JOHN WEIDMAN WILL, LIVINGSTON COUNTY, NEW YORK

Copyright (c) 2001 by Rhonda Brown(rjbrown1973@yahoo.com).

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Last Will and Testament of 
John Weidman
Deceased

Be it remembered that heretofore, to wit: on the 25th day of July in the year of our Lord 
one thousand eight hundred and sixty five, Joel Weidman, the executor named in the Last 
Will and Testament of John Weidman late of the town of North 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 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 
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 
Dansville in said County, on the 16th day of September A.D. 1865, to attend the probate 
of said Will, to which day said proceedings were duly adjourned.

And afterwards, to wit: on the 23rd day of September A.D. 1865, 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 23rd day of 
September A.D. 1865, 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:

In the name of God, Amen.  I John Weidman of the town of North Dansville in the 
County of Livingston and State of New York of the age of seventy-two and being of 
sound mind and memory do publish and declare this my Last Will and Testament in 
manner following, that is to say:

First, I give and bequeath to by son Joel fifty dollars to be paid to him out of my Estate 
the same being considered a debt due him for a horse some years ago that I got from him.

Second, I give and bequeath the remainder of my Estate the same to be sold by my 
Executor herein after appointed as he may deem it most advantageous (the same being 
about twelve, more or less, acres on which I now live) and after taking from said sale the 
fifty dollars that Joel is to have, then the balance to be divided among my eight children 
in eight equal parts, of like sums each.  Their names is as follows.  Daughters Julian and 
Matilda.  My sons Joel and John, daughter Lovena and my sons David and William and 
daughter Elizabeth.

Third, my son David share is to be apportioned among my seven children and each is to 
give their notes to the amount of one seventh of his portion and said notes held by my 
Executor for the space of five years from my decease without interest.  Said notes to be 
given to David should he return within said five years and by him collected from seven 
children – should David not return as above the said notes to be returned to the makers.

Fourth, it is my desire that my personal property should be divided among my children 
aforesaid by making equal parcels without a sale, or if that cannot be done, then my 
Executor to make the arrangements necessary for a sale and divide the amount realized 
by an equal division among the heirs as aforesaid, after getting a tombstone for my wife 
and myself out of the said personal property.

Lastly, I do hereby nominate and appoint my son Joel to be the Executor of this my last 
will and testament, hereby revoking all former wills by me made.

I witness where of I have hereunto set my hand and seal this 12th day of September in the 
year of our Lord one thousand eight hundred sixty-one.

John Weidman

The above instrument consisting of one sheet was at the date thereof signed, sealed, 
published and declared by the said John Weidman as and for his last will and testament in 
presence of us, who at his request and in his presence and in the presence of each other 
have subscribed our names as witnesses thereto.

Henry Kershner, Dansville in Livingston County
Edmund Hartman, Dansville in Livingston County


SURROGATE'S COURT

In the matter of Probing the Last Will and Testament of
John Weidman
Deceased

Livingston County SS

Henry Kershner and Edmund Hartman being first duly sworn, in open Court upon their 
several corporeal oaths, each for himself doth depose and say, that he is a subscribing 
witness to the last Will and Testament of John Weidman late of the town of North 
Dansville in the County of ________ and State of _____, deceased.  And these deponents 
do further say, that the said John Weidman, deceased, did in the presence of each 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, and which bears date on the 12th day of September one thousand eight 
hundred and sixty one

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 these deponents 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 the said deceased and in his 
presence and in te presence of each other.  That the said deceased, at the time of so 
subscribing 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 each of these deponents saw the other sign his name 
to said instrument in the presence of the said deceased.
Edmund Hartman
Henry Kershner


Subscribed and sworn to before me this
23rd day of September A.D. 1865
S. Hubbard
County Judge

Livingston County SS

In appearing upon the proofs duly taken in respect to the Last Will and Testament of John 
Weidman late of the town of North Dansville in the County of Livingston and State of 
New York, deceased, that the said Will was duly executed and that the said John 
Weidman 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 all the proofs and 
examinations are hereby recorded, signed and certified by me, pursuant to the provisions 
of the Revised Statutes, the 23rd day of September A.D. 1865

S. Hubbard
Surrogate