DAVID COMSTOCK WILL, ONEIDA COUNTY, NEW YORK

Copyright (c) 2002 by W. David Samuelsen (dsam@sampubco.com).

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Oneida County, NY Will Books Vol. 7 page 379

The Last Will & Testament of David Comstock of the town of Kirkland, County of
Oneida and State of New York.

I, David Comstock considering the uncertainty of this mortal life and being of
sound mind &, memory, blessed be Almighty God for the same do make & publish
this my said Will & testament in manner & form following that is to say.

First, I commit my soul into the hands of God who gave it hoping through the
mediation & death of the savior of the world a resurrection with the just, and
as touching the worldly Estate wherewith God has blessed me (after the payment
of my funeral charges & all my just debts by my Executors hereinafter
mentioned) I give and devise to my son William Comstock one equal undivided
fifth part of all my messuages lands & tenements situated in the said town of
Kirkland in the County & State aforesaid being two pieces parcels or tracts of
land the whole into five equal part to be divided.

The first being my homestead on which I reside in lot number seven in the
sixth grand division of the township formerly called Corolana containing by
estimation one hundred & fifty three acres be the same more or less.

The second piece being the westerly part of two hundred & forty five acres
conveyed by John S. Kirkland to Jacob Hungerford, Isaac Williams, Warren
Sherwood, Joel Bristol Potts, Wylly & David Comstock the testator situated on
the Hill west of Hamilton College containing eighty one acres be the same more
or less to hold to him the said William Comstock his heir and assigns forever. 

Likewise I give and devise to my son Samuel Comstock his heirs and assigns one
other equal undivided fifth part of all my said messuages, lands & tenements,
before mentioned & described to hold to him the said Samuel Comstock his heirs
and assigns forever having before this time conveyed to him & his heirs by
gift a piece of woodland lying East of the highway running through my said
farm containing seven or eight acres or the same more or less. He & his family
having also enjoyed the privilege of living with me & deserving their support
from my said farm all which I consider would compensate him for his labor and
services in my behalf.

Likewise I give & devise to my son Clark M. Comstock his heirs and assigns one
other equal undivided fifth part of all my said lands messuages & tenements
before mentioned & described to hold to him the said Clark M. Comstock his
heirs and assigns forever.

Likewise I give & devise to my son Charles Comstock his heirs and assigns one
other equal undivided fifth part of all my said lands & tenements before
mentioned & described to hold to him the said Charles Comstock his heirs and
assigns forever.

Likewise I hereby give & devise to my grandchildren Charles & Mary Irene,
children of my son Philander Comstock deceased the other remaining equal
individed firth part, of all my said messuages lands and tenements, before
mentionted & described to hold to them the said Charles & Mary Irene my
grandchildren aforesaid the heirs and assigns forever.

Furhter in case my personal estate shall be insufficient, to pay all my debts
then I hereby order & direct my Executors hereinafter named to sell so much of
my Real Estate aforesaid as may be sufficient to pay the deficiency.

Lastly, I hereby constitute & appoint my said son Samuel Comstock, Gould
Benedict and Jesse Curtis of the town of Kirkland aforesaid Executors of this
my Last Will & Testament hereby Revoking all former will by me made.

In witness whereof I have hereunto set my hand and seal the Eighteenth day of
June in the year of our Lord one thousand eight hundred and forty one.

David Comstock (seal)

Signed sealed published & declared by the above named David Comstock to be his
last Will & Testament in the presence of us who have hereunto subscribed our
names as witnesses in the presence of the Testator and at his request.

Attest:
John Fort
Clark Wood
Charles Avery
of the town of Kirkland and County of Oneida.

State of New York
Oneida County ss:

I, John Stryker, Surrogate of the County of Oneida do hereby certify the
foregoing to be the record of the Last Will & Testament of David Comstock
deceased and the proofs and examinations taken thereon.

John Stryker, Stryker.