WILL: George Willey; Ogden, Monroe co., NY surname: Willey, Davis, Castle, Chapman, Spencer, Hamilton, Voorhies, Landon, Chapin, Bowen, Tarbox, Smith 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 Submitted Date: February 7, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 34.0 Kb ************************************************ Source: Sampubco.com Monroe Co. Ny Vol 5 Pg 325 Written: November 21, 1849 Recorded: January 17, 1853 Last Will & Testament of George W. Willey Transcribed by Kristin Grip Record of Will The last will and Testament of George W. Willey of the town of Ogden County of Monroe and State of New York. I George W. Willey considering the uncertainty of this mortal life and being of sound mind and memory (blessed be Almighty God for the same) Do make and publish this my last will and Testament in manners and form following that is to say- First. I give and bequeath unto my beloved wife Cynthia all of my personal property of every name and nature except what is hereafter named as legacies to wit: 2nd. I give and bequeath unto my eldest daughter Fanny the wife of Elisha P. Davis the sum of one thousand dollars. 3rd. I further give and bequeath unto my daughter Nancy the wife of Jehial Castle the sum of one thousand dollars. 4. I give and bequeath unto my son George Willey the sum of Two thousand dollars. 5. I give and bequeath unto the heirs of my late son Julius Willey one thousand dollars which sum shall be divided amongst said heirs equally. 6. I also give and bequeath unto the heirs of my late daughter Harriet W the late wife of William A. Chapman the further sum of one thousand dollars which sum shall be divided equally among said heirs. 7. I give and bequeath unto the first Presbyterian or Congregational Society of the town of Ogden (of which I am a member) the sum of five hundred dollars which I direct my Executors or administrators to pay to the Trustees of said Society to invest or loan said sum where it will be secure on interest to be paid annually and the said interest applied annually to support the preaching of the Gospel to said Society. Which said several legacies or sums of money I will and order to be paid to the said respective legatees within a reasonable time after my decease and also to receive each the interest on the several sums or legacies named above from the time of my decease until said Legacies are paid as above dictated. I further give and devise to my said wife Cynthia Willey in lieu of her dower right and to her heirs and assigns all of my real estate consisting of lands and buildings lying and being in the town of Ogden County of Monroe and State of New York. It is my will that this devise shall include all of my rights in the Meeting House belonging to said Society heretofore mentioned. And I hereby appoint my trusty friend Austin Spencer and Gordon Hamilton executors of this my last will and Testament hereby revoking all (illegible). And lastly, my express will and meaning is and I do hereby order and appoint that if any difference dispute question or controversy shall be moved arise or happen concerning any gift bequest matter or thing in this my will give and bequeathed expressed or contained that then no suits or suits in law or equity or otherwise shall be brought commenced on prosecuted for and concerning the same but the same shall be referred wholly to the award order and determination of my friends Cornelius Voorhies, Mills Landon and Alpha Chapin of Ogden Monroe County and what they or a majority of them shall order direct or determine therein shall be binding and conclusive to all and every person and persons therein concerned. In witness whereof I have hereunto set my brand and seal the twenty first day of November in the year of our Lord one thousand eight hundred and forty nine. George W. Willey {L.S.} The above instrument consisting of one sheet two pages of which are written was now here subscribed by George W. Willey the testator in the presence of each of us and was and was {sic}at the same time declared by him to be his last will and testament and we at his request sign our names hereto as attesting witnesses. Andrew Bowen, Ogden John W. Bowen, Ogden Austin Spencer, Spencerport Ogden State of New York Monroe County ss: Be it remembered that as a Surrogates County held at Rochester in and for the County of Monroe on the 17th day of January A.D. 1853 Before Denton G. Stuart Surrogate of the said county the last Will and Testament of George W. Willey late of the town of Ogden 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 severed returned and filed according to laws. And the following depositions of the witnesses were thereupon taken and filed to establish the execution genuineness and validity of the said will. County of Monroe Surrogate Court In the matter of proving the will of George W. Willey, deceased. December 27th 1852 County of Monroe ss: John W. Bowen being sworn in says: I reside in Ogden resided there in 1849. Witness is shown the will. The signature of John W. Bowen as a witness to said will is my signature. I knew George W. Willey and in his life time I resided across the road from him in Ogden at the time the will was executed I resided at the time with my father. My age is thirty years I don't recollect as I saw George W. Willey sign the will. I signed the will as a witness at Mr. George W. Willey's request at his house. He said it was his will. I don't recollect of seeing his name to will. I don't know whether it was there or not As the time I signed as a witness Esqr Spencer and my brother were present. I believe the attesting part of the will was read at the time I signed as a witness. It was read by Esqr Spencer my brother and Mr. Willey were present when read. It was at his house. None of the rest of the family were present. It was in the most southern room of the house. There was a pen and ink in the room and I signed it in the same room. There was a table in the room and I signed it at the table. Mr. Willey sat at the table at the time I went in I don't recollect of seeing him write after I went in. Mr. Willey was standing at the table when the attesting clause was read and Mr. Spencer was standing by the table at the same time my brother Andrew Bowen signed the will as a witness at the same time I did. Don't recollect where Mr. Spencer did or not It was signed at the time of its date. On Cross Examination I had known Mr. Willey six or seven years at the time I went in to sign the will. I had lived very near him. I had heard he had a bad spell. Can't tell how long it was before this that I hears of that it might have been a year or two before I signed the will. He was out and around when it was pleasant weather. He walked pretty well for a man of his age. He was about 85 years old at the time of his death he died about 3 years after making his will. Mrs. Willey came after me at the time she said she wanted me to go over there don't recollect as she told me for what purpose. My brother Andrew went with me. Perhaps we were there half an hour. Mr. Willey was in the room when we first went there. I think he set in a chair when we first went in. I don't recollect who first spoke to me when I went in. I don't recollect whether he was deaf. I don't know as he had any difficulty in hearing. I don't recollect whether I had or had not talked with him between the bad spell and the making the will between that time I don't remember whether he was or was not hard of hearing. I don't remember of his making any other remark at the time of signing of the will other than to request us to sign the will. I don't know who done the principal talking at the time I guess it must have Mr. Spencer. Mr. Willey said it was his last will and he wanted us to sign it. I have no distinct recollection of any talk except to request us to sign the will. It was Mr. Willey that asked us to sign I am not in any wise related or connected with Mrs. Willey the widow or her family don't recollect of any other subject spoken of by Mr. Spencer other than about signing the will. Mr. Spencer read over some of the bottom of the will not the whole will. Nothing said about the provisions contained in the will. Mrs. Willey or Mr. Hamilton did not come into the room while we were there This was six or seven o'clock in the evening Don't recollect whether Mr. Willey did or did not say anything about having made a will before this. John W. Bowen Andrew Bowen. Being duly sworn says I reside in Ogden I resided there in 1849 with my father. I knew George W. Willey in 1849. Is shown the will Says the signature of Andrew Bowen as a witness to said will is my signature. I signed it about three years ago at Mr. Willeys house Mr. Willey Esqr Spencer and my brother were present at the time. I went there with my brother. Mrs. Willey came over after me. After we got there all I recollect of hearing Mr. Willey say in the room that the paper I signed was his last will and testament. I don't recollect of hearing him say any thing about me signing as a witness I don't recollect what his position was when I went in I saw him write upon the paper at the time I signed Don't know what it was he wrote. He was setting by the table at the time. I don't recollect Mr. Spencer reading any part of the will. At the time Mr. Willey was writing on the paper Esqr Spencer my brother and myself were present. My brother and Mr. Spencer were present when I signed Mr. Willey signed also. I don't recollect whether Mr. Willey signed before me or not don't recollect of seeing Mr. Spencer sign while I was there. On Cross Examination I had known Mr. Willey seven or eight years before this transaction. It was just across the road where I resided when I first became acquainted with him. Don't know as he had any particular business. I was not very well acquainted with him. Used to see him often had but little conversation with him I don't recollect of having any conversation with him in particular for the next year previous to making the paper. I don't remember of having heard anything about his having a stroke until very lately I don't know as I remember of hearing of his being very sick about a year before this. I never saw him write before this time as I recollect. I know Gordon Hamilton. I believe he married Mrs. Willeys daughter I think her maiden name was {Turner?}. I have known Mrs. Willey seven or eight years. Did not know her before her marriage to Mr. Willey. Think Mr. Hamilton is about 40 years old. I think no one assisted Mr. Willey to sign. We were all standing around the table at the time he signed the will don't recollect of hearing any questions asked while we were in the house. I don't know as he was deaf. I never noticed that he was. I don't recollect of any specific time now of having conversed with him. Don't recollect of hearing him talk any except what I have told. It was early candlelight when Mrs. Willey came after me. She did not state why my brother and myself were requested to go over there. I did not know or expect that we were to be called in to sign his will. I think there was no reason given for asking us to go over there we had business with Mr. Willey and Mr. Hamilton {illegible}. We called. We sometimes made calls social calls. My age is thirty nine. George W. Willey died about the last of October 1852. Andrew Bowen Austin Spencer being sworn says: that I reside in Spencerport Ogden I knew Mr. Willey the deceased I was present at the execution of this paper the will in question. I drew it. I was present and saw George W. Willey sign his name to the will I subscribed my name as a witness on the occasion of the time the two Mr. Bowens were present when he signed. I signed immediately after them don't know but they may have turned to go out before I signed my name. Mr. Willey said it was his last will and testament that was said in presence of the two Mr. Bowens and myself and he said he wished them to sign it as witnesses don't recollect of his asking me to sign as a witness yet he might have done so. Mr. Willey signed the will before the witnesses signed. The attestation clause of will was read before the witnesses signed. I asked him who he would have as witnesses before the witnesses came he said the Mr. Bowens. I don't know as he named them then by that name their names in particular after they came in he requested them to sign as witnesses to said will witness presented the will for probate. I received the will from Mr. Gordon Hamilton it was not out of my possession from the time I received it from him until I delivered it to Surrogate for probate. I had the will before Mr. Willey gave the will to me immediately after it was executed at my request I kept it a few days. I brought it to the city and showed it to counsel and delivered to Mr. Hamilton or Esqr Willey testator. My impression is to Mr. Hamilton to hand to Esqr Willey to testator after that I saw it in his Willeys possession before his death between the death of Mr. Willey and his funeral service I {illegible} the will from Mr. Hamilton. On Cross Examination The conversation between Mr. Willey and myself as to taking the will to Rochester occurred immediately after the will was fully executed. I suggested to him to let me to take the will and take it to Rochester to have it examined by counsel to see if it was a valid will he done so and said he wished I would do so. Nothing was said what was to be done in case counsel pronounced not to be a good will I don't know as Esqr Willey ever had any other will I have heard him speak of another will. This was at the time I was set for to draw the present will and got to the house. I think he did not state by whom that will was drawn. I think he stated who the executor was he stated that Charles Church was the executor or Mr. Church. I believed it as Charles Church. This declaration as to who was the executor was taken subject to objection by counsel in support of will. Question: Did Mr. Willey state to you what had become of that will. Object to overruled Answer: he did not at the time I was set for to draw this will. I resided about a mile and a quarter from Mr. Willey. Gordon Hamilton came after me. The will was drawn in the south room of Esqr Willeys house. I had no written memorandum submitted to me on that occasion. There was not at any time any memorandum handed to or submitted to me containing any hints or suggestions for drawing the will. Never did receive any instructions from any one as to the disposition of any of his property until I got into the room and set down to draw the will. I drew it from his instructions at that time I know Elisha P. Davis. Question: Did you not state at your house since the death of the testator substantially that you did not know what disposition was to be made of the property until you received a written memorandum or instructions containing the proposed the provisions and that such writing was in fact handed to you. A. I did not. I know Jehiel Castle. Q. Did you not say to him on the day the testator was buried when he called upon you to read the will that you had only a copy and that you had not seen the original since it was drawn. Answer: I did not I told him I had a copy which I could read to him if he wished but did not tell him I had not seen the original since it was drawn. Q. Did you not tell him on that occasion that you did not know who had the original. Ans. I did not. Q. When Mr. Hamilton came after you did he tell you what you was wanted for. Ans. He did. Q. Did he tell you anything about the disposition the old gentleman wished to make of his property. Ans. He did not. Q. Did he express to you any wish of his own or expectations? Ans. He did not. Q. Did he tell you what his mother wished or expected? Ans. He did not. Q. At what time of day did you arrive at Mr. Willeys? Ans. I cannot tell certainly but think in the afternoon. Q. Did you have any conversation after you got there with Mrs. Willey or her son about the will? Ans. I did not. Q. Did you ever have any conversation with her respecting making a will or disposition of her husbands property prior to the time you came there to draw the will. Answer. She said something to me relating to that matter from 10 to 15 years ago when she met me in the street she said she had been told that because she had no children she could not hold her things I told her I thought she could this was all she said in substance. Question. Did she never ask you previous to making the will how she could get the most property by will or taking such as the law allowed her. Ans. She did not. Question. Has she since. Answer. She has asked me what her legal rights would be without a will. Question. About what time was that before her husband died or after? Ans. I think she did both before and after. Ques. What did she say? Ans. It is impossible for me to say. Ques. How long have you known Esqr Willey. Ans. About forty five years up to his death. Ques. Do you know of his having a paralytic shock or numbpalsy Ans. I do not. Ques. Have you ever heard that he had. Ans. I have heard today something about it and from what I have heard today I think I have heard something before. Ques. Have you had your pay for drawing that will? Ans. Yes. Esqr Willey paid me a dollar. Ques. Is there any understanding between you and Mrs. Willey or Mr. Hamilton as to your receiving anything from the estate for your service? Ans. I have heard nothing about it. Ques. Were you ever called upon to draw a deed between Esqr Willey and Mr. Hamilton since the making of the will. Ans. I was. The contestant offers to prove by the witness that Mr. Hamilton applied to him to draw a deed from Mr. Willey to Hamilton for lands in this state and that such deed was executed and that no money was paid at the time of execution. Objected to by counsel in support of will on grounds that no deed has been produced. Objection sustained. Contestant offers to read deed. Bears date 7th January 1852 from George W. Willey & wife to Gordon Hamilton for certain lands situate in Ogden 100 acres more or less reserving the {illegible} estate of grantors considerations expressed five thousand dollars. Recorded in Monroe County Clerks office liber 100 page 368. Objected to by counsel in support of will. Objected overruled. Excepted deed read. The deed is the one referred to be me I think it was executed in my presence that is my impression it was not acknowledged in my presence. It was executed in my presence it was at the time it bears date. I think there was no mortgage executed in my presence or money paid Mr. Hamilton was present but think it was not handed over to him. I think Esqr Willey retained it to have it acknowledged. I was not a magistrate at that time. On direct There was a note executed at the time the deed was executed for $1000 by Mr. Hamilton to George W. Willey there was Rail Road Stock Plank Road Stock. My impression $200 of Plank road stock could not say how much R. Road Stock. Claims against Church and Ball. The consideration to be paid was so much claims. Think Mr. Hamilton had against Church and Ball. Plank Road Rail Road Stock note against someone in the neighborhood think Landon was one and now think one against Dr. Smith. Q. What was the amount of all these objected to on the ground that they have no right to show by {illegible} an agreement to pay. Overruled excepted Ans. $1000 besides the $1000 note above mentioned thinks the papers were all left waiting for the acknowledgement of deed. At the time of the conversation with Mr. Castle I had a copy of the will and the original in my desk. Mr. Charles Church is dead he died in Sept 1850. He moved from Ogden in 1847 might have been in 1848 I told Mr. David I knew nothing about the matter until I was called to draw the will. On Cross Examination I knew Mrs. Willey prior to her marriage with Mr. Willey. I understood married some 18 years since. She had two children at the time of her marriage viz: Mrs. Gordon Hamilton and an unmarried daughter. Mr. Willey left six children he had no children by this present widow. Question: What was his reputed condition as to property. Objected to by counsel in support of will. Objection overruled. Ans. From $14,000 to 20,000. He had this real estate some 50 acres of woodland and some 5 acres not embraced in the deed. I don't know what Mrs. Willeys circumstances were at the time of marriage. I have understood that my mother was own cousin to Mrs. Willey. Austin Spencer Gordon Hamilton. I reside in Ogden. I had this will in my possession. I received the will the day I handed it to Mr. Spencer. I received it from Harriet Jones my wifes sister in the dwelling house of deceased think it was on the day of his death. It remained in my possession until I handed it to Mr. Spencer. On Cross Examination The will was handed to me by Mr. Spencer after Mr. Spencer had taken it to Rochester shortly after it was drawn. Esqr Willey requested me to call and get it and I done so and gave it to Esqr Willey. I am forty nine years old. Gordon Hamilton Harriet Jones. I knew Esqr Willey before his death. I lived with him some 18 years at his house. Mrs. Willey is my mother. I delivered this will to Mr. Hamilton by his request I think on the day of Mr. Willeys death. I found the will in a drawer in a bureau. There were two small drawers one in which he kept his money the other his papers. The will was among his paper. The will was in the same state it now is. On Cross Examination I am thirty five years of age. I had seen the will before and read it. The drawer was not locked. Any of the family could have gone and seen the will I did not see it frequently. I never saw my mother or Mr. Hamilton have it I think they did not have access to but don't know They could have had the same access as I did. Mr. Hamilton was not a member of the family. My mother Mr. Willey and myself composed all the family. Mr. Hamilton was at the house every day or two. My mothers age is seventy two. Mr. Hamilton was not in the habit of going to Mr. Willeys desk to my knowledge never saw him meddle with any of his papers. Harriet Jones The foregoing depositions were taken down by me after the witnesses were duly sworn and carefully read over to them before signing. D. G. Stuart Surrogate December 17th 1852 Adjourned to 10th Jan. 1853 at two o'clock P.M. Parties met and adj to 11 or {illegible} 10 oclock. D.G. Stuart Surrogate Monroe County Ss: A True Record of the will of George W. Willey late of the town of Ogden in the county of Monroe aforesaid deceased and the proceedings proof and examination had and taken on admitting said will to probate and Record as a will of Real and Personal Estate. Recorded and Examined January 17th, 1853 D. G. Stuart Surrogate Whereas George W. Willey late of Ogden in the county of Monroe and State of New York deceased by his last will and testament bearing date November 21st 1849 made a disposition of his worldly estate according to the terms and provisions of said will and whereas the said will has been presented to the Surrogate of Monroe County for probate and Record as a will of real and personal estate according to Statute and the parties of the Second part hereinafter named have appeased to contest the said will the execution whereof has been duly proved and whereas also in order to avoid any and all controversy or controversies amongst those interested the parties hereto have made a full and satisfactory adjustment of all disputed questions among them. Now therefore with a view to dispose of the estate left by said George W. Willey this agreement made this fourteenth day of January 1853 by and between Cynthia Willey widow and relict of the said George W. Willey deceased of Ogden aforesaid party of the first part and Elisha P. Davis and Fanny Davis his wife, Jehiel Castle husband of Nancy Castle one of the heirs at law of said George W. Willey. Erastus Tarbox husband of Clarissa Tarbox a daughter of Julius Willey who is a son of said George W. Willey and who is now deceased. Robert B. Smith husband of Laura Willey another daughter of Julius Willey deceased. Julius C. Willey a son of Julius Willey deceased. William Willey a son of Justin Willey deceased who is a son of said George W. Willey deceased being a part of the heirs at law of said George W. Willey and the husbands of such of them as are married parties of the second part. Witnesseth- 1st. The said parties of the second part on their own behalf and the behalf of all persons interested in the estate of the said George W. Willey deceased to contest the said will or any of its provisions in consideration of the {illegible} and of divers other good and valuable consideration do hereby consent and agree to and with the party of the party of the first part to withdraw and do hereby withdraw all opposition to the proof of the same and the record thereof as a will of real and personal estate and do authorize and request the Surrogate of Monroe County to record the same as a will duly proved without opposition and they do for themselves their heirs executors administrators and assigns jointly and severally agree to indemnify and save the party of the first part harmless and fully protected against the claim of any and all persons interested in said estate or any part thereof in opposition to said will or inconsistent with the provisions of this agreement of and from all troubles liability damages and costs by reason thereof. 2nd The said party of the first part shall and may have and keep to the use and benefit of herself her executors administrators and assigns forever as her individual property all the personal property in and around the house consisting of wearing apparel household furniture including beds and bedding books and maps family pictures and one Top Buggy two cows one old Buggy and one old cutter and also one equal third part of all the other rest and residue of the personal estate and property of the said George W. Willey of every name kind and nature. But it is expressly agreed that as a part of her distributive share of the said personal estate the said party of the first part shall and will take a note for $1000 made by Gordon Hamilton bearing date January 7th 1852 payable to said George W. Willey or order eighteen months after the decease of said George W. Willey and his said wife without interest as and for one thousand dollars and not for any less sum and that it may be inventoried as against her at the said sum of one thousand dollars. 3rd. It is further agreed that the said party of the first part shall have and hold to herself her heirs executors administrators and assigns absolutely and forever in fee simple twenty acres of land in the town of Ogden aforesaid to be taken off of the East part of a certain wood lot of the said George W. Willey deceased being part of lot No. 111 in said town and bounded North East and South by lines of said lot 111 and West by a line parallel to the East line thereof and so far distant therefrom as to include said quantity of twenty acres of land. 4th. The legacies given and bequeathed in and by the aforesaid will shall each and every of them be fully paid and satisfied according to the directions in the said will contained except nevertheless that the provisions in this agreement contained in behalf of the party of the first part are accepted and received in lieu and in full satisfaction of the bequests and devises to herein said will contained. 5th. After paying and satisfying and allowing the share and sums to be paid and allowed the party of the first part as herein before {illegible} and also after paying and satisfying the said legacies according to the fourth article then the parties to these presents hereby covenant and agree to and with each other and their several and respective heirs executors administrators and assigns that all the remainder rest and residue of the estate of the said George W. Willey deceased real and personal shall be divided distributed and owned as follows that is to say the heirs at law of the said George W. Willey shall have and hold to their several and respective use and benefit and to their heirs and assigns forever in fee simple all the remainder and residue of the real estate of the said George W. Willey deceased not hereinbefore set off to the said party of the first part of the east subdivision of said lot number 111 and about six acres of land in Ogden aforesaid being the Northwest corner of town lot No. eighty two in the town of Ogden aforesaid owned by the said George W. Willey at the time of his decease. It is expressly agreed that all the rights of the party of the first part acquired or saved or reserved in and by the deed executed by the said George W. Willey to the said Gordon Hamilton bearing date January 7th 1852 and recorded in Monroe County in Liber 100 of Deeds page 368 are fully established satisfied and preserved to her and the said party of the first part in consideration of the premises and of one dollar to her in hand paid doth hereby release and quit claim to the heirs at law of the said George W. Willey deceased all and singular the said real estate of the said George W. Willey deceased above described or referred to as intended for them according to their respective interest therein as such heirs at law. And that the request and the proper charges and cost of the said heirs at law she will execute at any reasonable time any quit claim deed or deeds to carry out the true interest and meaning of this agreement anything in the said will to the contrary notwithstanding. The said personal property of the said George W. Willey decd deducting therefrom the share of the party of the first part hereinbefore provided and the sums necessary to pay the legacies referred to in the fourth articles thereof and the costs and expenses of the settlement and distribution of the estate of the said George W. Willey decd shall be divided and distributed as follows viz: One third part thereof to the party of the first part in her own right absolutely and forever and the remaining two thirds thereof to the said heirs at law of the said George W. Willey decd according to their respective rights as heirs at law anything in said will contained to the contrary notwithstanding. It is hereby expressed agreed that the provisions of the agreement are in lieu of and as substitute for the provisions of the said will and the rights of the respective parties and all interested ins aid estate as devises legatees heirs at law or otherwise howsoever the executors in said will named are hereby authorized and directed to distribute and dispose of and settle the estate of the said George W. Willey decd according to the terms and true intent of this agreement and not according to said will and for so doing this agreement shall be their full and sufficient warrant authority and voucher. And the parties hereto covenant and agree fully to protect and indemnify them therefore and it is agreed that such executors shall be entitled to their costs and expenses fees and commission according to law as upon a distribution and settlement of the estate by virtue of the will. And whereas the said Gordon Hamilton gave said not of $1000 in the 2nd article of this agreement mentioned as a part of the consideration of the purchase of the said farm described in the before mentioned deed to him and has released certain rights acquired by him on said purchase Now therefore in consideration thereof and for other valuable considerations the parties of the second part as to themselves and all the other heirs at law of the said George W. Willey decd do hereby confirm and establish his title thereto according to said deed and covenant and agree fully to indemnify and save him harmless forever against any claim thereto made or to be made by or on account of any heirs at law of said George W. Willey decd and all costs liability damage and troubles by reason thereof. The taxable costs and expenses before the Surrogate on both sides shall be chargeable to the estate the surrogate is requested and authorized to record this agreement. In witness whereof the parties hereto have interchangeably set their hands and seals hereto the said Gordon Hamilton signing this agreement in token of the acceptance of the covenant therein. Signed Sealed and delivered In presence of J.D. Husbands J. L. Requa Cynthia Willey L.S. E. P. Davis L.S. Fanny Davis L.S. Jehiel Castle L.S. Erastus Tarbox L.S. Robert B. Smith L.S. Julius C. Willey L.S. William Willey L.S. Gordon Hamilton L.S. State of New York Monroe County Ss: On this 17th day of January 1853 Before me a Justice of the Peace in and for the County aforesaid appeared John L. Requa and Joseph D. Husbands to me known who being duly sworn said that they know Cynthia Willey, Elisha P. Davis, Jehiel Castle, Erastus Tarbox, Robert B. Smith, Julius C. Willey, William Willey and Gordon Hamilton the individual described in and who executed the foregoing instrument that they saw each and all of them execute the said instrument and that they became subscribing witnesses thereto and that the reside in the city of Rochester. D.G. Stuart J.P. Recorded and Examined the 17th day of January 1853 D.G. Stuart Surrogate