Livingston County ,Groveland NyArchives Wills.....Bailey, Samuel Et Al 1848 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joyce Phillips phillmuell@charter.net April 10, 2007, 9:17 pm Source: Livingston County Written: 1848 Be it remembered that heretofore to wit, on the 25th day of February in the year one thousand eight hundred and forty eight, John H. Baily, in behalf of Issabella Baily, the sole Executor named in the last will and testament of Samuel Baily, late of Groveland in the County of Livingston deceased, appeared in open court, before the County Judge of said County 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 Judge did ascertain by satisfactory evidence, who were the widow, heirs, and next of kin of the said testator and their respective residences; and some of them appearing to be minors having no General Guardian residing in the State of New York, a Special Guardian was appointed in due force of law to take care of their interests in the matter of proving the last will by an order entered for that purpose by the said County Judge; and said County Judge did therefore issue a citation in due force of law directed to the said heir and next of kin and Special Guardian, by their respective names stating their respective places of residence requiring them to appear before the said County Judge at his office in the Village of Geneseo in said County on the 20th day of March then next to attend the probate of the said will. And, afterwards, to wit on the said 20th day of March such proceeding were thereupon had, that the matter of proving the said will was adjourned to the 27th day of March, there inst at which time satisfactory evidence by affidavit was produced and presented to said County Judge, of the service of the said citation in the mode prescribed by law and no one appearing to oppose the probate of such proceedings were thereupon had afterwards, that the said County Judge took the proof of the said will hereinafter set forth, and he adjudged the said will to be a valid will of real and personal estate, and the proofs there of to be sufficient, which said last will and testament and proofs are as follows, that is to say: Samuel Bailey of Groveland in the County of Livingston, aged sixty two years and upward, being of sound mind and memory and desirous of discharging the duty which every man owes to his family by such provision for the distribution of my property as shall just and equitable, do make publish and declare this my last will and testament as follows: First, I direct that the expenses of my last sickness and of my funeral shall be paid in preference to any devise or legacy herein contained. Second, I direct that all my just debts to be paid out of my personal estate. Third, I give and bequeath to my Sons, Jesse and Samuel the 24 acres of land from the north part of lot number forty six, in township number eight in the seventh range of Townships in the county of Livingston, being the same lands conveyed to me by Thomas Baily and Sally, his wife, by deed bearing the date the 8th day of March 1827 bordered on the north by lands of Samuel Bennett, on the east by the highway, on the south by the lands of John Nowell and on the west by lands of J.W. Lattimore (?) Fourth, I give and bequeath to my daughter, Harriet Gawyer, a certain promissory note of fifty dollars with interest made by William Gawyer, her husband, dated January 20, 1849, or two years after date. Fifth, I give and bequeath to my daughter, Lucina, the sum of seventy-five dollars to be paid on the coming of age of my youngest son, Abram. Sixth, I give and bequeath to my daughters, Lovina and Miranda, each the sum of seventy-five dollars and the same setting out (of personal property) as Lucina has had to be paid on or before the coming of age of my youngest child. Seventh, I give and bequeath to my wife, Issabella, as dower the use of one third of all my real and personal estate, after the payment of all my just debt during the natural life or in lieu of dower a support during her life to be paid out of my real estate, at her election. I also bequeath the use of all my real personal estate not otherwise devised or bequeathed to my said wife for her support and my minor children until the youngest of them shall become of the age of twenty-one years. On the coming of age of my youngest child devise all my real estate to my sons in such manner that including what has hereinbefore been devised they viz. Jesse, Samuel, John Harrison, Sylvester, and Abram shall share equally in value in the real estate subject to her support as above mentioned. It is my wish that the lands, except the 24 acres devised to Jesse and Samuel, be worked by the Boys, Jesse and Samuel in shares, they finding team, tools, and seed, and doing the work to have one half of the proceeds and to deliver one half of the grain in the half bushel and the other products in the barn or cellar for the use of my wife and the minor heirs, and if they cannot agree upon the terms which to work said farm that it be left to the decision of one or three judicious disinterested persons to decide upon what terms the farm shall be worked, the ___ to be mutually chosen by my wife, Isabella, and the Boys aforesaid (Jesse and Samuel). I give to my wife, after the coming of age of all my children, the use of all my household furniture during her life and at her death, I direct the same to be equally divided among all my children, and in case of the death of any of my children previous to the coming of age of the youngest of them, that the children, if any, of such deceased shall receive the same as is herein devised and bequeathed to their parent, and in case any of my said children should die as aforesaid without issue, their portion, if of real estate, to descend to their surviving brothers, if of personal estate, to all my surviving children or their natural heirs equally. The legacies above bequeathed to my daughters, Lucina, Lovina and Marinda to be paid on their coming of age out of my personal estate. I direct that at the death of my wife, Isabella, after the coming of age of my youngest sons, that all the personal property be equally divided among all my children equally. Lastly, I appoint my wife, Isabella, Sole Executrix of this, my last will and testament hereby revoking all former wills by me made. In ___ whereof I have herein to set my hand and seal, the 25th day of December in the year of our Lord one thousand eight hundred and forty seven. Samuel x Bailey SS (his mark) The above instrument consisting of one sheet was at this date thereof signed, sealed, published and declared by the said Samuel Bailey as and for his last will and testament in presence of us who at his request and in his presence and the presence of each other, have subscribed our names as witnesses thereto. Philip Woodruff residence in Sparta, Livingston County Additional Comments: John Harrison Bailey, Issabella (Spouse), Jesse, Samuel, Sylvester, Thomas, Sally, Lucina, Abram, Lovina, Miranda, Harriet Gawyer, Willima Gawyer File at: http://files.usgwarchives.org/ny/livingston/wills/bailey661gwl.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 7.6 Kb