WILL: Gilbert Waring; Saratoga Springs, Saratoga co., NY
surname: Waring, Warring, Dunning, Bennett, Starr, Holt

submitted by Lodema DuBois Jenkins (lodemaj @ aol.com)
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transcribed from SAMPUBCO copy by Lodema DuBois Jenkins on January 9, 2002.

Saratoga County NY
Will Book Vol. 15 page 292

The last will & testament of Gilbert Waring deceased relating to both real &
personal Estate together with the proofs thereof recoded this 2nd day of
December, 1850 At a Surrogates Court held at the village of Saratoga Springs
on the 2nd day of December 1850 in and for the county of Saratoga.  Present
John C Hulbert, Surrogate

Be it remembered heretofore to wit, at a Surrogates Court held at the
Surrogates Court held at the village of Saratoga Springs on the 21st day of
October 1850, Gilbert L Waring, an executor named in a certain instrument of
Gilbert Waring deceased relating to real & personal Estate, appeared & offered
said instrument for probate.  And the said Gilbert L made satisfactory proofs
be petition that the Gilbert died a natural death on or about the ? day of
October 1850; that at the time of his death & for a long time previous thereto
he was an inhabitant of the town of Saratoga Springs in the County of
Saratoga: That he left Jane Waring his widow & the following-his only heirs &
next of kin.  John Waring(;) James Waring(;) Betsey Dunning, wife of William
Dunning(;) Polly Bennett wife of ? Bennett(;) Ann Starr(,) wife of Elmon ?
Starr(;) Warren H Warring(;) William Warring & your said petitioner.  That of
the above named persons Warren H Warring and Wlliam Warring are minors having
no general Guardian & thereupon John Terhune consenting thereto in writing was
appointed Special Guardian of the said Infants to take care of their rights &
interests in proving the said will.  And thereupon a citation was issued to
the said widow heirs & next of kin to the said Guardian Ad? Citing them & each
of them to appear before the said Surrogate at his office in the village of
Saratoga Springs on the 11th day of November 1850 the return day aforesaid the
said executor again appeared & returned said citation & made satisfactory
proofs of the due & legal service of the same on all to whom it was directed. 
And on motion of said matter was adjourned to the 2nd day of December then
next at ten oOclock in the forenoon of that day.  And at a Surrogates Court
held at the village of Saratoga Springs on the 2nd day of December 1850 the
said executor again appeared & produced said instrument & made application to
have the same proved and admitted to probate and no person appearing to oppose
said application thereupon the said instrument having been produced and shown
to �?� the proofs thereof was taken on the words and figures following to wit.

County of Saratoga.  Surrogates Court
In the matter of proving the last will and
Testament of Gilbert Warring deceased
Saratoga County SS Prince Wing and Elihu Wing of Greenfield in the county of
Saratoga being first duly affirmed in the court on their affirmation(,) say
that they are subscribing witness to the last will and testament of Gilbert
Warring late of the Town of Saratoga Springs in the County of Saratoga,
aforesaid, deceased.  And these Affirmations further say, that the said
decease and codicil bears date on the 25th day of June in the year
one-thousand eight hundred and forty nine:  That the said deceased did at the
time of subscribing his name to said Instrument as aforesaid, did declare the
same to be his last will and testament.  That these affirmants, did thereupon
subscribe their own names at the end of said instrument., as attesting witness
to the execution thereof, at the request of the said deceased at the time of
subscribing his name to said instrument as aforesaid was upwards of twenty-one
years of age: that he appeared to be of sound mind and memory and was not
under restraint to be knowledge of belief of these affirmants.  Prince Wing: 
Elihu Wing:  Subscribe and affirmed this 2nd day of December 1850 before me,
John C Hulbert, Surrogate. 

And, it appearing from the proofs so taken that the said instrument was duly
executed and that the testator at the time of executing the same was in all
respects competent to divest real estate and not under restraint and the said
Surrogate having moreover inquired into the facts and circumstances and being
satisfied of the gen?? And validity- of said instrument and no objection being
made thereto, it is hereby ordered adjudged and decreed that the said
instrument be admitted to probate as the last will and testament of Gilbert
Warring deceased relating to Real and Personal Estate.  And it is further
ordered that the said will be recorded together with the proofs there of which
said proofs to having been recorded.  And the said will is in the words and
figures following to wit.

        Know all men by these presents that I(,) Gilbert Warring(,) of the
Town of Saratoga Springs in the County of Saratoga and State of New York,
being at this time in health and blessed by God of sound mind and memory,
knowing that it is appointed unto all men once to die:  Do for the settlement
of my worldly Estate that I am blessed with in this life, make(,) ordain(,)
publish and delare this ,my last will and testament in manner to form
following (that is to say). 

Item First
After my decease it is my will that all my just debts and funeral expenses and
the expenses of settling my estate shall be paid by my Executors hereinafter
named out of my personal property, that I shall have at my decease.

Second
I give devise and bequeath to my beloved wife Jane Warring if she shall
survive me the use of all my property that I shall have at my decease not
otherwise disposed of as above stated during her natural life under the
direction of my said Executors.  All which I give to my said wife in lieu of
her dower.

Third
I hereby give and bequeath to my daughter Betsey Dunning(,) wife of William
Dunning(,) a certain lot of land situate lying and being in the Town of
Saratoga Springs in the county of Saratoga.  Being a part of lot number five
of the smaller lots into which lot number three in the subdivision of lot
number ten in the sixteenth allotment of the general partition of the patent
of Kayderossseras is subdivided and is bounded as follows OBeginning at a
stake and stones standing and being the northeast corner of Lot number four
and runs along the same west twelve chains and seventy nine links, thence
north thirty nine chains and ten links, thence East twelve chains and seventy
nine links.  Thence South thirty nine chains and ten links to the place of
beginning containing fifty-acres of land being a part of the lot of land
conveyed by case to Gilbert L Warring and by said Gilbert L Warring and wife
to his father, Gilbert Warring, and to her heirs and assigns forever.

Fourth
I give bequeath and devise to my grandson William H Warring, son of my son,
Gilbert L Warring(,) the homestead whereon I reside containing about fifty
acres of land to be enjoyed by him after the decease of my said wife and after
my decease.  Said William H Warring is to hold the said bequest upon this
express condition(:) that he shall pay or cause to be paid to my son(,) John
Warring(,) fifty dollars a year and every year so long as my said son John
shall live.  Said payment is to commence in one year from my decease and after
the decease of my said wife and if I should die or my wife should die during
the minority of my said grandson(,) William H Warring, it is my will that my
son(,) Gilbert L Warring is to be his guardian during his minority.  Said
homestead is bounded as follows(:)  On the north by the south line of the Town
of Greenfield west by the middle of the Highway leading south from the now
dwelling house of James Warring to the intersection of the highway running
west from the dwelling house of the testator thence Easterly about six rods to
a stack of stones in the northeast corner of the lands belonging to the heirs
of Joseph Warring(,) thence South on the East bounds thereof until it comes to
a certain lot of land owned by said heirs of Joseph Warring thence east on the
south bounds thereof to the lands of William Dunning to the South west corner
of the lands herein given to my daughter Betsey Dunning.  Thence northerly on
the westbounds thereof to the South bounds of the Town of Greenfield.  And I
hereby exempt out of the lands last described as the Family Burial Ground and
its appearance which is to be still land for that purpose.  Also that the
Heirs mentioned in this my will are to keep said Burial Ground in repair.  I
also reserve a right of passway for my grandsons Warren Warring and William
Warring(,) heirs of Joseph Warring through a passway leading from the Highway
running East and West past the Dwelling of the Testator.  Said passway
commences on the east bank of the creek running south for the accommodation of
lands owned by said Warren and William.  Said right to pass is to continue so
long as they or either of them shall own the land so benefit by the right of
passing and ?.

Fifth
I give bequeath and devise to my two grandsons Warren and William Warring sons
of my said son Joseph Warring Deceased all those two pieces of land hereafter
described: first piece is bound and described as follows, to wit, north by the
south line of said Town of Greenfield, East by the highway leading South from
James Warring to the intersection of the highway running west from the now
dwelling house of the testator, on the south by the said road leading westerly
as aforesaid containing about fourteen acres more or less.  Second piece or
parcel situated in said Town of Saratoga Springs is bounded as follows to wit
(:) on the north by lands belonging to the heirs of Joseph Warring(,)
Deceased(,) on the East of the highway leading south?  From the intersection
of the highway last before mentioned, south by said highway until the distance
comes to the north post of a Barway some twelve to fourteen feet south of a
spring then westerly on the line of the fence as it now stands until it
strikes the first fence running north and south at which point stands a stake
and stones.  Thence northerly along said fence as it now stands until it comes
to the southwest corner of the lands of the said heirs of Joseph Warring.

Sixth
I give bequeath and devise unto my two daughters, Polly Bennet wife of Bradley
Bennet and Ann Starr wife of Elmon ? Starr(,) all the lands within the
following Boundaries.  Commencing in the centre of the highway running East
from the now dwelling house of Aaron Hickock thence South on the east bounds
of the lands of said Hikock to the land of John Waterbury and the lands of
Gridley then on Easterly along the northbounds of the lands of Elizer Carrogan
to the center of the highway thence northerly along the center of said highway
until it strikes the Bar post south of the spring before described thence
westerly on the southbound of the lands bequested in this my will to my said
grandsons Warren Warring and William Warring children of my said son Joseph
Warring deceased, thence northerly along the middle of the fence as it now
stands to the highways aforesaid leading from the now dwelling house of the
testator to that of Aaron Hickock thence along the middle of said highway to
the place of the beginning, containing about one-hundred and thirty acres of
land by the same more of less.  It is my will that in case my daughter Polly
Bennet should die leaving no children, property willed to her by me shall
revert after her decease to her brothers and sisters then living to be equally
divided between them share and share alike.  It is my will that the lands
hereby willed to my grandsons(,) Warren and William Warring(,) that if one
should die leaving no children the same shall be inherited by his brother and
if both should die said property hereby willed shall revert and descend to the
children of my Body then living at the decease of my said grandsons Warren and
William.

Seventh
It is my will and I hereby bequest all my household property to my three
daughters to wit, Betsey Dunning wife of Wiliam Dunning, Polly Bennet wife of
Bradley Benett, Ann Starr wife of Elmon ? Starr the division to be share and
share alike under the direction of my said executors hereinafter named.  It is
my will that in case one of my said daughters would die before the decease of
the testator and before the decease of my said wife that then in that case the
survivor or survivors may share and inherit the share so left by me to the
daughter so dead.

Eight
I give devise and bequeath unto my son James Warring and to his heirs and
assigns forever all the residue of my personal property that shall be left at
the death of my said wife after my decease after paying my just debts funeral
expenses and the expenses of settling my estate.

Ninth
I herby direct my executors named to provide for maintain and support Daniel
Holt and (sic) old gentleman who has resided in my family many years to take
good care of him the said Daniel Holt both in sickness and health during the
natural life of said Daniel and the expenses and charge of aforesaid for the
support of said Holt is upon this express understanding that said Daniel is to
be with abide and reside with one or either of my said children at the option
of said Daniel, but in no case is there to accrue any expense to my said
children or my Executors for his support if he shall leave or not reside with
my said children as aforesaid.  The expenses of said Holt for his support
shall be defrayed by my said Executors out to the share that I have given to
my children in this my will on proportion to the amount that each shall
inherit.

And lastly I hereby nominate a appoint my worthy sons John Warring James
Warring and Gilbert Warring Executors to this my last will and testament
hereby revoking all former wills by me made ratifying and confirming this and
this only to be my last will and testament.  In witness whereof I the said
Gilbert Warring have hereunto set my hand and seal the twenty-fifth day of
June one thousand eight hundred forty-nine.  Gilbert Warring LS

Will sealed and published and declared by the said Gilbert Warring the said
testator to be his last will and testament in the presence of us, who have
subscribed our names as witnesses in the presence of said Gilbert Warring and
at his request and in the presence of each other.

Prince Wing of the Town of Greenfield Saratoga County
Elihu Wing of the town of Greenfield in the county of Saratoga.
I, John C Hulbert Surrogate of the county of Saratoga do certify the forgoing
as a true record of the last will and testament of Gilbert Warring deceased
and the proof thereof taken before me on the 2nd day of December 1850.
---

Definition note:
 Barway \Bar"way`\  n. A passage into a field or yard, closed by bars made to
take out of the posts.