WILL: Moses Malloch; Riga, Monroe, NY, Monroe co., NY surname: Malloch, Campbell submitted by Janet malloch (jmalloch @ blueheronpaper.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: May 4, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 17.5 Kb ************************************************ Source: Sampubco Copy Of Will Monroe co NY Will Book Vol. 4 page 121 Written: February 19 1847 Recorded: May 15 1848 Moses Malloch RECORD OF WILL Feb 19, 1847 I Moses Malloch of Riga, County of Monroe and State of New York, being of sound mind and memory blessed by 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 devise unto my Grandson Moses Malloch the son of Peter Malloch all my horses, farm situate lying and being in the Town of Riga aforesaid, containing one hundred acres, the same more or less, to have and to hold the same to him, the said Moses Malloch his heirs and assigns forever subject however to the payment of all the precursory legacies hereinafter mentioned. Second. I hereby give and devise to my Grandson Moses Malloch, the son of John Malloch, my out farm of one hundred acres, more or less situate in the Town of Riga aforesaid, being the farm possessed and occupied by my son Duncan Malloch now deceased, at the time of his death, to have and to hold to him the said Moses, his heirs and assigns forever. Third. I give unto my Sons Peter Malloch and John Malloch in trust for my daughter Margaret Campbell the sum of three hundred dollars to be appropriated by the said trustees, to and for the sole benefit of the aforesaid Margaret. Fourth. I give unto my Grandaughter Isabel Campbell the sum of two hundred dollars. I do give unto my son Daniel Malloch the sum of Five dollars, having heretofore advanced to him what I deemed to be his share. The foregoing legacies are hereby made and declared to be chargeable to and a lien upon my said house, farm herein above devised to Moses Malloch the son of Peter Malloch and chargeable to him as devisee of the same. Fifth. All my personal property and effects of which I may die possessed I hereby give and bequeath unto my two Grandsons Moses Malloch the son of Peter Malloch and Moses Malloch the son of John Malloch to be divided equally between them by my Executors herein after names as soon as convenient after my decease. Lastly. I do hereby appoint my sons John Malloch and Peter Malloch of Riga aforesaid and Peter P. Campbell of Caledonia in the County of Livingston and State aforesaid Executors of this my last Will and Testament, hereby revoking all former Wills by me made. Instead of Peter P Campbell of Caledonia above mentioned as one of my Executors, I hereby appoint Peter Campbell of Riga aforesaid to be one of my Executors. In witness whereof I have hereunto set my hand and Seal this nineteenth day of February, One Thousand Eighty and Forty-Seven. Moses Malloch Signed, Sealed, Published and declared by the said Moses Malloch to be his last will and Testament in presence of us who have at his request subscribed our names as Witnesses, in the presence of the testator and of each other. James Malloch, of Wheatland, Monroe County, NY Colin Campbell of Caledonia, Livingston County, NY State of New York, Monroe County May 15, 1848 I Moses Sperry surrogate of the said county of Monroe do hereby certify that the foregoing and annexed written instrument was duly proved before me as a surrogate court held at Rochester in and for the county of Monroe on the fifteenth day of May, 1848, according to the provisions of the Statute in such case made to provided as , and for the last will and testament of the Real and personal estate of Moses Malloch, late of the Town of Riga in the County of Monroe aforesaid deceased and that the said will and xxx proofs and examinations of the subscribing witnesses thereto had and taken thereon were duly recorded in the office of the said surrogate in libera 4 of wills at pages examined. In testimony whereof I have hereunto set my hand and seal of office the said fifteenth day of May 1848. State of New York, Monroe County Be it remembered that at a surrogates court held at Rochester in and for the County of Monroe on the 15th day of May 1848 before Moses Sperry Surrogate of the said County the last will and testament of Moses Malloch, late 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 as a will of real and personal estate after citation for that purpose had been issued, served, returned and filed according to law. And the following depositions of the witnesses were thereupon taken and filed to establish the executions genuineness and validity of the said will. Monroe County Surrogate Court. In the matter of proving the last will and testament of Moses Malloch late of the town of Riga, deceased. County of Monroe: Colin Campbell of the town of Caledonia in the county of Livingston, being duly sworn says he was acquainted with Moses Malloch. Has seen the paper purporting to be the last will and testament of Moses Malloch before. Saw him sign the paper produced. I subscribed my name to the paper as a subscribing witness. James Malloch subscribed his name at the same time as a witness. I was requested to subscribe my name as a witness by Mr. Moses Malloch the testator. The paper now produced now appears as it did at the time I subscribed my name as witness. The witnesses subscribed the paper at the same tine in the presence of the testator and of each other and at the testator's request. Testator said that, the paper now produced was his last will and that he was tired of making wills and this was the last. At the time of executing the will I thought that he was a very smart man of his age and that I saw nothing about him but that he was of sound mind and memory. First knew the testator in the winter of 1842. I thought that at the time he made the will he appeared quite as smart as when I first saw him.. He was of full age I have done business with the testator as late as the summer of 1846. The paper now appears as it did at the time it was executed. Testator was not under any restraint at the time of its execution. Moses Malloch the testator subscribed his name to the paper produced in the presence of the witness and James Malloch at the same time declared it to be his last will and testament. Cross Examined Witness say I live in Caledonia. Moses Malloch testator lived in Riga. Testator lived about 5 or 6 miles from my residence. First became acquainted with Moses Malloch the deceased at James Malloch's house, brother of the deceased, in Wheatland in the winter or fall of 1842. I saw him at that time 2 or 3 hours. I was living at the house of his brother at the time. That was the first time I saw him. He was selling wheat at Mr. Garbutt's mill and came there from the mill. I have seen him a number of times since. Cant state where think at Mumfordville, I think I had conversation with him at Mumfordville. Have no distinct recollection about what the conversation was about nor how long it lasted, could not tell at what spot it was. Have no distinct recollection of a third conversation until at the time Testator was at my shop. At the time he was at my shop he came after horse collars, he did not get them that day, that was during the year of 1845 or 1846 should think it was in the fore front of summer cant say how long testator was at my shop, he was at my shop either before or after he got the collars. Had no other business transaction with deceased except the one stated. Don't remember distinctly of seeing deceased again until I was called into the office of Judge Smith. Testator always recollected my name from the first time I saw him. At the time we met at Mumfordville cant say whether or not testator called me by name, can't say who spoke first at this time. Don't recollect who spoke first the next time we met don't recollect whether or not he called me by name the 2nd time, don't recollect whether or not at any other time when we met he called me by name, probably he did and probably not. Judge Smith's office is in Caledonia, where I subscribed my name to the paper now produced. Judge Smith Mr Moses Malloch the testator Mr. James Malloch and myself were in Judge Smith's office. This was in the daytime in the forepart of the day. When I went into Judge Smith's office he, Judge Smith, was writing at his table and witness thinks upon this paper meaning the paper purporting to be the last will and testament of the deceased. I went to the office of Judge Smith alone, was in the Judge Smith's office perhaps 1/2 an hour. Think testator spoke to me first, cant say whether or not he called be by name. I can't say how long I was in the office before I subscribed my name. Think Judge Smith finished writing before I left the office, the first time. Witness name was written the 2nd time. I was in the office. Don't recollect what was said to me the 2nd time I was in the office. Don't recollect who first spoke to me. I was requested to sign my name to the will. The language was, testator wanted me to subscribe my name as a witness to that will. Don't recollect of any else being said to me before I subscribed my name. I did not sign my name before James Malloch signed his name. James Malloch was requested to sign his name as witness previous to asking me. Cant tell the exact language of that request. His brother Mr Malloch requested James Malloch to sign the will as a witness. I think he said will you sign that will as a witness. Moses Malloch was in the room at the time James Malloch signed his name, I think he Moses Malloch was sitting, think by a table. Don't recollect how long I remained in the office after I made my signature, I left soon after I made my signature, shortly after cant say how long after. I had made my signature by Moses Malloch except that he was tired of making wills before I left the room, Think that the testator James Malloch and myself left the room together. Before I had made my signature to the paper he presented the paper was not read to me. The paper was not read in my presence. When Moses Malloch made his signature I was close by him, Judge Smith was close by I was sitting at a table when I made my signature, think the same table Judge Smith had been writing at. Moses Malloch made his signature at the same table. Re Cross Examined When Moses Malloch executed the paper here shown witness and at the time witnesses and James Malloch subscribed the paper as witnesses he said that it was his last will and that he was tired of making wills and that he thought it was his last will. Think this was said before the paper was subscribed by witness James Malloch. It was after or about the time Moses Malloch the Testator signed it. He stated to James Malloch at the time he requested him to sign the will. He requested him to sign it as a witness. From the first time testator saw me at his brother's house when I met him afterwards he always recognized me as an acquaintance. When Moses Malloch signed I stood and looked on particularly. Re cross-examined. Witness says I have had conversation in regard to my testimony before we adjourned for dinner, since the adjournment for dinner no particular party of the testimony was talked over. I was asked what questions were put to me and where we left off, etc. Subscribed May 1, 1848 Colin Campbell Moses Sperry, Surrogate. Monroe County Surrogate Court . In the matter of proving the last will and testament of Moses Malloch late of the town of Riga, deceased. County of Monroe James Malloch of Wheatland in the county of Monroe being duly sown says he knew Moses Malloch in his lifetime saw him subscribe his name to this paper, paper purporting to be the last will and testament of Moses Malloch, deceased. Being shown to witness. I signed my name as a witness at the request of Moses Malloch. Colon Campbell also signed his name as witness at the same time and at the request of Moses Malloch. At the time Moses Malloch signed the paper and at the time Colon Campbell and witness signed the paper as witnesses, he testator stated that it was his wish and his will. He declared it to be his will. At the time of the Execution of the paper he testator was not under any restraint, it was a free act. At the time Moses Malloch made this will he was a ususal in regard to being of sound mind. He knew at the time what he was doing. Sometimes he had his memory and sometimes he had memory enough that day or the day the will was made. Cross Examined Witness says I reside 7 or 8 miles from the place my brother died. He was 85 years old at the time of his death. I am 75 years of age shall be 76 the 17th day of October. I did not go with my brother to Judge Smith's office. He sent word to me to meet him there. He sent work do me by his son Daniel, I met him there at he request. I did not see him that day until I met him in the office. He was always troubling me until he had altered the will he made. I got several words from him and I had a conversation with him and fixed upon a day to meet him at Judge Smith's. I heard that they were a going to have trouble and he said that he was determined to give the boys have their learning. The trouble spoke of was in regard to his will, 2nd will. We have had conversations for a good many years about his will. After the death of his wife, he was very restless until he had made another will. He had made one before. I was in the office all the time Judge Smith was writing this paper. He said nothing to me about it while Judge Smith was writing the will - the other will was there - I know what the other will was. I know that the terms of this paper are (meaning the paper purporting to be the will) there is a difference between the 2 papers or the contracts for the last few years. On some points he was forgetful and on some points his memory was a good as ever it was. His memory about things that had taken place a good many years ago was good. He could recollect well what had taken place when he was a young man and a boy. His memory was good on some points and bad on things that had lately taken place, never have been present to see him do business. Cant tell whether or not he did forget names. When in conversation with him and talking with him he would sometimes wander and seem to be lost in mind. His memory at sometimes was better than at other times. Hard to say I had not seen him do any business for the last 5 years. But he would tell me about his business and how he was doing it. I was present when his first was drawn. But can't tell when it was, the first will was made according to his mind at that time. He seemed to be losing his faculties yearly I do not think that he was of sound mind when he made the will as he was 20 years ago. I have noticed that for the last 10 or 15 years he has been failing in his faculties. He has been feeble in health for the last 5 or 6 years. After the paper purporting to be his will was written I heard it read over to him. Judge Smith, myself, and Moses Malloch were present when it was read over one of the heirs were there and Judge Smith said that he could not be a witness and at his request I sent for another. I sent Peter Campbell of the witness I can't tell one sound that Moses Malloch said after he came into the room, after Colon Campbell came into the room he asked him who he was, Moses Malloch knew who Colon Campbell was I know he knew him because he called him by name and asked him how he was or how his health was. After colon Campbell came into the room and my brother asked how he was there was nothing else said except to ask him to subscribe his name, that I recollect. After the witnesses had signed their names to the will then was nothing said except to request me to keep the will after my brother had signed his name to the will don't recollect he said any thing to me or Colon Campbell. After my brother had signed his name to the will he asked us the witnesses to sign our names witnesses and told me to keep the will. Don't recollect that the will was read over by anyone in the presence of Colon Campbell. Don't recollect the words my brother used when he told us to sign our names as witnesses, but told us to sign as witnesses. Re Examined Judge Smith and myself and Colon Campbell were present when my brother declared the paper here shown to be his will. Re Cross Examined My brother said this holding the paper was his last will. Judge Smith read the will and I don't recollect wheter my brother said it was his last will. It was at the time Judge Smith read it over or at some other time subscribed and worn this first day of May. James Malloch Moses Sperry surrogate certified the will April 15, 1848