WILL: Libbeus Allen; Oakfield, Genesee co., NY
surname: Allen, Mentz, Metz, Kennedy, Williams, Ware, Moore, Musgrove

submitted by Leland Allen Musgrove (leemus @ sbcglobal.net)
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Last Will and Testament of Libbeus Allen of Oakfield, Genesee County, New York
Transcribed from SAMPUBCO by Leland Allen Musgrove
Genesee County, New York, NY, Will Book Vol. 20, Page 55

Note:  The name, Ella Mentz, written in the will is really Ella Metz.

Libbeus Allen Testator
At a Surrogate's Court, held in and for the County of Genesee, at the
Surrogate's Office in the Town of Batavia, in said county, on the 13th of
February in the year of our Lord one thousand eight hundred and eighty eight
                              Present  Myron H Peck

Genesee County }ss,
     Be it remembered, that heretofore, to wit:  on the 16th of December in
the year of our Lord one thousand eight hundred and eighty seven William Allen
Executor named in the Last Will and Testament of Libbeus Allen late of the
town of Oakfield, in the county of Genesee, deceased, appeared in open court
before the Surrogate of said county, and made application to have said Last
Will and Testament, which relates to real and personal estate, proved; and on
such application the Surrogate did ascertain, by satisfactory evidence, who
were the heirs and next of kin of the Testator, and their respective
residences.

     And said Surrogate did thereupon issue such a citiation in due form of
law, directed to John Jerome Allen one of the heirs and next of kin by his
name his place of residence being unknown, requiring him to appear before the
said Surrogate at his office in the town of Batavia, in said county, on the
13th day of February 1888, to attend the probate of said Will.

     And afterwards on the 13th day of February aforesaid, satisfactory
evidence by affidavit was produced and presented to said Surrogate, of the due
service of said citation, in the mode prescribed by law, and said William
Allen Executor as aforesaid, appeared for the purpose of proving said Will and
the remaining heirs and next of kin being of full age and having duly in
writing waived the issue and service upon them as aforesaid of a Citation to
appear in this Court and attend to the probate of such Will and no one
appearing to contest the probate of such Will, such proceedings were thereupon
had, that the Surrogate took the proof of said Will hereinafter set forth,
upon this 13th day of February A. D. 1888, and adjudges the same to be a valid
Will of real and personal estate, and the proofs thereof to be sufficient,
which said last Will and Testament and proofs are as follows, that is to say:

     The Last Will and Testament of Libbeus Allen of the Town of Oakfield
Genesee County New York

     After the payment of all my debt, and funeral expenses I dispose of my
property as follows:

     First I give and bequeath to my son Walter Allen five dollars; to my
daughter Jane Soule fifty dollars; to my son John Jerome Allen five dollars;
to my daughter Laura Kennedy fifty dollars

     Secondly I give and bequeath to the children of my said daughter Laura
Kennedy living at the time of my decease, the sum of two thousand dollars to
be divided equally between such children living at the time of my decease.

     Thirdly All the rest and residue of my property I direct to be divided
into nineteen shares.  One share I give to my son William Allen;  one share I
give to his wife Rebecca Allen;  one share I give to my grand children Jennie
Williams and Allen Williams to divided equally between them;  one share I give
to my granddaughter Jennie Clark;  one share I give to my grandson Frank
Allen; one share I give to my son Seneca Allen;  one share I give to his wife
Maria Allen;  one share I give to his daughter Retta Allen;  one share I give
to my grandson Walter Allen son of said Seneca;  one share I give to my Great
grandchild Lelana Ware;  to Electa Allen wife of my son Walter Allen I give
one share;  to his son Clair Allen I give one share;  to his daughter Lycia
Musgrove I give one share;  to his daughter Ella Mentz I give one share;  to
his daughter Edith Allen I give one share;  and to his son Wade Allen I give
one share;  to Elgina Allen wife of my son John Jerome Allen I give one share; 
to Jennis Moore daughter of said John Jerome, I give one share and to Cora
Meeker daughter of said John Jerome I give one share

     And in case any of the foregoing legatees shall or may have any legal
account against my estate the same shall be deducted from the share or legacy
herein before bequeathed to him or her

     I appoint as the executor of this will hereby revoking all former wills
by me made my son William Allen and hereby authorize and empower him to sell
and convey all the real estate that I may own at my decease as soon after my
decease as can be done without sacrifice thereto and convert the same into
personal property which is to be added to my other personal property and the
whole to be disposed of as hereinbefore provided by this will.
     In Witness Whereof I have hereunto set my hand and seal this 7th day of
December 1883--
                              
                              Libbeus Allen  (L?)

     The foregoing instument was as the date thereof subscribed by the above
named Libbeus Allen in our presence and he declared the same to be his last
Will and Testament and requested us to sign our names as witnesses which we do
in his presence. 
     H Bleoni   Batavia, Genesee Co. NY.
     Harriet M Cone,  Batavia, Genesee Co. NY.

Genesee County--Surrogate's Court
In the matter Proving the Last Will and Testament of Libbeus Allen deceased,
}Genesee County--ss.
Hobart Bleoni and Harriet M Young formerly Harried M Cone of the town of
Batavia in said County being first duly sworn and examined before the
Surrogate of said County, in open Court do depose and say that they were well
acquainted with Libbeus Allen late of the town of Oakfield in said County,
deceased, that they are subscribing witnesses to the instrument purporting to
be the last Will and Testament of the said decedent, now shown and exhibited
to him

     And these deponents further say, that the said decedent did in their
presence subscribe his name at the end of the instrument which is now shown
and exhibited to them and offered for probate, and which purports to be the
last Will and Testament of the said decedent, and which bears date the 7th day
of December in the year of our Lord one thousnad eight hundred and eighty
three; that the said decedent, at the time of subscribing his name to the said
instrument as aforesaid, did declare the said instrument so subscribed, to be
his last Will and Testament; and these deponents did thereupon severally
subscribe their own names at the end of said instrument as attesting witnesses
to the execution thereof, at the request and in the presence of the said
decedent, an in the presence of each other; that said decedent, at the time of
subscribing his name to the said instrument as aforesaid, was upwards of
twenty-one years of age; that he appeared to be of sound mind and memory, and
in all respects competent to devise real and to bequeath personal estate and
that he was not under any restraint to the knowledge or belief of these
deponents; and that said last Will and Testament was so executed and published
on or about the 7th day of December in the year of our Lord one thousand eight
hundred and eighty three.


Subscribed, sworn and examined this 13th}              Hobart Bleoni
day of February A.D. 1888, before me.      }                                 
Hattie M Young
          M H Peck Surrogate.


GENESEE COUNTY }
SURROGATE'S COURT }

     It appearing on the proofs duly taken in respect to the last Will and
Testament of Libbeus Allen late of the town of Oakfield, in the County of
Genesee, deceased, that the said Will was duly executed and the said Libbeus
Allen at the time he executed the same was in all respects competent to devise
real and to bequeath personal estate, and not under restraint; the said Will
and Testament and the said proofs and examinations now here recorded, are
signed and certified by me pursuant to the provision of the laws of this
State, on this 13th day of February in the year of our Lord one thousand eight
hundred eighty eight.

                                   Myron H. Peck, Surrogate