WILL: Samuel McElroy; Monroe, Orange co., NY surname: Mcelroy, Shove, Stove, Howard submitted by Lil Heselton (lhess @ shaw.ca) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: September 12,2004 This file has been created by a form at http://www.genrecords.net/nyfiles/ File size: 10.7 Kb ************************************************ Source: Orange County Will Book Vol. T page 208 Written: October 7 1843 Probated 5 Feb 1854 Will of Samuel McElroy As transcribed by Lil Heselton Petition On reading and filing the petition, Charles Fitzgerald the sole Executor named to the last will and testament of Samuel McElroy, late of the town of Monroe in the County of Orange, deceased, propounding said will for probate as a will of real and personal estate. It is ordained that a citation ..to the prayer of the said petition and the statute in such case made and provided to the prayer pendons requiring them to appear before the Surrogate of the County of Orange at his office in Goshen in said County on the seventh day of February next at ten oclock in the forenoon of that day and attend the probate of the said will, thereupon in pursuance of said order a Citation was offered of which the following is a true copy. Viz: Citation: The People of the State of New York: to George McElroy, Edward McElroy, Mary Ann Shove, wife of Harvey Shove, Caroline McElroy and Elizabeth McElroy residing in the Town of Monroe in the County of Orange, heirs at law in the will of Samuel McElroy late of the town of Monroe in the County of Orange deceased Greetings: You are hereby cited to be and appear before the of the County of Orange, at his office in Goshen in said county on the seventh day of February next at ten o'clock in the forenoon of that day to attend the probate of a certain instrument in writing purporting to be the Last will and testament of said deceased bearing date of the seventh day of October in the year of our Lord one thousand eight hundred and fifty three on the application of Charles Fitzgerald claiming to be the Executor thereof and the said will related to and is offered for probate as a will of real and personal estate. In testimony whereof we have caused the seal of Office off our said Surrogate of the County of Orange to be affixed. Witness: James M. Fowler surrogate of the said county at Goshen, in said county the twenty-third day of January in the year of our Lord one thousand eight hundred and fifty four. James W. Fowler, Surrogate. Orange county Surrogate Court : At a court held at the Surrogates Office in Goshen, in and for the County of Orange on the seventh day of February in the year one thousand eight hundred and fifty four ------ Present: James W Fowler Surrogate, Charles Fitzgerald, the executor named in the last will and testament of Samuel McElroy late of the town of Monroe in the County of Orange deceased appeared this day and produced proof by affidavit of the service of the .citation heretofore offered in this matter, and George McElroy one of the heirs and not of kin of the said deceased also appeared in person on this matter and no one else appearing herein, the Executor produced satisfactory proofs of the due execution oand solicitation of said will. Which said proof by affidavit of the due service of the said Citation endorsed thereon, and the said proofs of the due execution and publication of the said will, and the said will, as follows viz: For Charles Fitzgerald of Chester in the County of Orange being duly sworn says that he served the said citation on the within named George McElroy, Edward McElroy, Mary Ann Shove, wife of Harvey Shove, Caroline McElroy and Elizabeth McElroy more than eight days from the seventh day of February, 1854 by delivering to each of them personally a copy of said Citation and that the deponent also served said Citation on Harvey Shove by delivering a copy to his said wife Mary Ann for him in his absence from his residence, in more than eight days prior to the said seventh day of February, 1854. served this seventh day of February, Chas Fitzgerald sworn before me James W. Fowler, Surrogate. Charles Fitzgerald of the town of Chester in the County of orange and David Smith and Stephen Smith of the town of Monroe in the County of Orange have on this seventh day of February, in the year one thousand eight hundred and fifty four personally appeared before James W Fowler, the Surrogate of the County of Orange and being by this said Surrogate severally duly sworn and examined ..and each says for himself that he was well acquainted with Samuel McElroy late of the town of Monroe in the said county of Orange, deceased; And the deponent to David Smith and Sidney Smith. Further say and each for himself says he was present as a witness and he did see the said Samuel McElroy, now deceased subscribe the end thereof the instrument now produced and known to the deponents purporting to be the last will and testament of the said Samuel McElroy deceased being dated the seventh day of October in the year one thousand eight hundred and fifty three; that such subscription was made by the said Samuel McElroy now deceased in the presence of each of these said deponents David Smith and Sidney Smith subscribing witnesses to said will. That the said Samuel McElroy at the same time declared the instrument so, subscribed by him to be his last will and testament. Whereupon these deponents David Smith and Sidney Smith signed their names at the end of the said will at the request of said Samuel McElroy now deceased and that the said Samuel McElroy at the time of executing and publishing the said will and testament was of full age, of sound mind and memory and not under any restraint and a citizen of the United States. And this deponent Charles Fitzgerald for himself further says that he .and wrote the said will now produced and shown to him .date the seventh day of October, 1853 that after he had written the said will read it over carefully and correctly to the said deceased who thereupon approved of and executed the same in the presence of deponents David Smith and Sidney Smith the subscribing witnesses to the said will. That after the execution the deponent took the said will into his custody for safe keeping at the order of the said deceased and retained the same until after the death of said testator and until presented to the Surrogate for probate and that said will now produced is in all respects the same will so executed as aforesaid without alteration or changes. Sworn and examined the 7th day of February 1854 before me James W Fowler, Surrogate: Charles Fitzgerald, David Smith, Sidney Smith. THE WILL: The last will and testament of Samuel McElroy of the town of Monroe, ounty of Orange and State of New york. I Samuel McElroy, considering the uncertainty of this mortal and being of sound mind and memory and blessed be almighty God for the same do make and publish this my last will and testament in manner and form following: (that is to say): First: I give and bequeath to my two sons George McElroy and Edward McElroy the sum of fifty dollars each. I give and bequeath to my eldest daughter Mary Ann Stove the sum of seventy dollars. I give and bequeath to my second daughter Caroline McElroy the sum of three hundred and fifty dollars and I give and bequeath to my youngest daughter Elizabeth McElroy the sum of fifty dollars. I give and bequeath to Louisa Howard the sum of fifty dollars. Which said several legacies or sums of money I will order to be paid to the said respective legatees at the end of six years after my decease. I further give and devise to my said daughter Caroline McElroy all that messuage or tenement on which I now reside and lying and being in the town of Monroe for the term of five years from the time of my decease at the end of which time the said tenement is to be sold and the procedes together with what then sums of money there may be appropriated to pay said legacies if there shall be money enough to pay said legacies after paying all the just debts the same to be paid as before ordered and the rest if any to be equally divided between Mary Ann Stove, Caroline McElroy and Elizabeth McElroy. I further order and bequeath to my daughter Elizabeth McElroy the bed and bedding out of my household goods. I give and bequeath to my daughter Caroline McElroy forever the said Caroline to house and provide for the said Louisa Howard for the term of five years from my decease or until she become eighteen years of age. I further order that if there is not enough to pay the said legacies as bequeathed that the said Mary Ann Stove, Caroline McElroy and Elizabeth McElroy be paid the full amount of their legacies and the residue to be equally divided between George McElroy, Edward McElroy and Louisa Howard, the residue of my personal property to be sold and the proceeds to pay my funeral expenses and the other debts as far as it will. And I hereby appoint Charles Fitzgerald the sole Executor of this my last will and Testament hereby revoking all former wills by me made. In witness whereof I have hereby set my hand and seal the seventh day of October one thousand eight hundred and fourty three. Samuel McElroy The above will and testament of one sheet was now here subscribed by Samuel McElroy the testatot in the presence of each of us and all at the same time declared by him to be his last will and testament and at his request sign our names here to as attesting the truth. David Smith Monroe Orange County Sidney Smith Monroe Orange County, And therefore on motion of the said Executor it is ordered adjudged and decreed and the Surrogate of the County of Orange by virtue of the power and authority in him vested doth order adjudge and decree that the said last will and testament was duly executed that the same is genuine and valid and that the said Samuel McElroy, at the time of executing the same was in all respects competent to devise real estate and not under any restraint and further that the said last will and testament be admitted to probate and recorded, that the same be hereby established as a will of real and personal estate and that letters testamentary thereon issue to the said Charles Fitzgerald the sole executor therein named he first taking the oath on affirmation required by law. James W Fowler, surrogate. I hereby certify the proceeding to be a true record of the last will and testament of Samuel McElroy late the town of Monroe in the County of orange , deceased, and of all the proceedings held in relation to the proofing this as a real and personal estate. James W Fowler Surrogate