WILL: Nathaniel T. Holmes; Manchester, Ontario co., NY surname: Holmes, Robinson submitted by Elizabeth Mowers (egmowers at msn.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: December 31, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 9.9 Kb ************************************************ Source: Sampubco.com Ontario co NY Will Book vol. B page 518 Written: March 28, 1842 Recorded: January 11, 1843 Twenty ninth day of December A.D. 1842 Present __Orson Benjamin, Surrogate. In the matter of proving the last will and testament of Nathaniel T. Holmes, late of the town of Manchester in the county of Ontario deceased relating to both real and personal estate. On reading and filing the petition of Randall Robinson who is named as executor in the last will and testament of Nathaniel T. Holmes, deceased, by which it appears that Marceline Holmes, a minor under the age of twenty-one years having no general guardian, is interested in the proceedings to be had upon the said petition; It is therefore ordered that Peter Mitchell who appears in court & consents thereto be and he hereby is appointed special guardian of the said minor, for all the purposes and proceedings upon the said petition. Orson Benjamin The last will and testament of Nathaniel T. Holmes of Ontario county town of Manchester, and State of New York made this twenty-eigth day of March one- thousand eight-hundred and forty-two. I give and bequeath my body to the dust whence it was taken, and my soul to God who gave it in hopes of a glorious insurrection and eternal life through Jesus Christ our Lord. I give and bequeath all my personal property to my wife Tirzah, to be disposed of in the following manner: First, I wish my debts to be paid out of it; Secondly, I wish my daughter Emily D. to have as good aw outfit as Elisa Beal has had; 3. I give and bequeath my home farm containing fifty seven acres more or less to my wife Tirzah; binding her to provide for the necessary wants of my daughter Marceline until she becomes of age, or shall change her relation by matrimony, when she shall have as good an outfit as my daughters Elisa and Emily D. have had. 4. I give and bequeath to my son Randall R. Holmes twenty-five acres of land situated in the town of Manchester county and State aforesaid, bounded east by the highway south by land owned by the heirs of Amasa Adams deceased, next by land owned by Washington Beal, north by land owned by Isaac T. Holmes. And I appoint my wife Tirzah and Randall Robinson to be the executors of my will and testament. The erasure in this article was made before signing. Nathaniel (X) T. Holmes "his" above the X; "mark" below the X. Signed and sealed in presence of Wilson Osband, Isaac T. Holmes, Willard Chase At a Surrogate Court held at the Surrogate's Office at the town of Canandaigua in and for the county of Ontario, on the eleventh day of January A.D. 1843. Present__Orson Benjamin, Surrogate. In the matter of proving the last will and testament of Nathaniel T. Holmes late of the town of Manchester in the county of Ontario deceased, relating to both real & personal estate. The citation issued on the 29th day of December last, to the widow heirs and next of kin of Nathaniel T. Holmes deceased, to attend the probate of his will this day, having been returned, and together with due proof of the legal service thereof, filed in the Surrogates Office, and Tirzah Holmes widow of the said deceased & executor, appearing & desiring to have the said will proved, and Randall Holmes and Peter Mitchell special guardians also appearing, it is ordered that the proofs of the said will be now taken, and the said Surrogate now here proceeds to hear & take the proofs of the last will & testament of the said Nathaniel T. Holmes, which proofs will appear in the following deposition, that to say; Isaac T. Holmes being called and sworn testifies as follows viz. I Isaac T. Holmes reside in the town of Manchester in the county of Ontario, am aged fifty-seven years and am a farmer by occupation. I was well acquainted with Nathaniel T. Holmes deceased, he being my brother. I was at his house and saw him execute the will now here shown to me bearing date the twenty-eigth day of March A.D. 1842. He was at that time sick. The will was drawn up by the Rev. Mr. Fuller by the request of the said deceased and agreeably to his directions, and when completed was carefully read by the said Fuller to the said deceased in his hearing, who approved of the same, and by reason of his weakness he requested the said Fuller to sign his name to the said will which he did at the end opposite a seal as the name now appears; the said deceased then by the help of said Fuller by steadying his hand made a cross between the Christian & surname. As and for his last will and testament and said it was agreeable to his mind, and therefore I subscibe my name to the said will as a witness. The said testator died on the twenty-ninth day of November last, aged about sixty years. At the time of executing the said will, the said Nathaniel T. Holmes the testator was fully in the possession of his reason & memory and acted freely and voluntarily in what he did, without restraint. Afterwards the said deceased partially recovered so as to be able to ride out, and conversed with me about the will which was then in my possession, when he said it was as he wanted it and did not desire to have it altered in any respect. When the said will was executed as aforesaid it was placed in my possession with the consent and approbation of the testator for safe keeping, and has remained in my possession until this day when produced in court for the purpose of being proved, without any alteration. A part of a line near the middle was erased before execution. Isaac T. Holmes Subscribed & sworn this 11th January A.D. 1843 in open court before me, Orson Benjamin, Surrogate. Wilson Osband another subscribing witness to the said will being called & affirmed testifies as follows, viz. I Wilson Osband reside in the town of Arcadia in the county of Wayne, am aged fifty-two years, and am a minister of the Methodist Episcopal Church. I was well acquainted with Nathaniel T. Holmes deceased at the time of his death & for more than forty years previously. I was present at his house in the month of March last when the instrument was here shown to me bearing date the twenty-eighth day of March last was drawn and executed by the said Nathaniel T. Holmes as and for his last will and testament. The said will was drawn by the Rev. Earl B. Fuller agreeably to the directions of the testator, and when completed was carefully read to him in his hearing and being too weak to write his name, the said Fuller by his request wrote his name and aided him the testator to make his mark of cross between the Christian and surname as the name now appears opposite a seal at the end of the will. The said testator declared the said instrument to be his will and therefore I became a subscribing witness to the said will by signing my name to it by the desire of the testator but whether in his presence or not do not distinctly recollect, but rather think I stepped into an adjoining room to subscribe my name. The said testator was at that time sound in his mind and memory and in every respect competent to make his will and acted freely & voluntarily in what he did without restraint. The said will when executed was sealed up and placed in the hands of Isaac T. Holmes, a brother of the testator and also a subscribing witness for safekeeping in the same condition as the same now appears a part of a line near the center erased. Wilson Osband subscribed and affirmed in open court this 11th day of January A.D. 1843. Orson Benjamin Surrogate. Willard Chase another subscribing witness to the said will being called and affirmed testifies as follows viz. I Willard Chase reside in the town of Palmyra in the county of Wayne am aged forty-four years and am a carpenter. I was well acquainted with Nathaniel T. Holmes late of the town of Manchester in the county of Ontario, deceased, for some twenty years before his death. I was present and saw him execute the instrument now here shown to me bearing date the 28th day of March 1842 by signing his cross between his names opposite a seal at the end. His hand in making his cross was steadied by Rev. Earl B. Fuller who wrote the names of the testator and therefore the said Nathaniel T. Holmes published the said instrument as his last will and testament, and with the testators approbation. I subscribed my name as a witness to the said will stepping into another room for the convenience of doing so, the room in which the testator was sick being small, and no table therein. The testator at this time although weak and feeble in body was sound in his mind and acted freely and voluntarily in what he did without restraint. The said will when executed was delivered to Isaac T. Holmes for safe keeping in the same condition as it now appears. Willard Chase. Subscribed & affirmed this 11th day of January 1843 in open court, before me, Orson Benjamin, Surrogate. Whereupon I the said Surrogate upon the foregoing proofs being satisfied of the ________and validity of the said will do admit the same to probate and order that the said will and proof be recorded. Orson Benjamin Surrogate. I certify that the foregoing will of Nathaniel T. Holmes deceased, relating to both real and personal property, was, as such, duly proved before me, and together with the foregoing proofs thereof was by me duly recorded and examined this 11th day of January A.D. 1843. Orson Benjamin Surrogate.