WILL: Darius Talman Sr.; Perinton, Monroe co., NY
surname: Talman, Ayrault

submitted by Patricia G. Holland (pgholland @ amherst.edu)
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Source: SAMPUBCO photocopy
Monroe co NY Will Book Vol. 24 page 473-476
Written: 13 Jan 1874
Probated: 25 Sep 1878

Transcribed from SAMPUBCO copy by Patricia G. Holland, April 8, 2004
Monroe County, NY Will Book Vol. 24, pages 473-76.

Last Will and Testament of
Darius Talman Sr.
Deceased.

Be it remembered, That heretofore, to-wit: on the 16th day of September in the
year of our Lord one thousand eight hundred and seventy-eight Miles Ayrault
Executor named in the Last Will and Testament of Darius Talman Sr. late of the
town of Perinton 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 Darius Talman Sr. which relates to both Real
and Personal Estate, proved: and on such application the said Surrogate did
ascertain by satisfactory 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
City of Rochester, in said County, on the Twenty-fifth day of September 1878,
to attend the Probate of said Will.

And afterwards to-wit: on the Twenty-fifth day of September A.D. 1878,
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
Twenty-fifth day of September A.D. 1878, 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: 

Record of Will.
I Darius Talman of the town of Perinton, in the County of Monroe and State of
New York, being of sound mind and memory, do make, publish and declare this my
last will and testament in manner and form following, that is to say:

First: I direct my executor hereinafter named and appointed, to pay all my
just debts and funeral expenses and the expenses of settling my estate.

Second: I give and devise to my beloved wife Cynthia Talman the use and income
of one equal one third of all the real estate of which I shall die seized, for
and during the term of her natural life. I also give and bequeath unto my wife
Cynthia Talman all my household furniture of every kind including beds,
bedding, linnen, crockery, cooking utensils, and silver ware, and all articles
used in furnishing my house. I also give and bequeath to my said wife, one
cow, one horse, and my carriage and harness, each cow and horse to be chosen
and selected by her from any that may be owned by me at the time of my
decease, the said property to be owned by her absolutely and to be at her
disposal. The foregoing devise and bequests to my said wife are to be accepted
by her in lieu of all dower and statute exemptions to which she might be
entitled in my estate, and in full satisfaction thereof.

Third: I give and bequeath to my son Jabez Talman two certain promissory notes
which I now hold against him of one thousand dollars each, together with all
interest which shall be unpaid thereon at the time of my decease; and I direct
my said executor hereinafter appointed to give up the said notes to him. I
also give and bequeath to him the gold watch which formerly belonged to my son
Charles.

Fourth: I give and bequeath to my sons Isaac Talman and Luther Talman a
certain promissory note or instrument in writing and all interest thereon
which shall be unpaid thereon at the time of my decease, which note or
instrument is dated October 1st, 1871, and is executed by them for the payment
of six thousand nine hundred and seventy two dollars to my executor within one
year after my decease with interest payable annually to me at the rate of five
per cent; and I hereby direct my executor to deliver said note or instrument
to them, on their receipt for the same after my decease.

Fifth: I give and bequeath to Bridget O'Neil who formerly worked in my family
the sum of ten dollars. 

Sixth: I give and bequeath to my son Orville J. Talman what rent he now owes
me and what rent may hereafter accrue and be owing to me at the time of my
decease from him on or for the use of the house and lot belonging to me in the
village of Fairport and on which he now resides. 

Seventh: The foregoing legacies and provisions I hereby declare to be given in
full satisfaction and discharge of any and all claims which any of the said
legatees may have against me or my estate. 

Eighth: After payment of the foregoing legacies and provisions and all just
debts and expenses, I give devise and bequeath unto my sons Darius Talman and
Orville J. Talman, and my daughter Mary Ayrault, all the rest and residue of
my property and estate both real & personal of every name and nature, to be
divided between them equally share and share alike, to have, hold and enjoy
the same forever, subject, however, to the full and complete payment of all
the foregoing legacies and bequests and to the carrying out of and fulfilling
in a proper and suitable manner the provisions hereinbefore made on behalf of
my said wife, and I hereby declare all the said legacies and bequests to be a
charge upon the said real and personal estate herein devised and bequeathed to
my said sons Darius, and Orville J. and my daughter Mary, and a lien thereon
until the whole of said legacies and provisions are fully paid, fulfilled and
discharged. 

Lastly: I hereby nominate, constitute and appoint my son in law Miles Ayrault
executor of this my last will and testament, and I revoke all former wills by
me made. In witness whereof I have hereunto set my hand and seal this
thirteenth day of January in the year of our Lord one thousand eight hundred
and seventy-four.

Witnessed by      Darius Talman. L.S.
John Talman
Seymour G. Wilcox
The above instrument was at the date thereof, signed, sealed, published and
declared by the said Darius Talman as and for his last will and testament, in
the 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.
 John Talman of Rochester Monroe Co NY
Seymour G. Wilcox, of Fairport, Monroe Co. N.Y.
Surrogate's Court.
In the Matter of Proving the Last Will and Testament of Darius Talman Sr.
Deceased.
Monroe County, ss.
John Talman and Seymour G. Wilcox being first duly sworn in open Court, each
for himself doth depose and say, that he is a subscribing witness to the last
Will and Testament of Darius Talman Sr., late of the town of Perinton, in the
County of Monroe and State of New York, deceased. And these deponents do
further say, that the said Darius Talman Sr. 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 the deponents, and which purports to be
the last Will and Testament of the said deceased, and which bears date on the
Thirteenth day of January one thousand eight hundred and seventy-four. That
the said deceased died on or about the Twenty-third day of August 1878, at the
town of Perinton as deponents are informed and believe. 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 the presence of each other. That the
said deceased, at the time of so subscribing his name to the said instrument
as aforesaid, and publishing said instrument as aforesaid, was of full age;
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 the said instrument, in the presence
of the said deceased.
      John Talman.
      Seymour G. Wilcox.
Subscribed and Sworn to before me, this 25th day of September, A.D. 1878.
     W. D. Shuart Surrogate of Monroe County.
 Monroe County, ss.
It appearing upon the proofs duly taken in respect to the Last Will and
Testament, of Darius Talman Sr. late of the town of Perinton in the County of
Monroe and State of New York, deceased, that the said Will was duly executed
and that the said Darius Talman Sr. 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 Twenty-fifth day of September A.D. 1878.
Rec'd and Ex'd, Sept. 25th 1878 WD Shuart Surrogate.