WILL: John Bushman;  Henrietta, Monroe co., NY 
surname: Bushman, Ely, Mcnall

submitted by Judy Bushman Card (jcard20983 at aol.com) 
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Submitted Date: January 15, 2005
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Source: Monroe County New York Wills Vol. 46 page 20-22
Written: June 24 1887
Recorded: September 23 1890

Bushman, John – Henrietta, Monroe county, NY 
Will Book 46 – page 20 - 22
(1820 – 1889 son of  John and Nancy Stockslager Bushman)

Record of Will
The Last Will and Testament of John Bushman of the Town of Henrietta County of 
Monroe and State of New York.

I, John bushman being of sound mind and memory, aware of the uncertainty of life 
and the certainty of death, and desires of making an equitable and proper 
disposition of my property at my decease, I do make, ordain, publish and declare 
this to be my last Will and Testament, in manner and form following, that is 
today:
	First, I direct that all my just debts and financial expenses to be paid
	Second: I will and bequeath to my wife Cynthia M. Bushman all my personal 
property and household furniture and to her heirs and assigns forever.
	Third: I give and bequeath to my Cynthia M. the Sum of Five Thousand 
dollars which shall be accepted by her in lieu of dower to be used and enjoyed by 
her during the term of her natural life and from and immediately after her 
decease I give and bequeath the same to my three children Elbridge Bushman, Ward 
Bushman and Erin ely to share and share alike and to their heirs and assigns 
forever.
	Fourth: I Will and bequeath to my grand son Charles McNall the sum of six 
hundred dollars which shall be paid to him by my executors here in after named, 
upon his surviving at the ago of twenty one years; but in case my said grandson 
shall die before he arrives at the age of twenty one years, then in that event, I 
will and bequeath the Said Sum of Six hundred dollars to my three children here 
in before named to divided all equally between them to share and share alike.
	Fifth: I Will and bequeath to my granddaughter Cora J. McNall the sum of 
Four hundred dollars which shall be paid to her by my executors herein after 
named upon her surviving at the age of twenty one years, but in case my said 
granddaughter Cora J. should die before she arrives at the age of twenty one 
years then in that event, I will and bequeath the said sum of four hundred 
dollars to my three children here in before named to be divided equally between 
them to share and share alike.
	Sixth: I direct my executors here in after named to charge my son 
Elbridge Bushman and to deduct it from his portion of my property that is to be 
divided the sum of Twelve Hundred and fifty dollars.  Said Twelve Hundred and 
fifty dollars was paid by me for him for a house and five acres of land bought of 
Elmira Longfellow and deeded to said son Elbridge by Mrs. Longfellow.
	Seventh: The balance residue and remainder of my estate I will, devise 
and bequeath to my three children Elbridge Bushman, War Bushman and Erin Ely as 
follows: I direct my executors to pay my son Elbridge Bushman the sum of five 
Hundred dollars and to my Son Ward Bushman the sum of five Hundred dollars, and 
the balance of my property is then to be divided equally between the said 
Elbridge and Ward Bushman and Erin Ely to share and share alike.
	Eight: My said executors are hereby authorized to sell and convey my 
portion or all my real estate as soon as they may think it desirable.
	
Likewise, I make, constitute, and appoint My Wife Cynthia M. Bushman executrix 
and James S. Frost to be my executor of this my Last Will and Testament, hereby 
revoking all former Wills by me made.

In Witness Whereof, I have here unto subscribed my name and affixed my seal, the 
24th day of June in the year of our Lord one thousand eight-hundred and eighty 
seven.

John (his mark) Bushman   L.S.

The foregoing instrument (consisting of one sheet) was at the date there of 
subscribed by the said John Bushman the testaor there in named, in the presence 
of us and each of us & he at the time of making such subscription acknowledged 
that he executed the same and declared the said instrument so subscribed by Him 
to be His last Will and Testament.  Where upon we, at His request, and in His 
presence, and in the presence of each other, do here subscribe our names as 
witness there to.

C. J. Smith	residing at West Henrietta, NY
Johann (german script) Susser  residing at West Henrietta, NY
**************
Surrogate’s Court Record
In the matter of proving the Last Will and Testament of
Juhn Bushman, deceased.

Monroe County, SS.

Charles J. Smith and John Susser being first duly sworn in open Court, each for 
himself doth deponents, …….. subscribed his name by making his mark 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 24th day of June one thousand eight hundred and eighty seven.  That 
the said deceased died on or about the 25th of August 1890, at Henrietta, NY 
aforesaid, 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, as the end of said instrument, as attesting 
witnesses to the execution thereof, each at the request of 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 said instrument as aforesaid, and publishing said 
instrument as aforesaid, was of full age, and a citizen of the United States; 
that he appeared to be, and deponents believe hew 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 said 
deceased,  that said will was read over before execution.

Subscribed and sworn to before me, this 28th day of September 1890
Charles J. Smith
Johann Susser (John Susser)

Surrogate of Monroe County, J. A. Addington

State of New York
County of Monroe, 
Surrogate’s Office

I hereby certify, that the annexed instrument, being the Last Will and Testament 
of John Bushman late of the Town of Henrietta in the County of Monroe, and State 
of New York, deceased has upon due proof , been this day admitted to probate by 
the Surrogate’s Court of said County of Monroe, as a will valid to pass real and 
personal property; which said last Will and Testament, and the proofs and 
examinations taken thereon, are recorded in the office of the Surrogate of said 
last mentioned County.

In testimony whereof, I have hereunto set my hand and affixed the seal of said 
Surrogate’s Court, at Rochester, in said County, this 23rd day of September in 
the year one thousand eight hundred and ninety.

J. A. Addington, Surrogate

Monroe county, SS.
	It appearing upon the proofs duly taken in respect to the Last Will and 
Testament, of John Bushman late of the Town of Henrietta in the county of Monroe 
and state of New York, deceased that the said Will was duly executed, and that 
the said John Bushman at the time be 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 Code of Civil Procedure, this 
23rd day of September A. D. 1890.

Recorded and Examined:
September 23, 1890