WILL: David Gould; Cambria, Niagara co., NY
surname: Gould, Flanders

submitted by Diane Bruce (Dbruce10 @ aol.com)
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http://www.usgwarchives.org/ny/nyfiles.htm
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Transcribed from SAMPUBCO copy by Diane Bruce
Niagara County, NY 
Will Book Volume 23, page 307
Surnames: Gould, Flanders 

                 NIAGARA COUNTY SURROGATE'S COURT

Last Will and Testament of)    
David Gould (handwritten) )  
        Deceased.)


Be it Remembered that heretofore, to wit: on the 1st day of March in the year
of our Lord one thousand eight hundred and eighty Thomas Root, the Executor
named in the Last Will and Testament of David Gould late of the Town of
Cambria in the County of Niagara deceased, appeared in open Court, before the
Surrogate of the County of Niagara, and made application to have the said Last
Will and Testament which relates to both Real and Personal Estate, proved: and
on such application the said Surrogate did ascertain by satisfactory evidence
who were the widow heirs at law and next of kin of the said Testator, and
their respective residences, and said Surrogate did thereupon issue a Citation
in due form of law, directed to the widow, heirs at law and next of kin of
said deceased, by their respective names, stating their respective places of
residence, requiring them to appear before said Surrogate, at his office in
the City of Lockport, in said County, on the 22nd day of March, A.D., 1880, to
attend the probate of said Will.

And afterwards, to-wit: on the 22nd day of March A. D., 1880, satisfactory
evidence by affidavit was produced and presented to said Surrogate, of the due
service of said Citation in the mode prescribed by law, and on that day said
Executor appeared and no one appearing to oppose this matter was held open
until March 29th, 1880, when said Executor appeared and no one appearing to
oppose the Probate of such Will, such proceedings were thereupon had in said
Court, afterwards, that said Surrogate took the proofs of said Will,
hereinafter set forth, upon this 29th day of March, 1880, and he thereupon
adjudged the said Will to be a valid Will of Real and Personal Estate, and the
proofs thereof to be sufficient, which said Last Will and Testament and proofs
are as follows, that is to say: 

                              "WILL"

The Last Will and Testament of David Gould of the Town of Cambria in the
County of Niagara and State of New York -

     I David Gould of the age of seventy-seven years and upwards being of
sound mind and memory do hereby make, ordain, publish and declare this to be
my Last Will and Testament, that is to say -

     First: I direct all my lawful debts, funeral expenses and charges of
administration to be fully paid;

    Second: Should my wife survive me I give, bequeath and devise the use of
all my property and estate real and personal of every kind wherever to my said
wife for and during her natural life and direct that while she shall live that
each of my three unmarried daughters Anna Maria Gould, Ellen L. Gould and
Alice E. Gould shall have a home and support with her on my farm in said Town
of Cambria, as now, so long as they severally remain unmarried; and upon the
death of my said wife I give to my said three daughters and Mary Jane
Flanders, my other daughter, my household furniture and household effects that
may then remain, to be equally divided between them; and it is my intention
that my said four daughters shall have said household furniture and effects on
my death should my said wife not survive me;

     Third: All the rest residue and remainder of my property and estate real
and personal of every kind, I give, bequeath and devise to my said four
daughters and my five sons John B. Gould, George F. Gould, Lyman A. Gould,
Franklin D. Gould, and Willis D. Gould, their heirs and assigns to be divided
between them as follows:

     My three sons John B. Gould, Franklin D. Gould and Willis D. Gould are
each first to be charged the sum of $2,000.00, as and for an advancement by me
to them severally in my lifetime; and my son Lyman A. Gould is first to be
charged the sum of $700.00 as said for an advancement as aforesaid; and my son
George F. Gould is first to be charged the sum of $500.00 as and for an
advancement as aforesaid; and my daughter Mary Jane Flanders is first to be
charged the sum of $l,700.00 as for an advancement as aforesaid; and for the
purpose of effectuating my intentions in this gift and devise of my property
to my said children as aforesaid and the just and equal division of the same
or the proceeds of the same between them, first charging those above named, as
aforesaid.  I hereby direct my executor hereinafter named to sell my said
property, real and personal after the death of my said wife should she survive
me, and if not, then after my death, and divide the proceeds among my said
children as herein directed.

     My executor shall not be bound to sell my real estate until three years
after the death of my said wife, in case she does not survive me until three
years after my death; and I authorize and empower my said executor to sell my
said real estate for cash or partly for cash and partly on credit as he may
think most advantageous to my estate, and until said real estate is sold as
herein directed I hereby authorize and empower my said executor to receive the
rents, issues and profits of the same and after paying taxes, insurance and
other necessary expenses and charges on the same to divide said rents, issues
and profits between my said children as hereinbefore directed.

     Likewise I make constitute and appoint Thomas Root of the Town of Cambria
in the County of Niagara and State of New York to be the executor of this my
Last Will and Testament, hereby revoking all former wills by me made.

     In Witness Whereof, I have hereunto subscribed my name and affixed my
seal the thirty-first day of January in the year of our Lord on thousand eight
hundred and eighty -

                                                                               
  David Gould (Seal)

    The above written instrument was subscribed by said David Gould in our
presence, and acknowledged by him to each of us; and he at the same time
declared the above instrument so subscribed by him to be his Last Will and
Testament; and we at his request have signed our names as witnesses hereto in
his presence and the presence of each other; and written opposite our names
our respective places of residence.
M. M. Southworth residing in the City of Lockport, NY
Homer Scott residing in Cambria, NY

Surrogate's Court

In the Matter of Proving the Last Will and Testament
                                  Of
David Gould
                  Deceased.

Niagara County, ss.
Mortimer M. Southworth and Homer Scott being first duly sworn, in open Court
upon their several corporeal oaths, each for himself doth depose and say, that
he is a subscribing witness to the last Will and Testament of David Gould late
of the Town of Cambria in the County of Niagara and State of New York,
deceased.  And these deponents do further say, that the said deceased did, in
the presence of each of these deponents, subscribe his name at the end of the
instrument in writing, which is now here shown to these deponents, and which
purports to be the last Will and Testament of the said deceased, and which
bears date on the 31st day of January one thousand eight hundred and eighty. 
That the said deceased did, at the time of subscribing his name to the said
instrument aforesaid, declare the same to be his last Will and Testament: and
these deponents did thereupon subscribe their own respective names at the end
of said instrument, as attesting witnesses to the execution thereof, each at
the request of the said deceased, and in his presence, and in 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
upwards of twenty-one years of age, and a citizen of the United States; that
he appeared to be, and deponents believe he 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 the said
deceased.
Taken, subscribed and sworn to before me, this 29th day of March 1880          

M. M. Southworth
Homer Scott
Geo. P. Oshrander, Surrogate

Niagara County, ss.
It appearing upon the proofs duly taken in respect to the Last Will and
Testament of David Gould late of the Town of Cambria in the County of Niagara,
and State of New York, deceased, that the said Will was duly executed, and
that the said deceased, at the time he 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 Revised Statutes, this
29th day of March 1880.
                                              George P. Ostrander, Surrogate