WILL: Thomas Burnside; Milford, Otsego co., NY surname: Burnside submitted by Charmaine Groettum (cgroettum at cox.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: February 15, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 10.05 Kb ************************************************ Source: sampubco.com Otsego co NY Will Book Vol. 9 page 361 Written: December 4, 1852 Recorded: April 25, 1853 TEXT: Be it remembered that heretofore to wit on the seventh day of March in the year one thousand eight hundred and fifty three Thomas Burnside executor named in the last will and testament of Thomas Burnside late of the town of Milford in the county of Otsego deceased appeared in open court before the Surrogate of the county of Otsego and made application to have the last will and testament which relates to both real and personal estate proved and on such application on the Surrogate did ascertain by satisfactory evidence who were the heirs and next of kin of the said testator and their respective residences and some of the said heirs appearing to be minors having no general guardian a special guardian was appointed for the sole purpose of taking care of the interests of said minors in the matter of proving the said will by an order duly entered for that purpose by said Surrogate and the said Surrogate did thereupon issue a citation in due form of law directed to the said heirs next of kin and special guardian by their respective names stating their respective places of residence requiring them to appear before the said Surrogate at his office in Cooperstown in said county on the twenty fifth day of April then next at ten o'clock in the forenoon of that day to attend the probate of the said last will and testament and afterward to wit on the said twenty fifth day of April satisfactory evidence by affidavit was produced and presented to the said Surrogate of the devisee of the said citation in the mode prescribed by law and on that day no one appearing to oppose the probate of the said will such proceedings were thereupon had afterwards that the Surrogate took the proof of the said last will and testament on the day last aforesaid he adjudged the 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 WILL: The last will and testament of Thomas Burnside of the town of Milford County of Otsego and state of New York I Thomas Burnside considering the uncertainty of this mortal life and being of sound mind and memory blessed be almighty God for the same do make and publish this my last will and testament in manner and form following First I give and bequeath to my eldest son Thomas Burnside Jr one half acre of land situated where the Rail Road crosses the highway on my farm and provided there is no prospect of that becoming a place of business then the said Thomas Burnside Jr can have the privilege of locating the said half acre in any other place along the Highway on my farm and for a building place to have and to hold to my eldest son Thomas Burnside Jr his heirs and assigns forever I give and bequeath to my eldest daughter Mary Ann the sum of four hundred dollars and a right for herself and Elizabeth to live in the house with the family as they now do and have their support on the place as they now have as long as they remain single I give and bequeath to my son Andrew Burnside sixty acres of land lying and being in lot no 6 in Fitch's Patent and bounded as follows commencing at the corner of the stone wall at the northwest corner of lot no 6 running easterly along the wall on the north line of said lot until it intersects a wall running up the hill in a southerly direction thence up along said wall in a southerly direction to the upper end of said wall thence in a southerly direction until it strikes the south line of said lot no 6 (illegible) up from the south west corner to contain sixty acres of land thence along the south line of said lot a westerly direction to the southwest corner of said lot thence along the west line of lot no 6 in a northerly direction to the place of beginning containing sixty acres of land to have and to hold to my said son Andrew Burnside his heirs and assigns forever I give and bequeath to my daughter Fanny the sum of one hundred dollars I further give and bequeath to my said son Andrew Burnside the bay horse and brown mare and the old two horse harness and the bob slay I give and bequeath to my beloved wife Elizabeth all of the cows and young stock the one horse wagon and harness household furniture and the use of the house during the term of her natural life I give and bequeath to my younger son William Burnside all the remainder of my real estate and the two young horses and harness the two horse wagon and sleigh after paying the several legacies or sums to the said respective legatees and all other debts of the estate And lastly my express will and meaning is and I do hereby order and appoint that if any difference dispute or controversy shall be (illegible) or happen concerning any gift bequest matter or thing in this my will that (illegible) no suit or suits (illegible) or equity or otherwise shall be brought commenced or prosecuted for and concerning the same but the same shall be referred wholly to the award order and determination of my friends George H. Coon and Daniel Green both of Milford and what they shall order direct or determine therein shall be binding and conclusive to all and every person and persons therein concerned Proviso provided always and I do hereby deed and that in case I shall in my life time (illegible) and pray to any of my children any sum or sums of money or furniture goods or chattels for his or their benefit or advancement in the world or otherwise and shall signify the same in writing under my hand then if any such sum or sums shall be equal to the share or shares of any such child or children such sum or sums to paid or advanced shall in that case be accounted in full satisfaction of the share or shares of such child or children but of such advanced sum or sums shall be less than the share or shares of such child or children then such advanced sum or sums shall be accounted as part only of the share or shares of such child or children and the balance of the share or shares of such child or children shall be paid by my son William Burnside to such child or children out of the real estate given and bequeathed by me to him and thereby appoint my three sons Thomas Andrew and William executors of this my last will and testament. In witness whereof I have herein to set my hand and seal the 4th day of December in the year of our Lord one thousand eight fifty two Thomas Burnside S. S. The foregoing instrument consisting of one sheet was now here subscribed by Thomas Burnside the testator in the presence of each of us and was declared by him to be his last will and testament and we at his request sign our names hereto as attesting witnesses Daniel Green residing in Milford Otsego Co. Ansel S. Anable residing in Milford Otsego Co. In the matter of proving ) Otsego County ss the last will and testament) Daniel Green and Ansel S. Anable of the town of of Thomas Burnside deceased) Milford in the county of Otsego being duly sworn and examined before Hiram Kinne Surrogate of the county of Otsego do depose and say say they were well acquainted with Thomas Burnside now deceased That they were present as witnesses and did see the said Thomas Burnside subscribe his name at the end of the instrument in writing now produced and shown to these deponents bearing date the fourth day of December in the year one thousand eight hundred and fifty two purporting to be the last will and testament of the said Thomas Burnside deceased That the said Thomas Burnside at the (illegible) be so of making the said subscription declared the said instrument to be his last will and testament and requested these deponents to sign their names as witnesses thereto There upon these deponents accordingly signed their names as witnesses at the end of the said instrument These deponents further say that the said Thomas Burnside at the time he so executed the said instrument was a citizen of the United States of full age of sound mind and memory in all respects competent to devise real estate and not under restraint Sworn before me this 25th day of April 1853 Daniel Green Hiram Kinne Surrogate Ansel S. Anable Otsego County ss It appearing upon the proofs duly taken in respect to the last will and testament of Thomas Burnside late of Milford in the County of Otsego deceased that the said will was duly executed according to law and that the said testator at the time he executed the same was in all respects competent to devise and attest and not under restraint The said last will and testament in the said proofs are hereby recorded signed and certified by me (illegible) and to the provisions of the Revised Statutes this twenty fifth day of April in the year one thousand and eight hundred and fifty three. Hiram Kinne Surrogate Additional Comments: Transcription notes: Transcribed from a photocopy of the original document. Entire document consists of 2 sheets entirely handwritten with the smallest possible handwriting and contains no punctuation marks. Document was transcribed like the original except for the Last Will and Testament to which I included paragraphs for readability.