WILL: Silas Gates; Watertown, Jefferson co., NY surname: Gates submitted by Donna Barnes (barnesd @ chartermi.net) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/ny/nyfiles.htm *********************************************************************** Pls. note: I left spellings as read in the will. Transcribed from SAMPUBCO., by Donna Barnes Jefferson Co., NY, Will Book, Vol. 3 page 52 Silas Gates Estate order continued named heirs and next of kin viz. Vincent R. Gates, Edward Gates, David R. Gates, Alanson N Gates and Elizabeth B. Gates, residing in Watertown aforesaid children of said Testator and minors having no general guardian. That said Martha R. Gates of full age is the widow of said deceased. And for as much as the said Martha R. Gates is the widow of said deceased it was by said petition prayed that said surrogate forthwith appoint a special guardian for the said minors to take care of their interests in the ..mises and that upon the due appearance of such special guardian to take care of such interests the said surrogate would proceed immediately to the necessary examinations for the proving the said last will and testament and that such further or other proceedings in the …mises should be duly held as may be required to the proving and recording of said Will and the granting probate and Letters Testamentary thereof. Thereupon said surrogate being satisfied of the truth of the matters stated and set forth in said petition and on reading and filing the consent of Luther J. Dorwin of Watertown aforesaid Attorney at Law to be appointed and to serve as the special guardian of said minor did appoint him the said Luther J. Dorwin such special guardian for the sole purpose of taking care of the interests of the minors named in said petition on the matter of proving said Will. And the said special guardian having duly appeared and on reading and filing his stipulation in writing waiving the ?? and service upon him of a citation to attend the probate of said Will and consenting to the immediate examination of Witnesses on this matter said surrogate did thereupon order that such examination be immediately proceeded with. Thereupon said Will was produced and Randolph Barnes and David D. Reamen the subscribing witnesses to said Will were severally duly sworn and testified as such Witnesses which testimony after being reduced to writing was carefully read over and subscribed by them respectively and the same was afterwards recorded as follows hereafter in the Book. Whereupon said surrogate being satisfied from said proofs and examinations that said Will was duly executed. That the Testator at the time of executing the 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 decree that 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 and the certificate therein endorsed is recorded in the office of said surrogate on the book kept for that purpose as of the day and first aforesaid which record follows immediately hereinafter in this book. And it is further ordered that Letters Testamentary ?? to Martha R. Gates and William K. Hawks the executors in said Will named. Witness Jas. R. A. Perkins Surrogate of said County at Watertown the day and year first aforesaid. Jas. R. A. Perkins Surrogate Recorded April 28th 1854 Jas. R. A. Perkins Surrogate Will I Silas Gates of the town of Watertown in the county of Jefferson and state of New York of the age of forty years and being of sound mind and memory do make publish and declare this my last will and testament in manner following that is to say: First I direct my executors hereinafter named as soon as they conveniently can after my decease to sell and dispose of all my personal property and convert the same into money and apply the proceeds thereof to the payment of all my just debts excepting however from such sale such articles of personal property as my beloved wife shall select and in her discretion shall prefer to keep for her own use and the use and convenience of my infant children my said wife to use and exercise her discretion in the selection thereof and the same shall be set apart and remain for her use and the use of my said children without charge. Secondly I give and bequeath to my beloved wife Martha R. Gates the sum of two hundred and fifty dollars in cash and direct and authorize that sum to be paid to her within three months after my decease by my executors hereinafter to be named this sum to be independent of any other bequest to her or right of dower. Thirdly I direct and authorize my executors hereinafter appointed to purchase for the use and as and for a homested for the joint use of my father and mother Edward and Damar? Gates and my wife Martha R. Gates and my five infant children viz Vincent R. Edward David R. Alanson W. and Elizabeth B. Gates said premises and homestedd to consist of a farm of from thirty to forty acres and to be located near the village of Watertown and my choice and wish is that the same be located within one or two miles from said village and I do hereby direct my said executors hereinafter to be appointed to erect two comfortable dwelling houses on the homestead farm so to be purchased as aforesaid the one thereof for the use and occupation of my said father and mother and the other for the use and occupation of my said wife and infant children aforesaid also to erect thereon such convenient out buildings and fixtures as shall be necessary and proper for their use and I do hereby direct and authorize my said Executors to purchase said Homestead premises and erect said buildings thereon as soon as they can conveniently can after my decease and to pay the cost and expenses thereof from monies belonging to my estate or from the avails of the personally property belonging thereto and if there should not be sufficient personal property for that purpose then from the avails of the sale of any real estate of which I may die seised and for that purpose my said executors hereby authorized empowered and directed to make sale of any and such real estate as in their discretion they may deem proper of which I am seised and possessed at my decease and I do hereby direct my said executors to consult and counsel with my said father, Edward Gates in the selection and location of said homestead premises and in the erection of the building and fixtures thereon as aforesaid and to observe his wishes in relation thereto. Fourthly I give and bequeath to my said father and mother the the use and occupation of said homestead farm and premises so to be purchased aforesaid during their natural lives or the life of either of them to be used and occupied however jointly and in common with my said wife and infant children aforesaid. My said father and mother to occupy one of the said dwellings and my wife and children the other My intention and expectation being that my said father will exercise a paternal care in connexion with my beloved wife over the education and culture of my said infant children and bring them up to habits of industry and virtue. Fifthly I give and bequeath to my said wife and infant children the use and occupation of said homestead farm and premises so to be purchased as aforesaid to be enjoyed in common with my said father and mother so long as my said Father and Mother or either of them shall live and until my youngest child shall become of age or be married to be and remain as and for their homestead and after the decease of my said father and mother and after my said youngest child shall become of age or be married then the same may be sold and the avails thereof be equally divided between my lawful heirs as the law directs or disposed of and divided among my said heirs as they may at that time elect. Sixth I direct my said executors to purchase for the use of my said father to be used on said homestead farm a teem and such other articles of property and farming utensils as maybe necessary and proper for his use thereon and for the use and convenience of my said wife and children the cost and expenses thereof to be paid from the avails of the sales of any property belonging to my said estate either personal or real as may become or be deemed to be necessary by my said executors it not being probable that there will be sufficient resulting from the sale of my personal estate to carry out and fulfill the foregoing bequests and intentions of this will after paying my debts and the expenses of settlement of my said estate I do therefor authorize and empower my said executors to sell and convey such and so much of the real estate of which I may die seised as may by my said executors be deemed necessary to dispose of in order to carry out fully the above bequest and the directions and intentions of the Will. Seventh After the payment of my debts and the expenses of the settlement of my estate and after the payment of the bequests and sums of money aforesaid and after carrying out and fulfulling in all resoects the intentions and directions in respect to my said estate herein before contained and given my will then is and I do so direct that all the rest residue and remainder of my said estate both real and persoan be equally divided among and between my five chidlren before named share and share alike reserving to my said wife however her dower interest therein and if by said executors shall deem it proper or necessary to sell and dispose of my said real estate or any portion thereof the dower interest of my said wife therein may be and shall be invested by my said executors for her use in such manner as shall by them be deemed advisable. Eighth I give and devise all my real and personal estate of what nature or kind soever to William R. Hawks and Martha R. Gates the executors of this my last will and testament hereinafter nominated and appointed in trust for the payment of my Just debts and the legacies above specified and for the purposes of carrying out the directions therein before contained with full power to sell and dispose of the same or any part thereof at public or private sale at such time or times and on such terms and in such manner as to them shall seem meet. Lastly I do hereby nominate and appoint my wife Martha R. Gates and my friend William K. Hawks of Watertown to be the executors of this my last will and testament hereby revoking all former wills by me made I witness whereof I have hereunto set my hand and seal the 12th day of April in the year 1854. Silas Gates {LS} The above instrument consisting of two sheets was at the date thereof signed sealed published and declared by the said Silas Gates 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 Randolph Barnes Attorney at Law residing at Watertown in the county of Jefferson New York D. D. Reamer Bookkeeper residing at Watertown Jefferson County N.Y. Testimony State of New York}Surrogate’s Court: Before Jas. R. A. Perkins Surrogate Jefferson County } In the matter of proving the will of the real and personal estate of Silas Gates deceased County of Jefferson: David D. Reamer of the town of Watertown in said County being first duly sworn deposeth and saith that on the twelfth day of April 1854 at Watertown aforesaid he saw Silas Gates deceased subscribe the instrument now shown to the deponent and which purports to be the last will and testament of Silas Gates, late of the town of Watertown in said county deceased bearing date the 12th day of April in the year of our Lord one thousand eight hundred and fifty four . That on the day of the date aforesaid and at the time of signing the same he heard the said Silas Gates declare the same to be his last will and testament and that the this deponent and Randolph Barnes the other subscribing witness did then subscribe their names thereto as witnesses at the request and in the presence of the said Silas Gates and of each other. That at the time thereof the said Silas Gates was of sound and disposing mind memory and understanding of full age and not under any restraint and competent to make a Will. D. D. Reamer Subscribed and sworn before me April 28th, 1854 Jas. R. A. Perkins Surrogate State of New York}Surrogate's Court: Before Jas. R. A. Perkins Surrogate Jefferson County } In the matter of proving the will of the real and personal estate of Silas Gates deceased County of Jefferson: Randolph Barnes of the town of Watertown in said County being first duly sworn deposeth and saith that on the twelfth day of Aopril 1854 at Watertown aforesaid he saw Silas Gates deceased subscribe the instrument now shown to the deponent and which purports to be the last will and testament of Silas Gates, late of the town of Watertown in said county deceased bearing date the 12th day of April in the year of our Lord one thousand eight hundred and fifty four . That on the day of the date aforesaid and at the time of signing the same he heard the said Silas Gates declare the same to be his last will and testament and that the this deponent and David D. Reamer the other subscribing witness did then subscribe their names thereto as witnesses at the request and in the presence of the said Silas Gates and of each other. That at the time thereof the said Silas Gates was of sound and disposing mind memory and understanding of full age and not under any restraint and competent to make a Will. R. Barnes Subscribed and sworn before me April 28th, 1854 Jas. R. A. Perkins Surrogate Certificate State of New York}Surrogate’s Court before Jas R A Perkins Surrogate Jefferson County } I Jas R A Perkins surrogate in and for the county of Jefferson do certify …son proofs and examinations taken before me at my office in Watertown in said county on the 28th day of April 1854 by the oaths of Randolph Barnes and David D. Reamer the subscribing witnesses to the foregoing will that said will was duly executed. That the Testator 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 off full age and not under any restraint. That said Will has been duly proved approved established and confirmed as a good and valid will of real and personal Estate. And I further certify that said Will with the proofs thereof taken and the certificate thereon endorsed is recorded in the office of said surrogate in the book kept for recording wills testaments and codicils. In witness whereof I have hereunto affixed my seal of office and subscribed my name this 28th day of April 1854 Jas. R. A. Perkins Surrogate Recorded April 28th 1854 Jas. R. A. Perkins Surrogate