WILL: John D. Brown; Avon, Livingston co., NY surname: Brown, Dann, Markham, Parkhurst, Hill, Baldwin submitted by Joerg Battermann (battermann at gmx.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: April 21, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 10.8 Kb ************************************************ Source: FHLC Film # 811210 Livingston co NY Will Book Vol. 2b Page 332 Written: June 13, 1839 Recorded: July 11, 1842 In the matter of the proving recording and admitting to probate the last will and testament of John D. Brown deceased. At the surrogate's court held at Geneseo in the county of Livingston on the Eleventh day of July 1842 before William H Kelsey Surrogate. On the day and at the place aforesaid John H. Brown one of the Executers named in the last will and testament of John D. Brown late of the town of Avon in the county of Livingston deceased appeared for the purpose of proving the said will and produced satisfactory proof of due service of the citation heretofore issued in this matter by order of this court; on the widow.. of said deceased. Wherefore it is ordered that said Executer have leave to proceed with the proof of said will; and therefore the following persons who are the subscribing witnesses to the said will were by the said Surrogate duly sworn and testified as follows:- County of Livingston Denton G. Shuart of the town of Mendon in the county of Monroe being duly sworn doth depose and say, that he is a subscribing witness to the last will and testament of John D. Brown late of the town of Avon in the county of Livingston aforesaid deceased. And this deponent further saith that the said John D. Brown the said testator did in the presence of this deponent subscribe his name at the end of the instrument which is now shown and exhibited to this deponent and which purports to be the last will and testament of said John D. Brown and which bears date on the thirteenth day of June in the year of our Lord one thousand eight hundred and thirty nine. And this deponent further saith that the said testator did at the same time of subscribing his name as aforesaid at the end of the said will declare the said instrument to subscribed and now exhibited to be his last will and testament and this deponent and Benjamin Carter did thereupon subscribe their name at the end of the said will as attesting witnesses there to in the presence and at the request of the said testator. And this deponent further saith that at the same time when the said testator subscribed his name to the said last will as aforesaid and at the time of this deponent's subscribing his as an attesting witness there aforesaid, the said testator was of sound mind and memory of full age to execute a will and was not under any restraint; and that the said will now appears in all respects as when so executed without any alteration whatsoever Subscribed and sworn the Eleventh day of July 1842 before me D. G. Shuart William H Kelsey Surrogate Court Livingston County County of Livingston Benjamin Carter of the town of Mendon in the county of Monroe being duly sworn doth depose and say, that he is a subscribing witness to the last will and testament of John D. Brown late of the town of Avon in the county of Livingston aforesaid deceased. And this deponent further saith that the said John D. Brown the said testator did in the presence of this deponent subscribe his name at the end of the instrument which is now shown and exhibited to this deponent and which purports to be the last will and testament of said John D. Brown and which bears date on the thirteenth day of June in the year of our Lord one thousand eight hundred and thirty nine. And this deponent further saith that the said testator did at the same time of subscribing his name as aforesaid at the end of the said will declare the said instrument to subscribed and now exhibited to be his last will and testament and this deponent and Benjamin Carter did thereupon subscribe their name at the end of the said will as attesting witnesses there to in the presence and at the request of the said testator. And this deponent further saith that at the same time when the said testator subscribed his name to the said last will as aforesaid and at the time of this deponent's subscribing his as an attesting witness there aforesaid, the said testator was of sound mind and memory of full age to execute a will and was not under any restraint; and that the said will now appears in all respects as when so executed without any alteration whatsoever Subscribed and sworn the Eleventh day of July 1842 before me Benjamin Carter William H Kelsey Surrogate Court Livingston County The foregoing people and examinations were taken before me the Surrogate of Geneseo in the county of Livingston and the depositions of Denton G. Shuart and Benjamin Carter the only subscribing witnesses to the said Will were by them respectively subscribed after having been first carefully read over to them and the said surrogate being satisfied upon the said proof before me taken as aforesaid that lawful service of notice of proving the said will has been made on the widow heirs and next of kin of the said John D. Brown the testator deceased that the said will was duly executed and that the said testator at the time of executing the same was in all respects competent to devise real and personal estate and not under restraint, do therefore allow the said will proofs and examinations to be recorded. William H Kelsey, Surrogate (Will) In the name of God, Amen I, John D. Brown of Avon Livingston County and State of New York being of sound mind and memory blessed be God for the Same do make and publish this my last will and testament as follow: First I order and direct that all my just debts and funeral expenses be paid by my executers out of my personal estate. Second I give, devise and bequeath to my wife Elizabeth (in addition to her dower right) one cow Two beds bedstead and bedding she to make choice of them by herself. Thirdly I give, devise and bequeath to my son John H. Brown all my messuage and farm situated in Avon on which he and myself now reside containing about one hundred and fifty six acres being bounded on the North by land of John P Leavenworth, East by Richard Peek, South by Thomas Brown, and West by the highway. To have and to hold the same (subject nevertheless to the Legacies hereinafter named) unto my said son John H. Brown and to his heirs and assigns forever. Also I give, devise and bequeath to my said son John H. Brown my family Hoolbrook/Fessenden Bible also a span of bay matched horses and the two-horse carriage and harness that I now own also three cows forty sheep and five hogs. Fourthly I give devise and bequeath to my son Jesse (in addition to what I have already given and advanced him) my Scott family Bible and five hundred dollars in money to be paid in four years after my decease by my son John H. Brown and charge the same on my real estate herein before devised to him. Fifthly I give device and bequeath to my daughter Phobe J. Brown an out sett (as good as I have furnished heretofore to any of my daughters) out of my personal property in case she does not have same before my decease. I also give devise and bequeath unto her the sum of one thousand dollars in money to be paid to her as soon as may be after my decease. Sixthly I give device and bequeath to my five daughters Mary Dann, Ann Markham, Lydia Parkhurst, Sally W. Hill and Permelia A Brown each the sum of two hundred twenty five dollars and to my four grand children Elias Baldwin, Jesse Baldwin, Sally Ann Baldwin + Mary Baldwin (children of my daughter Elizabeth) together the like sum of two hundred and twenty five dollars, being the share that would belong to their mother Elizabeth in case she was living) to be divided between them equally. Seventhly I give devise and bequeath unto my grandson John S Brown son of Jesse Brown one hundred dollars in money to be paid to him on his arriving at a lawful age. Eighthly I give devise and bequeath to my grandson John D. Parkhurst son of Abel Parkhurst one hundred dollars in money to be paid to him on his arrival at lawful age. Ninthly all the rest and residue of my personal property goods and chattels not herein disposed of I give devise and bequeath to my five daughters via Mary Dann, Ann Markham, Lydia Parkhurst, Sally W. Hill and Permelia A. Brown and my said four grand children via Elias Baldwin, Jesse Baldwin, Sally Ann Baldwin & Mary Baldwin to have and to hold the same in the following proportions and share that is to say my said five daughters in equal share with them so that my said grand children may have together the one share (being one sixth) that would be going to their mother in case she was living. Tenthly I direct that all legacies not herein otherwise provided for be paid (not from my personal property but) from my real estate which I have herein before devised to my son John H. Brown and which estate I charge with the payment thereof. Lastly I appoint my son John H. Brown and my son in Law Floyd Dann to be my executors of this my last will and testament hereby revoking all former wills by me at any time made. In witness where of I have hereunto set my hand this thirteenth day of June AD one thousand eight hundred thirty nine Signed published and declared John D. Brown (seal) By the above named Testator John D. Brown to be his last will and testament in presence of us who at his request have hereunto subscribed our names as witnesses in the presence of the testator and of each other Denton G. Shuart, Mendon, Monroe co, N.Y. Benjamin Carter, " " " " State of New York Livingston County} I William M Keley Surrogate of the county of Livingston do hereby certify that in pursuance of the status of the State of New York upon proof and examination taken before me in the county aforesaid on the eleventh day of July in the year 1842 by the order of Denton G. Shuart and Benjamin Carter the only subscribing witnesses to the foregoing will; that the foregoing will was duly executed that the Testator at the time of executing the same was in all respects competent to devise real and bequeath personal estate and not under restraint; and I the Surrogate aforesaid do further certify that the foregoing will and the proofs thereof are recorded in my office in Book No.2 of Wills on pages from 332 to 335 inclusive. In witness whereof I the Surrogate aforesaid have hereunto (JS) affixed my seal of office at Geneseo in the said County of Livingston the Eleventh day of July in the year 1842