WILL: Knight D. Reed; Ellisburg, Jefferson Co., NY submitted by Barbara L. Sherman (sherman13@military.com) ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.rootsweb.com/~usgenweb *********************************************************************** Transcribed from SAMPUBCO copy Jefferson Co., NY Will Book Vo. 1 page 214 State of New York, Jefferson County: At a surrogate court held in and for the county of Jefferson at the office of the surrogate in the town of Watertown in said county on the 17th day of January A.D 1850. Present Lysander H. Brown, Surrogate - In the matter of proving the will of the real and personal estate of Knight D. Read deceased. Be it remembered that on the 24th day of December A.D. 1849, Noah Bull of the town of Ellisburg in such county came before the said surrogate and made and filed his petition on oath stating and hereby the surrogate was satisfied that Knight D. Reed, late an inhabitant of the town of Ellisburg and owning real and personal estate therein has died after having made and published his last will and testament disposing of said estate and therein had appointed the said Noah Bull the sole executor that the said Knight D. Reed left him surviving at the time of his death the following named heirs, widow and next of kin and none others-wife Polly Reed, widow, Lewis M. Truesdell, Laura Jane Vorce, Mary Whitney, Knight D. Whitney and Clark Whitney, all residing in the said town of Ellisburg-that the said Lewis M. Truesdell, Laura Jane Vorce, Mary Whitney, Knight D. Whitney and Clark Whitney are minors under the age of twenty one years, having no general guardian-and by said petition it was prayed that the said will might be proved as a will of real and personal estate and that such proceedings might be held therefore as the law requires. Thereupon the said surrogate being satisfied of the truth of the matter stated and set forth in said petition and on reading and filing the consent in making of Luther J. Dorwin of Watertown in said county to be appointed to act as special guardian for said minors in the premises did by order appoint the said Luther J. Dorwin special guardian for the minors above named for the sole purpose of taking care of their interests in the premises respectively and did also a citation under his hand and official seal being due the 24th day of December A.D 1849 directed to the person above named and to Luther J. Dorwin special guardian as aforesaid stating their places of residence respectively and that Noah Bull, the executor named in said will, has applied to the said surrogate to have said will proved as a will of real and personal estate and requiring them to be and appear before said surrogate at his office in the village of Watertown in the county of Jefferson on the 7th day of January A.D. 1850 at 10 o'clock in the forenoon then and there to attend the probate of said will. Thereupon the precept was continued until the return day thereof at which last mention of time and place the parties appeared in court before said surrogate and it was satisfactorily proved to said surrogate that said citation had been duly served on all the parties according to law by affidavit then and there made and filed and that the above named persons constitute all the heirs at Law and next of kin of said deceased. Thereupon by consent of parties the further hearing of said matters was adjourned to the 17th day of January A.D 1850 at same place and time of day, at which last mentioned time and place the parties appeared in court before said surrogate who thereupon proceeded to hear the proofs and allegations of the parties in the premises. The said will was produced and Edwin Scott and Emory Scott the subscribing witnesses to said will were severally sworn and testified as such witnesses, which testimony after being reduced to writing was carefully read over to and subscribed by them respectively and the same was recorded as follows in this book. Thereupon the said surrogate being satisfied by said proofs and examinations that the said Knight D. Reed at the time of execution this same was of sound and disposing mind memory and understanding of full age and not under any restraint and competent to make a will and that said will was duly made and published as a will of real and personal estate-doth order adjudge and desires that the said will be and the same is hereby proved approved established and confirmed as a good and valid will of real and personal estate and that the same be recorded as such and the same with the proofs thereof taken was recorded on the day and year first aforesaid in the office of said surrogate in the book kept for that purpose which record follows immediately herein after in this book-and it is further ordered that letters Testamentary to Noah Bull, he having first take and subscribed the oath required by Law for that purpose. Witness (?) Lysander H. Brown Surrogate of said County Recorded January 17 A.D 1850 - the day and year first aforesaid. WILL The last will and testament of Knight D. Reed of the town of Ellisburg, county of Jefferson and state of New York. Considering the uncertainty of the mortal life and being of sound mind and memory, blessed by Almighty God for the same do make and publish this my last will and testament in manner following that is to say: I give and bequeath to my beloved wife, Polly, the use and occupation of all and the whole of the farm where I now live consisting of about forty five acres of land together with all the buildings and privileges I have belonging during her natural life. Also the use of one other piece of land of about forty five acres of land lying west of land owned by Prior Scott and cited the woodlot during her natural life. Second, I will and bequeath unto my grandson, Lewis M. Truesdell all the undivided half of the farm, cited the Boomer Lot. Also, the undivided half of about forty five acres of Rock land joining the Boomer lot on the east side and I do further will and bequeath unto the said Lewis M. Truesdell all the real estate above described that I have willed the use of to my wife, Polly during her natural life to be Lewis's after her death. Provided the said Lewis should outlive my wife, Polly, and I do further order and direct that if my grandson, Lewis M. Truesdale should depart thislife without any heirs or heir, then the farm where I now live to be given to my granddaughter, Laura Jane Vorce and if she should depart this life without any heirs or heir, then the farm to be equally divided between my grandchildren then living and I further order and determine that if my grandson Lewis M Truesdell should depart this life without heirs or heir then all the remainder of my real estate heretofore willed by me to the said Lewis M. Truesdell to be equally divided between my grandchildren then living except Laura Jane Vorce. Thirdly, I will and bequeath unto my grandchildren, Mary Whitney, Knight D. Whitney, Clark Whitney and Laura Jane Vorce one hundred dollars each to be paid to them by my grandson, Lewis M. Truesdell out of the property or the avails of the property heretofore willed to said Lewis by me in manor of the following; that is to say the said Lewis to pay the said Mary Whitney one hundred dollars at the time the said Mary arrives at the age of twenty one years and if the said Mary should marry sooner than to be paid sooner if convenient for the said Lewis to pay it and to pay the said Knight D. Whitney one hundred dollars when the said Knight D. arrives at the years of twenty one and to pay to Clark Whitney one hundred dollars at the time the said Clark arrives at the age of twenty one years. Also to pay to Laura Jane Vorce one hundred dollars at the time she arrives at the age of twenty one years. I also further order that the said Lewis shall put on ..... to be put ...... a set of good decent grave stones to each of my daughter's graves, namely Laura Whitney and Mary Vorce if it is not done in my life time. Also to put up good and suitable grave stones to my grave and my wive's if he should out live us. Either of us, and I order and determine that all my personal property except household furniture and house hold property after paying all my debts to go to and belong to Lewis M. Truesdell and the said household furniture and household property to belong to my wife, Polly to do with as she sees fit. And I do hereby appoint Noah Bull my sole Executor of this my last will and testament hereby revoking all former wills by me made. In witness whereof I have heretofore set my hand and seal this 20th day of October in the year of our Lord one thousand eight hundred and forty nine -K.D. Reed, V.S. The within instrument consisting of one sheet was now here subscribed by Knight D. Reed, the testator in the presence of each of us and was at the same time declared by him to be his last will and testament and we at his request signed our names hereto as attesting witnesses. Emory Scott, Ellisburg Edwin Scott, Ellisburg, Jefferson County TESTIMONY State of New York Jefferson County surrogate courts Before Lysander H. Brown, surrogate in the matter of proving the will of real and personal estate of Knight D. Reed deceased - County of Jefferson for Edwin Scott of the town of Ellisburg in said county being first duly sworn deposeth (?) and said that on the twentieth day of October 1849 at Ellisburg aforesaid he saw Knight D. Reed, deceased subscribe the instrument now shown to this deponent and which .. . to be the last will and testament of Knight D. Reed, late of the town of Ellisburg in said county deceased bearing date the 20th day of October in the year of our Lord one thousand eight hundred and forty nine that on the day of the date aforesaid and at the time of signing the same he heard the said Knight D. Reed declare the same to be his last will and testament and that this deponent and Emory Scott, the other subscribing witness did then subscribe their names thereto as witnesses at the request and in the presence of the said Knight D. Reed and of each about at the time thereof the said Knight D. Reed was of sound and disposing mind, memory and understanding of full age and not under any restraint and competent to make a will - Edwin Scott - sworn and subscribed before me the 17th day of January in the year 1850 Lysander H. Brown, Surrogate. State of New York Jefferson County Surrogate Court. Before Lysander H. Brown, Surrogate. In the matter of proving the will of the real and personal estate of Knight D. Reed, deceased, County of Jefferson for Emory Scott of the town of Ellisburg in said county being first duly sworn deposeth and said that on the twentieth day of October 1849 at Ellisburg aforesaid he saw Knight D. Reed, deceased, subscribe the instrument now shown to this deponent and which purports to be the last will and testament of Knight D. Reed, late, of the town of Ellisburg in said county deceased, bearing date the 20 day of October in the year of our Lord one thousand eight hundred and forty nine that on the day of the date aforesaid and at the time of the same he heard the said Knight D. Reed declare the same to be his last will and testament and that he deponent and Edwin Scott the other subscribing witness did then subscribe their names thereto as witnesses at the request and in the presence of the said Knight D. Reed and of each other; that at the time thereof the said Knight D. Reed, was of sound and disposing mind, memory and understanding of full age and not under any restraint and competent to make a will. Emory Scott sworn and subscribed before me the 17th day of January in the year 1850. Lysander H. Brown, Surrogate CERTIFICATE State of New York Jefferson County Surrogate Court. Before Lysander H. Brown, Surrogate. I, Lysander H. Brown, surrogate of the county of Jefferson do certify .proofs and examination taken before me at my office in Watertown in said county on the 17th day of January A.D. 1850 by the oath of Edwin Scott and Emory Scott, the subscribing witnesses in the foregoing will that said will was duly executed - that the said Knight D. Reed at the time of executing the same was in all respects competent to devise real estate and to bequeath personal property of sound and disposing mind, memory and understanding of full age and not under any restraint and that said will has been duly proved approved established and confirmed as good and valid will of real and personal estate. And further certify that said will with the proofs thereof taken and the certificate thereon endorsed are recorded in the office of said surrogate in the book kept for recording will testaments and . In witness thereof I have heretofore affixed my seal of office and subscribed my name this 17th day of January A.D. 1850 (L.S.) Lysander H. Brown, Surrogate