WILL: Gilbert Wood; Gorham, Ontario co., NY
surname: Wood

submitted by Joyce Phillips (phillmuell @ charter.net)
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Source: SAMPUBCO photocopy
Ontario co NY Will Book Vol. B page 298
Written: 25 Apr 1840
Probated: 18 Jan 1841

At a Surrogate's Court held at the Surrogates office at the town Canandaigua,
in and for the county of Ontario, on the eighth day of January AD 1841.
Present: Orson Benjamin, Surrogate

In the matter of proving the last will and testament of Gilbert Wood, late of
the town of Gorham in the county of Ontario, deceased.  On reading and filing
the petition of Joel Wood in this matter, it appearing that Eleanor Wood, Mary
Wood, Margaret Wood and Amanda Wood are minor children of the said deceased,
and interested in the proceedings to be had in premises, it is therefore
ordered that Oliver Phelps of the town of Canandaigua, who appears in court
and files his consent thereto, be and he hereby is appointed the guardian of
the said minors respectively, for the special purpose of appearing for and to
keep care of their interest in the proceedings to be had in the matter of
proving the will.
Orson Benjamin
Surrogate

I, Gilbert Wood, of the town of Gorham in the county of Ontario, in the state
of New York, being of sound disposive mind and memory, do make and publish
this my last will and testament, in manner and form following that is to say,

First I direct the payment of all my debts, expenses of my last sickness and
funeral charges, before any distribution of my personal estate.  

Second, I give and devise unto my beloved wife, Peggy, exclusive of any right
of dower to which she is entitled, two of my best milch cows, all my household
furniture, in the house occupied by me; also, the use and occupation during
her natural life of my dwelling house, barn and garden, with suitable door and
barn yard about said building.

Third, I give and bequeath the remainder of personal estate unto my children
surviving me, to be equally divided between them, And, if I also survive my
dear wife, in that case then, the whole of my personal estate to be divided
equally among all my children.  

Fourth, I give and devise my real estate in said town of Gorham, lying and
being on lot No. fifty from |56| in township number nine if the second range
in Phelps and Gorham Purchase, among my children, subject to the ???? and
possession of the buildings, garden, suitable door and barn yards above
bequeathed to my wife in the manner and proportions following, that is to say,
Unto my daughter, Betsey Utter, wife of Philander Utter and her heirs and
assigns; a piece of land eight (rods?) wide, extending from the north to the
south line of said lot, to be taken from the west part of my farm; also to my
daughter Susan and to her heirs and assigns a piece of land of the same width
and length as Betsey's; and bordering (west?) on the piece of land devised to
Betsey; Also to my daughter Jane, and to her heirs and assigns, a piece of
land of the same width and length as Betsey's and bordering (west?)  on the
land devised to Susan; Also to my daughter Hannah, and to her heirs and
assigns, a piece of land of the same width and length as Betsey's and
bordering (west?) on the land devised to Susan; Also to my daughter Eleanor,
and to her heirs and assigns, a piece of land of the same width and length as
Betsey's and bordering (west?) on the land devised to Hannah; Also to my
daughter Margaret, and to her heirs and assigns, a piece of land of the same
width and length as Betsey's and bordering (west?) on the land devised to
Hannah; Also to my daughter Amanda, and to her heirs and assigns, a piece of
land of the same width and length as Betsey's and bordering (west?) on the
land devised to Margaret; Also to my daughter Mary, and to her heirs and
assigns, a piece of land of the same width and length as Betsey's and
bordering (west?) on the land devised to Amanda. And, also to my son Joel and
to his heirs and assigns, all the residue and remainder of my said lot or real
estate wherever else, in or out of said town, the same may be situated.   It
being my will that if the home called and known as Joel's is not on the land
devised to him, that he may move his house from off either of my daughters
share of my estate, if thereon, on to his share or part of my farm, at anytime
within five years after my death, and I attach this condition to whichever
daughters share on which said house my be situated.  Lastly, I appoint my
beloved wife, Peggy and my son, Joel, executrix and executor of this my last
will and testament.

In interim  therefore, I have subscribed and affixed my seal this twenty fifth
day of April in the year of our Lord eighteen hundred and forty.  The words
"of dower" "her" and "real estate" interlined before execution.  The word
"April" partly written on enclosure before execution.
(signed) Gilbert Wood (seal)

Joel Wood, the person named in the said will as executor being sworn deposes
as follows, viz: 

I, Joel Wood, reside in the town of Gorham in the county of Ontario, am aged
28 yrs, and am by profession a farmer. I was present when my father, Gilbert
Wood, late of the town of Gorham, in the county of Ontario, deceased, departed
this life, which was on the fourth day of January, 1841.  His complaint of
which he died was called the asthma; after his death, I went to the office of
Judge Oliver Phelps and received from him the last will and testament of the
said deceased now here shown unto me, bearing date the twenty-fifth day of
April A.D. 1840, which I kept in my possession until I delivered the same to
Orson Benjamin, surrogate of the county of Ontario, for the purpose of being
proved. The said will when received by me was in the same condition as it now
appears.
(signed) Joel Wood

Subscribed and sworn this 18th day of January A.D. 1841 before me, Orson
Benjamin, Surrogate