WILL: Henry Ball; Ogden, Monroe co., New York
surname: Ball, Upson, Church, Denison, Chillison

submitted by Susan Tyson (teetyson at mindspring.com)
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Source: Monroe co NY Will Book Vol 6 page 83
Written: 6 Nov 1854
Probated: 21 Nov 1854

Will of Henry Ball

Monroe County Record of Wills, Volume 6, pages 83-86

The Last Will and Testament of Henry Ball of the Town of Ogden, County of
Monroe and State of New York:

I, Henry Ball, considering the uncertainty of this mortal life, 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 brother John N. Ball one equal half part in
value of my interest in a certain building lot in the city of Buffalo, state
of New York, lying and being on the west side of Pearl Street, being the same
premises which was conveyed sometime in the year eighteen hundred and
fifty-four to myself and Charles Church by R Nelson on condition of his (xxx
N. Ball) paying one equal fourth part of the whole purchase money and expenses
of procuring said lot and also one fourth least of all additional expenses
which may accrue in any way whatsoever - together with the annual interest on
the same untill said one fourth part is fully paid.

Second, I authorise my executors hereinafter named - to purchase on equal
third part in value of the Lot of Land, on which my father, Joseph Ball now
resides in the town of Ogden, County of Monroe - at the discretion of my said
Executors for the benefit of my said Father and Mother during their natural
lives of both or either of theirs, the use of which I hereby will my said
parents free of charge, provided further that if said Lot of Land cannot be
purchased, I further authorise my said Executors to appropriate a sum equal to
one third of the value of said lot above named to aid in procuring a suitable
place for the residence of my said parents as above.

Third, I hereby give, devise, and bequeath unto my beloved wife Amanda Ball
and unto my two sons Conway and Henry - all the rest and residue of my
property both real and personal whatsoever according to the laws of the state
of New York which bequest to my said wife is in lieu of her dower right.

And lastly, I hereby appoint my said wife, Amanda Ball, Executrix and Edward
H. Ball, Charles Church, and John N. Ball, and John W. Denison executors of
this my last will and testament hereby revoking all forms wills by me made.
And I further authorise and empower my said executors and executrix or a
majority of these to sell and dispose of all or any part of my real estate at
their discretion and execute all conveyances necessary and proper therefor and
all other writings necessary for the transaction of said business as fully as
I myself could do were I living.

In witness whereof hereby set my hand and seal the sixth day of November 1854
one thousand eight hundred and fifty four. {Signed Henry Ball}

The above instrument consisting of one sheet was now here subscribed by Henry
Ball the testator in the presence of each of us and was at the same time by
him to be his last will and testament and we at his request sign our names
hereto as attesting witnesses. {Signed George A. Upson, Ogden Monroe County
and signed Catherine S. Chillison, Ogden Monroe County}

State of New York, Monroe County: Be it remembered that at a Surrogate Court
held at Rochester in and for the County of Monroe on the 21 day of November
1854 before Deaton G Stuart, Surrogate of the said county the last will and
testament of Henry Ball late of the town of Ogden in the county of Monroe
aforesaid deceased of which the preceding record of will is in true copy was
duly proved and admitted to probate as a will of real and personal estate
after citation for that purpose had been duly reviewed and the xxx consent of
all the heirs at law having been taken and filed for the immediate proof
according to law 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 Henry
Ball, deceased:

George A. Upson and Catherine S. Chillison of the town of Ogden in the county
of Monroe aforesaid being duly sworn do depose and say that they are
subscribing witnesses to the last will and testament of Henry ball, late of
the town of Ogden in the county of Monroe aforesaid, deceased. And these
deponents further say that the said Henry Ball the said testator did in the
presence of these deponents subscribe his name at the end of the instrument
which is now shown and exhibited to these deponents which purports to be the
last will and testament of the said Henry Ball and which bears date on the
sixth day of November in the year of our Lord one thousand eight hundred and
fifty four. And these deponents further say that the said testator did at the
said time of subscribing his name as aforesaid at the end of the said will
declare he said instrument so subscribed and now exhibited as his last will
and testament and these deponents 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 these deponents further say that at the said
time when the said testator subscribed his name to the said last will as
aforesaid and at the time of these deponents subscribing their names as
attesting witnesses thereto as aforesaid the said testator was of sound mind
and memory of full age to execute a will and was not under any real xxx. And
that the said will was appxx in all respects as when so executor without any
alterations whatsoever. {Signed G.A. Upson} subscribed and sworn this 21 day
of November 1854 before me D.G. Stuart, Surrogate of Monroe County

Monroe County: A true record of the will of Henry Ball, late of the town of
Ogden, Monroe County, New York, deceased and the proof proceeding and the
excxx?xution had and taken on admitting said will to probate and record as a
will of real and personal estate. Recorded and excessioned November 21 1854
{signed D.G. Stuart, Surrogate}