WILL: John Pierson; Albion, Orleans co., NY surname: Pierson, Willson, Staines submitted by S Smith (73545.666 @ compuserve.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: February 5, 2004 This file has been created by a form at http://www.poppet.org/nyfiles/ File size: 10.0 Kb ************************************************ Source: Orleans County Will Book Vol 22 Page 481 Written: February 19 1890 Recorded: April 28 1890 Transcribed from SAMPUBCO copy by S. Smith, Albion, Orleans County, New York. Will book Vol 22 page 481. At a Surrogate's Court, held at the Surrogate's Ofice, in Albion, in and for the County of Orleans, on the 28th day of April, 1890. Present, Hon. Isaac S Signor, Surrogate. In the Matter of Proving the Will of John Pierson Deceased. Satisfactory proof by affadavit having been made and filed of the due service of the citation heretofore issued in this matter, requiring the proper persons to appear in this Court on the 28th day of April, A.D. 1890 at ten o'clock in the forenoon, and attend the Probate of the last Will and Testament of John Pierson, late of the Town of Albion in the County of Orleans and State of New York, deceased, and Thomas F Staines having appeared in support of the proof of the said last Will and Testament and after hearing the proofs and allegations of the said party so appearing and duly deliberating thereon: It is ORDERED, ADJUDGED AND DECREED that the last Will and Testament was duly executed; that the same is genuine and valid, and that the said deceased, at the time of executing the same, was in all respects competent to make a last Will and Testament and to devise real estate, and was not under any restraint, and that the said last Will and Testament be admitted to Probate, and that the same be and hereby is established as a Will of real and person estate. And this Court doth further Order and decree that the said last Will and Testament be recorded. And the Probate of the same being not contested, it is further Ordered and Decreed that the proofs and examinations taken in respect to the same be recorded. And on reading and filing the oath of Thomas F Staines, the exectrix named in said Will, it is ordered that Letters Testamentary issued to him pursuant to the Statute. Isaac D Signor, Surrogate I, John Pierson of the town of Albion, Orleans County and State of New York, do hereby make, publish and declare this my last will and testament in manner following to wit: First. After the payment of my just debts and funeral expenses I give and bequeath to my wife Elizabeth and my son Solomon jointly all farming tools, implements and utensils, teams, wagons, livestock, grain or other produce, furniture and household goods of which I may die seized. Second. I give and bequeath to my said wife Elizabeth and my son Solomon all the rest and residue of my personal property of which I may die seized of every name and kind, share and share alike. Third. I give and bequeath to my said wife Elizabeth and my son Solomon, or the survivor of either, the joint use in common of all my real estate during their natural lives until such time as the avails of such real estate shall prove inadequate to support my said wife and son in a prudent and proper manner, and it shall become necessary for such reason to sell the same or any part thereof for their support as hereinafter provided. And the foregoing provisions for my said wife shall be in him of drmer. Fourth. I give and bequeath to Thomas L Staines, my executor hereinafter named, all my real estate of which I may die seized, including my homestead farm on which I now reside, and in trust however, and for the following purposes viz: In the event of the use and income of the said real estate during the occupancy of the same, as provided in the foregoing sections of this will, shall prove inadequate for the prudent and proper support of my wife Elizabeth and my son Solomon, and when such fact being properly ascertained, I hereby empower and direct my said executor to sell any portions of the whole of said real estate, and to rent any part of the avails of the same as may be necessary for the current expenses and support of my said wife and son, either of them, and, I hereby direct that any part of the avails of such real estate not so necessary for current support; as aforesaid, shall be left safely invested in good securities and the income of which, with what may become necessary of the principal, shall be applied by my said executor in the support and maintainance of my said wife and son during their natural lives or the life of either, and said executor is hereby authorized to convey any or all such real estate to any purchaser of purchasers thereof by sufficient deeds of conveyances. I hereby direct my said executor upon the death of both my wife and son aforesaid to pay all necessary funeral expenses of each, to erect suitable headstones to mark the graves of myself and my said wife and son from the residue of my estate, and then to deliver over unto the legatees named in the next section of this will, all the real estate remaining unsold all unused avails of that which may have been sold with all the rest and residue of my estate which may remain in his hands after deducting the charges and expenses of said executor from a final accounting before the Surrogate. Fifth. After the terms and conditions of the foregoing sections of this will are fully complied with, and upon the death of both my wife Elizabeth and my son Solomon, I hereby give and bequeath all the real and residue of my real and personal estate which may remain unto John E Staines and E. M. Arilla Staines [in margin Emarilla (so in original)] his wife jointly, or be the survivor of either, lidum, their heirs or assigns forever. Sixth. I hereby nominate and appoint my friend Thomas F. Staines, of Barre, Orleans County, N.Y. executor of this my last will and testament and testamentary guardian of my said son Solomon, and hereby revoke all former wills and codicils by me made. In witness whereof I have this 23rd day of May, 1883, signed my name and affixed my seal. John Pierson (L.S.) We, the subscribers, in the presence of each other and in the presence of John Pierson, and at his request, have hereunder signed our names as witnesses to the foregoing instrument, he signing the same in our presence and declaring it to be his last will and testament. Thomas Tracey, Albion, Orleans Co, N.Y. William Fullerton, Albion, Orleans Co, N.Y. I, John Pierson, of the town of Albion, Orleans Co, N.Y., do hereby make, publish and declare this codicil to the my last will and testament dated and executed on the twenty third day of May, in the year 1883, in manner follwing, to wit: I hereby charge my estate, real and personal, with the support and maintainance of my adopted daughter Alice E. Pierson (formerly Alice E. Willson) now in myfamily, after the death of my wife and the death of my son Solomon, until she shall arrive at the age of twenty-one years, unless she should sooner be married, and in any event until such marriage before her maturity, and the Fifth section of my said will is hereby amended, and the bequeath therein made to John E. Staines and Emarilla Staines his wife, is subject to this provision. And I hereby direct and provide that the said Alice shall have a home and support with my wife and son aforesaid so long as they shall live. And the said Fifth section of said will is hereby confirmed subject and contingent upon the faithful care and support of the said Alice as herein provided. All the other provisions of the said will are hereby confirmed. Given under my hand and seal this nineteen day of February in the year eighteen hundred and ninety. John Pierson (L.S.) On this nineteenth day of Feburary, 1890, we the subscribed in the presence of each other and in the presence of John Pierson, and at his request, do hereunder sign our names as witnesses to the foregoing instrument, by signing the same in our presence and declaring it to be his codicil to his last will and testament. William Fullerton, Albion, Orleans Co, N.Y. Thomas Tracey, Albion, Orleans Co., N.Y. SURROGATE'S COURT In the Matter of Proving the Last will and Testament of John Pierson, Deceased, Orleans County, ss. Thomas Tracey and Wm Fullerton being first duly sworn, in open Court, upon their several corporal oaths, each for himself doth depose and say, that he is a subscribing witness to the last Will and Testament and codicil of John Pierson, late of the town of Albion in the County of Orleans and State of New York, deceased. And these deponents do further say, that the said John Pierson deceased did in the presence of each of these deponents, subscribe his name at the end of the instruments in writing, and are now here shown to these deponents, and which purports to be a codicil to and the last Will and Testament of the said deceased, and which will bears date on the 23rd day of May one thousand eight hundred and eighty-three and the codicil February 20th 1890. That the said deceased did at the time subscribing his name to the said instruments aforesaid, declare the same to be the one is a codicil to and the other his last Will and Testament and these deponents did therupon subscribe their own respective names at the end of said instruments as attesting witness to the execution of each thereof, each at the request of the said deceased and in his presence and in the presence of each other. That the said deceased at the time of his subscribing his name to said instrument as aforesaid, and publishing said instruments aforesaid, was upwards of twenty-one years of age; that he appeared to be, and deponents believe he was of sound mind, memory and understanding, and not under any restraint, and, as deponents verily believe, in all respects competent to devise real estate; that each of these deponents saw the other sign his name to said instruments in the presence of the said deceased, and that the same formalities were observed in each instance on both occasions. William Fullerton Thomas Tracey Subscribed and sworn to before me, this 28th day of April, 1890, Isaac S. Signor, Surrogate. Additional Comments: Elizabeth was John's second wife, and John was Elizabeth's fourth. Elizabeth (Dillman) married (1) Jacob Landis; (2) Jacob Reeder; (3) John Gilliland; (4) John Pierson. Alice Elizabeth Willson was the daughter of Mary Elizabeth Reeder and George W Willson. Mary was the daughter of Elizabeth and Jacob Reeder. Emmarilla Staines was the daughter of Elizabeth and John Gilliland. John Pierson's first wife was Julia and mother of Solomon.