WILL: Silvanus Willobee; Charleston, Montgomery co., NY surname: Willobee, Porter, Ford, Wells, Bell submitted by John Sprowl (sprowl at pacbell.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: February 22, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 7.6 Kb ************************************************ Source: Sampubco.com Montgomery co NY Will Book Vol. 6 page 469 Written: June 8, 1830 Recorded: October 3, 1842 transcribed by John Sprowl from SAMPUBCO photocopy Last will and testament of Silvanus Willobee In the name of God, Amen, The eighth day of June in the year of our Lord, one thousand eight-hundred and thirty, I Silvanus Willobee, of the town of Charleston in the County of Montgomery State of New York. Farmer, being weak of body but of sound mind and memory do make this my last will and testament at the same time utterly revoking all former wills made by me, declaring this to be my last will and testament. First I give and bequeath to my true, lawful, and well beloved wife Permela Willobee all my estate both real and personal during the continuance of her natural life To have, hold, occupy and enjoy the same during the continuance thereof. At her death it is my further will and pleasure that my estate if any should remain at the decease of my wife Permela, should be equally divided between my children /viz/ Wealthy Porter, John T. Willobee, Abigail Ford, William E. Willobee, Rachel Willobee, Warren Willobee, and Silvanus Willobee, after paying to John T. Willobee or his heirs, or assigns at the decease of my wife Permela, the sum of fifty dollars as payment in full for monies borrowed of him by me and the further sum of sixteen dollars in payment - full for sixteen sheep that I have in my possession belonging to Abigail Ford, to be paid for at the death of my wife to the said Abigail or her heirs, or assigns. The said Rachel Willobee to have a home with her mother until she should be married or until the death of her mother, Permela Willobee. The two youngest boys /viz/ Warren and Silvanus ,I wish to have live at home with their mother until they arrive at the age of twenty one years respectively. I do appoint my wife Permela Willobee executrix and William E. Willobee and Robert Wells my executors, both of whom are farmers of the town of Charleston in said county of this my last will and testament to which I have here unto set my hand and seal this eight day of June in the year of our Lord one thousand eight hundred and thirty. Signed, sealed, acknowledged, and delivered in the presence of us, the words for his heirs or assigns between the 9th and 10th line from bottom on the opposite page interlined before signed George Davis of Charleston in the County of Montomery, State of New York. I wrote his name at his request, and witnessed the execution of the testator, Rowland Bell of Charleston in the County of Montgomery, State of New York. Henry Bell of Charleston in the County of Montgomery, State of New York. Probate of Last Will and Testament of Silvanus Willobee State of New York, Montgomery County SS. Be it remembered that at a Surrogates Court, held for the County of Montgomery, at the Surrogate's office, in the village of Fonda before Richard H. Cushney, Surrogate of the said county on this third day of October in the year of our Lord one thousand and eight hundred and forty two the last will and testament of Silvanus Willobee, late of the said County, deceased (a copy whereof is here unto annexed ) was admitted to probate, by the said Surrogate, after a citation to widow, heirs and next of kin to the said deceased issued, served, returned, and filed according to law satisfactory proof having first been made of the circumstances of the delivery and possession of the said will and also of the execution thereof by the depositions of Rowland Bell and Henry Bell subscribing witnesses to the said will, copies of which deposition are also here unto annexed. Where upon I, the said Surrogate upon the proof aforsaid being satisfied of the genuiness and validity of the said will, order that the same be admitted to probate and that letters testamentary theiron be granted. In testimony whereof I the said Surrogate have here unto set my hand and affixed the seal of my office done at the village of Fonda afore said the day and year first afore said. Richard H. Cushney, Surrogate Montgomery County Surrogates Court, On the matter of the probate of the will of Silvanus Willobee deceased which will relate to both the real and personal estate. Rowland Bell of the town of Charleston in the County of Montgomery being first duly sworn deponeth and with that he saw the said Silvanus Willobee deceased seal and execute the instrument now shown unto him this deponent which said instrument purports to be the last will and testament of the said Silvanus Willobee deceased and bears date the eighth day of June in the year of our Lord one thousand eight-hundred and thirty that he heard the said Silvanus Willobee publish and declare the same as for his last will and testament. That at the time there of the said Silvanus Willobee was of sound and disposing mind, memory and understanding, of full age and not under any restraint to the best of his knowledge and belief and that he did subscribe his name to said will as a witness to the execution thereof in the presence of and at the request of the said testator and that he at the same time saw George Davis and Henry Bell the other witnesses to said will subscribe the names there to as witnesses to the execution thereof in presence of and at the request of the said testator. Richard Bell. Subscribed and sworn to before me the 3rd day of October 1842 Richard H. Cushney Surrogate. Montgomery County Surrogates Court On the matter of the probate of the will of Silvanus Willobee deceased which will relate to both real and personal estate, Henry Bell of the town of Charleston in the County of Montgomery being first duly sworn, deposeth and said that he saw the said Silvanus Willobee, deceased, seal and execute the instrument now shown unto him this deponent which said instrument purports to be the last will and testament of the said Silvanus Willobee deceased and bears date the eighth day of June in the year of our Lord one thousand eight hundred and thirty, that he heard the said Silvanus Willobee publish and declare the same as and for his last will and testament . That at the time thereof the said Silvanus Willobee was of sound and disposing mind, memory and understanding, of full age and not under any restraint to the best of his knowledge and belief and that he did subscribe his name to said will as a witness to the execution thereof in the presence of and at the request of the said testator and that he at the same time saw George Davis and Rowland Bell the other witnesses to said will subscribe their names thereto as witnesses to the execution theirof in presence of and at the request of the said testator. Henry Bell Subscribed and swore to before me the 3rd day of October 1842. Richard H. Cushney Surrogate. I Richard H. Cushney Surrogate of the County of Montgomery do hereby certify that the foregoing are true copies of the last will and testament and of the probate proofs thereof of Silvanus Willobee, deceased. Registered the 3rd day of October 1842 Richard H Cushney Surrogate