WILL: Isabell Hill Crittenden Boyce; Henderson, Jefferson Co., NY contributed April 2001 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. 8, Page 127 Isabell Hill Crittenden Boyce was born 14 March 1806 in Simsbury, CT, and died 6 March 1860 in Henderson, Jefferson County, NY. Her first husband was Sylenas or Silas Crittenden, and her second husband was David Boyce. Isabell was the daughter of Jedediah Hill and Abigail Kilby. She is buried in Hungerford's Cemetery in Henderson, NY. **Please note that in a few places, the faded copy and old-fashioned handwriting made it difficult to determine the exact text of these papers, but we gave it our best guess. ___________________________________ ISABELL BOYCE'S ESTATE WILL In the name of God, Amen. I, Isabell Boyce in the Town of Henderson in the County of Jefferson and State of New York of the age of fifty five years and being of sound mind and memory do make and publish this my last will and testament in manner following: I give and bequeath to my two Daughters Helen C. Boyce and Charlotte A. Boyce all of my Estate both real and personal of every nature or kind whatsoever and to be divided as follows (to wit) - In consideration of said Daughters being both minors I hereby order and direct & fully authorize and empower my Executor herein after named to sell a Land Warrant conveyed to me by my mother to the best advantage and the avails then if together any other personal or real estate to convert into money and to loan the same upon Bond & mortgage (good security) said Bond & mortgage the amount to be made payable on the day my said Daughter Helen C. Boyce shall become twenty one years of age together with the annual interest accruing upon the share so loaned and which said to wit the one half of said sum so loaned to be paid to my said Daughter Helen C. Boyce on the 3rd day of February 1864. The other remaining one half of all my estate I hereby order & request my said Executor herein after mentioned to loan upon Bond & Mortgage (well secured) for my other Daughter Charlotte A. Boyce (above named) & for & until the day she shall become twenty one years of age (to wit) on the 23rd day of January 1869 and on which day the amount of money so loaned together with the interest that shall have accrued on said mortgage to be paid over to my said Daughter Charlotte A. Boyce by my Executor. But in case that either of my said Daughters shall not live until they become twenty one years of age then her share of the one deceased to be divided equally with the one's above named (that at the time shall be living) & Abigail E. Boyce and in case that both of my said Daughters Helen C. Boyce and Charlotte A. Boyce shall die before they shall come in possession of said money or before they shall arrive at the age of twenty one years then the amount above willed to my said daughters Helen C. and Charlotte A. I hereby will give and bequeath my said Daughter Abigail E. Boyce if living, if not to her children. And for the purpose of better settling & securing to my said Daughters my estate I do nominate and appoint Eben O. Kilby of Henderson to be the sole Executor of this my last will and testament. In witness whereof I hereunto set my hand and seal and publish and declare this to be my last will and testament in presence of the witnesses named below. This twenty second day of January in the year of our Lord one thousand eight hundred and fifty nine hereby revoking all former wills by me made. Isabell Boyce (L.S.). Signed, sealed, declared and published by the said Isabell Boyce as and for her last will and testament in presence of us who at her request and in her presence and in presence of each other have subscribed our names as witnesses hereunto the said instrument consisting of one sheet. x Skinner Boyce residing in Henderson Jefferson County & State of New York x Albert A. Davis residing in Henderson Jefferson County & State of New York TESTIMONY SURROGATE'S COURT In the matter of Proving the Last Will and Testament of Isabell Boyce, Deceased. Jefferson County, ss. Albert A. Davis of Henderson in said County and Skinner Boyce of same place 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 Isabell Boyce late of the town of Henderson in the County of Jefferson and State of New York, deceased. And these deponents do further say that the said Isabell Boyce, deceased, did, in the presence of each of these deponents, subscribe her 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 dates on the 22 day of January, one thousand eight hundred and fifty-nine. That the said deceased did, at the time of subscribing her name to the said instrument as aforesaid, declare the same to be her last Will and Testament: that the said deceased at the time of so subscribing him 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 she appeared to be, and deponents believe she 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 the said deceased. x Albert A. Davis x Skinner Boyce Known and subscribed before me this 24th day of December 1860 x M. H. Merwin, Surrogate CERTIFICATE Jefferson County, ss. It appearing upon the proofs duly taken in respect to the Last Will and Testament of Isabell Boyce late of the town of Henderson in the County of New York and the State of New York, deceased, that the said Will was duly executed, and that the said Isabell Boyce at the time she 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 24th day of December A. D. 1860. x M. H. Merwin, Surrogate Last Will and Testament of Isabell Boyce, Deceased. Be it remembered that heretofore to wit: on the 24th day of December in the year of our Lord one thousand eight hundred and sixty, David Boyce the surviving husband, Eben O. Kilby the Executor, and Abigail E. Boyce a legatee named in the Last Will and Testament of Isabell 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 only to Personal Estate, proved: and on such application the said Surrogate did ascertain by satisfactory evidence who were the surviving husband heirs at lien and next of kin of the said testatrix and their respective residences, to wit: that David Boyce of full age is the surviving husband of the said deceased and that Abigail E. Boyce of full age wife of Washington Boyce, and Helen C. Boyce and Charlotte both minors, are the only children of said Isabell Boyce deceased. Thereupon on the same day aforesaid said Surrogate in pursuance of and in compliance with the prayer of said petition do appoint Samuel D. Barr of Watertown in said County, an attorney at law the special Guardian for said minors, he having filed his consent in writing to be thus appointed and to serve as the Special Guardian for said minors to take care of their interests in the matter of the proof of said will; and afterward did on the same day aforesaid said Special Guardian having appeared in Court before said Surrogate and filed his consent in writing to the immediate examination of witnesses for the proof of said will and waiving the issuing and service upon him of a citation to attend the proof of said 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 24th day of December A. D. 1860, and he thereupon adjudged the said Will to be a valid Will of Personal Estate and the proofs thereof to be sufficient, which said Last Will and Testament and proofs, are hereinafter recorded in this book. Witness x M. H. Merwin, Surrogate