WILL: Daniel Salisbury; Nelson, Madison co., NY surname: Salisbury, Cummings, Durfee, Hail, Heffron, Holmes, Medbury, Savage, Scudder, Swan submitted by Mary Ann Salisbury (emailmary at comcast.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: November 28, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 9.7 Kb ************************************************ Source: Sampubco.com Madison co NY Will Book Vol. E page 71 Written: June 26, 1852 Recorded: June 26, 1855 WILL of DANIEL SALISBURY s/o SAMUEL of NELSON Will of DANIEL SALISBURY of NELSON, MADISON, N.Y. Transcribed by MARY ANN SALISBURY for SAMPUBCO Surnames: CUMMINGS, DURFEE, HEFFRON, MEDBURY, SALISBURY, SAVAGE, SCUDDER, SWAN Signed: 26 JUNE 1852 - Proved: 26 JUNE 1855 Surrogate: SIDNEY F. HOLMES of MORRISVILLE, NY Witness: ANN A. SALISBURY of NELSON, NY Witness: ALFRED MEDBURY of NELSON, NY Executor and Wife: PENELOPE “NELLY” SALISBURY Heir and Guardian of Minors: ANSON SALISBURY Heir: DANIEL SALISBURY Heir: HEIL SALISBURY Heir: POLLY, the wife of HORACE SWAN Heir: GITTY, the wife of ALLEN CUMMINGS Heir: EVELINE, the wife of ENOCH S. SAVAGE Heir: SALLY HEFFRON Heir: IRVING DURFEE, Minor Heir: EGBERT M SCUDDER, Minor Heir: OGDEN H SCUDDER, Minor Heir: AMBROSE S SCUDDER, Minor THANK YOU to JUDY EMRY and DIANE STILES for sharing their SALISBURY FAMILY Research SURROGATE’S COURT MADISON COUNTY In the matter of the proof of the Last Will and Testament of DANIEL SALISBURY deceased Before S. F. HOLMES County Judge and Surrogate at MORRISVILLE. JUNE 26TH 1855. Be it remembered that on the 26th Day of JUNE 1855 PENELOPE SALISBURY the WIDOW of DANIEL SALISBURY, late of Nelson, in the County of Madison, deceased, and the SOLE EXECUTRIX named in his Last Will, appeared in this Court and by her petition duly verified, prayed that said Will might be proved and admitted to Probate, and it appearing that EGBERT M. SCUDDER, OGDEN H. SCUDDER, AMBROSE S. SCUDDER and IRVING DURFEE, HEIRS and NEXT OF KIN of said Deceased were MINORS and had no General Guardian, ANSON SALISBURY of Nelson was thereupon duly appointed SPECIAL GUARDIAN of EACH of said MINORS for the sole purpose of taking care of their interests in the matter of the proof of said Will, and thereupon the said PENELOPE SALISBURY produced, proved and filed the consent in writing of said ANSON SALISBURY as such Special Guardian, and ALLEN CUMMINGS, GITTY CUMMINGS, DANIEL SALISBURY, ENOCH S. SAVAGE, EVELINE SAVAGE, ANSON SALISBURY, HORACE SWAN, POLLY SWAN, SALLY HEFFRON and HEIL SALISBURY, HEIRS and NEXT OF KIN of said deceased, that the proof of said Will might be taken before the Judge and Surrogate of Madison County at any time thereafter without any further notice to them and therefore whereupon an order was duly made and entered that the proof of said Will be taken immediately and the said PENELOPE SALISBURY and ANSON SALISBURY having duly appeared the Judge and Surrogate in open Court took and heard the proof in relation to the execution of said Will hereinafter set forth and by an order duly made and entered on this 26th Day of JUNE 1855, He adjudged said Will to be a valid Will of Real and Personal Estate and the proof thereof to be sufficient and admitted the same to Probate which said Last Will and Testament and Proof are as follows, viz: WILL: In the name of God, Amen. I, DANIEL SALISBURY of County of MADISON and State of NEW YORK, do make and declare this my Last Will and Testament in manner and form following: FIRST: I resign my Soul into the hands of Almighty God and believing in a remission of my sins by the <_____> and <_______> Jesus Christ, And my Body I commit to the Earth to be buried at the discretion of my EXECUTRIX hereinafter named, And my Worldly Estate I give and devise as follows: FIRST: After the payment of my just debts and funeral expenses, I give and bequeath unto MY BELOVED WIFE NELLY SALISBURY all my property and estate of every kind and nature to be at her use and disposal as follows: viz: To make use and dispose of all or any part of my said estate for her support in all such ways as She may think fit and proper and in case there shall be any part of my said estate left, principle or interest, I hereby give and devise the same ALL MY CHILDREN at the death of my said WIFE which shall be living at that time to be equally divided between them, share and share alike. Hereby revoking former wills by me made. <_________> under my hand and seal the 26TH DAY OF JUNE 1852, hereby appointing My said WIFE SOLE EXECUTRIX of this my Will. DANIEL SALISBURY S. S. The above instrument written on one sheet <_________> <_________> <_________> subscribed by the Testator DANIEL SALISBURY on the 26TH day of JUNE 1852 in the presence of each of us and was at the same time declared by him to be his Last Will and Testament and we at his request sign our names hereto as attesting witnesses. ALFRED MEDBURY Residing in NELSON, MADISON COUNTY ANN A. SALISBURY Residing in NELSON, MADISON COUNTY PROOF: SURROGATE’S COURT MADISON COUNTY In the matter of proving the Last Will and Testament of DANIEL SALISBURY deceased late of the Town of Nelson as a Will of real and personal estate. Depositions of witnesses approved, sworn and examined on the above entitled matter before SIDNEY F. HOLMES SURROGATE of MADISON COUNTY at MORRISVILLE in the COUNTY of MADISON on the 26TH DAY OF JUNE 1855 at 11 o’clock in the forenoon. COUNTY OF MADISON S. S. ALFRED MEDBURY of the Town of Nelson in the County of Madison AGED FORTY NINE YEARS, a witness produced, sworn and examined on the part of the person propounding the Last Will and Testament of the aforesaid DANIEL SALISBURY deceased deposes and says that this deponent was acquainted with the above named Testator DANIEL SALISBURY deceased and had been so acquainted with him for about THIRTY FIVE YEARS PRIOR to the time deponent became a witness to the instrument hereinafter referred to, That the said Testator did in the presence of this deponent subscribe his name at the end of the will now shown to this deponent and which bears date the 26TH DAY OF JUNE 1852. That such subscription was made by the said Testator in the presence of this deponent who did thereupon at the same time declare the instrument so subscribed by him to be his Last Will and Testament and that this deponent did thereupon sign his name as a witness at the end of the said will at the request of the said Testator and in his presence. And this deponent further saith that at the time the said will was so subscribed by the said Testator He was of sound mind and memory of about the AGE OF SEVENTY EIGHT YEARS and was not under any restraint to the knowledge and belief of this deponent. The said DANIEL SALISBURY DIED in NELSON in the MONTH of MARCH last and was a resident of Madison County at the time of his death. I saw the will, and it is now in the same situation in all respects as when executed. ALFRED MEDBURY Subscribed and sworn to this 26TH day of JUNE A. D. 1855. S. F. HOLMES COUNTY JUDGE and SURROGATE COUNTY OF MADISON S. S.: ANN A. SALISBURY of the Town of Nelson in the County of Madison AGED TWENTY FOUR YEARS, a witness produced, sworn and examined on the part of the person propounding the Last Will and Testament of the aforesaid DANIEL SALISBURY deceased deposes and says that this deponent was acquainted with the above named Testator DANIEL SALISBURY deceased and had been so acquainted with him for about TWENTY THREE YEARS PRIOR to the time deponent became a witness to the instrument hereinafter referred to, That the said Testator did in the presence of this deponent subscribe his name at the end of the will now shown to this deponent and which bears date the 26TH DAY OF JUNE EIGHTEEN HUNDRED and FIFTY-TWO. That such subscription was made by the said Testator in the presence of this deponent who did thereupon at the same time declare the instrument so subscribed by him to be his Last Will and Testament and that this deponent did thereupon sign her name as a witness at the end of the said will at the request of the said Testator and in his presence. And this deponent further saith that at the time the said will was so subscribed by the said Testator He was of sound mind and memory of about the AGE OF SEVENTY EIGHT YEARS and was not under any restraint to the knowledge and belief of this deponent. ANN A. SALISBURY Subscribed and sworn to this 26TH day of JUNE A. D. 1855. S. F. HOLMES CO. JUDGE and SURROGATE MADISON COUNTY S. S. PENELOPE SALISBURY being duly sworn deposes and says that she is the WIDOW of DANIEL SALISBURY deceased, and was living with him at the time of his death, that she found the will which has been introduced in evidence among the papers of the deceased after his death, that previous to his death, the said Testator informed her where it was kept and requested her to take care of it. PENELOPE SALISBURY HER MARK Subscribed and sworn to this 26TH day of JUNE A. D. 1855. Before me, S. F. HOLMES COUNTY JUDGE and SURROGATE MADISON COUNTY S. S.: It appearing from the proof taken in respect to the Last Will and Testament of DANIEL SALISBURY deceased, that said will had been executed according to law, that the Testator at the time of executing the same, was in all respects competent to make a Last Will and Testament and devise real estate and not under restraint. The said will and proof are hereby recorded, signed and certified by me pursuant to law, this 26TH DAY OF JUNE 1855. S. F. HOLMES COUNTY JUDGE and SURROGATE