WILL: James Gay;  Riga, Monroe co., NY 
surname: Gay, Shepard, Knowles, Waldo, Knap, Nois

submitted by Margaret williams (mdjwilly at earthlink.net) 
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Submitted Date: October 22, 2005
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Source: sampubco.com
Monroe County Will Book Volume 3, Pg 120
Written: October 10, 1836
Recorded: October 10, 1836

Record of Will
Riga, October 10th, 1836.  I, James Gay, of the town of Riga, County of
Monroe, State of New York, do make and ordain this my last will and testament
in manner and form following, vis I give and bequeath to my wife Elizabeth
Gay, the sum of three hundred dollars to be paid out of my estate, also all
the beds and bedding she has made since she has lived with me, with all her
wearing apparel and my great Bible.  I give and bequeath to my son, Thomas
Gay, the sum of five dollars.  I give to my daughter Sylva Waldo the sum of
fifty dollars to be paid out of my estate.  All the rest and residue of my
estate, goods and chattels, I give and bequeath to my four remaining children
to be equally divided between them vis Lucinda Knap, Sarah Gay, Horace Gay and
Lorry Nois.  I nominate constitute and appoint Thomas Bingham, executor of
this my last will and testament hereby revoking all other and former wills by
me at any time heretofore made.

In witness whereof I have hereunto set my hand and seal on the day and year 
first above written.

Signed, sealed, published and declared by the said testator James Gay as for
his last will and testament in the presence of us who have subscribed our
names as witness thereto in the presence of the said testator.
                              Samuel Shepard
                              Paul Knowles
                              Samuel Shepard, Jr.

State of New York, Monroe County Js: Be it remembered that at a Surrogates
Court held at Rochester in and for the County of Monroe on the first day of
February in the year of our Lord One Thousand Eight Hundred and forty Two
before Enos Pomeroy, Surrogate of the said County the last will and testament
of James Gay of the town of Riga 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 deceased had been
issued, served, 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 Surrogates
court before the said Surrogate, and the following depositions of the
witnesses were taken to establish the genuiness 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
genuiness and validity of the said will.

County of Monroe Surrogate Court
In the Matter of Proving the will
Of James Gay, deceased

County of Monroe, Js: Paul Knowles of the town of Riga 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 James Gay, late of the
town of Riga in the County of Monroe aforesaid, deceased.  And this deponent
further saith, that the said James Gay the said testator did, in the presence
of this deponent, 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 James Gay and which bears date on the tenth day of
October in the year of our Lord, one thousand eight hundred and thirty six. 
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; and this deponent and Samuel Shepard and Samuel Shepard Junior 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 said, 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 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 this deponent further says that he saw the said Samuel Shepard
and Samuel Shepard Junior subscribe their names at the foot of the said will
as attesting witness thereto   that the said Samuel Shepard is sick and unable
to leave home and that the said Samuel Shepard Junior resides out of this
state, in Michigan.              Paul Knowles  

Subscribed and sworn this 1st day of February 1842 before me
E Pomeroy, Surrogate of Monroe County

Monroe County, Surrogate Court
In the Matter of Proving the will
Of James Gay, deceased

Monroe County, Js:  Thomas Bingham of Riga in the County of Monroe being duly
sworn says that he was present when James Gay, late of the same place, now 
deceased, executed his last will and testament now exhibited for probate and 
bearing date October 10th 1836   that immediately after the execution of the 
said will by the said James Gay he delivered the same to this deponent for
safe keeping and that this deponent safely kept the same till he delivered it
to the Surrogate of the said County for proof   that this deponent saw Samuel
Shepard, Paul Knowles, and Samuel Shepard Junior subscribe their names at the
foot of the said will as attesting witnesses thereto in the presence and at
the request of the said James Gay, and that he, this deponent, saw the said
James Gay sign his name at the foot of the said will in their presence and
that he, the said James, at the same time declared it be his last will and
testament, and that he, the said James, were then of sound mind and memory, of
full age to execute a will and was not under any restraint, and that the said
will appears now in all respects as it did when it was so executed as
aforesaid without any alteration whatsoever.  And this deponent further says
that the said Samuel Shepard Junior, in the month of October or November last
past, informed this deponent that he was about to remove from the state of New
York to the state of Michigan   and this deponent has since been informed on
inquiry that the said Samuel Shepard Junior has removed to the state of
Michigan aforesaid, and that he resides out of the State of New York, which
information this deponent verily believes to be true.  And this deponent
further says that the said Samuel Shepard resides at Riga in the County of
Monroe, and that he is confined to his house by sickness, and that he is
wholly unable to leave his house   and that he has been confined to his house
by sickness six weeks or upwards, and that his recovery is very uncertain as
this deponent is informed and believes.
                               Thomas Bingham  
Subscribed and sworn this 1st day of February 1842 before me
     E Pomeroy, Surrogate of Monroe County

Monroe County Js   I certify the preceding to be a true Record of the Will of 
James Gay 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 and examined the first day of
February, 1842.
     E Pomeroy, Surrogate