WILL: Gardner Corser; Gates, Monroe co., New York surname: Corser, Paterson, Spencer submitted by Kristin Grip (kristingrip at comcast.net) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm http://files.usgwarchives.org/ny/monroe/wills/v3/corser-gardner.txt *********************************************************************** Source: sampubco.com Monroe co NY Will Book Vol. 3 page 20 Written: 7 Dec 1839 Probated: 1 Mar 1841 Last Will & Testament of Gardner Corser Transcribed from SAMPUBCO copy by Kristin Grip Record of Will The last will and testament of Gardner Corser of the town of Gates in the County of Monroe. I, Gardner Corser considering the uncertainty of this mortal life and being weak in body but of sound mind and memory (blessed be almighty god for the same) do make and publish this my last will and testament in manner and form following that is to say - First, I give and bequeath unto my beloved wife Mercy Ann Corser all of my household furniture of every name or nature for the benefit of herself and my children and direct that my said wife take charge of the children and bring them up & educate them as she things proper and wishing her to advise with my brother Caleb Corser for their benefit. I also give and bequeath unto my beloved wife Mercy Ann the one third part of all my real and personal property (being her dower right in (?)) during her natural life and then to be divided among my children in the same manner as the other property hereafter named. - Second, I give and devise to my two sons Lewis H. and Charles A. one half of all my real and personal estate (subject to the claim of my beloved wife named above) also all the farming tools and stock (subject to my wife's right above). - Third, I give and devise unto my three daughters Laura Ann, Frances Jane and Caroline Fidelia, the other half of all my real and personal estate (except the farming tools, stock, and household furniture subject to my wife's dower) equally unless my two sons or either of them shall choose to take the whole real estate and in such case he or they may do the same by paying each daughter their share may be appraised in three equal annual payments from the time each son arrives at twenty one years of age and also the interest of the same to commence at the time each daughter arrives at the age of twenty one years. - Fourth, I direct that my executor hereafter named collect what may be due me and after paying the expense attending the settlement of my estate loan said money out and take sufficient security for the same interest to be applied for my said wife's and children's benefit in the same proportion as the other property and each one's share if not before expenses to be paid to each child on being twenty one years old by my administrator. - Fifth, I hereby appoint my beloved wife Mercy Ann executrix and Caleb Corser and John P. Paterson executors of this my last will and testament hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal the 7th day of December in the year of our Lord one thousand eight hundred and thirty nine. Gardner Corser {LS} The above instrument consisting of one sheet was at the date thereof declared to us by the said testator Gardner Corser to be his last will and testament and he then acknowledged to each of us that he had subscribed the same and we at his request sign our names hereto as attesting witnesses. Austin Spencer residing in Ogden Hannah F. Corser residing in Gates State of New York, Monroe County ss: Be it remembered that at a Surrogates Court held at Rochester in and for the County of Monroe on the first day of March in the year of our Lord one thousand eight hundred and forty one, before Enos Pomeroy, Surrogate of the said County the last will and testament of Gardner Corser of the town of Gates in the County of Monroe aforesaid deceased of which the preceding Record of Will is a true copy, was duly proved and admitted to probate and to be recorded as a will of real and personal estate, after citation to the widow, heirs and next of kin of the said deceased had been (?) returned and filed according to law requiring them to appear before the said Surrogate to attend the proof of the said will. And that after the returning and filing of the said citation with due proof of the service thereof in due form of law, the said will was produced in the said Surrogates Court before the said Surrogate and the following depositions of the witnesses were taken to establish the genuineship and validity of the said will for the purpose of having the same proved and recorded as a will of real and personal estate by which proof the said Surrogate is satisfied of the genuineship and validity of the said will. County of Monroe. Surrogate Court In the matter of proving the will of Gardner Corser, deceased} County of Monroe ss: Austin Spencer of the Town of Ogden in the County of Monroe aforesaid being duly sworn doth depose and say that he is a subscribing witness to the last will and testament of Gardner Corser late of the town of Gates in the County of Monroe aforesaid, deceased. And this deponent further saith that the said Gardner Corser the said testator did in the presence of this deponent and Hannah F. Corser subscribe his name at the end of the instrument which is now shown and exhibited to this deponent and which purports to be the last will and testament of the said Gardner Corser and which bears date on the 7th day of December in the year of our Lord on thousand eight hundred and thirty nine. And this deponent further saith that the said testator did at the said time of subscribing his name as aforesaid at the end of the said will declare the said instrument so subscribed & now exhibited to be his last will and testament, and this deponent and the said Hannah F. Corser did thereupon subscribe their names at the end of the said will as attesting witnesses thereto in the presence and at the request of the said testator. And this deponent further saith that at the said last will as aforesaid and at the time of this deponent's subscribing his name as an attesting witness thereto as aforesaid, the said testator was of sound mind and memory, of full age to execute a will and was not under any restraint. And that the said will now appears in all respects as when so executed without any alteration whatsoever. And that the said will is in the handwriting of this deponent - that John P. Paterson named in said will has since it was made and since the death of the said Gardner removed from said County to Illinois as this deponent is informed and believes. Austin Spencer Subscribed and sworn this first day of March 1841 before me. E. Pomeroy. Surrogate of Monroe County County of Monroe Surrogate Court In the matter of proving the will of Gardner Corser, deceased} County of Monroe ss: Hannah F. Corser of the town of Greece in the County of Monroe aforesaid being duly sworn doth depose and say that she is a subscribing witness to the last will and testament of Gardner Corser late of the town of Gates in the county of Monroe aforesaid, ceased. And this deponent further saith that the said Gardner Corser the said testator did in the presence of this deponent and Austin Spencer subscribe her name at the end of the instrument which is now shown and exhibited to this deponent and which purports to be the last will and testament of the said Gardner Corser and which bears date on the 7th day of December in the year of our Lord one thousand eight hundred and thirty nine. And this deponent further saith that the said testator did, at the said time of subscribing his name as aforesaid, at the end of the said will declare the said instrument so subscribed and now exhibited to be his last will and testament, or in the said Austin in the presence and hearing of the said Gardner and in his behalf did so declare it. And this deponent and the said Austin did thereupon subscribe their names at the end of the said will as attesting witnesses thereto in the presence and at the request of the said testator. And this deponent further saith, that at the said time when the said testator subscribed his name to the said last will as aforesaid and at the time of this deponents subscribing her name as an attesting witness thereto as aforesaid the said testator was of sound mind and memory, of full age to execute a will and was not under any restraint. And that the said will now appears in all respects as when so executed without any alteration whatsoever. Hannah F. Corser Subscribed and sworn this first day of March 1841 before me. E. Pomeroy Surrogate of Monroe County Monroe County ss: I certify the preceding to be a true Record of the will of Gardner Corser deceased and of the proceedings proofs and examinations had and taken thereon on admitting the said will to be proved and recorded as a will of real and personal estate pursuant to the statute in such case made and provided and that all the same are recorded & examined the first day of March 1841. E. Pomeroy Surrogate Copy Renunciation and proof To Enos Pomeroy Esq. Surrogate of Monroe County N.Y.} Sir, Being informed that I am named as Executor in the last will of Gardner Corser late of Gates in said County deceased and from my residence in Illinois being incapacitated to act I hereby renounce such appointment and decline to act as such Executor. In witness whereof I have hereunto set my hand at Peoria County in the State of Illinois this 29th day of March 1841. J.P. Patterson Witnesses G.M. Woodbury Frances V. Woodbury Hiram Kilborn Monroe County ss: Personally came before John B. Cotrell and being by me duly sworn deposeth & saith that he is well acquainted with the handwriting of G. M. Woodbury, Frances Woodbury & Hiram Kilborn (whose names are written as witnesses to the annexed paper of the signature of J. P. Patterson) and has frequently seen them (?) write their respective names and am fully satisfied that the said signatures above named as witnesses are the respective & genuine hand writing of each respectively. J. B. Cotrell Subscribed & sworn before me this 19th day of April 1841.} Recorded & examined the 5th day of May 1841. E. Pomeroy Surrogate