WILL: John Brewer; Wilson, Niagara co., NY
surname: Brewer, Pratt, Axtell, Taylor

submitted by Richard D. Brewer (cpeters2 @ san.rr.com)
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Transcribed SAMPUBCO copy by Richard D. Brewer 
Niagara County, New York, Will Book Vol 5, Page 277

Be it remembered that heretofore to wit on the 30th day of March AD 1853 David
Brewer & John Brewer the executors named in the last Will and Testament of
John Brewer is late of the town Wilson in the County of Niagara in the state
of New York deceased appeared in open court before Thomas M. Webster Surrogate
of the said County at Lockport and made application to have the said Will
which related to both real and personal  estate admitted to probate and on
said application the said  surrogate did ascertain by satisfactory evidence
that said deceased left no widow and who were the heirs and next of kin of
said deceased and their respective places of residence. And some of them
appearing to be minors the said Surrogate  did appoint a special guardian to
take care of their interests in said matter. It also appearing that said
minors had no general guardians residing in this state.  And said Surrogate
did also issue a citation in due form directed to the said heirs next of kin &
special guardian by their respective names and stating their respective places
of residence requiring them to appear before the said Surrogate at his office
in Lockport in said County on the 11th day of May thereafter at 9 oclock AM.
to attend the probate of said instrument and afterwards, to wit on the said
11th day of May, satisfactory evidence by affidavit was presented to said
surrogate of the due service of the said citation on the several kindred to
whom the same was directed and on that day the said applicant and the said
special guardian appeared & no one appearing to oppose the probate of such
Will, such proceeding were thereafter on the same day had that said surrogate
(take?) the proof of the Will hereinafter set forth and he adjudges the said
will to be a valid will of real and personal estate and the proofs thereof to
be sufficient which said Will and proofs are as follows

Will

     The last will & testament of John Brewer of the town of Wilson County of
Niagara & State of New York
     I John Brewer Considering the uncertainty of this mortal life & being of
sound mind & memory (blessed be almighty God for the same) do make and publish
this my last will & testament in manner & form following.  That is to say 
That my real estate situated lying & being in the town of Wilson County of
Niagara & State of New York (appraised at one thousand eight hundred dollars)
together with all my personal property (after all debts & necessary expenses
have been discharged. Shall be equally divided among my eldest son Peter
Brewer my eldest Daughter Elizabeth Lovell my two youngest sons David Brewer &
John Brewer my three younger Daughters Fanny Pratt Mary Axtell Harriett Taylor
and the heirs of my son Philip Brewer deceased such division to be made within
one year after my decease 
     And lastly I hereby appoint my two younger sons David Brewer & John
Brewer sole executors of this my last will & testament
     In witness whereof I have set my hand and seal the twenty fifth day of
October in the year of our lord one thousand eight hundred & fortynine
               John Brewer {LS}

The above instrument consisting of one sheet was now here subscribed by John
Brewer the testator in the presence of each of us and was at the same time
declared by him to be his last will & testament and we at his request sign our
names (hereto?) as attesting witnesses
     Benjamine Nelson Residing in Wilson Niagara County
     Gordon Meach residing in Wilson Niagara County

     Gordon Meach & Benjamine Nelson being sworn depose & say & each for
himself says  that he was acquainted with John Brewer late of the town of
Wilson in the county of Niagara now deceased for about fifteen years next
before his death that deponents are the subscribing witnesses to the
instrument in writing here produced to deponents dated 25th day of October
A.D. 1849 & purporting to be the last will & testament of the said deceased
that the said deceased signed the said instrument at the house of the deponent
Gordon Meach in the said town of Wilson and at or about the time of the said
date thereof in the presence of deponents and at the same time & in the same
presence declared the same to be his last will & testament and requested
deponents to sign the same as such witnesses.  Whereupon deponents did in
pursuance of such request and in presence of the said deceased & of each other
sign the same as such witnesses & that the signature Benjamine Nelson & Gordon
Meach now appearing thereon are the signatures then written by the deponents
as such witnesses respectively.  Deponents further say that the said deceased
did not on the occasion of the said execution of said instrument manifest any
appearances or evidences of any unsoundness or derangement of mind nor was
there any appearence of compulsion or restraint upon the said deceased that
deponent observed or heard of and deponent believe that said deceased was at
the time of the said execution of said instrument of sound mind and he acted
therein understandingly & freely & voluntarily 

Sworn before me this 14th day of May 1853
Thomas M. Webster                       Benjamine Nelson
Surrogate                          Gordon Meach

     State of New York Niagara County (ss?)  
Recorded the preceeding last Will & Testament of John Brewer deceased as a
will of real & personal estate together with the proofs taken in the Court of
the surrogate of the County of Niagara relating to the said last will &
testament which record is hereby signed & certified by me pursuant to the
Statute in such case made and provided this 14th day of May 1853
     Tho. M. Webster
     Surrogate