WILL: John Belton;  Eaton, Madison co., NY
surname: Belton, Tackabury, Dickinson, Temple

submitted by Linda Cancio (teamdos @ aol.com)
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Source: SAMPUBCO photocopy
Madison County Surrogate Court Will Book Vol. EX page 204
Written: January 25 1828
Recorded: February 13 1828


     A copy of the last will & testament of John Belton late of the town of 
Eaton in Madison County deceased.  Recorded February 13, 1828.

     I, John Belton of the town of Eaton in the county of Madison considering 
the uncertainty of life and the certainty of death do hereby make and ordain 
this my last will and testament in manner following.   

first.  I commit my spirit to God who gave it.  as to my real and personal
property I will and bequeath in manner following.  Whereas a certain agreement
in writing was entered into between myself and my wife Lydia previous to our
marriage which writing was left in the hands and care of David Gaston as
trustee for the said Lydia and whereas said writing is indefinite as to the
amount of money Received or goods and articles enumerated.  I therefore as a
substitute and fulfillment of said agreement will and bequeath unto my beloved
wife Lydia Belton that all such household furniture and other goods and
property which she had and brought with her at the time of marriage or since
that time, and in our or my possession at the time of my decease be delivered
up to her again, and for the payment for all notes and money received I will
and bequeath unto my said wife Lydia Eight hundred dollars to be paid in
manner following.  four hundred dollars to be paid on demand, one hundred
dollars to be paid in four years one hundred dollars to be paid in five years. 
one hundred dollars to be paid in six years and one hundred dollars to be paid
in seven years thereafter.  the interest accruing on said payments to be paid
annually the interest to commence at the time of my decease.  

3d..  I will and bequeath unto my son James Belton Eighty Seven acres of land
being in part of lot No. 13 deed bearing date 21st day of May 1816.  Reference
to Robert Troup's deed for the same will more fully appear.  

4th I will and bequeath to my daughter Eliza Belton forty dollars to 
be paid to her on demand.  

5th.  As to the rest residue and remainder of all my real & personal property
I will and bequeath to my children Samuel Belton, Robert Belton, Thomas
Belton, Anna Tackabury, George Belton, Margaret Dickinson, Sally Tucker, Jane
Temple and Eliza Belton to be equally divided amongst them after paying all
just and legal demands against my estate.  

Lastly I hereby constitute and appoint my son James Belton as sole Executor to
this my last will and testament hereby revoking all former wills by me made. 
In addition to the above I John Belton of the place aforementioned do make & 
publish this codicil or alteration namely that previous to the equal 
distribution of the residue of all my real & personal property I will and 
bequeath to my daughter Anna Tackabury twenty five dollars and then the
residue to be equally divided as mentioned in the fifth artical above – signed
& sealed by the above signed John Belton and declared the same to be his last
will and testament in the presence of us who have subscribed our names as
witnesses in presence of the testator.  January 25th 1828.  Instead of twenty
five mentioned in the addition I John Belton say it must be forty dollars.
John Belton L.S
     John Pratt 
     Abiathar Gates
     Edward Kearn

     Probate of the preceding will Recorded February 13th. 1828.
     Surrogates Office
In Madison County:  Be it remembered that on the thirteenth day of February 
Eighteen hundred & twenty Eight personally appeared before me Otis P. Granger 
Surrogate of the county of Madison John Pratt to me known, one of the 
subscribing witnesses to the will of John Belton late of Eaton deceased, of 
which the above is a copy, who by me being duly sworn on his oath deposed that 
he did see the said John Belton seal & Execute the said will or instrument in 
writing of which the above is a copy, that he heard him the said John Belton 
publish & declare the same as & for his last will & testament, that at the
time 
thereof he the said John Belton was of sound disposing mind & memory to the 
best knowledge & belief of him the said John Pratt and that he together with 
Abiathar Gates & Edward Kearn, the other witnesses to the said will, did 
severally subscribe their names thereto as witnesses in the presence of the 
testator & of each other.  And on the same day & year aforesaid, personally 
appeared before me the said surrogate James Belton Executor in the said will 
named & was duly sworn to the faithful performance & Execution thereof by 
taking the usual oath in that case provided.
                                                                               

                 Otis P. Granger Surrogate