WILLS: Ford, David; Fairfield, Herkimer co., NY
surnames: Ford, Churchill, Franklin

submitted by Al White (alwhite at comcast.net)
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File: http://files.usgwarchives.org/ny/dutchess/wills/vp/ford-david.txt
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Source: sampubco.com
Herkimer Co NY Will Book Vol P page 58
Written: 14 June 1859
Probated: 13 February 1871

LAST WILL AND TESTAMENT OF DAVID FORD
                                
Transcribed from SAMPUBCO by Allen L. White (alwhite@comcast.net)

County of Herkimer Surrogates Court.  In the matter of proving the last Will
and Testament of DAVID FORD, deceased Herkimer County.  William W. Mosher of
the town of Fairfield in the County of Herkimer being duly sworn and examined
in open court before Amos H. Prescott, Surrogate of Herkimer County doth
dispose and say that he was well acquainted with MORGAN S. CHURCHILL and
SAMUEL C. FRANKLIN each late of the town of Fairfield in the County of
Herkimer deceased and with _____ and each of his manner and style of
handwriting having often seen them and each of them write and that he verily
believes that the signatures of MORGAN S. CHURCHILL and SAMUEL C. FRANKLIN
each signed as a witness to the instrument in writing now produced and shown
to this deponent, bearing date on the 14th day of June, A.D. 1859 purporting
to be the Last Will and Testament of DAVID FORD late of the Town of Fairfield
in said County deceased is the true and genuine handwriting and signatures of
the said MORGAN L. CHURCHILL and SAMUEL L. FRANKLIN and each of them and
deponent further says that the said MORGAN L. CHURCHILL and SAMUEL C. FRANKLIN
are both deceased.

Sworn, examined and subscribed before me, this sixth day of February, A.D.
1871.  AMOS H. PRESCOTT, Surrogate   
                           W. W. MOSHER

County of Herkimer Surrogates Court.  In the matter of proving the Last Will
and Testament of DAVID FORD deceased.  Herkimer County ss. EZRA GRAVES of the
town of Herkimer in the County of Herkimer being duly sworn and examined in
open Court before AMOS H. PRESCOTT, Surrogate of Herkimer County doth depose
and say that he was well acquainted with MORGAN L. CHURCHILL and SAMUEL C.
FRANKLIN each late of the Town of Fairfield in the County of Herkimer,
deceased and with their and each of his manner and style of handwriting having
often seen them and each of them write and that he verily believes that the
signatures MORGAN L. CHURCHILL and SAMUEL L. FRANKLIN, each signed as a
witness to the instrument in writing was produced and shown to this deponent,
bearing date on the 14th day of June A.D. 1859 purporting to be the Last Will
and Testament of DAVID FORD late of the Town of Fairfield in said County
deceased is the true and genuine handwriting and signatures of the said MORGAN
L. CHURCHILL and SAMUEL C. FRANKLIN and each of them and deponent further says
that the said MORGAN L.  CHURCHILL and SAMUEL C. FRANKLIN are both deceased.

Sworn, examined and subscribed before me, this sixth day of February, A.D.
1871.  AMOS H. PRESCOTT, Surrogate   
                           EZRA GRAVES

County of Herkimer, Surrogates Court.  In the matter of proving the Last Will
and Testament of DAVID FORD deceased Herkimer County ss. ORRIN FORD of the
town of Saratoga in the County of Saratoga and STEPHEN J. REYNOLDS of the town
of Newport in the County of Herkimer being each virally duly sworn and
examined in open court before AMOS H. PRESCOTT Surrogate of Herkimer County
doth each severally depose and say that he was well acquainted with DAVID FORD
late of the town of Fairfield in the County of Herkimer deceased and with his
manner and style of handwriting having often seen him write and that he verily
believes that the signature DAVID FORD signed to the instrument in writing now
produced and shown to these deponents bearing date of the 14th day of June
A.D. 1859 purporting to be the Last Will and Testament of said DAVID FORD
deceased in the true and genuine handwriting and signature of the said DAVID
FORD and deponents further say that the said DAVID FORD is now deceased.

Sworn, examined and subscribed before me this 13th day of February A.D. 1871. 
AMOS H. PRESCOTT, Surrogate
                           STEPHEN J. REYNOLD
                           O. FORD

                              WILL

I DAVID FORD of the Town of Fairfield Herkimer County and State of New York
being of sound mind and memory do make and publish this my Last Will and
Testament in manner and form following that is to say.

FIRST.  I give and devise unto my two sons, ALDIS D. FORD and ALBIGENCE W.
FORD jointly my farm that I now live on, to have and to hold the same to
themselves, their heirs and assigned forever.

SECOND.  I also give and bequeath unto my before named Sons ALDIS D. and
ALBIGENCE W. all the stock of every kind and description, farming implements
and dairy utensils belonging or appertaining to my aforementioned farm that
each may share and share alike.

THIRD.  The preceding devise and preceding bequest are made upon the following
express conditions.  That is to say that my aforementioned sons are to pay out
of said devise and bequest.

FIRST.  To my son ALBERT H FORD the sum of six hundred and forty dollars.

SECOND.  To my son WILLIAM B. FORD the sum of one thousand four hundred and
two dollars.

THIRD.  To my son ORRIN A. FORD nine hundred and sixty two dollars.

FOURTH.  To my daughter LYDIA ANN SAGE the sum of one thousand nine hundred
and seventy eight dollars.
     
FIFTH.  To my daughter SARAH A. KEITH the sum of one thousand five hundred and
sixty two dollars.
     
SIXTH.  To my daughter ALMIRA BOWEN the sum of one thousand six hundred and
seventy one dollars.
     
SEVENTH.  To my daughter MARY E. BROUGHTON the sum of one thousand eight
hundred and seventy on dollars.
 
ITEM.  I give and bequeath unto my ten heirs, namely ALBERT H. FORD, WILLIAM
B. FORD, ALDIS D. FORD, ORRIN A. FORD, LEONARD B. FORD, ALBIGENCE W. FORD,
LYDIA ANN SAGE, SARAH A. KEITH, ALMIRA BOWEN and MARY E. BROUGHTON all my
household furniture, bonds, mortgages, money, notes accounts and demands of
whatsoever name or nature (except what is hereinafter otherwise disposed of
after paying there from all my debts, funeral expenses and erecting at my
grave a monument in memory of me forever to be divided equally between them
that each may share and share alike. 

ITEM.  I give and bequeath to each of the following heirs? all the receipts,
notes and accounts that I hold severely against them dated previous to the
year one thousand eight hundred and fifty four.  Namely ALBERT H. FORD,
WILLIAM B. FORD, ORRIN A. FORD, LEONARD B. FORD, LYDIA ANN SAGE, SARAH A
KEITH, ALMIRA BOWEN and MARY E. BROUGHTON which receipts, notes and accounts
are in no will to be reckoned or compiled? as assets of my estate.

ITEM.  That the bequest made to my daughter MARY E. BROUGHTON under the
seventh stipulation of this my Will, may not be misunderstood or
misapprehended towards the payment thereof I order my executors hereinafter
named to charge her with the principal and interest due Feb 4th, 1859 on a
certain bond and mortgage executed by MICHAEL and ADAM NESS? to DAVID S.
WARREN bearing date March 31st, 1853 and assigned to me by said WARREN April
1st, 1857 and by me assigned to said MARY E. February 4th, 1859.

ITEM.  And lastly, I do hereby appoint my son ALBIGENCE W. FORD and my son in
law EDWIN L. BOWEN my executors 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 14th day of June
in the year of our Lord, one thousand eight hundred and fifty nine.
                                     DAVID FORD

The forgoing instrument consisting of one sheet was at the date thereof
declared to me by DAVID FORD the testator therein mentioned to be his last
will and testament and we at his request sign our names hereto as attesting
witnesses.
MORAGAN L. CHURCHILL of Middleville, Herkimer Co.
SAMUEL C. FRANKLIN Middleville, Herkimer Co.

State of New York
Herkimer County
Surrogates Office
Be it remembered that on the 13th day of February A.D. 1871 the last will and
testament of DAVID FORD late of the town of Fairfield in said County of
Herkimer, deceased bearing date the 14th day of June A.D. 1859 (being the
annexed? Written instrument) was duly proved before AMOS H. PRESCOTT Surrogate
of said county of Herkimer, according to law as and for the last will and
testament of the real and personal estate of the said deceased which said last
will and testament and the proofs and examinations taken thereon are recorded
in this office in Book "P" of Wills on page 51 and following.

In testimony whereof I AMOS H. PRESCOTT, Surrogate of said County have
hereunto set my hand and seal of office at the Surrogates Office in the
Village of Herkimer this 13th day of February A.D. 1871.
                      AMOS H. PRESCOTT Surrogate

I, AMOS H. PRESCOTT, Surrogate of Herkimer County, do hereby certify the
foregoing to be a true copy and record of the last Will and Testament of DAVID
FORD late of the town of Fairfield, deceased propounded for probate and duly
proved before me and also of the proofs and examinations taken before me in
relation thereto.
                 Dated Herkimer, February 13th, 1871
                      AMOS H. PRESCOTT\
                      Surrogate