WILL: Nathan Wood; Moreau, Saratoga co., NY 
surname: Wood

submitted by Ken Smith (ksmith22 at mn.rr.com) 
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Submitted Date: September 13, 2005
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Source: sampubco.com
Saratoga County Will Book Vol. 15, Page 48
Written: October 7, 1848
Recorded: April 23, 1849

Will of Nathan Wood, Saratoga Co., NY. 1849
The last will and testament of Nathan Wood, deceased, relating to both real 
and personal estate together with the proof thereof, recorded the 23rd day of 
April, 1849.

At a Surrogate Court held at the Village of Saratoga Springs, in and for the 
County of Saratoga, on the 23rd day of April, 1849.
Present, John C. Hulbert, Surrogate.
Be it remembered that heretofore, to wit, at a Surrogate Court held at the 
Village of Saratoga Springs on the 6th day of March, 1849, Charles F. Wood, 
the executor, carried in a certain instrument, dated the 7th day of October, 
1848, purporting to be the last will and testament of Nathan Wood, deceased,
relating to real and personal estate, appeared and offered said instrument for
probate and made satisfactory proof by petition that the said Nathan Wood died
on the 17th day of October, 1848, that at the time of his death and for a long
time previous thereto he was an inhabitant of the Town of Moreau in said
county, that he left a widow, to wit, Lucy Wood, and the following as his only
heirs and next of kin, Lucy Wood, Susan R. Wood of Moreau, Saratoga County,
Orlando Wood, Ezra H. Wood, Watertown, Jefferson County, Wisconsin, Nathan
Wood, Westminster, Worcester, Mass., and this petitioner Charles F. Wood, and
Sarah E. Wood and Jane A. Wood and Angeline Wood of Moreau, that all the said
are all of full age excepting the said Sarah E. Wood, Jane A. Wood and
Angeline Wood who are minors, having no General Guardian. And thereupon, John
T. Carr of Saratoga Springs, consenting thereto in writing, was appointed the
Guardian Ad Litem of the said minors. Thereupon, a citation was issued to the
said widow, heirs and next of kin, and to the said Guardian Ad Litem, citing
them and each of them to appear before the said Surrogate at his office in the
Village of Saratoga Springs on the 23rd day of April, 1849, at 10 O'clock AM.
to attend the proof and probate of said will. And at a Surrogate Court held at
the place last aforesaid on the 23rd day of April, 1849, the return day of
said citation, the said Charles F. Wood again appeared and made satisfactory
proof of the due and legal service of the same upon all to whom it was
directed and made application to have the said instrument proved and admitted
to probate, and no person appearing to oppose said application and thereupon
the said instrument, having been produced and shown to the attesting
witnesses, thereto the proof thereof was taken in the words and figures
following, to wit.

County of Saratoga, Surrogate Court
In the matter of proving the last will and testament of Nathan Wood, deceased
Saratoga County
Benjamin F. Cornell and Asa F. Thompson of the Town of Moreau in the County of
Saratoga, being first duly sworn in open court on their oaths do depose and
say that they are subscribing witnesses to the last will and testament of
Nathan Wood, late of the Town of Moreau, in the County of Saratoga, aforesaid
deceased, and these deponents further say that the said deceased, did, in the
presence of these deponents, subscribe his name at the end of the instrument
which is now shown to these deponents and which purports to be the last will
and testament of the said deceased and which bears date on the 7th day of
October, in the year One Thousand, Eight Hundred and Forty-eight, that the
said deceased did, at the time of subscribing his name to said instrument as
aforesaid, declare the same to be his last will and testament, that these
deponents did thereupon subscribe their own names at the end of said
instrument, as attesting witnesses to the execution thereof, 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 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 the knowledge or
belief of these deponents. signed Benjamin F. Cornell

Subscribed and sworn this Asa F. Thompson
23rd day of April, 1849. Before me,
John C. Hulbert-Surrogate
And thereupon it appearing upon the proof so taken, that the said instrument
was duly executed, and that the testator at the time of executing the same was
in all aspects competent to devise real estate and not under restraint, and
the said Surrogate, having moreover inquired particularly into the facts and
circumstances, and being satisfied of the genuineness and validity of the said
instrument, and no objection being made thereto, it is hereby ordered and
adjudged and decreed by said Court that the said instrument be admitted to
probate as the last will and testament of the said Nathan Wood, relating to
both real and personal estate, and it is further ordered that the said will be
recorded, together with the proof thereof, which said proof is herein before
recorded, and the said will is in the words and figures following, to wit.

Will
I, Nathan Wood, of the Town of Moreau, County of Saratoga, and State of 
New York, do hereby make and declare this to be my last will and testament.
After the payment of my just debts, I dispose of my estate as follows, to wit,
to my beloved wife, Lucy Wood, I give and bequeath all the household furniture
owned by me at my decease, also one-third part of all my personal property,
and also one-third part of my real estate, during her natural life.

To my oldest son, Orlando Wood, I give and bequeath the sum of One Hundred
Dollars, to be paid within two years after my decease.

To my son Ezra H. Wood, I give and bequeath the sum of One Hundred Dollars, to
be paid three years from the date of my decease.

To my son Nathan Wood, I give and bequeath the sum of One Hundred Dollars, to
be paid within four years after my decease.

To each of my daughters, Lucy Wood, Susan R. Wood, Sarah E. Wood, Jane Augusta
Wood and Angeline Wood, I give and bequeath the sum of Seventy-five Dollars,
to be paid (should they remain single) in ten years, but in case either or any
of them should become married within the ten years, she shall be entitled to
receive the amount above mentioned, to wit, Seventy-five Dollars, within six
months after the date of her marriage. I also will and bequeath that my said
daughters, Lucy Wood, Susan R. Wood, Sarah E. Wood, Jane Augusta Wood and
Angeline Wood, shall have a home and support out of this, my property, upon
precisely the same terms that they now do, whenever they may wish to remain at
home. Should they prefer to leave home and rely upon their own resources, my
property is not to be chargeable with their support during the time of their
absence, and in case either of them marries, they shall not be entitled to a
home or support in the above manner for more than six months after the date of
their marriage.

To my son Charles F. Wood, I give and bequeath all the remainder of the real
and personal estate of which I may disposed after paying the above named
legacies, and also of the one-third part of the real estate above, bequeathed
to my wife, Lucy Wood, after her death, and I enjoin it upon him to carry out
not only the above expressed will, but all my known wishes with regard to the
education of my younger daughters.

I hereby constitute and appoint my wife Lucy Wood, my son, Charles F. Wood,
and Seth Hawley, to be my executors to this my last will and testament, dated
at Moreau this 7th day of October, One Thousand, Eight Hundred and 
forty-eight.
Nathan Wood. L. S.

Signed, sealed and declared by the above named Nathan Wood, to be his last
will and testament, in the presence of us, the subscribers, who subscribed our
names in the presence of the said testator and of each other.
Benjamin F. Cornell
A. F. Thompson

I, John C. Hulbert, Surrogate of the County of Saratoga, do certify the 
foregoing to be a true record of the last will and testament of Nathan Wood, 
deceased, and of the proof thereof taken before me on the 23rd day of April, 
1849.
John C. Hulbert, Surrogate