WILL: Joseph Pitts;  Wallkill, Orange co., NY 
surname: Pitts, Hulse, Mcmonagle

submitted by Dorothy Oberhausen (doberha152 @ aol.com) 
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Submitted Date: March 15, 2004
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Source: Orange Co., New York Surrogate Records
Written: July 18 1845
Recorded: August 6 1869

Be it remembered that heretofor, to wit:
On the Sixth day of August, in the year one thousand eight hundred and sixty
nine Moses McMonagle the executor named in the Last will and testament of
Joseph Pitts late of the town of Wallkill in the County of Orange Deceased
appeared in open court before Gilbert O Hulse Surrogate of the County of
Orange and made application to have the said Last Will and Testament which
relates to both Real and Personal Estate proved.  And on such application the
Surrogate did ascertain by satisfactory evidence who were the [nrdors] only
heirs and next of kin of said deceased and their residences places of
residence with the exception of Alpheus Pitts Isaac Pitts Benjamin Dorance
Pitts John Sease Pitts and Frances Granger Pitts whose residence was unknown &
could not in diligent enquiry be ascertained and said Surrogate did therefore
open a citation directed to said only heirs and next of kin by their
respective names stating their places of residence except those whose places
of residence were unknown and as to them said Surrogate did issue a citation
stating their name requiring them to appear before said Surrogate in his
office in the Village of Goshen in said County on the Eleventh day of October 
then next to attend the probate of said will.  And afterward, to wit: on the
said Eleventh day of October satisfactory evidence by affidavit was issued and
presented to said Surrogate of the service of said citation in the mode
prescribed by Surr. And none of them appearing to be minors and on that day 
no one appearing to oppose the probate of said will such proceedings were 
therefor had afterward that said Surrogate took the proofs of said Will herein 
after [se  ].  And upon this Eleventh day of October A.D. 1869 he adjudged
said will to be a valid will of Real and Personal Estate and the proof thereof
to be sufficient.  Which said Last Will and Testament and proofs are as
follows.  That is to say

In the Name of God  Amen
I Joseph Pitts of the Town of Wallkill County of Orange and State of New York
do make and declare this my Last Will and Testament in manner and form
following

First   I assign my body into the hands of Almighty God hoping and believing
in a remission of my sins by the merits and mediation of Jesus Christ and my
body I commit to the earth  And my worldly estate I give and devise as follows
I give and devise to my beloved wife Effy Pitts as long as she remains my
widow all that acreage or tennent of land on which I now live and occupy
Also I will and ordain that the Executor of this my Last Will and Testament or 
his Executor or Executors for and toward the performance of my said Testament 
shall with all convenient speed after my decease and after the marriage or 
decease of my wife Effie Pitts bargain sell and alien in fee simple all that 
acreage or tennent of land on which I now live and occupy for the doing
executing and perfect finish my whereof I do by these presents  give to my
said Executers and his Executer or Executers full power and authority to grant
alein bargain sell convey and assine all the same lands called the acreage or
tenement of Joseph Pitts to any person or persons and their heirs forever in
fee simple by all and every such lawfull ways and means in the law as to my
said Executor or his executor or executors or to his or their counsel learned
in the law shall seem fit or necessary

And I do hereby appoint my trusty friend Moses McMonagle Executor of this my
last Will and Testament

Also I give and bequeath unto my son Isaac my wearing apperal and shomaking 
tools  Also I give and bequeath unto my son Frances Granger my family bible

Also I give and bequeath unto my beloved wife Effe Pitts all my framing tools
and stock together with all my household goods and stuff except my only such
as has been before disposed of unto my sons Isaac and Frances Granger

And also that it shall and may be lawful for him my said executor and his 
executor or executors in the first place out of the said premises respectively
to deduct and reimburse him and themselves respectively all such loss, costs, 
charges and expenses as he or they shall sustain expend or be put unto or by 
reason of the performance of this my Last will or the management or execution 
thereof respectively or any other thing in any wise relating thereto
And finally all the residue and remainder of all my estate and effects Real
and Personal whatsoever and wheresoever not herein before otherwise
effectually disposed of after payments of my debts and funeral expenses and
other charges and deductions as aforesaid do give and bequeath unto as many of
my sons herein after named as my Executor or his executor or executors shall
find living at the time when he shall have sold my estate and shall make a
distribution share and share alike unto my sons Alpheus Isaac Alexander Jetson
Benjamine Dorance John Sease Thomas (Francis) Granger

In witness whereof I have [ ] unto set my hand and seal the Eighteenth day of 
July in the year of our Lord One Thousand eight hundred and forty five
                                                          Joseph Pitts

The above instrument consisting of one sheet was now here subscribed by Joseph 
Pitts the Testator in the presence of each of us and was at the same time 
declared by him to be his Last Will and Testament and we at his request sign
our names hereto do attesting witness
Harvey McMonagle residing in Wallkill Orange County
Harrietta McMonagle

Orange County Surrogate's Court
In the matter of proving the last
Will and Testament
                 of
Joseph Pitts          Deceased                                               
State of New York
as a will of Real and Personal Estate                                   Orange 
County
Harvey McMonagle and Harriet McMonagle of the town of Wallkill in the County
of Orange N.Y. having on this Eleventh day of October in the year One thousand
eight hundred and sixty nine personally appeared before Gilbert A Hulse the
Surrogate of the County of Orange and being by the said Surrogate duly sworn
and examined depose and say each for himself and herself that he and she was
well acquainted with Joseph Pitts late of the Town of Wallkill and said County
of Orange deceased.  And the deponents further say that he and she were
present as witnesses and did see the said Joseph Pitts now deceased by writing
his name subscribe on the end thereof the instrument now produced and shown to
the deponents purporting to be the last Will and Testament of the said Joseph
Pitts deceased bearing date the 18th day of July in the year one thousand
eight hundred and forty five: that such subscription was made by the said
Joseph Pitts now Deceased in the presence of these deponents the attesting
witnesses to said will that the said Joseph Pitts at the same time declared to
these deponents the instrument so subscribed by him to be his last Will and
Testament.  Where upon these deponents each signed his and her name at the end
of the said Will at the request of the said Joseph Pitts now Deceased and that
the said Joseph Pitts at the time of executing and publishing the said last
Will and Testament was of full [eep] of sound mind and memory and not under
any restraint and was a citizen of the United State

Sworn signed and subscribed             Harvey McMonagle
before me this 11th day of October      Harriet McMonagle
[ .]  1869
     Gilbert O Hulse, Surrogate
County of Orange
Surrogate Office
Recorded the preceding Last Will and Testament of Joseph Pitts Deceased as a
will of Real & Personal Estate together with the proof and examination taken
and had in the Court of the Surrogate of the County of Orange relating to the
said Last Will and Testament  Which said record is hereby signed and certified
by me persuant to the provisions of the Revised Statues the Eleventh day of
October in the year of Our Lord One Thousand Eight hundred and Sixty nine.
     Gilbert O Hulse
     Surrogate