WILL: David Wiles; Lysander, Onondaga co., NY surname: Wiles, Willes, Erskine, Alden, Adsit submitted by Lynne Orvis (lynneo at prodigy.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: February 3, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 11.9 Kb ************************************************ Source: Sampubco.com Onondaga Co NY Will Book Vol. N page 491 Written: March 10, 1866 Recorded: February 8, 1867 Transcribed from SAMPUBCO copy by Lynne M. Orvis At a Surrogates Court held in and for the county of Onondaga at the Surrogates office in the City of Syracuse on the eighth day of February in the year of our Lord one thousand eight hundred and sixty seven. Present DeWitt C. Greenfield Surrogate. In the matter of forming The last Will and Testament of David Wiles Deceased Onondaga County Be it Remembered. That on this Eight day of February A.D. 1867. Hannah Wiles, Phineas H. Wiles and David Munn Wiles voluntarily appeared in Court and presented their joint petition by which it appeared that David Wiles late of the tow of Lysander in the county of Onondaga. Died leaving a last Will and Testament and Codicil thereto, that said Hannah was the widow and that said Phineas H. Willes and David Monn Wiles severally of full age were the only heirs at low and next of kin of said deceased and praying that the said last Will and Testament and Codicil thereto be immediately proved and admitted to probate and record as a will of real and personal estate which said petition is now on file in the office of said Surrogate and thereupon the last Will and Testament and Codicil thereto of the said David Wiles deceased with the proofs thereof were produced and are as follows to wit: In the name of God Amen. I David Wiles, of the town of Lysander, the county of Onondaga and State of New York of the age of sixty nine years and being of sound mind and memory do make publish and declare this my last will and testament in manner following that is to say ---- First I give devise and bequeath to my wife Hannah Wiles all my real and personal estate of what nature or kind so ever to be used and enjoyed by her during the term of her natural life (the same do accepted and received by her in lieu of dower) and from and immediately after her decease I give devise and bequeath the same to my sons Phineas H. Wiles and David Munn Wiles to be divided between them equally share and share alike subject to the payment of this legacy hereinafter bequeathed to Louisa Erskine. Second I give and bequeath to Louisa Erskine wife of Abner Erskine the sum of two hundred dollars payable within one year after the decease of my said wife. And Lastly I do hereby nominate and appoint my said Wife Hannah Wiles to be Executrix and my said son Phineas H. Wiles to be the Executer of this my last Will and testament hereby revoking all former wills by me and ------ In witness whereof I have hereunto set my hand and seal this tenth day of March in the year of our Lord one Thousand eight hundred and sixty six, s/s David Wiles The foregoing instrument was at the date thereof signed sealed published and declared by the said David Wiles as and for his last Will and testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witness thereto ----- Nathaniel M. White residing at Baldwinsville, N.Y. R. D. Pettit Wereas I David Wiles of the town of Lysander in the county of (Onondaga and State of New York have made my last Will and testament in writing bearing date the tenth day of March 1866 in and by which I have given devised and bequeathed unto my wife Hannah Wiles all my real and personal Estate to be used and enjoyed by her during the time of her natural life. The same to be accepted by her in lieu of dower and from and immediately after her decease I have given devised and bequeathed the same to my sons Phineas H. Wiles and David Munn Wiles to be divided between them equally share and share alike subject to the payment of a legacy to Louisa Erskine . Now therefore I do by this my writing which I hereby declare to be a Codicil to my said last will and testament and to be taken as a part thereof order and declare that my will is that my said wife may use and enjoy my said real and personal Estate during the term of her natural live or so long as she shall remain my widow and unmarried and from and immediately after her decease or from and immediately after her marriage I give devise and bequeath the said real and personal Estate to my said sons Phineas H. Wiles and David Munn Wiles to be divided equally between them share and share alike, excepting however in such division, the said Phinias H. Wiles shall have five acres more of the land or real estate or the proceeds of what the said five acres of land my produce or sell for than the said David Munn Wiles , subject to the payment of the legacy to Louisa Erskine anything herein or said last will contained to the contrary not withstanding. And Lastly it is my desire that this Codicil be annexed to and made a part of my last will and testament as aforesaid to all intents and purposes. In witness whereof I have hereunto set my hand and seal this 22 day of December 1866. s/s David Wiles The forgoing instrument was at the date thereof signed sealed and published and declared by the said Davifd Wiles and and (sic) for a Codicil to his last will and testament in presence of us show at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto S. H. Alden residing at Lysander, Onondaga Co. NY John Adsit residing at Lysander, Onondaga Co. NY Surrogates Court County of Onondaga In the matter of forming the last Will and Testament of David Wiles Deceased Onondaga County js Nathaniel M. White Of the town of Lysander in the county of Onondaga being duly sworn and examined doth depose and say that he this deponent, was well acquainted with David Wiles late of the town of Lysander in the county of Onondaga deceased; that this deponent was present as a witness and did see the said David Wiles subscribe at the end thereof the instrument now produced and shown to this deponent, purporting to be the last Will and Testament of the said deceased bearing date the tenth day of March in the year of our Lord, one thousand eight hundred and sixty six; that the said testator at the same time declared the instrument so subscribed by him to be his last Will and Testament; that thereupon this deponent and Rufus D. Pettit in the presence of each of the testator and in his presence; And that the said testator at the time of executing and publishing the said last Will and Testament was of full age of sound mind and memory and not under restraint, and was in all respects competent to devise real estate and to make a Will and Testament. Subscribed and sworn this 8th Nathaniel M. White Day of February 1867 before me D. C. Greenfield Surrogate Surrogate Court County of Onondaga In the matter of proving The last Will and Testament of Daniel Wiles. Deceased Onondaga County. Js Rufus D. Pettit of the town Of Van Buren in the county of Onondaga being duly sworn and examined do the depose and say. That he this deponent, was well acquainted with David Wiles late of the Town of Lysander in the county of Onondaga deceased; that this deponent was present as a witness and did see the said David Wiles subscribe at the end thereof the instrument now produced and shown to this deponent purporting to be the last Will and Testatment of the said deceased, bearing date the tenth day of March in the year of our Lord one thousand eight hundred and sixty six; that the said testator at the same time declared the instrument so subscribed by him to be his last Will and Testament; that thereupon this deponent and Nathaniel M. White in the presence of each other subscribed their names at the end thereof as witnesses thereto at the request of the testator and in his presence; And that the said testator at the time of executing and publishing the last Will and Testament was of full age of sound mind and memory and not under restraint and was in all respects competent to devise real Estate and to make a last Will and Testament. Subscribed and sworn this 8th R. D. Pettit Day of February 1867 before me D. C. Greenfield Surrogate Surrogate Court County of Onondaga In the matter of proving The last Will and Testament of David Wiles Deceased Onondaga County, js Samuel C. Alden of the town of Lysander; in the county of Onondaga being duly sworn and examined, doth depose and say that he this deponent was will acquainted with David Wiles late of the town of Lysander, in the county of Onondaga deceased; that this deponent was present as a witness and did see the said David Wiles subscribe at the end thereof the instrument now produced and shown to this deponent, purporting to be a Codicil to the last Will and Testament of the said deceased bearing date the twenty second day of December in the year of our Lord one thousand eight hundred and sixty six; that the said testator at the same time declared the instrument so subscribed by him to be a Codicil to his last Will and Testament; that thereupon this deponent and John Adsit in the presences of each other subscribed their names at the end thereof as witnesses then to at the request of the testator and in his presence; that the said testator at the time of executing and publishing the said Codicil to his last Will and Testament was of full age of sound mind and memory and not under restraint and was in all respects competent to devise real estate and to make a last Will and Testament. Subscribed and sworn this 8th Samuel H. Alden Day of February 1867 before me D. C. Greenfield Surrogate Surrogate Court County of Onondaga In the Matter of proving The last Will and Testament of David Wiles Deceased Onondaga County Js John Adsit of the town of Of Lysander; in the county of Onondaga being duly sworn and examined, doth depose and say that he this deponent was will acquainted with David Wiles late of the town of Lysander, in the county of Onondaga deceased; that this deponent was present as a witness and did see the said David Wiles subscribe at the end thereof the instrument now produced and shown to this deponent, purporting to be a Codicil to the last Will and Testament of the said deceased bearing date the twenty second day of December in the year of our Lord one thousand eight hundred and sixty six; that the said testator at the same time declared the instrument so subscribed by him to be a Codicil to his last Will and Testament; that thereupon this deponent and Samuel H Alden in the presences of each other subscribed their names at the end thereof as witnesses then to at the request of the testator and in his presence; that the said testator at the time of executing and publishing the said Codicil to his last Will and Testament was of full age of sound mind and memory and not under restraint and was in all respects competent to devise real estate and to make a last Will and Testament. Subscribed and sworn this 8th John Adsit Day of February 1867 before me D. C. Greenfield Surrogate Onondaga County Surrogates Office Js Recorded the preceding last Will & Testament and Codicil thereto of the said David Wiles decease as a Will of Real and Personal Estate, together with the proofs then of taken and had in the Court of Surrogate of the County of Onondaga; which record is hereby signed and certified by me pursuant to the provisions of the Revised Statutes this Eight day of February A. D. 1867. D. C. Greenfield Surrogate