee to have been legally executed by the said Stephen Sherman at a time when was in all respect competent to devise real estate and not under any manner restraint whatever To all which I hereby certify under my official Seal and signature at Batavia this nineteenth day of December A. D. 1832 Ebenezer Meix Surrogate (start of page 311) State of New York Genesee Surrogate Court -- Be it remembered that on the twenty ninth day of October A. D. 1832 the written instrument in writing purporting to be the last will and testament of Stephen Sherman deceased bequeathing personal property was legal proved in said court before Ebenezer Meir Esquire Surrogate of said county of Genesee to have been duly executed by the said Stephen Sherman & was then admitted to probate. To all which I hereby certify under my offical signature at Batavia this nineteenth day of December A. D. 1832. Ebenezer Meix Surrogate ********************************* (Page 317) Genesee Cunty Surrogate Court In the matter of the proof of the Last will and testament of Stephen Sherman late of the Town of Sheldon In the county of Genesse, deceased Genesee County S. S. John Frink being duly Sworn saith that he was well acquainted with Stephen Sherman late of the Town of Sheldon in the county of Genesse deceased, in this lifetime that on or about the fifth day of march A. D. 1832 he saw the said Stephen Sherman while at his own dwelling house in Sheldon aforesaid sign & executed a certain instrument in writing purporting to be his last will and Testemant bearing date the said fifth day of March one thousand eight hundred and thirty two which is the same instrument now shown unto him. That he heard the said Stephen Sherman declare the same to be his last will and testament that at the time there of the said Stephen Sherman was over the age of twenty one years of sound mind and memory and was under no manner of restraint. As this despondent verily believes that they deponent together with James Case (not sure of spelling) signed the said ( page 318) will as a witness thereto in the presence of the testator and at his request that the said testator gave the said will to this defendant after it was executed for safe keeping. That the deponent kept the same until he gave it to Sylvester Sherman one of the executors named in said will. Sworn & subscribed this 29th day of October A. D. 1832 John Frink Before me Ebenezer Mix Surrogate Genesee County N. Y. Sylvester Sherman being duly sworn saith that after the death of Stephen Sherman which was on the twentyeth day of August last John Frink gave to the exponent a certain instrument in writing purporting to be the last will and testament of said Stephen Sherman which is the same instrument now shown unto him & that he kept the same until he gave it to the Surrogate of the county of Genesee for probate. Sworn & Subscribed to this 29th day of October Syvestor Sherman A. D. 1832 Before me Ebenezer Meix Surrogate I Stephen Sherman of the Town of Sheldon County of Genesee and the State of New York do make ordain this my last will and testament, in manner and form following ?? I give and bequeath to my son Stephen Sherman Junior Five dollars and in addition to what he has already received to my son Stukely Sherman I give and bequeath in addition to what he has already received Five dollars and to my daughters Hester Mann and Lucy Mann I give and bequeath the like some of Five (page 319) Dollars each. To my son Sanford Sherman I give One Hundred and Fifty Dollars in addition to what he has already received. To my Daughter Eliza Baggett I give Thirty Dollars. To my Grand Daughter Lucy (or perhaps Sarcy) Sherman daughter of Samuel Sherman deceased I give and bequeath charges and demand that otherwise would by my due for her maintenance and support schooling on condition that she lives with me or my wife untill she shall arive to Eighteen years of age but should she leave us before that time then the above mentioned charges are to be collected from her dower as other debts due to me are and shall belong to my estate, but in case that neither my self or my wife should live until that she is Eighteen then if she remain with us or either of us while we do live the above demand is not to be collected of her. To my sons Sylvestor Sherman & Siria Sherman I give and bequeath the farm on which I now live dividing it by North & South line drawn through the center of said farm giving Sylvester the west half of the same and also the house he calls his and giving Siria the colt known as his. And to my truly and well beloved wife Asa (or perhaps Ase) Sherman I give and bequeath two cows and ten Sheep and the use and occupancy of my house and all the household furniture so long as she shall remain my widow and no longer during which time she is to be supported from produce of the farm and all of the personal property that may be left after paying my debts, funeral charges and the above bequeath it is my will that the same be equally divided among my children leaving enough at the same time for my wife's support and said Sylvester and Syria is to occupy said farm and provide for my wife's support and I do hereby nominate Sylvester Sherman & Syria Sherman my sons executors of this my last will and Testament hereby revoking all other and former will by me at any time here to fore made in witness where of I have herefore set my hand and seal this fifth day of March one thousand eight hundred and thirty two. Signed Sealed published and (page 320) declared by the said Testator Stephen Sherman SS Stephen Sherman as and for his last will and Testament in the presence of ?? who have subscribed our names as witnesses thereto in the presence of the said Testator John Frink of the town of Sheldon and county of Genesee and State of New York. State of New York Genesee Surrogate Court -- Be it remembered that on the twenty ninth day of October A. D. 1832 the written instrument in writing purporting to be the last will and testament of Stephen Sherman deceased devising real estate was legal proved in said court before Ebenezer Meir Esquire Surrogate of said county of Genesee to have been duly executed by the said Stephen Sherman at a time when was in all respect competent to devise real estate and not under any restraint whatever ---- To all which I hereby certify under my official Seal and signature at Batavia this nineteenth day of December A. D. 1832 State of New York Genesee Surrogate Court -- Be it remembered that on the twenty ninth day of October A. D. 1832 the written instrument in writing purporting to be the last will and testament of Stephen Sherman deceased bequeathing personal property that was legal proved in said court before Ebenezer Meir Esquire Surrogate of said county of Genesee to have been duly executed by the said Stephen Sherman & was then admitted to probate. To all which I hereby certify under my offical signature at Batavia this nineteenth day of December A. D. 1832. (end of page 320)