WILL: Erastus Knowlton; York, Livingston co., NY surname: Knowlton, Smith, Taptin, Spafford, Williams, Kellogg, Allen, Knowlton submitted by Barbara Hatch (bhatch5525 at aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: February 4, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 7.5 Kb ************************************************ Source: sampubco.com Livingston County Ny Will Book Volume 14, Page 121 Written: July 1, 1873 Proven: November 12, 1878 Transcribed by Barbara Hatch Livingston County Surrogate's Court In the Matter of Proving the Last Will and Testament of Erastus Knowlton Deceased. Livingston County, SS. James Spittal and Walter Davis being first duly sworn, in open Court, upon their several corporal oaths, each for himself doth depose and say, that they are subscribing witnesses to the Last Will and Testament of Erastus Knowlton late of the Town of York in the county of Livingston, and State of New York, deceased. And these deponents James Spittal further says that the said Erastus Knowlton deceased, did, in the presence 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 which bears date on the 1st day of July one thousand eight hundred and seventy three and these deponents do both say that said deceased acknowledged that he signed the same in the presence of both of these deponents. That the said deceased did, at the time of such acknowledgement; declare the same to be his last Will and Testament and these deponents did thereupon subscribe their own respective names at the end of such 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 acknowledging said subscription 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. Sworn this 12th day of November A.D. 1878 before me. James Spittal Walter Davis D.W. Noyes Surrogate. Livingston County, SS. It appearing upon the proofs duly taken in respect to the Last Will and Testament of Erastus Knowlton late of the Town of York in the County of Livingston, and State of New York, deceased, that the said Will was duly executed, and the said Erastus Knowlton 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 Revised Statutes, this 12th day of November A.D., 1878 D.W. Noyes Surrogate Livingston County Surrogate's Court Last Will and Testament of Erastus Knowlton Deceased. Be it Remembered, That heretofore, to wit: on the 14th day of October in the year of our Lord one thousand eight hundred and seventy eight James Spittal one of the Executors named in the Last Will and Testament of Erastus Knowlton late of the town of York in the county of Livingston, deceased, appeared in open Court, before the Surrogate of the county of Livingston, 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 said Surrogate did thereupon issue a citation in due form of law, directed to the said heirs at law and next of kin, by their respective names, statinjg their respective places of residence, requiring them to appear before said Surrogate at his office in the village of Genesee, in said county, on the 12th day of November A.D., 1878 to attend the Probate of said Will,And afterward, to wit: on the 12th day of November A.D. 1878 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, thet the said Surrogate took the proofs of said Will hereafter set forth, upon this 12th day of November A.D. 1878, and he thereupon adjudges 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 as follows, that is to say: Will of Erastus Knowlton Be it remembered that I Erastus Knowlton of the Town of York, County of Livingston, State of New York being of sound mind and perfect memory; I do hereby make this my last Will and Testament in the following form and manner. First I direct that the proceeds of my estate be put at Interest secured by bond and mortgague on unencumbered estate of twice the value amount of twice the value secured without estimating the value of buildings that may be on the same said money shall remain on interest perpetual I bequeath to the Genesee Academy the yearly interest of five hundred dollars I bequeath to the General Assembly of the Presbyterian Curch of the United States the interest of two Thousand dollars to be employed and expended through the home missionary society for the support of the preaching of the Gospel in the States and Teritories in the Unites States I bequeath to my daughter Maria the interest yearly of one thousand dollars while she lives and at her decease this sum shall go to her children I bequeath to Mrs Phebe Ann Smith and Mrs Sarah C. Taptin both of the Town Leicester Liv Co N.Y. the interest of one hundred dollars each and at their decease the interest to be aded to the two thousand dollars for missionary purposes aforesaid I bequeath to Barnabas B. Knowlton my half brother two hundred dollars I bequeath to my late wife two hundred dollars (provided however if she shall resort to legal proceedings against my estate) then this bequest shall be witheld I bequeath to John H. Knowlton Calvin Knowlton Mrs Lorrina Spafford late Miss Lorrina Knowlton Children of my late Brother Faxson Knowlton together with their Mother the widow of my late Brother Faxson each of them fifty dollars I bequeath to to Mrs Minerva Williams late Miss Minerva Kellog daughter of my Sister Clarisee Kellogg two hundred dollars I bequeath to Mrs Ellenor Allen daughter of my Sister Unice Allen of Houndsfield Jefferson Co N.Y. one hundred dollars All Wills heretofore made by me are hereby annulled and made void I hereby appoint James Spittal and Neal Stewart of the town of York, County and State aforesaid to be my administrators to this my Will In Testamony Whereof I have hereunto set my hand and seal this first day of July one thousand eight hundred and seventy three In the presence of Erastus Knowlton L.S. James Spittal L.S. Walter Davis L.S.