WILL: Elisha Keeney; Rochester, Monroe co., NY surname: Keeney, Webb, Lamberton submitted by Karyl K Hubbard (karylh @ yahoo.com) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO photocopy by Karyl Hubbard Monroe County will book vol 19 page 257 THE LAST WILL AND TESTAMENT OF ELISHA KEENEY Be it remembered, That heretofore, to=wit: on the 18th day of May in the year of our Lord one thousand eight hundred and seventy five, Chauncey Perry and Mary A. Keeney executors named in the Last Will and Testament of Elisha Keeney late of the City of Rochester in the County of Monroe deceased, appeared in open Court, before the Surrogate of the County of Monroe and made application to have the said Last Will and Testament of Elisha Keeney which relates to both Real and Personal Estate, proved: and on such application the said Surrogate did ascertain by satisfactory evidence who were the windows heirs at law and next of kin of the said testators and their respective residences_____________and siad Surrogate dd thereupon issue a Citation in due form of Law, directed to the widow's heirs at law and the next of kin by their respective names, stating their places of residence_________requiring them to appear before the Said Surrogate at his office in the City of Rochester, in the said County, on the 7th day of July 1874 to attend the Probate of said Will.___________. And afterwards, to-wit: on the Seventh day of July A. D. 1874and be thereupon adjudged the said Will to be a valid Will of Real and Personal Estate, and the proofs there to be sufficient, which said Last Will and Testment and proofs, are as follows, that is to say: RECORD OF WILL In the name of God, Amen. I, Elisha J. Keeney of the City of Rochester, County of Monroe and State of New York, being of sound mind and memory and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declare this to be my last Will and Testament, that is to say: First: After all my lawful debts are paid and discharged I devise give and bequeath to my beloved wife Mary Ann Keeney the use and income of all the real estate of which I may died seized and possessed, for and during the term of her natural life.-(said real Estate to be properly protected and preserved) or the proceeds of said real estate or the interest on the proceeds of any which may be sold, after paying necessary expenses and repairs for the protection and preservation of all real estate unsold, is to be paid to her as her own money. Secondly: I give and bequeath to my said wife all my household furniture together with the one third part of all the residue of personal property of which I may died seized and possessed. Thirdly: I give and bequeath to Marsha Webb niece of my wife and daughter of John Webb, deceased, and who heretofore lived with me out of the personal Estate after paying the legacy to my wife as above provided, the sum of two thousand dollars. Five hundred dollars of said sum is to be paid to her at my death and the residue at the death of my said wife after the real estate shall be sold, provided the executors shall deem it best for her to have it so paid at the times above specified. I hereby give my executors discretionary power as to the time and manner of the payment of said legacy to her, for prudential reasons -after the time of the happening of my death and also the death of my said wife, entitling her to receive all of said legacy or any part thereof. Fourthly: I give and bequeath all the rest and residue of my personal estate to my brothers, Hiram Keeney and Gurden, and to my niece Helen Keeney, daughter of my deceased brother George Keeney, & to the heirs of my deceased brother Franklin Keeney and to my sister Polly Lamberton wife of Curtis Lamberton Each of my said brothers and my said sister are to represent on share or moity respectively - and the heirs of each deceased brother are to represent the one share only, to which said brother would be entitled if living- and to them & their heirs forever. Fifthly: At the death of my said wife I give devise and bequeath all the residue and remainder of the Estate real - and the proceeds of my real estate to be held for the benefit of my said wife as above provided to each of my said Brothers and my said Sister & the representatives of each of my deceased brothers & as aforesaid - each brother & my said sister representing one Share whether living or dead - and the heirs of each deceased brother of my said sister should she die before I do, are to represent & receive the on share to which their Father respectively or their mother my said sister would have been entitled if living. I hereby invest my Executors with full power to sell any or all of my real estate at their discretion and to give title thereto. Likewise I make, constitute and appoint Chauncey Perry, William C. Stone and my beloved wife Mary Ann Keeney of the City of Rochester to be executors and Executrix of this, my last Will and Testament, hereby revoking all form Wills by me made. In witness whereof I have hereunto subscribed my name and affixed my seal the Second day of July in the ear of our Lord on thousand eight hundred and seventy three. Elisha J. Keeney (his seal) The above written instrument was subscribed by the said Elisha Keeney, Testator in our presence and acknowledged by him to each of us: and he at the same time declared the above instrument so subscribed to be his last Will and Testament: and we, at his request have signed our names as witnesses hereto in his presence and in the presence of each other and written opposite our names our respective places of residence. John Clark, Jr. who resides in the City of Rochester County of Monroe & State of New York. Chs. S. Campbell who resides in the City of Rochester, County of Monroe & State of New York. CODICIL In the name of God, Amen. I Elisha Keeney of the City of Rochester, County of Monroe and State of New York, being of sound mind and memory and considering the uncertainty of this frail and transitory life, do therefor make, ordain publish and declare this to be a codicil to my last Will and Testament heretofore made by me and bearing date the second day of July 1873. First: In addition to the provisions by me made in said will for my beloved wife Mary Ann Keeney I do hereby give and bequeath to her my said wife my Life Insurance policy and all the proceeds thereof with full right to collect receive and hold the same to her own use absolute at my death. Said Policy and the proceeds thereof said Policy being for $1000. - Issued by the Guardian Mutual Live Insurance Company of New York dated August Seventh 1871 and numbered 28563. In witness whereof I have hereunto subscribed my name and affixed my seal on the 28th day of March in the year of our Lord one thousand Eight hundred and Seventy Four. E. J. Keeney (his seal) The above written instrument was subscribed by the said Elisha J. Keeney Testator in our presence and acknowledged by him to each of us: and he at the same time declared the above instrument so subscribed to be a Codicil to his last Will and Testament: and we at his request have signed our names as witnesses hereto, in his presence and in the presence of each other and written opposite our names our respective places of residence. Matilda Wilton who resides in the City of Rochester, Monroe County, New York Chauncey Perry who resides in the City of Rochester, Monroe County New York. SECOND CODICIL In the name of God, Amen. I Elisha J. Keeney of the City of Rochester, County of Monroe and State of New York, being of sound mind and memory and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declare this to be a Codicil to my last Will and Testament heretofore made by me and bearing date the second day of July 1873. First: Instead of the one share of amount which by the terms of my said will I had devised & bequeathed to my Brother Hiram Keeney - - he have since the Execution of my said Will died leaving his heirs well provided for - I give devise and bequeath the one half of said share to the heirs of my deceased brother John Keeney to share and share alike - leaving only one half the amount specified in said Will to the heirs of my deceased brother Hiram Keeney. Second: My sister Polly Lamberton being well off I hereby take the one third part of the one share therein provided for her in my said will and give devise & bequeath the said amount, to wit: The one third part of the one share therein specified for Polly Lamberton to the heirs of my said deceased brother John Keeney - Leaving only two thirds of the one share to my said sister Polly Lamberton. In witness whereof I have hereunto subscribe my name and affixed my seal the Ninth day fo May in the year of our Lord one thousand eight hundred and seventy four. E. J. Keeney (his seal) The above, written instrument was subscribed by the said Elisha J. Keeney the Testator in our presence, and acknowledged by him to each of us: and he at the same time declared the above instrument so subscribed, to be a codicil to his last Will and Testament: and we, at his request have signed our names as witnesses hereto, in his presence and in the presence of each other and written opposite our names our respective places of residence. Matilda Wilton, of the City of Rochester, Monroe County, NY Chauncey Perry of the City of Rochester, Monroe County, NY Proof to Codicils In the matter of Proving the Codicil to the Last will and Testament of Elisha J. Keeney deceased Monroe County SS: Matilda Hilton and Chauncey Perry being first duly sworn in open court both depose and say that he is a subscribing witness to the Codicils to this Last Will and Testament of Elisha J. Keeney late of the City of Rochester in the County of Monroe and State of New York deceased. And these deponents do further say that the said Elisha J. Keeney deceased did in the presence of each of these deponents subscribe his name to the end of the instrument in writing which is now here shown to these deponents and which purports to be the Codicils to the Last Will and Testament of the said deceased one of which bears date on the 28th day of March 1874 and the one last Executed on the 9th day of May 1874: that the said deceased did at the time of Subscribing his name to the respective instruments as aforesaid declare the same to be Codicils to his last Will and Testament and these deponents did therefore subscribe their own respective names at the end of the said instruments as attesting witness to the execution thereof each at the request of the said deceased and in his presence of each other That the said deceased at the time of subscribing his name to said instruments as aforesaid and publishing said instruments as aforesaid was of full age: that he appeared to be and deponents believe her was of sound mind memory and understanding that he appeared to be under no restraint and as deponents verily believe in all respects to competent to devise real estate: that each of these deponents say the other sign his name to the said Several instruments in the presence of the said deceased. Subscribed and sworn before me this 7th day of July 1874. Chauncey Perry W.S. Shuare Surrogate of Monroe County. Matilda Wilton