WILL: George Zerfass; North Dansville, Livingston co., NY
surname: Zerfass, Driesbach, Whetstone, Keihle, Kanouse, Bailor, Hauer,
Sprague

submitted by Jeannie Lugo (jlugo @ ku.edu)
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Transcribed from SAMPUBCO copy by Jeannie Lugo
Livingston County, NY  Will Book Vol #14, page #429

LIVINGSTON COUNTY SURROGATE'S COURT
Last Will and Testament of
     GEORGE ZERFASS, deceased.

  BE IT REMEMBERED that heretofore, to-wit: on the 28th day of January in
the year of our Lord one thousand eight hundred and eighty-two Henry Zerfass,
executor named in the Last Will and Testament of George Zerfass late of the
town of N. Dansville 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 related 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, stating their respective
places of residence, requiring them to appear before said Surrogate at his
office in the village of Genesco, in said county, on the 25th day of March
A.D. 1882, to attend the Probate of said Will,

  And afterward, to wit: in the 25th day of March A.D., 1882, 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 25th day of March A.D.
1882, 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 as follows, that is to say:

  The last Will and Testament of George Zerfass of the town of North
Dansville, County of Livingston and state of New York.

  I George Zerfass, being of sound mind and memory, do make and publish
this my last Will and Testament in manner and form following, that is to say:

  FIRST, I do give and devise to my beloved wife Polly Zerfass my farm,
situated in the towns of Sparta and North Dansville, consisting of one hundred
acres, and a farm situate in the town of West Sparta, consisting of ninety-six
acres, being the farms now occupied by Henry Zerfass, to have and to hold, to
the said Polly Zerfass for and during her natural life.

  SECOND, I do give and devise to my beloved brother Henry Zerfass the
above mentioned and described real estate in fee simple to have and to hold
the same to him the said Henry, and to his heirs and assigns forever, to be
enjoyed by him after the death of myself and my said wife, subject
nevertheless to the payment of six thousand dollars to the following named
persons, such payments being made a charge upon the said real estate, viz:

  To the heirs at law of my deceased sister Elizabeth late wife of Henry
Hartman the sum of Five Hundred Dollars.

  To Hannah Driesbach widow of Peter Driesbach Five hundred Dollars, or in
case of her death before the same becomes payable, then to the heirs at law of
the said Hannah.

  To the heirs at law of my deceased brother Abraham Zerfass Five Hundred
Dollars.

  To my sister Mary, widow of Jonathan Whetsone Five hundred dollars, or
in case of her death before the same becomes payable, then to the heirs at law
of the said Mary.

  To my sister Sally wife of Benjamin Keihle, Five hundred dollars or in
case of her death before the same becomes payable, then to the heirs at law of
the said Sally.

  To my sister Vienna wife of Henry Kanouse, Five hundred dollars, or in
case of her death before the same becomes payable, then to the heirs at law of
the said Vienna.

  To the heirs at law of my deceased sister Lydia, late the wife of Enoch
Keihle Five hundred Dollars.

  To my sister Margaret, wife of William Bailor, Five hundred dollars, and
in case of her death before the same becomes payable, then to the heirs at law
of the said Margaret.

  To my brother John Zerfass Five hundred dollars, and in case of his
death before the same becomes payable, then to his heirs at law.

  To my brother-in-law Henry Kanouse, five hundred dollars and in case of
his death before the same becomes payable, then to the heirs at law of the
said Henry.

  To Mary Ann Hauer and George Hauer, children of Samuel Hauer jointly
Five Hundred Dollars.

  To Elizabeth Sprague, wife of Harvey A. Sprague Five Hundred Dollars and
in case of her death before the same becomes payable, then to the heirs at law
of the said Elizabeth.

  And it is my intention that the above sums amounting to six Thousand
dollars shall be paid by the said Henry Zerfass, his heirs or assigns in nine
equal annual payments, without interest, the first payment to be made one year
after the said Henry shall be entitled to the possession of said property by
the terms of this will, and each of those payments to be equally divided
between the legatees above named.  

  THIRD, I give and bequeath to my said wife Polly all my household
furniture of whatever manner or kind and all the residue of the personal
property of which I shall die possessed, after paying all just debts then
owing by me and the necessary expenses of executing this will.

  FOURTH, in case the personal property left by me shall be insufficient
to pay the aforesaid debts and expenses, it is my will that the same be paid
by the said Henry Zerfass; in which case the amount so paid by him shall be
deducted from the six Thousand dollars above directed to be paid by him, and
from the first of said payments.

  FIFTH, I do hereby constitute and appoint my said wife Polly and the
said Henry Zerfass Executrix and Executor of this my last Will and Testament.

  In witness whereof, I have hereunto set my hand and seal this first day
of December A.D. 1860.
[Signed] George Zerfass (L.S.)

  The foregoing instrument, consisting of one sheet was on the day of the
date thereof subscribed by the Testator George Zerfass in our presence, who
declared the same to be his last Will and Testament, and we at his request and
in his presence and in presence of each other have hereunto subscribed our
names as witnesses.

John A. VanDerlip  Dansville, Liv. Co., NY
Jane Richardson  Dansville, Liv. Co., NY
James M. McCurdy  Dansville, Liv. Co., NY

James M. McCurdy being sworn in this matter, testifies as follows - I know
George Zerfass in his lifetime, that about two years ago last fall the said
George Zerfass told witness that Mrs. Gordon, formerly Jane Richardson was a
witness to the execution of his will and had moved to Virginia and if anything
happened to him it would be difficult to get her attendance or testimony to
prove the Execution of the will.  He produced the paper now shown in witness
and stated that was his last Will and desired witness to subscribe his name as
a witness, and the witness thereupon subscribed his name to said paper as it
now appears on the will.

Sworn this 25th day of March 1882 before me [signed] James M. McCurdy 
[signed]E. A. Nash 
       Surrogate

Livingston County Surrogate's Court,

In the Matter of Proving the Last Will and Testament of George Zerfass,
deceased.  

John A. VanDerlip being first duly sworn in open Court upon his corporeal oath
doth depose and say that he is one of the subscribing witnesses to the last
Will and Testament of George Zerfass late of the town of North Dansville in
the county of Livingston, and State of New York, deceased.  And this deponent
does further say that the said deceased did in the presence of this deponent
and Jane Richardson 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
1st day of December one thousand eight hundred and sixty.  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 this
deponent and said Jane Richardson 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 said deceased, and in his presence and in the
presence of each other; that the said deceased at the time of so describing
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 this deponent
and said Jane Richardson saw the other sign his name to said instrument in the
presence of the said deceased.

[Signed] John A. VanDerlip

Alexander McKinnon being sworn in this matter says, that he resides in West
Sparta, Liv. Co. that he knows Jane Gordon, formerly Jane Richardson, and that
she resides in Hanover County, state of Michigan, that deponent was at her
house in said County in February last and know I that is her residence, that
she lives on a farm at some distance from any city or village, and it would be
difficult to get her testimony by commission.

[Signed] A. M.Kinnon

Livingston County, SS
  It appearing upon the proofs duly taken in respect to the Last Will and
Testament of George Zerfass late of the town of N. Dansville in the County of
Livingston, and State of New York, deceased, that the said Will was duly
executed, and the said George Zerfass 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 25th day of March A.D., 1882.

[Signed] H.P.Kersh[illegible]