WILL: Thomas Stapleton; Hamilton, Madison co., NY surname: Stapleton, Winchell, Green, Gibson submitted by Jeffrey Carmean (agapao at usol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: March 13, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 12.1 Kb ************************************************ Source: Sampubco.com Madison co NY Will Book Vol M page 73 Written: November 4, 1863 Recorded: April 26, 1869 Transcribed from SAMPUBCO copy by Jeffrey Carmean Last Will and Testament of Thomas Stapleton Deceased. Be it Remembered, That heretofore, to wit. on the 24th day of February in the year of our Lord one thousand eight hundred and sixty nine, Charles Stapleton the sole residuary legatee named in the Last Will and Testament of Thomas Stapleton late of the town of Hamilton in the County of Madison deceased, appeared in open Court, before the Surrogate of the County of Madison 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, viz: Ellenor Green, Mary Gibson, Robert Stapleton, William Stapleton, Thomas Stapleton, Philip Stapleton, Ann Winchell, Samuel Stapleton and The Children of John Stapleton deceased, heirs and next of kin of the said deceased, and said Surrogate did thereupon issue a Citation in due form of law, directed to the heirs at law and next of kin above named by their respective names, stating their respective places of residence, requiring them to appear before said Surrogate at his office in the village of Morrisville in said County, on the 26th day of April A.D. 1869, to attend the Probate of said Will, And afterwards, to-wit: on the 26th day of April A.D., 1869, 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 26th day of April A.D. 1869, 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: Know all men by these presents: that I Thomas Stapleton of the town of Hamilton in the County of Madison and State of New York of the age of Seventy Four years and being of sound mind and memory do, make publish and declare this my last will and testament, in manner following, that is to say: First. I give and bequeath to my beloved wife Mary the use of all my real and personal estate for and during her natural life, of which I may die seized. Second. I give and bequeath to my son Robert Stapleton of Blofield near Norwich in England the sum of Three Hundred Dollars the same to be paid to him within eighteen months after my decease and in case I die before my wife Mary then and in that case the said sum shall be paid to my son Robert within eighteen months after the decease of my wife and in case that my son Robert shall be dead at my decease or the decease of my wife then and in that case I give and bequeath the said sum of three hundred dollars to my son Robert's widow the same to be paid to her in like manner as to my son Robert were he alive. Third. I give and bequeath to my daughter Mrs. Eleanor Green the sum of one dollar to be paid to her in one year after my decease or in one year after the decease of my wife. Fourth. I give and bequeath to my daughter Mrs. Mary Gibson the sum of one dollar to be paid to her in one year after my decease or in one year after the decease of my wife. Fifth. I give & bequeath to my grand daughter Louisa Stapleton (daughter of my son Charles Stapleton) and also to my great grand daughter Rose Stapleton, daughter of my grandson Philip Stapleton all my household furniture of whatsoever name or nature the same to be equally divided between them as near as may be by my executor as soon as may be after the decease of my wife. Sixth. I give and bequeath to my son Charles Stapleton all the rest, residue and remainder of my personal property of whatsoever name or nature the same to be his forever. Seventh. I give and devise to my son Charles Stapleton all the real estate of which I may die seized situate in the town of Hamilton aforesaid & being a part of Lot No. nine in said town & bounded as follows to wit: Beginning at a point formed by the north line of land formerly owned by Ornan Sturtevant & the highway running from the dwelling house formerly owned by said Sturtevant past Benjamin Barnards house. Thence along the center of the said highway & the east line of the land known as the Sponford lot: Thence along the line of the said Sponford lot south to the land formerly owned by Ornan Sturtevant: Thence along the north line of lands owned by the said Sturtevant to the place of Beginning. Bounded on the East by said highway, on the west by the said Sponford lot and on the south by lands formerly owned by the said Sturtevant and now owned by Frank Holmes, containing five acres of land be the same more or less. Also all that other certain piece or parcel of land situate in the town of Hamilton aforesaid and being a part of lot No. eight (8) in said town & bounded as follows (to wit) Beginning at the south east corner of said lot No. 8 running thence north on the east line of said lot fifty-seven rods, thence west for enough so that a line drawn North & South parallel with the east line of said lot to intersect the south line of said lot will include twenty acres of land. Also all that other certain piece or parcel of land being a part of lot No. nine in the town of Hamilton aforesaid and bounded as follows to wit, beginning at the center of the highway at the north east corner of lands owned by Elizur Risley & running east along the north line of lands now owned by Benjamin F. Rhoades & Columbus F. Rhoades to the west line of land owned by the said C. F. Rhoades, thence north to lands now owned by Thomas Britcher: thence west to the center of the highway: thence southerly to the place of beginning containing about nine acres of land be the same more or less. The testator hereby reserves the right for George M. Rhoades & William Rhoades of taking from the last described premises all the stone they want for building together with all and singular the hereditament & appurtenances thereunto belonging or in any wise appertaining: To have and to hold the premises heretofore described to the said Charles Stapleton his heirs and assigns forever, Provided that the said Charles Stapleton shall pay all debts that I may be owing at my decease & the decease of my wife & also pay to my son Robert or his widow the sum of Three Hundred Dollars & the two legacies to my two daughters Eleanor & Mary & place a suitable Head Stone at ends of the graves of myself and wife within two years after our decease. The said legacies are to be paid to my executor by my son Charles & he, my executor, is to transmit & pay the same to my son Robert as aforesaid & to my daughters Eleanor & Mary. Eighth. I further order & declare that no Inventory shall be taken of my personal property but the same shall be distributed to the persons hereinbefore mentioned by my executor in an equitable manner immediately after the decease of myself and after the decease of my wife or as soon thereafter as may be convenient. And I further order & declare & it is my wish that my executor shall take the charge of the personal property bequeathed to my two grand children Louisa & Rosa & see the same delivered to them when they respectively arrive at the age of fifteen years. Lastly. I hereby appoint Orrin B. Lord sole executor of this my last will and testament with power to sell & convey the real estate hereinbefore mentioned & described at public or private sale at such times & upon such terms & in such manner as to him shall seem meet: provided however that no part of my real estate shall be sold till after the expiration of sixteen months after my decease or the decease of my wife. And then not to be sold unless my son Charles shall refuse or neglect to pay said legacies as hereinbefore mentioned & I hereby revoke all former wills by me made. In witness whereof I have hereunto set my hand and seal this fourth day of November in the year of our Lord one thousand eight hundred and sixty-three. Thomas Stapleton The above instrument consisting of two sheets was at the date thereof signed, sealed, published and declared by the said Thomas Stapleton as & for his last will & testament in presence of us who at his request & in his presence and in the presence of each other have subscribed our names as witnesses thereto. Uri N. Rhoades Hubbardsville Madison Co. N.Y. Chester Chambers Hubbardsville Madison Co. N.Y. MADISON COUNTY SURROGATE'S COURT. In the matter of Proving the Last Will and Testament of Thomas Stapleton Deceased. Madison County, ss, Uri N. Rhoades and Chester Chambers 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 Thomas Stapleton late of the town of Hamilton in the County of Madison and State of New York deceased. And these deponents do further say, that the said Thomas Stapleton 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 4th day of November one thousand eight hundred and sixty three. 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 the 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, that the said Thomas Stapleton departed this life at the town of Hamilton in the County of Madison on the 29th day of January 1869 and that at the time of his death he was a resident of said town of Hamilton. Uri N. Rhoades Chester Chambers Sworn and subscribed before me this 26th day of April 1869.} Charles L. Kennedy Co. Judge & Surrogate. Madison County, ss, It appearing upon the proofs duly taken in respect to the Last Will and Testament of Thomas Stapleton late of the town of Hamilton in the County of Madison and State of New York, deceased, that the said Will was duly executed, and that the said Thomas Stapleton 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 26th day of April A.D. 1869. Charles L. Kennedy Co. Judge & Surrogate.