WILL: Peter Baggerly; Phelps, Ontario co., New York

submitted by: Sandra Kluge (egyptstudy at aol dot com)
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Source: sampubco.com
Ontario co Ny Will Books Vol. C page 68
Written: 6 Jan 1844
Probated: 12 Feb 1844

The last will and testament of PETER BAGGERLY of the town of Phelps in the
county of Ontario.

I PETER BAGGERLY aged sixty years the twelfth of April in the year of our Lord
One Thousand Eight Hundred and Forty Three, being desirous to discharge the
duty which every man owes to his family by making such provisions for the
distribution of my property as shall be just and equitable, do make and
declare the my last will and testament as follows, First, I direct that the
expenses of my last sickness and of my funeral shall be paid in preference to
any desire or legacy herein contained.

Second, I give unto my wife JANE of all my household goods, beds, bedding,
bedsteads and other furniture to her and to her disposal. 

Third, I give unto my wife JANE the use of all the stock and farming utensils
that I own at the time of my decease for and during her natural life and in
case of her death the I direct that the same be divided in equal proportions
according to their value thereof amongst my two sons HARRISON BAGGERLY and
BARLOW BAGGERLY or such of them as shall be living , and in case either of my
said sons shall be married before the death of my said wife, I authorize her
in her discretion to advance and give to such son or either of them such of
the said stock or farming utensils as she may deem expedient not exceeding in
value the share of such son and the above bequests are given unto my wife in
lieu of and in full of her dower in my personal estate.

Fourth, I give unto my two daughters, MARY CAROLINE BAGGERLY and EMILY JANE
BAGGERLY a certain note or writing made and executed by my two sons, H.O.
BAGGERLY of Savannah and dated December 1st 1843 for twenty acres of land or
five hundred dollars in cash at his option and payable to me in five years,
which said note or its avails I give unto my said daughters MARY CAROLINE and
EMILY JANE to be equally divided between them and their heirs.
Fifth, I give the use of all my real estate which I shall be entitled to
devise at the time of my decease to my wife JANE and my son HARRISON BAGGERLY
and also all my personal estate not heretofore disposed of for and until they
shall pay off and discharge a certain Bond and Mortgage which I made and
executed to the New York Life Insurance & Trust Company to secure the payment
of sixteen hundred dollars and there is now due one thousand dollars and the
interest from the first day of December 1843, and after the said bond and
mortgage is fully paid then I give the use of the said real estate to my wife
for and during her natural life and this is in full and in lieu of her dower
in my real estate.

Sixth, I give and devise unto my son HARRISON BAGGERLY at the decease of my
wife JANE, sixteen acres of land on lot number one hundred and eleven in the
township number eleven in the first range of township in Ontario County and
bounded as follows vis, on the east and with by lands belonging to HARRISON
BAGGERLY on the south by part of the south line of the said lot and on the
west by a line parallel with the east line and so far distant as shall make
and include sixteen acres of land and the devise given to my said son HARRISON
BAGGERLY on condition the he pay two hundred and fifty dollars to my daughter
MARY CAROLINE BAGGERLY in monies following vis, if he shall marry before the
decease of her mother then he shall pay her one hundred dollars on such
marriage and the remaining sum of one hundred and fifty dollars in two years
after the decease of my wife.

Seventh, I give and devise unto my son BARLOW BAGGERLY after the decease of my
wife JANE, fifty acres of land on lot number one hundred and eleven in
township number eleven of the first range of township in Ontario County and
bounded by as follows vis, on the west and south by a part of the west and
south lines of the lot and on the north by HARRISON BAGGERLY'S land and on the
east by the west line of the piece of land that I have devised to my son
HARRISON BAGGERLY and containing fifty acres of land and this devise is given
to my said son BARLOW BAGGERLY on condition that he pay two hundred and fifty
dollars to my daughter EMILY JANE BAGGERLY in monies following vis, if she
shall marry before the decease of her mother then he shall pay her one hundred
dollars on such marriage and the remaining sum of one hundred and fifty
dollars in two years after the decease of my wife.

Lastly, I appoint my son ROBERT J. BAGGERLY and HARRISON BAGGERLY executors of
this my last will and testament. In witness where of I have hereunto set my
hand and seal this sixth day of January 1844.

PETER BAGGERLY       seal
The above instrument consisting of one sheet was subscribed by PETER BAGGERLY
the testator in our presence and was declared by him to be his last will and
testament and we at his request have signed our names hereto as witnesses.
THOMAS OTTLEY residing in the town of Seneca, Ontario County
ROBERT B. FERGUSON residing in the town of Phelps, Ontario County


t a Surrogates Court held at the Surrogates Office at the town of Canandaigua
for the County of Ontario on the 12th day of February A.D. 1844. Present,
ORSON BENJAMIN, Surrogate.

In the matter of proving the last will and testament of PETER BAGGERLY late of
the town of Phelps in the county of Ontario deceased, relating to both real
and personal estate. 

The citation issued on the 29th day of January 1844 to the widow, heirs,   and
next of kin of PETER BAGGERLY late of the town of Phelps in the County of
Ontario, deceased, to attend the proof of the last will and testament  of the
said deceased.

This day having been duly served and returned and together with all affidavits
of service filed in this office it is so ordered that the proof of the said
will be now taken. ROBERT J. BAGGERLY and HARRISON BAGGERLY ,executors, willed
in the said will appearing and the said Surrogate now here proceeds to hear
and take the proofs of the said will which said proofs will appear in and by
the following depositions that is to say: THOMAS OTTLEY being produced by the
said executors and testifies as follows vis, I THOMAS OTTLEY reside in the
town of Seneca in the county of Ontario am of lawful age and am a farmer by
profession. I was well acquainted with PETER BAGGERLY late of the town of
Phelps in the county of Ontario, deceased. On or about the sixth day of
January 1844, by the request and agreeably to the directions of the said PETER
BAGGERLY, I drew up the instrument in writing of that date now here shown to
me, as and for the last will and testament of the said PETER BAGGERLY and when
completed as the same now appears. I read the same carefully to him in his
hearing with which he expressed himself satisfied and signed it at the end
opposite a seal with his name and declared it to be his last will and
testament and therefore ROBERT B. FERGUSON and myself subscribe our respective
names as witnesses to the said will in the presence of the testator and by his
request.

The said PETER BAGGERLY although languishing with a complaint of which he died
in about ten days afterwards, was at the time of the execution of the said
will sound in his mind and memory, acted freely and voluntarily in what he
did, without restraint and was in all aspects competent to make his will and
devise real estate in my opinion. The said will was when it was executed in
all respects as it now appears the name of HARRISON BAGGERLY being interlined
between the two upper lines on the second page and the words, unto my son and
the word and being erased in other lines, and when executed as aforesaid,
enclosed and sealed in an envelope and left with the testator.
THOMAS OTTLEY

Subscribed and sworn in open court this 12th day of February 1844, before me
ORSON BENJAMIN, Surrogate.

ROBERT B. FERGUSON being produced and sworn by and on the part of the
executors testifies as follows vis, I ROBERT FERGUSON of lawful age reside in
the town of Phelps in the county of Ontario. I was well acquainted with PETER
BAGGERLY late of the town of Phelps in the county of Ontario, deceased. On or
about the sixth day of January 1844, I was present at his residence and saw
him subscribe his name to the instrument in writing now here shown to me of
the date last mentioned at the said opposite a seal, and heard him declare the
said instrument to be his last will and testament and therefore I became a
subscribing witness to the said will by the request of the testator and in his
presence. THOMAS OTTLEY at the same time became a subscribing witness. The
said will when thus executed as aforesaid was sealed up by Mr. OTTLEY and it
was taken by Mrs. BAGGERLY and put away. The mind and memory of the said
testator were at this time clear and distinct and he acted freely and
voluntarily in what he did without restraint and he was in all respects
competent to make his will and devise real estate. After the death of the
testator by the request of the family I opened the said will and read it in
the presence of the family of the said deceased. I am connected with the
family by marrying with a sister of the testator. 
ROBERT B. FERGUSON

Subscribed and sworn in open court February 12 1844 before me, ORSON BENJAMIN,
Surrogate.Theretofore I the said Surrogate upon the proofs aforesaid, being
satisfied of the genuineness and validity of the said will, do order that it
be admitted to probate and that the said will and proofs be recorded.ORSON
BENJAMIN, SurrogateI certify that the foregoing will of PETER BAGGERLY,
deceased, relating to both real and personal property was, as such, duly
proved before me and together with the forgoing proofs, thereof was by me duly
recorded and executed this 12th day of February A.D. 1844
ORSON BENJAMIN, Surrogate