WILL: Hannah Thomas; Bethany, Genesee co., NY surname: Thomas, Childs, Briurdage, Frink, Daniels, Freeman submitted by Marge Thomas Thompson (margdon1 at verizon.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: November 16, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 14 Kb ************************************************ Source: Sampubco.com Genesee co NY Wills Vol. 4, Page 24 Written: June 24, 1845 Recorded: September 1, 1845 Transcribed from SAMPUBCO copy by Marge Thomas Thompson The Last Will and Testament of Hannah Thomas of Bethany in the County of Genesee, and State of New York I Hannah Thomas considering the uncertainty of this mortal life and being of sound mind and memory (blessed be Almighty God for the same) do make and publish this, my Last Will and Testament, in a manner and form following, (that is to say) First, I give and devise to my daughter Marianne Childs wife of Naham M. Childs her heirs and assigns All that certain tract of Land situate lying and being in the County of Genesee in the State of New York being part and parcel of a certain Township which in a map or survey of ____ tracks or Townships of Land made for the Holland Land Company by Joseph Ellicott Surveyor, is distinguished by Township number eleven in the first Range of said Townships, and which said Tract of Land on a certain other map or survey of said Townships into lots made for the said Holland Land Company by the said Joseph Ellicott, is distinguished by part of Lot number seven in said Township. Bounded south by Land conveyed by the said Joseph Ellicott to Peter Wilkinson by Deed being date the eighth day of December in the year 1813, sixty chains eighteen links, West by part of Lot number fifteen, sixteen chains sixty-three links. North by a line parallel with the south bounds of said Lot number seven, sixty-chains twelve links, and East by the Eastern Transit Meridian line, sixteen chains, sixty three links, containing one hundred acres be the same more or less to hold to her the said Marianne Childs, her heirs and assigns forever, the said Marianne Childs her heirs, executors, administrators and assigns paying the sum of five hundred dollars in manner following, to Minerva Thomas, my daughter, to wit, the sum of twenty-five Dollars annually without interest in each and every year until the said sum of five hundred dollars shall be paid, the first of said installments of twenty five Dollars, to be paid as aforesaid, at the end of one year after my decease, and also providing for my said daughter Minerva for and during her natural life, a home at the dwelling house on said above described premises, furnishing her with good and wholesome food and lodging, and also suitable conveyance to ride in, whenever the said Minerva may desire to ride, in a word providing everything necessary for her comfort in this life, except the single article of clothing. The said Marianne Childs, her heirs, executors, administrators and assigns, also paying to my son Benjamin F. Thomas the sum of one hundred and sixty Dollars, in eight installments as follows, to with, twenty-one dollars and five cents annually, during each and every year for the space of seven years the first of said installments to be paid at the end of two years after my decease and the rest of said seven installments annually thereafter until said seven installments of $21.05 shall be paid, and in one year thereafter after the payment of the last of said seven installments meaning the sum of twelve dollars and sixty-five cents. And the said Marianne Childs also paying to my daughter Lucy H. Briurdage(?) the sum of one hundred and twenty Dollars and to my daughter Delia Frink(?) the sum of one hundred and twenty Dollars, and to my son James Thomas the sum of one hundred and twenty Dollars, and to my daughter Emily Daniels also the sum of one hundred and twenty Dollars, and also to my daughter Betsey Freeman, the like sum of one hundred and twenty Dollars. The said several sums of one hundred and twenty Dollars to be paid in manner following, that is to say, the sum of fifteen Dollars and seventy-nine cents to be paid to each and every of them at the end of two years after my decease, and thereafter to each and every of them annually the said sum of fifteen Dollars and seventy-nine cents until there shall have been paid to each and every of them the sum of one hundred and ten Dollars and fifty-three cents, and at the end of one year after the said sum of $110.53 shall have been paid, as aforesaid, the further sum of nine Dollars and forty-seven cents to each and every of them. And also paying to my son Daniel M. Thomas, the sum of ten cents at the expiration of one year after my decease. Secondly, I give and bequeath to Naham M. Childs husband of my daughter Marianne Childs, all my Personal property except that hereinafter given and bequeathed by me to my daughter Minerva. The said Naham M. Childs paying all just debts which shall be owing by me at the time of my decease, and also paying all my funeral expenses, and charges of burial. And lastly, I give and bequeath to my said daughter Minerva all my household furniture, and I hereby appoint Joseph Adgate of Bethany in the County of Genesee and State of New York, sole executor of this my last Will and Testament, hereby revoking all forever wills by me made. In witness wereof I have hereunto set my hand and seal, the twenty-fourth day of June, in the year of our Lord One thousand eight hundred and forty-five. The above instrument consisting of one sheet was now here subscribed by Hannah Thomas(SS) Hannah Thomas the testator in the presence of each of us, and was at the same time declared by her to be her Last Will and Testament, and we at her request sign our names hereto as attesting witnesses. Daniel Deshon, residing in Bethany, Genesee County Mary Deshon, residing in Bethany, Genesee County ++++++++++++++++++++++++++++++++++++++++++++++== State of New York Genesee, County Be it remembered at a Surrogate Court holden at Batavia in and for the County of Genesee, in the first day of September in the year of our Lord one thousand eight hundred and forty five before Samuel Willett Esquire Surrogate of said County the Last Will and Testament of Hannah Thomas of the town of Bethany, in said County of Genesee deceased, of which the preceding record of a Will is a true copy, was admitted to be proved and recorded as a Will of Real and Personal Estate after citation to the heirs and next of kin of the said deceased had been issued, served, returned and filed according to the law, requiring them to appear before the said Surrogate to attend the proof of the said Will and after the return and filing the said citation with due proof of the service thereof in the mode prescribed by law, the said Will was produced in the said Surrogate Court before the said Surrogate, and the following depositions of the witnesses were taken to establish the genuineness and validity of the said Will for the purpose of having the same proved and recorded as a Will of Real and Personal Estate. ++++++++++++++++++++++++++++++++++++++++++++++++++++++ County of Genesee Surrogate Court In the matter of proving the will of Hannah Thomas deceased. County of Genesee p Daniel Deshon of the town of Bethany in the County of Genesee aforesaid, being duly sworn doth depose and say that on or about the twenty-fourth day of June 1845, the instrument now shown to this Deponent purporting to be the Last Will and Testament of Hannah Thomas, was delivered to this Deponent for safe keeping by the testatrix and that the instrument now produced and offered for Probate is the same instrument which was so delivered as aforesaid to this Deponent, and further this Deponent saith that the said instrument was safely and securely kept by this Deponent in his possession from that time until on the tenth day of July in the year of our Lord one thousand eight hundred and forty-five, when the said instrument was delivered by this Deponent to the Surrogate of said County. Subscribed and worn this Daniel Deshon first day of September 1845 before me. Samuel Willett Surrogate of Genesee County ++++++++++++++++++++++++++++++++++++++++++++++++++++++ County of Genesee Surrogate Court In the matter of proving the Last Will and Testament of Hannah Thomas late of Bethany in said County, deceased County of Genesee p Mary Deshon of the town of Bethany in the County of Genesee aforesaid, being duly sworn doth depose and say that she is a subscribing witness to the last Will and Testament of Hannah Thomas late of the town of Bethany in the County of Genesee aforesaid deceased. And this deponent further saith that the said Hannah Thomas and the said Testatrix, did in the presence of this Deponent subscribe her name at the end of the instrument which is now shown and exhibited to the Deponent and which purports to be the last Will and Testament of the said Hannah Thomas and which bears date on the twenty-fourth day of June in the year of our Lord one thousand eight hundred and fourty-five. And this Deponent further saith that the said testatrix did at the said time of subscribing her name as aforesaid at the end of the said Will declare the said instrument so subscribed and now exhibited to be her last Will and Testament, and this Deponent and Daniel Deshon did thereupon subscribe their names at the end of the said Will, as attesting witnesses thereto, in the presence and at the request of the said Testatrix. And this Deponent further saith that at the said time where the said testatrix subscribed her name to the said last Will as aforesaid, and at the time of this Deponent's subscribing her name as an attesting witness thereto as aforesaid, the said Testatrix was of sound mind and memory, of full age to execute a Will and was not under any restraint. And that the said Will now appears in all respects, as when so executed, without any altercation whatsoever. Subscribed and sworn this Mary Deshon first day of September 1845 before me. Samuel Willett Surrogate of Genesee County ++++++++++++++++++++++++++++++++++++++++++++++++++++++ County of Genesee Surrogate Court In the matter of proving the last Will and Testament of Hannah Thomas late of Bethany, in said County, Deceased County of Genesee p. Daniel Deshon of the town of Bethany in the County of Genesee aforesaid, being duly sworn doth depose and say that he is a subscribing witness to the last Will and Testament of Hannah Thomas late of the town of Bethany, in the County of Genesee, aforesaid deceased. And this deponent further saith that the said Hannah Thomas the said Testatrix did in the presence of this Deponent subscribe her name at the end of the instrument which is now shown and exhibited to this Deponent, and which purports to be the Last Will and Testament of the said Hannah Thomas, and which bears date on the twenty-fourth day of June in the year of our Lord one thousand eight hundred and forty-five. And this Deponent further saith, that the said testatrix did, at the said time of subscribing her name as aforesaid at the end of the said Will, declare the said instrument so subscribed and now exhibited to be her last Will and Testament, and this Deponent and Mary Deshon did thereupon subscribe their names at the end of the said will as attesting witnesses thereto, in the presence and at the request of the said Testatrix. And this Deponent further saith, that at the said time when the said Testatrix subscribed her name to the said last Will as aforesaid and at the time of this Deponents subscribing his name as a attesting witness thereto as aforesaid, the said Testatrix was of sound mind and memory of full age to execute a Will and was not under any restraint. And that the said Will now appears in all respects, as when so executed without any alteration whatsoever.. Subscribed and sworn this first day of September 1845 before me. Samuel Willett Surrogate of Genesee County ++++++++++++++++++++++++++++++++++++++++++++++++++++++ Genesee County p. I Samuel Willett Surrogate of said County do hereby certify the preceding to be a true Record of the Will of Hannah Thomas deceased and of the proceedings proofs and examinations had and taken therein, on admitting the same to be proved and recorded as a Will of Real and Personal Estate pursuant to the Statute in such case made and provided and that all the same were recorded and examined this first day of September A.D. 1845. Samuel Willett Surrogate Additional Comments: Hannah Thomas is believed to be Hannah Miller born Connecticut who married James Thomas July 29, 1798 in New Haven, Conn. They moved to Pennsylvania before 1808 and then to Genesee County, NY where they died per their son James' obituary.