WILL: David Boyce; Henderson, Jefferson co., NY submitted Feb 2002 by Laura Balluff (laura-b@swbell.net). ************************************************************************ USGENWEB 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 submittor has given permission to the USGenWeb Archives to store the file permanently for free access. ************************************************************************ Transcribed by Laura Balluff (laura-b@swbell.net), April 2001 from SAMPUBCO copy Jefferson County, NY, Wills, Vol. 12, Page 249 David Boyce/Boice was born 3 August 1780 in New York, and died 21 May 1868 in Henderson, Jefferson County, NY. He was married at least twice, first to Keziah Rogers, then possibly to Amy Clark, then to Isabell Hill Crittenden/Critiden. Isabell Hill was the daughter of Jedediah Hill and Abigail Kilby. She had been previously married to Silas Crittenden. David Boyce is buried in Hungerford's Cemetery in Henderson, NY. _________________________________ David Boyce Estate Will In the name of God, Amen: I David Boyce of the Town of Henderson County of Jefferson and State of New York being of sound mind and memory do make and publish this my last Will and Testament. First I give and bequeath to my son George S. Boyce Fifty Dollars Second I give and bequeath to my Daughter Paulina Howard Two hundred and fifty dollars Third I give and bequeath to my Daughter Cordelia Rogers Two hundred fifty dollars Fourth I give and bequeath to my Daughter Angeline Danley Two hundred and fifty dollars Fifth I give and bequeath to my Daughter Charlotte A. Boyce Two hundred and fifty dollars Sixth I give and bequeath to my son Mortimer D. W. Boyce Four hundred dollars Seventh I give and bequeath to my five sons, to wit, Birdsall Boyce, Washington Boyce, David L. Boyce, Dolphus S. Boyce and Monroe D. Boyce (after first paying all of the several legacies herein expressly willed) all the rest, residue and remainder of my estate both real and personal of every nature and kind whatsoever—(after paying my just debts and the expenses of selling my estate) and that after paying said specific legacies and debts (if any) and expenses aforesaid all the rest, residue and remainder of my real and personal estate aforesaid shall be divided equally share and share alike between my five sons last above executioner, to wit, Birdsall, Washington, David L., Dolphus S., and Monroe D. Boyce. Eighth and lastly I hereby nominate and appoint my two sons Washington Boyce and David L. Boyce Executors of this my last Will and Testament hereby revoking all former Wills by me made. In witness whereof I hereunto set my hand seal and publish and decree this to be my last will and testament in the presence of the witnesses below named this twenty-fifth day of March in the year of our Lord one thousand eight hundred and sixty five. x David Boyce (LS) The above instrument consisting of one sheet only was at the date thereof signed sealed declared and published by the said David Boyce as and for his last Will and Testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto or hereunto. x Albert A. Davis, residing in Henderson Jefferson County, State of New York x Arthur J. Armstrong, residing in Henderson Jefferson County, State of New York ____________________________________ SURROGATE'S COURT. In the matter of Proving the Last Will and Testament of David Boyce, Deceased. Jefferson County, ss. Albert A. Davis and Arthur J. Armstrong both of Henderson in said County being first duly sworn in open Court upon their several corporeal oaths, each for himself doth depose and say, that they are subscribing witnesses to the last Will and Testament of David Boyce late of the town of Henderson in the County of Jefferson and the State of New York deceased. And these deponents do further say, that the said David Boyce deceased, did, in the presence of each of these deponents subscribe his name at the end of the instrument in writing which is now here shown to these deponents and which purports to be the last Will and Testament of the said deceased, and which bears date on the 25th day of March one thousand eight hundred and sixty five. That the said deceased did at the time of subscribing his name to the said instrument as aforesaid declare the same to be his last Will and Testament: and these deponents did thereupon subscribe their own respective names at the end of said instrument, as attesting witnesses to the execution thereof, each at the request of the said deceased, and in his presence and in the presence of each other. That the said deceased at the time of so subscribing his name to said instrument as aforesaid, and publishing said instrument as aforesaid, was upwards of twenty one years of age and a citizen of the United States: that he appeared to be and deponents believe he was of sound mind, memory and understanding, and not under any restraint, and as deponents verily believe, in all respects competent to devise real estate; that each of these deponents saw the other sign his name to said instrument in the presence of said deceased. x Albert A. Davis x Arthur J. Armstrong Subscribed and sworn on January 18th, 1869 before me. x W. W. Taggart, Surrogate ____________________________________ Jefferson County, ss. It appearing upon the proofs duly taken in respect to the Last Will and Testament of David Boyce late of the town of Henderson in the County of Jefferson and the State of New York, deceased, that the said Will was duly executed and that the said David Boyce at the time he executed the same was in all respects competent to devise real estate, and not under restraint, the said last Will and Testament and the proofs and examinations are hereby recorded, signed and certified by me, pursuant to the Provisions of the Revised Statutes, this 18th day of January A. D. 1869. x W. W. Taggart, Surrogate ____________________________________ Last Will and Testament of David Boyce, deceased. Be it Remembered, That heretofore to wit; on the 17th day of December in the year of our Lord one thousand eight hundred and sixty eight David L. Boyce of the Executors named in the Last Will and Testament of David Boyce late of the town of Henderson in the County of Jefferson, deceased, appeared in open Court before the Surrogate of the County of Jefferson and made application to have the said Last Will and Testament which relates to both Real and Personal Estate proved: and on such application the said Surrogate did ascertain by satisfactory evidence who were the heirs at law and next of kin of the said testator; and their respective residences and they are as follows Viz: David L. Boyce, George S. Boyce, Birdsall Boyce, Washington Boyce, Dolphus S. Boyce, Monroe D. Boyce & Pauline Howard of Jefferson County, NY, Nathaniel Boyce of Bill Rock Province of Ontario, Mortimer D. Boyce of Cherry Valley, Illinois and Cordelia Rogers and Angeline Danley of Rochester, NY. Children of said testator all of full age and said Surrogate did thereupon issue a Citation in due form of law, directed to the heirs at law and next of kin of the said testator stating their respective places of residence requiring them to appear before said Surrogate at this office in the Village of Watertown in said County on the 18th day of January A. D. 1869 to attend the Probate of said Will. And afterwards to wit: on the 18th day of January A. D. 1869 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 on that day, no one appearing to oppose the Probate of such Will, such proceedings were thereupon had in said Court afterwards, that the said Surrogate took the proofs of said Will hereinafter set forth, upon this 18th day of January A. D. 1869 and he thereupon adjudged the said Will 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 hereinafter recorded in this book. x W. W. Taggart, Surrogate